By: Curry H.B. No. 1081
A BILL TO BE ENTITLED
AN ACT
relating to the placement by a school district of a student who
engages in a course of conduct that demonstrates habitually
violent, harmful, or destructive behavior.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.025 to read as follows:
Sec. 37.025. EDUCATIONAL SETTING FOR STUDENTS WHO ENGAGE IN
COURSE OF CONDUCT DEMONSTRATING HABITUALLY VIOLENT, HARMFUL, OR
DESTRUCTIVE BEHAVIOR. (a) In this section, "habitually violent,
harmful, or destructive behavior" means a demonstration of
behavior, such as assault, that results in:
(1) injury or harm to a student or school district
teacher, employee, or other staff member; or
(2) damage to school district property.
(b) A school district may:
(1) for a prescribed period determined by the
district, place a student who engages in a course of conduct
demonstrating habitually violent, harmful, or destructive behavior
in a virtual setting and provide virtual instruction and
instructional materials for remote learning to the student;
(2) consult with local and state law enforcement
agencies to determine whether a student's course of conduct
described by Subdivision (1) poses a legitimate ongoing threat to
cause:
(A) injury or harm to a student or school
district teacher, employee, or other staff member in the general
education setting; or
(B) damage to school district property;
(3) establish certain conditions that a student or a
student's parent or person standing in parental relation to the
student must fulfill to allow a student placed in a virtual setting
to return to an alternative, general, or hybrid educational
setting, including conditions that require:
(A) the student or the student's parent or person
standing in parental relation to the student to provide evidence
that the student has undergone a medical or mental health
evaluation; or
(B) other reasonable steps designed to help the
district determine whether the student continues to pose a threat
to cause:
(i) injury or harm to a student or school
district teacher, employee, or other staff member; or
(ii) damage to school district property;
and
(4) if a student receives special education services
under Subchapter A, Chapter 29, or is receiving accommodations
under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
794), and has been determined to pose an ongoing threat to the
physical safety of students or school district teachers, employees,
or other staff members or to the destruction of school district
property, require the student's admission, review, and dismissal
committee or team established under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), as applicable, to meet to determine
an appropriate educational setting for the student, in accordance
with Section 37.004 and federal law and regulations, to ensure the
student receives a free appropriate public education as required
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.).
(c) If the admission, review, and dismissal committee of a
student who engages in a course of conduct described by Subsection
(b) determines under Subsection (b)(4) that the least restrictive
environment for the student is a remote, therapeutic, or
residential placement, the district is entitled to receive from the
state reimbursement for expenses and appropriate funding for the
provision of services to that student.
(d) A student placed in virtual instruction under
Subsection (b)(1) shall be counted toward the school district's
enrollment and average daily attendance in the same manner as other
district students. The commissioner shall adopt rules providing
for a method of taking attendance for students placed in virtual
instruction under Subsection (b)(1).
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. 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, 2025.