| 1 | 1 | | 88R12367 JES-F |
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| 2 | 2 | | By: Raney H.B. No. 3992 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the identification of certain student behavior by a |
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| 8 | 8 | | school district's threat assessment and safe and supportive school |
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| 9 | 9 | | team. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 37.115(a), (b), and (f), Education |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Early behavior" includes behaviors, such as a |
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| 15 | 15 | | change in attendance, academic performance, or emotional response, |
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| 16 | 16 | | the exhibition of withdrawn behavior or early signs of self-harm, |
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| 17 | 17 | | problematic peer interaction, or a discipline concern, by a student |
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| 18 | 18 | | that could result in or benefit from: |
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| 19 | 19 | | (A) specific interventions, including mental |
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| 20 | 20 | | health or behavioral supports; |
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| 21 | 21 | | (B) academic support; |
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| 22 | 22 | | (C) a conference with the student's parent or |
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| 23 | 23 | | person standing in parental relation to the student; |
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| 24 | 24 | | (D) a discipline referral; or |
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| 25 | 25 | | (E) another restorative practice. |
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| 26 | 26 | | (2) [(1)] "Harmful, threatening, or violent behavior" |
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| 27 | 27 | | includes behaviors, such as verbal threats, threats of self harm, |
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| 28 | 28 | | bullying, cyberbullying, fighting, the use or possession of a |
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| 29 | 29 | | weapon, sexual assault, sexual harassment, dating violence, |
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| 30 | 30 | | stalking, or assault, by a student that could result in: |
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| 31 | 31 | | (A) specific interventions, including mental |
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| 32 | 32 | | health or behavioral supports; |
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| 33 | 33 | | (B) in-school suspension; |
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| 34 | 34 | | (C) out-of-school suspension; or |
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| 35 | 35 | | (D) the student's expulsion or removal to a |
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| 36 | 36 | | disciplinary alternative education program or a juvenile justice |
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| 37 | 37 | | alternative education program. |
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| 38 | 38 | | (3) [(2)] "Team" means a threat assessment and safe |
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| 39 | 39 | | and supportive school team established by the board of trustees of a |
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| 40 | 40 | | school district under this section. |
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| 41 | 41 | | (b) The agency, in coordination with the Texas School Safety |
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| 42 | 42 | | Center, shall adopt rules to establish a safe and supportive school |
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| 43 | 43 | | program. The rules shall incorporate research-based best practices |
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| 44 | 44 | | for school safety, including providing for: |
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| 45 | 45 | | (1) physical and psychological safety; |
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| 46 | 46 | | (2) a multiphase and multihazard approach to |
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| 47 | 47 | | prevention, mitigation, preparedness, response, and recovery in a |
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| 48 | 48 | | crisis situation; |
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| 49 | 49 | | (3) a systemic and coordinated multitiered support |
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| 50 | 50 | | system that addresses school climate, the social and emotional |
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| 51 | 51 | | domain, and behavioral and mental health; [and] |
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| 52 | 52 | | (4) multidisciplinary and multiagency collaboration |
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| 53 | 53 | | to assess risks and threats in schools and provide appropriate |
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| 54 | 54 | | interventions, including rules for the establishment and operation |
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| 55 | 55 | | of teams; and |
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| 56 | 56 | | (5) a uniform method of identifying and collecting |
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| 57 | 57 | | data regarding early behavior of a student that may require |
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| 58 | 58 | | intervention. |
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| 59 | 59 | | (f) Each team shall: |
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| 60 | 60 | | (1) conduct a threat assessment that includes: |
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| 61 | 61 | | (A) assessing and reporting individuals who make |
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| 62 | 62 | | threats of violence or exhibit harmful, threatening, or violent |
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| 63 | 63 | | behavior in accordance with the policies and procedures adopted |
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| 64 | 64 | | under Subsection (c); and |
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| 65 | 65 | | (B) gathering and analyzing data, including data |
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| 66 | 66 | | regarding the early behavior of a student, to determine the level of |
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| 67 | 67 | | risk and appropriate intervention, including: |
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| 68 | 68 | | (i) referring a student for mental health |
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| 69 | 69 | | assessment; and |
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| 70 | 70 | | (ii) implementing an escalation procedure, |
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| 71 | 71 | | if appropriate based on the team's assessment, in accordance with |
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| 72 | 72 | | district policy; |
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| 73 | 73 | | (2) provide guidance to students and school employees |
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| 74 | 74 | | on recognizing harmful, threatening, or violent behavior that may |
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| 75 | 75 | | pose a threat to the community, school, or individual; and |
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| 76 | 76 | | (3) support the district in implementing the |
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| 77 | 77 | | district's multihazard emergency operations plan. |
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| 78 | 78 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 79 | 79 | | school year. |
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| 80 | 80 | | SECTION 3. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2023. |
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