Texas 2025 - 89th Regular

Texas House Bill HB1081 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Curry H.B. No. 1081
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the placement by a school district of a student who
9	9	engages in a course of conduct that demonstrates habitually
10	10	violent, harmful, or destructive behavior.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 37, Education Code, is
13	13	amended by adding Section 37.025 to read as follows:
14	14	Sec. 37.025. EDUCATIONAL SETTING FOR STUDENTS WHO ENGAGE IN
15	15	COURSE OF CONDUCT DEMONSTRATING HABITUALLY VIOLENT, HARMFUL, OR
16	16	DESTRUCTIVE BEHAVIOR. (a) In this section, "habitually violent,
17	17	harmful, or destructive behavior" means a demonstration of
18	18	behavior, such as assault, that results in:
19	19	(1) injury or harm to a student or school district
20	20	teacher, employee, or other staff member; or
21	21	(2) damage to school district property.
22	22	(b) A school district may:
23	23	(1) for a prescribed period determined by the
24	24	district, place a student who engages in a course of conduct
25	25	demonstrating habitually violent, harmful, or destructive behavior
26	26	in a virtual setting and provide virtual instruction and
27	27	instructional materials for remote learning to the student;
28	28	(2) consult with local and state law enforcement
29	29	agencies to determine whether a student's course of conduct
30	30	described by Subdivision (1) poses a legitimate ongoing threat to
31	31	cause:
32	32	(A) injury or harm to a student or school
33	33	district teacher, employee, or other staff member in the general
34	34	education setting; or
35	35	(B) damage to school district property;
36	36	(3) establish certain conditions that a student or a
37	37	student's parent or person standing in parental relation to the
38	38	student must fulfill to allow a student placed in a virtual setting
39	39	to return to an alternative, general, or hybrid educational
40	40	setting, including conditions that require:
41	41	(A) the student or the student's parent or person
42	42	standing in parental relation to the student to provide evidence
43	43	that the student has undergone a medical or mental health
44	44	evaluation; or
45	45	(B) other reasonable steps designed to help the
46	46	district determine whether the student continues to pose a threat
47	47	to cause:
48	48	(i) injury or harm to a student or school
49	49	district teacher, employee, or other staff member; or
50	50	(ii) damage to school district property;
51	51	and
52	52	(4) if a student receives special education services
53	53	under Subchapter A, Chapter 29, or is receiving accommodations
54	54	under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
55	55	794), and has been determined to pose an ongoing threat to the
56	56	physical safety of students or school district teachers, employees,
57	57	or other staff members or to the destruction of school district
58	58	property, require the student's admission, review, and dismissal
59	59	committee or team established under Section 504, Rehabilitation Act
60	60	of 1973 (29 U.S.C. Section 794), as applicable, to meet to determine
61	61	an appropriate educational setting for the student, in accordance
62	62	with Section 37.004 and federal law and regulations, to ensure the
63	63	student receives a free appropriate public education as required
64	64	under the Individuals with Disabilities Education Act (20 U.S.C.
65	65	Section 1400 et seq.).
66	66	(c) If the admission, review, and dismissal committee of a
67	67	student who engages in a course of conduct described by Subsection
68	68	(b) determines under Subsection (b)(4) that the least restrictive
69	69	environment for the student is a remote, therapeutic, or
70	70	residential placement, the district is entitled to receive from the
71	71	state reimbursement for expenses and appropriate funding for the
72	72	provision of services to that student.
73	73	(d) A student placed in virtual instruction under
74	74	Subsection (b)(1) shall be counted toward the school district's
75	75	enrollment and average daily attendance in the same manner as other
76	76	district students. The commissioner shall adopt rules providing
77	77	for a method of taking attendance for students placed in virtual
78	78	instruction under Subsection (b)(1).
79	79	SECTION 2. This Act applies beginning with the 2025-2026
80	80	school year.
81	81	SECTION 3. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2025.