Texas 2023 - 88th 3rd C.S.

Texas House Bill HB56 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bucy H.B. No. 56
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the discipline of students enrolled in certain grade
7	7	levels or receiving special education services in a public school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.0013(a), Education Code, is amended
10	10	to read as follows:
11	11	(a) Each school district and open-enrollment charter school
12	12	may develop and implement a program, in consultation with campus
13	13	behavior coordinators employed by the district or school and
14	14	representatives of a regional education service center, that
15	15	provides a disciplinary alternative for a student enrolled in a
16	16	grade level below grade six or a student with a disability receiving
17	17	special education services under Subchapter A, Chapter 29, [three]
18	18	who engages in conduct described by Section 37.005(a) and is not
19	19	subject to Section 37.005(c). The program must:
20	20	(1) be age-appropriate and research-based;
21	21	(2) provide models for positive behavior;
22	22	(3) promote a positive school environment;
23	23	(4) provide alternative disciplinary courses of
24	24	action that do not rely on the use of in-school suspension,
25	25	out-of-school suspension, or placement in a disciplinary
26	26	alternative education program to manage student behavior; and
27	27	(5) provide behavior management strategies,
28	28	including:
29	29	(A) positive behavioral intervention and
30	30	support;
31	31	(B) trauma-informed practices;
32	32	(C) social and emotional learning;
33	33	(D) a referral for services, as necessary; and
34	34	(E) restorative practices.
35	35	SECTION 2. Section 37.005(c), Education Code, is amended to
36	36	read as follows:
37	37	(c) A student who is enrolled in a grade level below grade
38	38	six [three] may not be placed in out-of-school suspension unless
39	39	while on school property or while attending a school-sponsored or
40	40	school-related activity on or off of school property, the student
41	41	engages in:
42	42	(1) conduct that contains the elements of an offense
43	43	related to weapons under Section 46.02 or 46.05, Penal Code;
44	44	(2) conduct that contains the elements of a violent
45	45	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
46	46	or
47	47	(3) selling, giving, or delivering to another person
48	48	or possessing, using, or being under the influence of any amount of:
49	49	(A) marihuana or a controlled substance, as
50	50	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
51	51	Section 801 et seq.;
52	52	(B) a dangerous drug, as defined by Chapter 483,
53	53	Health and Safety Code; or
54	54	(C) an alcoholic beverage, as defined by Section
55	55	1.04, Alcoholic Beverage Code.
56	56	SECTION 3. This Act applies beginning with the 2023-2024
57	57	school year.
58	58	SECTION 4. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect on the 91st day after the last day of the
63	63	legislative session.