Texas 2025 - 89th Regular

Texas House Bill HB458 Compare Versions

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

Old	New	Differences
1	1	89R1504 AMF-F
2	2	By: Bucy H.B. No. 458
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the discipline of students enrolled in certain grade
10	10	levels or receiving special education services in a public school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.0013(a), Education Code, is amended
13	13	to read as follows:
14	14	(a) Each school district and open-enrollment charter school
15	15	may develop and implement a program, in consultation with campus
16	16	behavior coordinators employed by the district or school and
17	17	representatives of a regional education service center, that
18	18	provides a disciplinary alternative for a student enrolled in a
19	19	grade level below grade six or a student receiving special
20	20	education services under Subchapter A, Chapter 29, [three] who
21	21	engages in conduct described by Section 37.005(a) and is not
22	22	subject to Section 37.005(c). The program must:
23	23	(1) be age-appropriate and research-based;
24	24	(2) provide models for positive behavior;
25	25	(3) promote a positive school environment;
26	26	(4) provide alternative disciplinary courses of
27	27	action that do not rely on the use of in-school suspension,
28	28	out-of-school suspension, or placement in a disciplinary
29	29	alternative education program to manage student behavior; and
30	30	(5) provide behavior management strategies,
31	31	including:
32	32	(A) positive behavioral intervention and
33	33	support;
34	34	(B) trauma-informed practices;
35	35	(C) social and emotional learning;
36	36	(D) a referral for services, as necessary; and
37	37	(E) restorative practices.
38	38	SECTION 2. Section 37.005(c), Education Code, is amended to
39	39	read as follows:
40	40	(c) A student who is enrolled in a grade level below grade
41	41	six [three] may not be placed in out-of-school suspension unless
42	42	while on school property or while attending a school-sponsored or
43	43	school-related activity on or off of school property, the student
44	44	engages in:
45	45	(1) conduct that contains the elements of an offense
46	46	related to weapons under Section 46.02 or 46.05, Penal Code;
47	47	(2) conduct that contains the elements of a violent
48	48	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
49	49	or
50	50	(3) selling, giving, or delivering to another person
51	51	or possessing, using, or being under the influence of any amount of:
52	52	(A) marihuana or a controlled substance, as
53	53	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
54	54	Section 801 et seq.;
55	55	(B) a dangerous drug, as defined by Chapter 483,
56	56	Health and Safety Code; or
57	57	(C) an alcoholic beverage, as defined by Section
58	58	1.04, Alcoholic Beverage Code.
59	59	SECTION 3. This Act applies beginning with the 2025-2026
60	60	school year.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2025.