Texas 2023 - 88th Regular

Texas House Bill HB285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bernal H.B. No. 285
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the expulsion of public school students for engaging in
7	7	conduct that constitutes serious offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.007, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Subject
12	12	to the considerations required under Subsection (c) and except
13	13	[Except] as provided by Subsection (h) [(k)], a student shall be
14	14	expelled from a school if the student:
15	15	(1) while[,] on school property or while attending a
16	16	school-sponsored or school-related activity on or off of school
17	17	property:
18	18	(A) [(1)] engages in conduct that contains the
19	19	elements of the offense of unlawfully carrying weapons under
20	20	Section 46.02, Penal Code, or elements of an offense relating to
21	21	prohibited weapons under Section 46.05, Penal Code;
22	22	(B) [(2)] engages in conduct that contains the
23	23	elements of the offense of:
24	24	(i) [(A)] aggravated assault under Section
25	25	22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
26	26	or aggravated sexual assault under Section 22.021, Penal Code;
27	27	(ii) [(B)] arson under Section 28.02, Penal
28	28	Code;
29	29	(iii) [(C)] murder under Section 19.02,
30	30	Penal Code, capital murder under Section 19.03, Penal Code, or
31	31	criminal attempt, under Section 15.01, Penal Code, to commit murder
32	32	or capital murder;
33	33	(iv) [(D)] indecency with a child under
34	34	Section 21.11, Penal Code;
35	35	(v) [(E)] aggravated kidnapping under
36	36	Section 20.04, Penal Code;
37	37	(vi) [(F)] aggravated robbery under
38	38	Section 29.03, Penal Code;
39	39	(vii) [(G)] manslaughter under Section
40	40	19.04, Penal Code;
41	41	(viii) [(H)] criminally negligent homicide
42	42	under Section 19.05, Penal Code; or
43	43	(ix) [(I)] continuous sexual abuse of young
44	44	child or children under Section 21.02, Penal Code; or
45	45	(C) [(3)] engages in conduct specified by
46	46	Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a
47	47	felony.
48	48	(b) Subject to the considerations required under Subsection
49	49	(c), a [A] student may be expelled if the student:
50	50	(1) engages in conduct involving a public school that
51	51	contains the elements of the offense of false alarm or report under
52	52	Section 42.06, Penal Code, or terroristic threat under Section
53	53	22.07, Penal Code;
54	54	(2) while on or within 300 feet of school property, as
55	55	measured from any point on the school's real property boundary
56	56	line, or while attending a school-sponsored or school-related
57	57	activity on or off of school property:
58	58	(A) sells, gives, or delivers to another person
59	59	or possesses, uses, or is under the influence of any amount of:
60	60	(i) marihuana or a controlled substance, as
61	61	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
62	62	Section 801 et seq.;
63	63	(ii) a dangerous drug, as defined by
64	64	Chapter 483, Health and Safety Code; or
65	65	(iii) an alcoholic beverage, as defined by
66	66	Section 1.04, Alcoholic Beverage Code;
67	67	(B) engages in conduct that contains the elements
68	68	of an offense relating to an abusable volatile chemical under
69	69	Section [Sections] 485.031, 485.032, 485.033, or [through]
70	70	485.034, Health and Safety Code;
71	71	(C) engages in conduct that contains the elements
72	72	of an offense under Section 22.01(a)(1), Penal Code, against a
73	73	school district employee or a volunteer as defined by Section
74	74	22.053 of this code; or
75	75	(D) engages in conduct that contains the elements
76	76	of the offense of deadly conduct under Section 22.05, Penal Code;
77	77	(3) subject to Subsection (a)(2) [(d)], while within
78	78	300 feet of school property, as measured from any point on the
79	79	school's real property boundary line:
80	80	(A) engages in conduct specified by Subsection
81	81	(a)(1); or
82	82	(B) possesses a firearm, as defined by 18 U.S.C.
83	83	Section 921;
84	84	(4) engages in conduct that contains the elements of
85	85	any offense listed in Subsection (a)(1)(B)(i) [(a)(2)(A)] or (iii)
86	86	[(C)] or the offense of aggravated robbery under Section 29.03,
87	87	Penal Code, against another student, without regard to whether the
88	88	conduct occurs on or off of school property or while attending a
89	89	school-sponsored or school-related activity on or off of school
90	90	property; [or]
91	91	(5) engages in conduct that contains the elements of
92	92	the offense of breach of computer security under Section 33.02,
93	93	Penal Code, if:
94	94	(A) the conduct involves accessing a computer,
95	95	computer network, or computer system owned by or operated on behalf
96	96	of a school district; and
97	97	(B) the student knowingly:
98	98	(i) alters, damages, or deletes school
99	99	district property or information; or
100	100	(ii) commits a breach of any other
101	101	computer, computer network, or computer system;
102	102	(6) [. (c) A student may be expelled if the student,]
103	103	while placed in a disciplinary alternative education program,
104	104	engages in any of the following documented serious misbehavior
105	105	while on the program campus despite documented behavioral
106	106	interventions[. For purposes of this subsection, "serious
107	107	misbehavior" means]:
108	108	(A) [(1)] deliberate violent behavior that poses
109	109	a direct threat to the health or safety of others;
110	110	(B) [(2)] extortion, meaning the gaining of
111	111	money or other property by force or threat;
112	112	(C) [(3)] conduct that constitutes coercion, as
113	113	defined by Section 1.07, Penal Code; or
114	114	(D) [(4)] conduct that constitutes the offense
115	115	of:
116	116	(i) [(A)] public lewdness under Section
117	117	21.07, Penal Code;
118	118	(ii) [(B)] indecent exposure under Section
119	119	21.08, Penal Code;
120	120	(iii) [(C)] criminal mischief under
121	121	Section 28.03, Penal Code;
122	122	(iv) [(D)] personal hazing under Section
123	123	37.152; or
124	124	(v) [(E)] harassment under Section
125	125	42.07(a)(1), Penal Code, of a student or district employee;
126	126	(7) [. (d) A student shall be expelled if the student
127	127	engages in conduct that contains the elements of any offense listed
128	128	in Subsection (a), and may be expelled if the student] engages in
129	129	conduct that contains the elements of any offense listed in
130	130	Subdivision (2)(C) [Subsection (b)(2)(C)], against any employee or
131	131	volunteer in retaliation for or as a result of the person's
132	132	employment or association with a school district, without regard to
133	133	whether the conduct occurs on or off of school property or while
134	134	attending a school-sponsored or school-related activity on or off
135	135	of school property;
136	136	(8) engages in conduct that contains the elements of
137	137	the offense of criminal mischief under Section 28.03, Penal Code,
138	138	if the conduct is punishable as a felony under that section; or
139	139	(9) engages in conduct described by Subsection (a)(1)
140	140	while:
141	141	(A) on school property of another district in
142	142	this state; or
143	143	(B) attending a school-sponsored or
144	144	school-related activity of a school in another district in this
145	145	state.
146	146	(c) A school district shall consider each factor listed
147	147	under Section 37.001(a)(4) before making a decision to expel a
148	148	student under Subsection (a) or (b).
149	149	(d) [(e)] In accordance with 20 U.S.C. Section 7151, a local
150	150	educational agency, including a school district, home-rule school
151	151	district, or open-enrollment charter school, shall expel a student
152	152	who brings a firearm, as defined by 18 U.S.C. Section 921, to
153	153	school. The student must be expelled from the student's regular
154	154	campus for a period of at least one year, except that:
155	155	(1) the superintendent or other chief administrative
156	156	officer of the school district or of the other local educational
157	157	agency, as defined by 20 U.S.C. Section 7801, may modify the length
158	158	of the expulsion in the case of an individual student;
159	159	(2) the district or other local educational agency
160	160	shall provide educational services to an expelled student in a
161	161	disciplinary alternative education program as provided by Section
162	162	37.008 if the student is younger than 10 years of age on the date of
163	163	expulsion; and
164	164	(3) the district or other local educational agency may
165	165	provide educational services to an expelled student who is 10 years
166	166	of age or older in a disciplinary alternative education program as
167	167	provided in Section 37.008.
168	168	(e) [(f)] A student who engages in conduct described by
169	169	Subsection (b)(8) [that contains the elements of the offense of
170	170	criminal mischief under Section 28.03, Penal Code, may be expelled
171	171	at the district's discretion if the conduct is punishable as a
172	172	felony under that section. The student] shall be referred to the
173	173	authorized officer of the juvenile court regardless of whether the
174	174	student is expelled under Subsection (b).
175	175	(f) [(g)] In addition to any notice required under Article
176	176	15.27, Code of Criminal Procedure, a school district shall inform
177	177	each educator who has responsibility for, or is under the direction
178	178	and supervision of an educator who has responsibility for, the
179	179	instruction of a student who has engaged in any violation listed in
180	180	this section of the student's misconduct. Each educator shall keep
181	181	the information received under this subsection confidential from
182	182	any person not entitled to the information under this subsection,
183	183	except that the educator may share the information with the
184	184	student's parent or guardian as provided for by state or federal
185	185	law. The State Board for Educator Certification may revoke or
186	186	suspend the certification of an educator who intentionally violates
187	187	this subsection.
188	188	(g) [(h)] Subject to Subsection (d) [(e)], notwithstanding
189	189	any other provision of this section, a student who is younger than
190	190	10 years of age may not be expelled for engaging in conduct
191	191	described by this section.
192	192	(h) [(i) A student who engages in conduct described by
193	193	Subsection (a) may be expelled from school by the district in which
194	194	the student attends school if the student engages in that conduct:
195	195	[(1) on school property of another district in this
196	196	state; or
197	197	[(2) while attending a school-sponsored or
198	198	school-related activity of a school in another district in this
199	199	state.
200	200	[(k)] A student may not be expelled solely on the basis of
201	201	the student's use, exhibition, or possession of a firearm that
202	202	occurs:
203	203	(1) at an approved target range facility that is not
204	204	located on a school campus; and
205	205	(2) while participating in or preparing for a
206	206	school-sponsored shooting sports competition or a shooting sports
207	207	educational activity that is sponsored or supported by the Parks
208	208	and Wildlife Department or a shooting sports sanctioning
209	209	organization working with the department.
210	210	(i) [(l)] Subsection (h) [(k)] does not authorize a student
211	211	to bring a firearm on school property to participate in or prepare
212	212	for a school-sponsored shooting sports competition or a shooting
213	213	sports educational activity described by that subsection.
214	214	SECTION 2. Section 37.001(e), Education Code, is amended to
215	215	read as follows:
216	216	(e) Except as provided by Section 37.007(d) [37.007(e)],
217	217	this subchapter does not require the student code of conduct to
218	218	specify a minimum term of a removal under Section 37.006 or an
219	219	expulsion under Section 37.007.
220	220	SECTION 3. Section 37.002(d), Education Code, is amended to
221	221	read as follows:
222	222	(d) A teacher shall remove from class and send to the
223	223	principal for placement in a disciplinary alternative education
224	224	program or for expulsion, as appropriate, a student who engages in
225	225	conduct described under Section 37.006 or 37.007. The student may
226	226	not be returned to that teacher's class without the teacher's
227	227	consent unless the committee established under Section 37.003
228	228	determines that such placement is the best or only alternative
229	229	available. If the teacher removed the student from class because
230	230	the student has engaged in the elements of any offense listed in
231	231	Section 37.006(a)(2)(B) or Section 37.007(a)(1)(B)(i)
232	232	[37.007(a)(2)(A)] or (b)(2)(C) against the teacher, the student may
233	233	not be returned to the teacher's class without the teacher's
234	234	consent. The teacher may not be coerced to consent.
235	235	SECTION 4. Section 37.0021(f), Education Code, is amended
236	236	to read as follows:
237	237	(f) For purposes of this subsection, "weapon" includes any
238	238	weapon described under Section 37.007(a)(1)(A) [37.007(a)(1)].
239	239	This section does not prevent a student's locked, unattended
240	240	confinement in an emergency situation while awaiting the arrival of
241	241	law enforcement personnel if:
242	242	(1) the student possesses a weapon; and
243	243	(2) the confinement is necessary to prevent the
244	244	student from causing bodily harm to the student or another person.
245	245	SECTION 5. Sections 37.006(b), (f), and (l), Education
246	246	Code, are amended to read as follows:
247	247	(b) Except as provided by Sections 37.007(a)(2) and (b)(7)
248	248	[Section 37.007(d)], a student shall be removed from class and
249	249	placed in a disciplinary alternative education program under
250	250	Section 37.008 if the student engages in conduct on or off of school
251	251	property that contains the elements of the offense of retaliation
252	252	under Section 36.06, Penal Code, against any school employee.
253	253	(f) Subject to Section 37.007(d) [37.007(e)], a student who
254	254	is younger than 10 years of age shall be removed from class and
255	255	placed in a disciplinary alternative education program under
256	256	Section 37.008 if the student engages in conduct described by
257	257	Section 37.007. An elementary school student may not be placed in a
258	258	disciplinary alternative education program with any other student
259	259	who is not an elementary school student.
260	260	(l) Notwithstanding any other provision of this code, other
261	261	than Section 37.007(d)(2) [37.007(e)(2)], a student who is younger
262	262	than six years of age may not be removed from class and placed in a
263	263	disciplinary alternative education program.
264	264	SECTION 6. Section 37.010(b), Education Code, is amended to
265	265	read as follows:
266	266	(b) If a student is expelled under Section 37.007(b)(6)
267	267	[37.007(c)], the board or its designee shall refer the student to
268	268	the authorized officer of the juvenile court for appropriate
269	269	proceedings under Title 3, Family Code.
270	270	SECTION 7. Sections 37.011(b), (h), (k), (l), and (p),
271	271	Education Code, are amended to read as follows:
272	272	(b) If a student admitted into the public schools of a
273	273	school district under Section 25.001(b) is expelled from school
274	274	[for conduct for which expulsion is required] under Section
275	275	37.007(a) or (d) [37.007(a), (d), or (e)], or for conduct that
276	276	contains the elements of the offense of terroristic threat as
277	277	described by Section 22.07(c-1), (d), or (e), Penal Code, the
278	278	juvenile court, the juvenile board, or the juvenile board's
279	279	designee, as appropriate, shall:
280	280	(1) if the student is placed on probation under
281	281	Section 54.04, Family Code, order the student to attend the
282	282	juvenile justice alternative education program in the county in
283	283	which the student resides from the date of disposition as a
284	284	condition of probation, unless the child is placed in a
285	285	post-adjudication treatment facility;
286	286	(2) if the student is placed on deferred prosecution
287	287	under Section 53.03, Family Code, by the court, prosecutor, or
288	288	probation department, require the student to immediately attend the
289	289	juvenile justice alternative education program in the county in
290	290	which the student resides for a period not to exceed six months as a
291	291	condition of the deferred prosecution;
292	292	(3) in determining the conditions of the deferred
293	293	prosecution or court-ordered probation, consider the length of the
294	294	school district's expulsion order for the student; and
295	295	(4) provide timely educational services to the student
296	296	in the juvenile justice alternative education program in the county
297	297	in which the student resides, regardless of the student's age or
298	298	whether the juvenile court has jurisdiction over the student.
299	299	(h) Academically, the mission of juvenile justice
300	300	alternative education programs shall be to enable students to
301	301	perform at grade level. For purposes of accountability under
302	302	Chapters 39 and 39A, a student enrolled in a juvenile justice
303	303	alternative education program is reported as if the student were
304	304	enrolled at the student's assigned campus in the student's
305	305	regularly assigned education program, including a special
306	306	education program. Annually the Texas Juvenile Justice Department,
307	307	with the agreement of the commissioner, shall develop and implement
308	308	a system of accountability consistent with Chapters 39 and 39A,
309	309	where appropriate, to assure that students make progress toward
310	310	grade level while attending a juvenile justice alternative
311	311	education program. The department shall adopt rules for the
312	312	distribution of funds appropriated under this section to juvenile
313	313	boards in counties required to establish juvenile justice
314	314	alternative education programs. Except as determined by the
315	315	commissioner, a student served by a juvenile justice alternative
316	316	education program on the basis of an expulsion [required] under
317	317	Section 37.007(a) or (d) [37.007(a), (d), or (e)] is not eligible
318	318	for Foundation School Program funding under Chapter 31 or 48 if the
319	319	juvenile justice alternative education program receives funding
320	320	from the department under this subchapter.
321	321	(k) Each school district in a county with a population
322	322	greater than 125,000 and the county juvenile board shall annually
323	323	enter into a joint memorandum of understanding that:
324	324	(1) outlines the responsibilities of the juvenile
325	325	board concerning the establishment and operation of a juvenile
326	326	justice alternative education program under this section;
327	327	(2) defines the amount and conditions on payments from
328	328	the school district to the juvenile board for students of the school
329	329	district served in the juvenile justice alternative education
330	330	program whose placement was not made on the basis of an expulsion
331	331	[required] under Section 37.007(a) or (d) [37.007(a), (d), or (e)];
332	332	(3) establishes that a student may be placed in the
333	333	juvenile justice alternative education program if the student
334	334	engages in any serious misbehavior described[, as defined] by
335	335	Section 37.007(b)(6) [37.007(c)];
336	336	(4) identifies and requires a timely placement and
337	337	specifies a term of placement for expelled students for whom the
338	338	school district has received a notice under Section 52.041(d),
339	339	Family Code;
340	340	(5) establishes services for the transitioning of
341	341	expelled students to the school district prior to the completion of
342	342	the student's placement in the juvenile justice alternative
343	343	education program;
344	344	(6) establishes a plan that provides transportation
345	345	services for students placed in the juvenile justice alternative
346	346	education program;
347	347	(7) establishes the circumstances and conditions
348	348	under which a juvenile may be allowed to remain in the juvenile
349	349	justice alternative education program setting once the juvenile is
350	350	no longer under juvenile court jurisdiction; and
351	351	(8) establishes a plan to address special education
352	352	services required by law.
353	353	(l) The school district shall be responsible for providing
354	354	an immediate educational program to students who engage in behavior
355	355	resulting in expulsion under Section 37.007(b) [and (f)] but who
356	356	are not eligible for admission into the juvenile justice
357	357	alternative education program in accordance with the memorandum of
358	358	understanding required under this section. The school district may
359	359	provide the program or the school district may contract with a
360	360	county juvenile board, a private provider, or one or more other
361	361	school districts to provide the program. The memorandum of
362	362	understanding shall address the circumstances under which such
363	363	students who continue to engage in any serious misbehavior
364	364	described[, as defined] by Section 37.007(b)(6) [37.007(c),] shall
365	365	be admitted into the juvenile justice alternative education
366	366	program.
367	367	(p) If a district elects to contract with the juvenile board
368	368	for placement in the juvenile justice alternative education program
369	369	of students expelled under Section 37.007(b)[, (c), and (f)] and
370	370	the juvenile board and district are unable to reach an agreement in
371	371	the memorandum of understanding, either party may request that the
372	372	issues of dispute be referred to a binding arbitration process that
373	373	uses a qualified alternative dispute resolution arbitrator in which
374	374	each party will pay its pro rata share of the arbitration costs.
375	375	Each party must submit its final proposal to the arbitrator. If the
376	376	parties cannot agree on an arbitrator, the juvenile board shall
377	377	select an arbitrator, the school districts shall select an
378	378	arbitrator, and those two arbitrators shall select an arbitrator
379	379	who will decide the issues in dispute. An arbitration decision
380	380	issued under this subsection is enforceable in a court in the county
381	381	in which the juvenile justice alternative education program is
382	382	located. Any decision by an arbitrator concerning the amount of the
383	383	funding for a student who is expelled and attending a juvenile
384	384	justice alternative education program must provide an amount
385	385	sufficient based on operation of the juvenile justice alternative
386	386	education program in accordance with this chapter. In determining
387	387	the amount to be paid by a school district for an expelled student
388	388	enrolled in a juvenile justice alternative education program, the
389	389	arbitrator shall consider the relevant factors, including evidence
390	390	of:
391	391	(1) the actual average total per student expenditure
392	392	in the district's alternative education setting;
393	393	(2) the expected per student cost in the juvenile
394	394	justice alternative education program as described and agreed on in
395	395	the memorandum of understanding and in compliance with this
396	396	chapter; and
397	397	(3) the costs necessary to achieve the accountability
398	398	goals under this chapter.
399	399	SECTION 8. Section 37.012(a), Education Code, is amended to
400	400	read as follows:
401	401	(a) Subject to Section 37.011(n), the school district in
402	402	which a student is enrolled on the date the student is expelled [for
403	403	conduct for which expulsion is permitted but not required] under
404	404	Section 37.007(b) [37.007] shall, if the student is served by the
405	405	juvenile justice alternative education program, provide funding to
406	406	the juvenile board for the portion of the school year for which the
407	407	juvenile justice alternative education program provides
408	408	educational services in an amount determined by the memorandum of
409	409	understanding under Section 37.011(k)(2).
410	410	SECTION 9. Section 37.015(a), Education Code, is amended to
411	411	read as follows:
412	412	(a) The principal of a public or private primary or
413	413	secondary school, or a person designated by the principal under
414	414	Subsection (d), shall notify any school district police department
415	415	and the police department of the municipality in which the school is
416	416	located or, if the school is not in a municipality, the sheriff of
417	417	the county in which the school is located if the principal has
418	418	reasonable grounds to believe that any of the following activities
419	419	occur in school, on school property, or at a school-sponsored or
420	420	school-related activity on or off school property, whether or not
421	421	the activity is investigated by school security officers:
422	422	(1) conduct that may constitute an offense listed
423	423	under Section 508.149, Government Code;
424	424	(2) deadly conduct under Section 22.05, Penal Code;
425	425	(3) a terroristic threat under Section 22.07, Penal
426	426	Code;
427	427	(4) the use, sale, or possession of a controlled
428	428	substance, drug paraphernalia, or marihuana under Chapter 481,
429	429	Health and Safety Code;
430	430	(5) the possession of any of the weapons or devices
431	431	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
432	432	Code;
433	433	(6) conduct that may constitute a criminal offense
434	434	under Section 71.02, Penal Code; or
435	435	(7) conduct that may constitute a criminal offense for
436	436	which a student may be expelled under Section 37.007(a) or (d)
437	437	[37.007(a), (d), or (e)].
438	438	SECTION 10. Section 37.020(c), Education Code, is amended
439	439	to read as follows:
440	440	(c) For each expulsion under Section 37.007, the district
441	441	shall report:
442	442	(1) information identifying the student, including
443	443	the student's race, sex, and date of birth, that will enable the
444	444	agency to compare placement data with information collected through
445	445	other reports;
446	446	(2) information indicating whether the expulsion was
447	447	based on:
448	448	(A) conduct described by [for which expulsion is
449	449	required under] Section 37.007(a) [37.007, including information
450	450	specifically indicating whether a student was expelled on the basis
451	451	of Section 37.007(e)]; [or]
452	452	(B) conduct described by [for which expulsion is
453	453	permitted under] Section 37.007(b) [37.007]; or
454	454	(C) conduct described by Section 37.007(d);
455	455	(3) the number of full or partial days the student was
456	456	expelled;
457	457	(4) information indicating whether:
458	458	(A) the student was placed in a juvenile justice
459	459	alternative education program under Section 37.011;
460	460	(B) the student was placed in a disciplinary
461	461	alternative education program; or
462	462	(C) the student was not placed in a juvenile
463	463	justice or other disciplinary alternative education program; and
464	464	(5) the number of expulsions that were inconsistent
465	465	with the guidelines included in the student code of conduct under
466	466	Section 37.001(a)(5).
467	467	SECTION 11. Section 37.022(c), Education Code, is amended
468	468	to read as follows:
469	469	(c) Subject to Section 37.007(d) [37.007(e)], the district
470	470	or school in which the student enrolls may continue the
471	471	disciplinary action under the terms of the order or may allow the
472	472	student to attend regular classes without completing the period of
473	473	disciplinary action.
474	474	SECTION 12. Section 37.310, Education Code, is amended to
475	475	read as follows:
476	476	Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN
477	477	JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice
478	478	alternative education program is entitled to funding for a student
479	479	who is placed in the program under this subchapter in the same
480	480	manner as a juvenile justice alternative education program is
481	481	entitled to funding under Section 37.012 for a student who is
482	482	expelled and placed in a juvenile justice alternative education
483	483	program for conduct described by [for which expulsion is permitted
484	484	but not required under] Section 37.007(b) [37.007].
485	485	SECTION 13. Section 51.03(b), Family Code, is amended to
486	486	read as follows:
487	487	(b) Conduct indicating a need for supervision is:
488	488	(1) subject to Subsection (f), conduct, other than a
489	489	traffic offense, that violates:
490	490	(A) the penal laws of this state of the grade of
491	491	misdemeanor that are punishable by fine only; or
492	492	(B) the penal ordinances of any political
493	493	subdivision of this state;
494	494	(2) the voluntary absence of a child from the child's
495	495	home without the consent of the child's parent or guardian for a
496	496	substantial length of time or without intent to return;
497	497	(3) conduct prohibited by city ordinance or by state
498	498	law involving the inhalation of the fumes or vapors of paint and
499	499	other protective coatings or glue and other adhesives and the
500	500	volatile chemicals itemized in Section 485.001, Health and Safety
501	501	Code;
502	502	(4) an act that violates a school district's
503	503	previously communicated written standards of student conduct for
504	504	which the child has been expelled under Section 37.007(b)(6)
505	505	[37.007(c)], Education Code;
506	506	(5) notwithstanding Subsection (a)(1), conduct
507	507	described by Section 43.02(a) or (b), Penal Code; or
508	508	(6) notwithstanding Subsection (a)(1), conduct that
509	509	violates Section 43.261, Penal Code.
510	510	SECTION 14. This Act applies beginning with the 2023-2024
511	511	school year.
512	512	SECTION 15. This Act takes effect immediately if it
513	513	receives a vote of two-thirds of all the members elected to each
514	514	house, as provided by Section 39, Article III, Texas Constitution.
515	515	If this Act does not receive the vote necessary for immediate
516	516	effect, this Act takes effect September 1, 2023.