Texas 2023 - 88th Regular

Texas House Bill HB3760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12147 AMF-F
2	2	By: Bucy H.B. No. 3760
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the discipline of students enrolled in certain grade
8	8	levels or receiving special education services in a public school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.0013(a), Education Code, is amended
11	11	to read as follows:
12	12	(a) Each school district and open-enrollment charter school
13	13	may develop and implement a program, in consultation with campus
14	14	behavior coordinators employed by the district or school and
15	15	representatives of a regional education service center, that
16	16	provides a disciplinary alternative for a student enrolled in a
17	17	grade level below grade six or a student with a disability receiving
18	18	special education services under Subchapter A, Chapter 29, [three]
19	19	who engages in conduct described by Section 37.005(a) and is not
20	20	subject to Section 37.005(c). The program must:
21	21	(1) be age-appropriate and research-based;
22	22	(2) provide models for positive behavior;
23	23	(3) promote a positive school environment;
24	24	(4) provide alternative disciplinary courses of
25	25	action that do not rely on the use of in-school suspension,
26	26	out-of-school suspension, or placement in a disciplinary
27	27	alternative education program to manage student behavior; and
28	28	(5) provide behavior management strategies,
29	29	including:
30	30	(A) positive behavioral intervention and
31	31	support;
32	32	(B) trauma-informed practices;
33	33	(C) social and emotional learning;
34	34	(D) a referral for services, as necessary; and
35	35	(E) restorative practices.
36	36	SECTION 2. Section 37.005(c), Education Code, is amended to
37	37	read as follows:
38	38	(c) A student who is enrolled in a grade level below grade
39	39	six [three] may not be placed in out-of-school suspension unless
40	40	while on school property or while attending a school-sponsored or
41	41	school-related activity on or off of school property, the student
42	42	engages in:
43	43	(1) conduct that contains the elements of an offense
44	44	related to weapons under Section 46.02 or 46.05, Penal Code;
45	45	(2) conduct that contains the elements of a violent
46	46	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
47	47	or
48	48	(3) selling, giving, or delivering to another person
49	49	or possessing, using, or being under the influence of any amount of:
50	50	(A) marihuana or a controlled substance, as
51	51	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
52	52	Section 801 et seq.;
53	53	(B) a dangerous drug, as defined by Chapter 483,
54	54	Health and Safety Code; or
55	55	(C) an alcoholic beverage, as defined by Section
56	56	1.04, Alcoholic Beverage Code.
57	57	SECTION 3. This Act applies beginning with the 2023-2024
58	58	school year.
59	59	SECTION 4. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2023.