Texas 2025 - 89th Regular

Texas House Bill HB1141 Compare Versions

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11 89R3157 RDR-D
22 By: Shaheen H.B. No. 1141
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the suspension of certain public school students and to
1010 the repeal of the positive behavior program for public schools.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 29.934(d), Education Code, is amended to
1313 read as follows:
1414 (d) To be designated as a resource campus, the campus must:
1515 (1) implement a targeted improvement plan as described
1616 by Chapter 39A and establish a school community partnership team;
1717 (2) adopt an accelerated campus excellence turnaround
1818 plan as provided by Section 39A.105(b) except that a classroom
1919 teacher who satisfies the requirements for demonstrated
2020 instructional effectiveness under Section 39A.105(b)(3) must also
2121 hold a current designation assigned under Section 21.3521;
2222 (3) be in a school district that has adopted an
2323 approved local optional teacher designation system under Section
2424 21.3521;
2525 (4) satisfy certain staff criteria by:
2626 (A) requiring a principal or teacher employed at
2727 the campus before the designation to apply for a position to
2828 continue at the campus;
2929 (B) employing only teachers who have at least
3030 three years of teaching experience;
3131 (C) employing at least one school counselor for
3232 every 300 students; and
3333 (D) employing at least one appropriately
3434 licensed professional to assist with the social and emotional needs
3535 of students and staff, who must be a:
3636 (i) family and community liaison;
3737 (ii) clinical social worker;
3838 (iii) specialist in school psychology; or
3939 (iv) professional counselor;
4040 (5) [implement a positive behavior program as provided
4141 by Section 37.0013;
4242 [(6)] implement a family engagement plan as described
4343 by Section 29.168;
4444 (6) [(7)] develop and implement a plan to use high
4545 quality instructional materials;
4646 (7) [(8)] if the campus is an elementary campus,
4747 operate the campus for a school year that qualifies for funding
4848 under Section 48.0051; and
4949 (8) [(9)] annually submit to the commissioner data and
5050 information required by the commissioner to assess fidelity of
5151 implementation.
5252 SECTION 2. Section 37.005, Education Code, is amended by
5353 amending Subsection (d) and adding Subsections (d-1) and (f) to
5454 read as follows:
5555 (d) A school district or open-enrollment charter school may
5656 not place a student who is homeless in out-of-school suspension
5757 unless the student engages in the following conduct [described by
5858 Subsections (c)(1)-(3)] while on school property or while attending
5959 a school-sponsored or school-related activity on or off of school
6060 property:
6161 (1) conduct that contains the elements of an offense
6262 related to weapons under Section 46.02 or 46.05, Penal Code;
6363 (2) conduct that contains the elements of a violent
6464 offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
6565 or
6666 (3) selling, giving, or delivering to another person
6767 or possessing, using, or being under the influence of any amount of:
6868 (A) marihuana or a controlled substance, as
6969 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
7070 Section 801 et seq.;
7171 (B) a dangerous drug, as defined by Chapter 483,
7272 Health and Safety Code; or
7373 (C) an alcoholic beverage, as defined by Section
7474 1.04, Alcoholic Beverage Code.
7575 (d-1) The campus behavior coordinator may coordinate with
7676 the school district's homeless education liaison to identify
7777 appropriate alternatives to out-of-school suspension for a student
7878 who is homeless. [In this subsection, "student who is homeless"
7979 has the meaning assigned to the term "homeless children and youths"
8080 under 42 U.S.C. Section 11434a.]
8181 (f) In this section, "student who is homeless" has the
8282 meaning assigned to the term "homeless children and youths" under
8383 42 U.S.C. Section 11434a.
8484 SECTION 3. The following provisions of the Education Code
8585 are repealed:
8686 (1) Section 37.0013; and
8787 (2) Section 37.005(c).
8888 SECTION 4. This Act applies beginning with the 2025-2026
8989 school year.
9090 SECTION 5. This Act takes effect immediately if it receives
9191 a vote of two-thirds of all the members elected to each house, as
9292 provided by Section 39, Article III, Texas Constitution. If this
9393 Act does not receive the vote necessary for immediate effect, this
9494 Act takes effect September 1, 2025.