89R3157 RDR-D
By: Shaheen H.B. No. 1141
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of certain public school students and to
the repeal of the positive behavior program for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.934(d), Education Code, is amended to
read as follows:
(d) To be designated as a resource campus, the campus must:
(1) implement a targeted improvement plan as described
by Chapter 39A and establish a school community partnership team;
(2) adopt an accelerated campus excellence turnaround
plan as provided by Section 39A.105(b) except that a classroom
teacher who satisfies the requirements for demonstrated
instructional effectiveness under Section 39A.105(b)(3) must also
hold a current designation assigned under Section 21.3521;
(3) be in a school district that has adopted an
approved local optional teacher designation system under Section
21.3521;
(4) satisfy certain staff criteria by:
(A) requiring a principal or teacher employed at
the campus before the designation to apply for a position to
continue at the campus;
(B) employing only teachers who have at least
three years of teaching experience;
(C) employing at least one school counselor for
every 300 students; and
(D) employing at least one appropriately
licensed professional to assist with the social and emotional needs
of students and staff, who must be a:
(i) family and community liaison;
(ii) clinical social worker;
(iii) specialist in school psychology; or
(iv) professional counselor;
(5) [implement a positive behavior program as provided
by Section 37.0013;
[(6)] implement a family engagement plan as described
by Section 29.168;
(6) [(7)] develop and implement a plan to use high
quality instructional materials;
(7) [(8)] if the campus is an elementary campus,
operate the campus for a school year that qualifies for funding
under Section 48.0051; and
(8) [(9)] annually submit to the commissioner data and
information required by the commissioner to assess fidelity of
implementation.
SECTION 2. Section 37.005, Education Code, is amended by
amending Subsection (d) and adding Subsections (d-1) and (f) to
read as follows:
(d) A school district or open-enrollment charter school may
not place a student who is homeless in out-of-school suspension
unless the student engages in the following conduct [described by
Subsections (c)(1)-(3)] while on school property or while attending
a school-sponsored or school-related activity on or off of school
property:
(1) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(2) conduct that contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
or
(3) selling, giving, or delivering to another person
or possessing, using, or being under the influence of any amount of:
(A) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
(d-1) The campus behavior coordinator may coordinate with
the school district's homeless education liaison to identify
appropriate alternatives to out-of-school suspension for a student
who is homeless. [In this subsection, "student who is homeless"
has the meaning assigned to the term "homeless children and youths"
under 42 U.S.C. Section 11434a.]
(f) In this section, "student who is homeless" has the
meaning assigned to the term "homeless children and youths" under
42 U.S.C. Section 11434a.
SECTION 3. The following provisions of the Education Code
are repealed:
(1) Section 37.0013; and
(2) Section 37.005(c).
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. 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.