| 1 | 1 | | 88R1876 MEW-D |
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| 2 | 2 | | By: Allison H.B. No. 655 |
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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 placement by a school district of a student who |
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| 8 | 8 | | engages in habitually violent behavior. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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| 11 | 11 | | amended by adding Section 37.024 to read as follows: |
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| 12 | 12 | | Sec. 37.024. EDUCATIONAL SETTING FOR STUDENTS WHO ENGAGE IN |
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| 13 | 13 | | HABITUALLY VIOLENT BEHAVIOR. (a) In this section, "habitually |
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| 14 | 14 | | violent behavior" means a pattern of violent behavior, such as |
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| 15 | 15 | | assault or behavior that results in the hospitalization of a |
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| 16 | 16 | | student or school district staff member, that causes more than one |
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| 17 | 17 | | incident within a grading period during a school year. |
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| 18 | 18 | | (b) A school district may: |
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| 19 | 19 | | (1) for a prescribed period determined by the |
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| 20 | 20 | | district, place a student who engages in habitually violent |
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| 21 | 21 | | behavior towards other students and district staff in a virtual |
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| 22 | 22 | | setting and provide virtual instruction and instructional |
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| 23 | 23 | | materials for remote learning to the student; |
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| 24 | 24 | | (2) consult with local and state law enforcement |
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| 25 | 25 | | agencies to determine whether a student's habitually violent |
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| 26 | 26 | | behavior poses a legitimate ongoing threat to students and district |
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| 27 | 27 | | staff in the general education setting; |
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| 28 | 28 | | (3) establish certain conditions that a student or a |
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| 29 | 29 | | student's parent or person standing in parental relation to the |
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| 30 | 30 | | student must fulfill to allow a student placed in a virtual setting |
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| 31 | 31 | | to return to an alternative, general, or hybrid educational |
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| 32 | 32 | | setting, including conditions that require: |
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| 33 | 33 | | (A) the student or the student's parent or person |
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| 34 | 34 | | standing in parental relation to the student to provide evidence |
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| 35 | 35 | | that the student has undergone a medical or mental health |
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| 36 | 36 | | evaluation; or |
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| 37 | 37 | | (B) other reasonable steps designed to help the |
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| 38 | 38 | | district determine whether the student continues to pose a threat |
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| 39 | 39 | | to students and district staff; and |
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| 40 | 40 | | (4) if a student receives special education services |
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| 41 | 41 | | under Subchapter A, Chapter 29, or is receiving accommodations |
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| 42 | 42 | | under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section |
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| 43 | 43 | | 794), and has been determined to pose an ongoing threat to the |
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| 44 | 44 | | physical safety of students and district staff, require the |
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| 45 | 45 | | student's admission, review, and dismissal committee or team |
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| 46 | 46 | | established under Section 504, Rehabilitation Act of 1973 (29 |
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| 47 | 47 | | U.S.C. Section 794), as applicable, to meet to determine an |
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| 48 | 48 | | appropriate educational setting for the student, in accordance with |
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| 49 | 49 | | Section 37.004 and federal law and regulations, to ensure the |
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| 50 | 50 | | student receives a free appropriate public education as required |
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| 51 | 51 | | under the Individuals with Disabilities Education Act (20 U.S.C. |
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| 52 | 52 | | Section 1400 et seq.). |
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| 53 | 53 | | (c) If the admission, review, and dismissal committee of a |
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| 54 | 54 | | student who engages in habitually violent behavior determines under |
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| 55 | 55 | | Subsection (b)(4) that the least restrictive environment for the |
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| 56 | 56 | | student is a remote, therapeutic, or residential placement, the |
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| 57 | 57 | | district is entitled to receive from the state reimbursement for |
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| 58 | 58 | | past expenses and appropriate funding for future expenses for the |
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| 59 | 59 | | provision of services to that student. |
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| 60 | 60 | | (d) A student placed in virtual instruction under |
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| 61 | 61 | | Subsection (b)(1) shall be counted toward the school district's |
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| 62 | 62 | | average daily attendance in the same manner as other district |
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| 63 | 63 | | students. The commissioner shall adopt rules providing for a |
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| 64 | 64 | | method of taking attendance for students placed in virtual |
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| 65 | 65 | | instruction under Subsection (b)(1). |
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| 66 | 66 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 67 | 67 | | school year. |
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| 68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2023. |
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