88R5835 MEW-F
By: Perry S.B. No. 245
A BILL TO BE ENTITLED
AN ACT
relating to discipline management and access to telehealth mental
health services in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) state curriculum and graduation requirements
adopted under Chapter 28;
(4) Chapter 37; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Section 37.002, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (b-2)
to read as follows:
(b) A teacher may remove from class a student:
(1) who has been documented by the teacher to
[repeatedly] interfere with the teacher's ability to communicate
effectively with the students in the class or with the ability of
the student's classmates to learn; or
(2) whose behavior the teacher determines is [so]
unruly, disruptive, or abusive and [that it seriously] interferes
with the teacher's ability to communicate effectively with the
students in the class or with the ability of the student's
classmates to learn.
(b-2) A teacher may remove a student from class under
Subsection (b) based on a single incident of behavior described by
Subsection (b)(1) or (2).
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. The principal may not return the student to that teacher's
class without the teacher's consent unless the committee
established under Section 37.003 determines that such placement is
the best or only alternative available and a conference in which the
teacher has been provided an opportunity to participate has been
held in accordance with Section 37.009(a). The terms of the removal
may prohibit the student from attending or participating in
school-sponsored or school-related activity.
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
consent unless the committee established under Section 37.003
determines that such placement is the best or only alternative
available and a conference in which the teacher has been provided an
opportunity to participate has been held in accordance with Section
37.009(a). If the teacher removed the student from class because
the student has engaged in prohibited conduct or the elements of any
offense listed in Section 37.006(a)(2)(B), (a)(2)(G), (a)(2)(H),
or (b), or Section 37.007(a)(1), (a)(2)(B)(i), [37.007(a)(2)(A)]
or (a)(3) [(b)(2)(C)] against the teacher or another student in the
teacher's class, the student may not be returned to the teacher's
class without the teacher's consent. The teacher may not be coerced
to consent.
SECTION 3. Section 37.0021(f), Education Code, is amended
to read as follows:
(f) For purposes of this subsection, "weapon" includes any
weapon described under Section 37.007(a)(2)(A) [37.007(a)(1)].
This section does not prevent a student's locked, unattended
confinement in an emergency situation while awaiting the arrival of
law enforcement personnel if:
(1) the student possesses a weapon; and
(2) the confinement is necessary to prevent the
student from causing bodily harm to the student or another person.
SECTION 4. Section 37.005(b), Education Code, is amended to
read as follows:
(b) A suspension under this section may not exceed five
[three] school days.
SECTION 5. Sections 37.006(a) and (b), Education Code, are
amended to read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code[, or terroristic threat under Section
22.07, Penal Code]; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code; [or]
(G) engages in conduct that contains the elements
of the offense of disorderly conduct [harassment] under Section
42.01 [42.07(a)(1), (2), (3), or (7)], Penal Code; or
(H) engages in conduct described by Section
37.002(b) and the student was previously removed from class at the
same school under that subsection for similar behavior [, against
an employee of the school district].
(b) Except as provided by Section 37.007(d), a student shall
be removed from class and placed in a disciplinary alternative
education program under Section 37.008 if the student engages in
conduct on or off of school property against any school employee
that contains the elements of the offense of:
(1) retaliation under Section 36.06, Penal Code; or
(2) harassment under Section 42.07(a)(1), (2), (3), or
(7), Penal Code[, against any school employee].
SECTION 6. Sections 37.007(a), (b), (d), and (i), Education
Code, are amended to read as follows:
(a) Except as provided by Subsection (k), a student shall be
expelled from a school if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of terroristic threat under
Section 22.07, Penal Code;
(2) while[,] on school property or while attending a
school-sponsored or school-related activity on or off of school
property:
(A) [(1)] engages in conduct that contains the
elements of the offense of unlawfully carrying weapons under
Section 46.02, Penal Code, or elements of an offense relating to
prohibited weapons under Section 46.05, Penal Code; or
(B) [(2)] engages in conduct that contains the
elements of the offense of:
(i) [(A)] aggravated assault under Section
22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
or aggravated sexual assault under Section 22.021, Penal Code;
(ii) [(B)] arson under Section 28.02, Penal
Code;
(iii) [(C)] murder under Section 19.02,
Penal Code, capital murder under Section 19.03, Penal Code, or
criminal attempt, under Section 15.01, Penal Code, to commit murder
or capital murder;
iv [(D)] indecency with a child under
Section 21.11, Penal Code;
v [(E)] aggravated kidnapping under
Section 20.04, Penal Code;
vi [(F)] aggravated robbery under Section
29.03, Penal Code;
vii [(G)] manslaughter under Section
19.04, Penal Code;
viii [(H)] criminally negligent homicide
under Section 19.05, Penal Code; or
ix [(I)] continuous sexual abuse of young
child or disabled individual under Section 21.02, Penal Code; or
(3) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property, engages in conduct that
contains the elements of an offense under Section 22.01(a)(1),
Penal Code, against a school district employee or a volunteer as
defined by Section 22.053 of this code [engages in conduct
specified by Section 37.006(a)(2)(C) or (D), if the conduct is
punishable as a felony].
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code[, or terroristic threat under Section
22.07, Penal Code];
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(C) [engages in conduct that contains the
elements of an offense under Section 22.01(a)(1), Penal Code,
against a school district employee or a volunteer as defined by
Section 22.053; or
[(D)] engages in conduct that contains the
elements of the offense of deadly conduct under Section 22.05,
Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a)(2) [(a)]; or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(B)(i) [(a)(2)(A)] or (iii)
[(C)] or the offense of aggravated robbery under Section 29.03,
Penal Code, against another student, without regard to whether the
conduct occurs on or off of school property or while attending a
school-sponsored or school-related activity on or off of school
property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
(d) A student shall be expelled if the student engages in
conduct that contains the elements of any offense listed in
Subsection (a)[, and may be expelled if the student engages in
conduct that contains the elements of any offense listed in
Subsection (b)(2)(C),] against any employee or volunteer in
retaliation for or as a result of the person's employment or
association with a school district, without regard to whether the
conduct occurs on or off of school property or while attending a
school-sponsored or school-related activity on or off of school
property.
(i) A student who engages in conduct described by Subsection
(a)(2) [(a)] may be expelled from school by the district in which
the student attends school if the student engages in that conduct:
(1) on school property of another district in this
state; or
(2) while attending a school-sponsored or
school-related activity of a school in another district in this
state.
SECTION 7. Section 37.0012, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (b-1) to
read as follows:
(a) A single person at each campus must be designated to
serve as the campus behavior coordinator. The person designated
may be the principal of the campus or any other campus administrator
selected by the principal.
(a-1) Additional school staff members may assist the campus
behavior coordinator in the performance of the campus behavior
coordinator's duties, provided that the campus behavior
coordinator personally verifies that all aspects of this subchapter
are appropriately implemented.
(b-1) The campus behavior coordinator shall:
(1) monitor disciplinary referrals;
(2) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 any
student who engages in conduct that contains the elements of:
(A) the offense of terroristic threat under
Section 22.07, Penal Code;
(B) the offense of unlawfully carrying weapons
under Section 46.02, Penal Code; or
(C) an offense relating to prohibited weapons
under Section 46.05, Penal Code; and
(3) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 and the
iWatchTexas community reporting system operated by the Department
of Public Safety any concerning student behaviors or behavioral
trends that may pose a serious risk of violence to the student or
others.
SECTION 8. Section 37.011(b), Education Code, is amended to
read as follows:
(b) If a student admitted into the public schools of a
school district under Section 25.001(b) is expelled from school for
conduct for which expulsion is required under Section 37.007(a),
(d), or (e), [or for conduct that contains the elements of the
offense of terroristic threat as described by Section 22.07(c-1),
(d), or (e), Penal Code,] the juvenile court, the juvenile board, or
the juvenile board's designee, as appropriate, shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution;
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student; and
(4) provide timely educational services to the student
in the juvenile justice alternative education program in the county
in which the student resides, regardless of the student's age or
whether the juvenile court has jurisdiction over the student.
SECTION 9. Section 37.019, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) This subchapter does not prevent the principal or the
principal's designee from ordering the immediate placement of a
student in a disciplinary alternative education program if the
principal or the principal's designee reasonably believes the
student's behavior is [so] unruly, disruptive, or abusive and [that
it seriously] interferes with a teacher's ability to communicate
effectively with the students in a class, with the ability of the
student's classmates to learn, or with the operation of school or a
school-sponsored activity.
(b-1) The principal or principal's designee may order the
emergency placement or expulsion of a student under this section
based on a single incident of behavior by the student.
SECTION 10. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.024 to read as follows:
Sec. 37.024. PENALTIES FOR IMPOSITION OF DISCIPLINARY
MEASURES PROHIBITED. The agency may not withhold any state funding
or impose a penalty on a school district based on the number of
students in the district that have been removed from a classroom,
placed into in-school or out-of-school suspension, placed in a
disciplinary alternative education program or a juvenile justice
alternative education program, or expelled.
SECTION 11. Section 37.115, Education Code, is amended by
amending Subsection (d) and adding Subsection (h-1) to read as
follows:
(d) The superintendent of the district shall ensure, to the
greatest extent practicable, that the members appointed to each
team have expertise in counseling, behavior management, mental
health and substance use, classroom instruction, special
education, school administration, school safety and security,
emergency management, and law enforcement. A team may serve more
than one campus of a school district, provided that:
(1) each district campus is assigned a team; and
(2) in serving a particular campus, the team includes
the person designated to serve as the campus behavior coordinator
under Section 37.0012 for that campus.
(h-1) After informing the superintendent of a team's
determination under Subsection (h), the team shall immediately
submit a report on the team's determination through the iWatchTexas
community reporting system operated by the Department of Public
Safety.
SECTION 12. Subchapter F, Chapter 38, Education Code, is
amended by adding Section 38.2545 to read as follows:
Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH
TELEMEDICINE. (a) In this section:
(1) "Consortium" means the Texas Child Mental Health
Consortium established under Chapter 113, Health and Safety Code.
(2) "Texas Child Health Access through Telemedicine
program" means the Texas Child Health Access through Telemedicine
program operated by the consortium.
(b) If the consortium makes available mental health
services to a school district through the Texas Child Health Access
through Telemedicine program, the district shall offer to each
student enrolled in the district access to those mental health
services.
(c) A school district may not provide a mental health
service to a student who is under 18 years of age unless the
district obtains written consent from the parent or legal guardian
of the student as required by Section 113.0152, Health and Safety
Code.
(d) A school district may not require a student to
participate in any service provided under Subsection (b).
(e) Before the beginning of each school year, the agency
shall determine at which school districts the Texas Child Health
Access through Telemedicine program is available and verify that
each of those school districts is in compliance with Subsection
(b).
SECTION 13. Section 12A.004(a), Education Code, as amended
by this Act, applies only to a local innovation plan adopted or
renewed on or after the effective date of this Act. A local
innovation plan adopted or renewed before the effective date of
this Act is governed by the law in effect on the date the plan was
adopted or renewed, and the former law is continued in effect for
that purpose.
SECTION 14. This Act applies beginning with the 2023-2024
school year.
SECTION 15. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.