1 | 1 | | 89R3157 RDR-D |
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2 | 2 | | By: Shaheen H.B. No. 1141 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the suspension of certain public school students and to |
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10 | 10 | | the repeal of the positive behavior program for public schools. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 29.934(d), Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (d) To be designated as a resource campus, the campus must: |
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15 | 15 | | (1) implement a targeted improvement plan as described |
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16 | 16 | | by Chapter 39A and establish a school community partnership team; |
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17 | 17 | | (2) adopt an accelerated campus excellence turnaround |
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18 | 18 | | plan as provided by Section 39A.105(b) except that a classroom |
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19 | 19 | | teacher who satisfies the requirements for demonstrated |
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20 | 20 | | instructional effectiveness under Section 39A.105(b)(3) must also |
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21 | 21 | | hold a current designation assigned under Section 21.3521; |
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22 | 22 | | (3) be in a school district that has adopted an |
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23 | 23 | | approved local optional teacher designation system under Section |
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24 | 24 | | 21.3521; |
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25 | 25 | | (4) satisfy certain staff criteria by: |
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26 | 26 | | (A) requiring a principal or teacher employed at |
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27 | 27 | | the campus before the designation to apply for a position to |
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28 | 28 | | continue at the campus; |
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29 | 29 | | (B) employing only teachers who have at least |
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30 | 30 | | three years of teaching experience; |
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31 | 31 | | (C) employing at least one school counselor for |
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32 | 32 | | every 300 students; and |
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33 | 33 | | (D) employing at least one appropriately |
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34 | 34 | | licensed professional to assist with the social and emotional needs |
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35 | 35 | | of students and staff, who must be a: |
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36 | 36 | | (i) family and community liaison; |
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37 | 37 | | (ii) clinical social worker; |
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38 | 38 | | (iii) specialist in school psychology; or |
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39 | 39 | | (iv) professional counselor; |
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40 | 40 | | (5) [implement a positive behavior program as provided |
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41 | 41 | | by Section 37.0013; |
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42 | 42 | | [(6)] implement a family engagement plan as described |
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43 | 43 | | by Section 29.168; |
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44 | 44 | | (6) [(7)] develop and implement a plan to use high |
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45 | 45 | | quality instructional materials; |
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46 | 46 | | (7) [(8)] if the campus is an elementary campus, |
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47 | 47 | | operate the campus for a school year that qualifies for funding |
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48 | 48 | | under Section 48.0051; and |
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49 | 49 | | (8) [(9)] annually submit to the commissioner data and |
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50 | 50 | | information required by the commissioner to assess fidelity of |
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51 | 51 | | implementation. |
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52 | 52 | | SECTION 2. Section 37.005, Education Code, is amended by |
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53 | 53 | | amending Subsection (d) and adding Subsections (d-1) and (f) to |
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54 | 54 | | read as follows: |
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55 | 55 | | (d) A school district or open-enrollment charter school may |
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56 | 56 | | not place a student who is homeless in out-of-school suspension |
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57 | 57 | | unless the student engages in the following conduct [described by |
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58 | 58 | | Subsections (c)(1)-(3)] while on school property or while attending |
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59 | 59 | | a school-sponsored or school-related activity on or off of school |
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60 | 60 | | property: |
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61 | 61 | | (1) conduct that contains the elements of an offense |
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62 | 62 | | related to weapons under Section 46.02 or 46.05, Penal Code; |
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63 | 63 | | (2) conduct that contains the elements of a violent |
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64 | 64 | | offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; |
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65 | 65 | | or |
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66 | 66 | | (3) selling, giving, or delivering to another person |
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67 | 67 | | or possessing, using, or being under the influence of any amount of: |
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68 | 68 | | (A) marihuana or a controlled substance, as |
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69 | 69 | | defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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70 | 70 | | Section 801 et seq.; |
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71 | 71 | | (B) a dangerous drug, as defined by Chapter 483, |
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72 | 72 | | Health and Safety Code; or |
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73 | 73 | | (C) an alcoholic beverage, as defined by Section |
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74 | 74 | | 1.04, Alcoholic Beverage Code. |
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75 | 75 | | (d-1) The campus behavior coordinator may coordinate with |
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76 | 76 | | the school district's homeless education liaison to identify |
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77 | 77 | | appropriate alternatives to out-of-school suspension for a student |
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78 | 78 | | who is homeless. [In this subsection, "student who is homeless" |
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79 | 79 | | has the meaning assigned to the term "homeless children and youths" |
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80 | 80 | | under 42 U.S.C. Section 11434a.] |
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81 | 81 | | (f) In this section, "student who is homeless" has the |
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82 | 82 | | meaning assigned to the term "homeless children and youths" under |
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83 | 83 | | 42 U.S.C. Section 11434a. |
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84 | 84 | | SECTION 3. The following provisions of the Education Code |
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85 | 85 | | are repealed: |
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86 | 86 | | (1) Section 37.0013; and |
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87 | 87 | | (2) Section 37.005(c). |
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88 | 88 | | SECTION 4. This Act applies beginning with the 2025-2026 |
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89 | 89 | | school year. |
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90 | 90 | | SECTION 5. This Act takes effect immediately if it receives |
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91 | 91 | | a vote of two-thirds of all the members elected to each house, as |
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92 | 92 | | provided by Section 39, Article III, Texas Constitution. If this |
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93 | 93 | | Act does not receive the vote necessary for immediate effect, this |
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94 | 94 | | Act takes effect September 1, 2025. |
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