Texas 2025 - 89th Regular

Texas House Bill HB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~By: Leach, Harris, Buckley, Metcalf, Hull, H.B. No. 6~~
2		-	et al.
3		-
4		-
	1	+	89R21683 BCH-D
	2	+	By: Leach, Harris, Buckley, Metcalf, et al. H.B. No. 6
	3	+	Substitute the following for H.B. No. 6:
	4	+	By: Buckley C.S.H.B. No. 6
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to discipline in public schools.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Section 12.111, Education Code, is amended by
12	12		amending Subsection (a) and adding Subsection (a-1) to read as
13	13		follows:
14	14		(a) Each charter granted under this subchapter must:
15	15		(1) describe the educational program to be offered,
16	16		which must include the required curriculum as provided by Section
17	17		28.002;
18	18		(2) provide that continuation of the charter is
19	19		contingent on the status of the charter as determined under Section
20	20		12.1141 or 12.115 or under Chapter 39A;
21	21		(3) specify the academic, operational, and financial
22	22		performance expectations by which a school operating under the
23	23		charter will be evaluated, which must include applicable elements
24	24		of the performance frameworks adopted under Section 12.1181;
25	25		(4) specify:
26	26		(A) any basis, in addition to a basis specified
27	27		by this subchapter or Chapter 39A, on which the charter may be
28	28		revoked, renewal of the charter may be denied, or the charter may be
29	29		allowed to expire; and
30	30		(B) the standards for evaluation of a school
31	31		operating under the charter for purposes of charter renewal, denial
32	32		of renewal, expiration, revocation, or other intervention in
33	33		accordance with Section 12.1141 or 12.115 or Chapter 39A, as
34	34		applicable;
35	35		(5) prohibit discrimination in admission policy on the
36	36		basis of sex, national origin, ethnicity, religion, disability,
37		-	academic, artistic, or athletic ability, or the ~~district the child~~
38		-	would otherwise attend in accordance with this ~~code, although the~~
39		-	charter may:
40		-	(A) provide for the exclusion of a student who:
41		-	~~(i) has engaged in conduct outlined in~~
42		-	~~Section 37.006 related to placement~~ in a disciplinary alternative
	37	+	discipline history, academic, artistic, or athletic ability, or the
	38	+	district the child would otherwise attend in accordance with this
	39	+	code, although the charter may:
	40	+	(A) provide for the exclusion of a student who is
	41	+	currently:
	42	+	(i) placed in a disciplinary alternative
43	43		education program or a juvenile justice alternative education
44		-	program;
45		-	(ii) has engaged in conduct outlined in
46		-	Section 37.007 related to expulsion; or
47		-	(iii) has been convicted of a criminal
48		-	offense or has a juvenile court adjudication [has a documented
	44	+	program; or
	45	+	(ii) subject to an order of expulsion from a
	46	+	school district or open-enrollment charter school [has a documented
49	47		history of a criminal offense, a juvenile court adjudication, or
50	48		discipline problems under Subchapter A, Chapter 37]; and
51	49		(B) provide for an admission policy that requires
52	50		a student to demonstrate artistic ability if the school specializes
53	51		in performing arts;
54	52		(6) specify the grade levels to be offered;
55	53		(7) describe the governing structure of the program,
56	54		including:
57	55		(A) the officer positions designated;
58	56		(B) the manner in which officers are selected and
59	57		removed from office;
60	58		(C) the manner in which members of the governing
61	59		body of the school are selected and removed from office;
62	60		(D) the manner in which vacancies on that
63	61		governing body are filled;
64	62		(E) the term for which members of that governing
65	63		body serve; and
66	64		(F) whether the terms are to be staggered;
67	65		(8) specify the powers or duties of the governing body
68	66		of the school that the governing body may delegate to an officer;
69	67		(9) specify the manner in which the school will
70	68		distribute to parents information related to the qualifications of
71	69		each professional employee of the program, including any
72	70		professional or educational degree held by each employee, a
73	71		statement of any certification under Subchapter B, Chapter 21, held
74	72		by each employee, and any relevant experience of each employee;
75	73		(10) describe the process by which the person
76	74		providing the program will adopt an annual budget;
77	75		(11) describe the manner in which an annual audit of
78	76		the financial and programmatic operations of the program is to be
79	77		conducted, including the manner in which the person providing the
80	78		program will provide information necessary for the school district
81	79		in which the program is located to participate, as required by this
82	80		code or by commissioner rule, in the Public Education Information
83	81		Management System (PEIMS);
84	82		(12) describe the facilities to be used;
85	83		(13) describe the geographical area served by the
86	84		program;
87	85		(14) specify any type of enrollment criteria to be
88	86		used;
89	87		(15) provide information, as determined by the
90	88		commissioner, relating to any management company that will provide
91	89		management services to a school operating under the charter; and
92	90		(16) specify that the governing body of an
93	91		open-enrollment charter school accepts and may not delegate
94	92		ultimate responsibility for the school, including the school's
95	93		academic performance and financial and operational viability, and
96	94		is responsible for overseeing any management company providing
97	95		management services for the school and for holding the management
98	96		company accountable for the school's performance.
99	97		(a-1) Notwithstanding Subsection (a)(5), a charter granted
100	98		under this subchapter may provide for the exclusion of a student
101	99		from an open-enrollment charter school campus that includes a
102	100		child-care facility based on the student's conviction for a
103	101		criminal offense that would preclude the student from being
104	102		admitted to a school district campus that includes a child-care
105	103		facility.
106		-	SECTION 2. Section 29.041(3), Education Code, is amended to
107		-	read as follows:
108		-	(3) "Supplemental special education services" means
109		-	an additive service that provides an educational benefit to a
110		-	student receiving special education services under Subchapter A,
111		-	including:
112		-	(A) occupational therapy, physical therapy, and
113		-	speech therapy; [and]
114		-	(B) private tutoring and other supplemental
115		-	private instruction or programs; and
116		-	(C) crisis prevention and intervention training
117		-	for the student's parent or person standing in parental relation to
118		-	the student.
119		-	SECTION 3. Section 37.001(b-1), Education Code, is amended
120		-	to read as follows:
121		-	(b-1) The methods adopted under Subsection (a)(8) must
122		-	provide that a student who is enrolled in a special education
123		-	program under Subchapter A, Chapter 29, may not be disciplined in a
124		-	manner that results in a change in the student's educational
125		-	placement for conduct prohibited in accordance with Subsection
126		-	(a)(7) until an admission, review, and dismissal committee meeting
127		-	has been held to review the conduct.
128		-	SECTION 4. Section 37.002, Education Code, is amended by
129		-	adding Subsection (b-2) to read as follows:
130		-	(b-2) After removal of a student from the classroom under
131		-	this section, on the student's return to the classroom the teacher
132		-	shall:
133		-	(1) employ appropriate classroom management
134		-	techniques that can reasonably be expected to improve the student's
135		-	behavior; and
136		-	(2) document the student's behavior the teacher
137		-	determines either:
138		-	(A) repeatedly interferes with the teacher's
139		-	ability to communicate effectively with the students in the class
140		-	or with the ability of the student's classmates to learn; or
141		-	(B) is so unruly, disruptive, or abusive it
142		-	seriously interferes with the teacher's ability to communicate
143		-	effectively with the students in the class or with the ability of
144		-	the student's classmates to learn.
145		-	SECTION 5. Section 37.005, Education Code, is amended by
	104	+	SECTION 2. Section 37.005, Education Code, is amended by
146	105		amending Subsections (a), (b), (c), and (d) and adding Subsection
147		-	(c-2) to read as follows:
	106	+	(c-1) to read as follows:
148	107		(a) The principal or other appropriate administrator may
149	108		suspend a student who engages in conduct identified in the student
150	109		code of conduct adopted under Section 37.001 as conduct for which a
151	110		student may be subject to an in-school or out-of-school suspension
152	111		[suspended].
153	112		(b) An out-of-school [A] suspension under this section may
154	113		not exceed three school days. An in-school suspension under this
155	114		section may not exceed 10 school days.
156	115		(c) A student who is enrolled in a grade level below grade
157	116		three may not be placed in out-of-school suspension unless while on
158	117		school property or while attending a school-sponsored or
159	118		school-related activity on or off of school property, the student
160	119		engages in:
161	120		(1) conduct that contains the elements of an offense
162	121		related to weapons under Section 46.02 or 46.05, Penal Code;
163	122		(2) conduct that threatens the immediate health and
164	123		safety of other students in the classroom;
165	124		(3) conduct that results in repeated or significant
166	125		disruption to the classroom, as determined by the campus
167	126		administrator in agreement with the classroom teacher [contains the
168	127		elements of a violent offense under Section 22.01, 22.011, 22.02,
169	128		or 22.021, Penal Code]; or
170	129		(4) [(3)] selling, giving, or delivering to another
171	130		person or possessing, using, or being under the influence of any
172	131		amount of:
173	132		(A) marihuana or a controlled substance, as
174	133		defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
175	134		Section 801 et seq.;
176	135		(B) a dangerous drug, as defined by Chapter 483,
177	136		Health and Safety Code; or
178	137		(C) an alcoholic beverage, as defined by Section
179	138		1.04, Alcoholic Beverage Code.
180		-	(c-2) On receiving a written request from the student's
181		-	parent or person standing in parental relation to the student, the
182		-	campus administrator or district designee may at the
183		-	administrator's or designee's sole discretion reassign a student
184		-	placed in out-of-school suspension under Subsection (c) to an
185		-	in-school suspension for a period, notwithstanding Subsection (b),
186		-	not to exceed 15 school days if the student's parent or person
187		-	standing in parental relation to the student demonstrates through
188		-	supporting information and documentation that the parent or person
189		-	is unable to provide suitable supervision for the student during
190		-	school hours during the period of the suspension. The alternative
191		-	placement provided by this section may be used only in extenuating
192		-	circumstances and may not be used as a routine replacement for
193		-	out-of-school suspension. The school district shall maintain
194		-	documentation of each reassignment under this subsection,
195		-	including the parent's or person's request, the reason for the
196		-	parent's or person's unavailability, and the supporting information
197		-	and documentation.
	139	+	(c-1) After removal of a student from the classroom under
	140	+	Section 37.002, on the student's return to the classroom the
	141	+	teacher shall:
	142	+	(1) employ appropriate classroom management
	143	+	techniques that can reasonably be expected to improve the student's
	144	+	behavior; and
	145	+	(2) document the student's behavior the teacher
	146	+	determines either:
	147	+	(A) repeatedly interferes with the teacher's
	148	+	ability to communicate effectively with the students in the class
	149	+	or with the ability of the student's classmates to learn; or
	150	+	(B) is so unruly, disruptive, or abusive it
	151	+	seriously interferes with the teacher's ability to communicate
	152	+	effectively with the students in the class or with the ability of
	153	+	the student's classmates to learn.
198	154		(d) A school district or open-enrollment charter school may
199	155		not place a student who is homeless in out-of-school suspension
200	156		unless the student engages in conduct described by Subsections
201	157		(c)(1)-(4) [(c)(1)-(3)] while on school property or while attending
202	158		a school-sponsored or school-related activity on or off of school
203	159		property. The campus behavior coordinator may coordinate with the
204	160		school district's homeless education liaison to identify
205	161		appropriate alternatives to out-of-school suspension for a student
206	162		who is homeless. In this subsection, "student who is homeless" has
207	163		the meaning assigned to the term "homeless children and youths"
208	164		under 42 U.S.C. Section 11434a.
209		-	SECTION 6. Section 37.006, Education Code, is amended by
210		-	amending Subsections (a) and (c) and adding Subsection (a-1) to
211		-	read as follows:
	165	+	SECTION 3. Sections 37.006(a) and (c), Education Code, are
	166	+	amended to read as follows:
212	167		(a) Subject to the requirements of Section 37.009(a), a
213	168		student shall be removed from class and placed in a disciplinary
214	169		alternative education program as provided by Section 37.008 if the
215	170		student:
216	171		(1) engages in conduct involving a public school that
217	172		contains the elements of the offense of false alarm or report under
218	173		Section 42.06, Penal Code, or terroristic threat under Section
219	174		22.07, Penal Code; or
220	175		(2) commits the following on or within 300 feet of
221	176		school property, as measured from any point on the school's real
222	177		property boundary line, or while attending a school-sponsored or
223	178		school-related activity on or off of school property:
224	179		(A) except as provided by Section 37.007(a),
225	180		engages in conduct punishable as a felony;
226	181		(B) engages in conduct that contains the elements
227	182		of the offense of assault under Section 22.01(a)(1), Penal Code;
228	183		(C) except as provided by Section 37.007(a)(3),
229	184		sells, gives, or delivers to another person or possesses or uses or
230	185		is under the influence of:
231	186		(i) a controlled substance, as defined by
232	187		Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
233	188		seq., excluding marihuana, as defined by Section 481.002, Health
234	189		and Safety Code, or tetrahydrocannabinol, as defined by rule
235	190		adopted under Section 481.003 of that code; or
236	191		(ii) a dangerous drug, as defined by
237	192		Chapter 483, Health and Safety Code;
238	193		(C-1) possesses, uses, or is under the influence
239	194		of, or sells, gives, or delivers to another person marihuana, as
240	195		defined by Section 481.002, Health and Safety Code, or
241	196		tetrahydrocannabinol, as defined by rule adopted under Section
242	197		481.003 of that code;
243	198		[(C-2) possesses, uses, sells, gives, or
244	199		delivers to another person an e-cigarette, as defined by Section
245	200		161.081, Health and Safety Code;]
246	201		(D) sells, gives, or delivers to another person
247	202		an alcoholic beverage, as defined by Section 1.04, Alcoholic
248	203		Beverage Code, commits a serious act or offense while under the
249	204		influence of alcohol, or possesses, uses, or is under the influence
250	205		of an alcoholic beverage;
251	206		(E) engages in conduct that contains the elements
252	207		of an offense relating to an abusable volatile chemical under
253	208		Sections 485.031 through 485.034, Health and Safety Code;
254	209		(F) engages in conduct that contains the elements
255	210		of the offense of public lewdness under Section 21.07, Penal Code,
256	211		or indecent exposure under Section 21.08, Penal Code; or
257	212		(G) engages in conduct that contains the elements
258	213		of the offense of harassment under Section 42.07(a)(1), (2), (3),
259	214		or (7), Penal Code, against an employee of the school district.
260		-	(a-1) Subject to the requirements of Section 37.009(a), a
261		-	student shall be removed from class and placed in a disciplinary
262		-	alternative education program as provided by Section 37.008 for a
263		-	period of not less than 30 days if the student engages in conduct
264		-	that contains the elements of the offense of assault under Section
265		-	22.01, Penal Code, or terroristic threat under Section 22.07(a)(2),
266		-	Penal Code, against an employee of the school district.
267	215		(c) In addition to Subsections (a) and (b), a student shall
268	216		be removed from class and placed in a disciplinary alternative
269	217		education program under Section 37.008 based on conduct occurring
270	218		off campus and while the student is not in attendance at a
271	219		school-sponsored or school-related activity if:
272	220		(1) the student receives deferred prosecution under
273	221		Section 53.03, Family Code, for conduct defined as any of the
274	222		following offenses under the Penal Code:
275	223		(A) a felony offense under [in] Title 5[, Penal
276	224		Code]; [or]
277	225		(B) the offense of deadly conduct under Section
278	226		22.05;
279	227		(C) the felony offense of aggravated robbery
280	228		under Section 29.03[, Penal Code];
281	229		(D) the offense of disorderly conduct involving a
282	230		firearm under Section 42.01(a)(7) or (8); or
283	231		(E) the offense of unlawfully carrying weapons
284	232		under Section 46.02, except for an offense punishable as a Class C
285	233		misdemeanor under that section;
286	234		(2) a court or jury finds that the student has engaged
287	235		in delinquent conduct under Section 54.03, Family Code, for conduct
288	236		defined as an offense listed in Subdivision (1)[:
289	237		[(A) a felony offense in Title 5, Penal Code; or
290	238		[(B) the felony offense of aggravated robbery
291	239		under Section 29.03, Penal Code]; or
292	240		(3) the superintendent or the superintendent's
293	241		designee has a reasonable belief that the student has engaged in a
294	242		conduct defined as an offense listed in Subdivision (1)[:
295	243		[(A) a felony offense in Title 5, Penal Code; or
296	244		[(B) the felony offense of aggravated robbery
297	245		under Section 29.03, Penal Code].
298		-	SECTION 7. Section 37.007, Education Code, is amended by
	246	+	SECTION 4. Section 37.007, Education Code, is amended by
299	247		amending Subsections (a), (b), and (d) and adding Subsection (f-1)
300	248		to read as follows:
301	249		(a) Except as provided by Subsection (k) and subject to the
302	250		requirements of Section 37.009(a), a student shall be expelled from
303	251		a school if the student[, on school property or while attending a
304	252		school-sponsored or school-related activity on or off of school
305	253		property]:
306	254		(1) engages in conduct that contains the elements of
307	255		the offense of unlawfully carrying weapons under Section 46.02,
308	256		Penal Code, or elements of an offense relating to prohibited
309	257		weapons under Section 46.05, Penal Code;
310	258		(2) engages in conduct that contains the elements of
311	259		the offense of:
312	260		(A) aggravated assault under Section 22.02,
313	261		Penal Code, sexual assault under Section 22.011, Penal Code, or
314	262		aggravated sexual assault under Section 22.021, Penal Code;
315	263		(B) arson under Section 28.02, Penal Code;
316	264		(C) murder under Section 19.02, Penal Code,
317	265		capital murder under Section 19.03, Penal Code, or criminal
318	266		attempt, under Section 15.01, Penal Code, to commit murder or
319	267		capital murder;
320	268		(D) indecency with a child under Section 21.11,
321	269		Penal Code;
322	270		(E) aggravated kidnapping under Section 20.04,
323	271		Penal Code;
324	272		(F) aggravated robbery under Section 29.03,
325	273		Penal Code;
326	274		(G) manslaughter under Section 19.04, Penal
327	275		Code;
328	276		(H) criminally negligent homicide under Section
329	277		19.05, Penal Code; or
330	278		(I) continuous sexual abuse of young child or
331	279		disabled individual under Section 21.02, Penal Code; or
332	280		(3) engages in conduct specified by Section
333	281		37.006(a)(2)(C), if the conduct is punishable as a felony.
334	282		(b) A student may be expelled if the student:
335	283		(1) engages in conduct involving a public school that
336	284		contains the elements of the offense of false alarm or report under
337	285		Section 42.06, Penal Code, or terroristic threat under Section
338	286		22.07, Penal Code;
339	287		(2) while on or within 300 feet of school property, as
340	288		measured from any point on the school's real property boundary
341	289		line, or while attending a school-sponsored or school-related
342	290		activity on or off of school property:
343	291		(A) except as provided by Subsection (a)(3),
344	292		sells, gives, or delivers to another person or possesses, uses, or
345	293		is under the influence of any amount of:
346	294		(i) marihuana or a controlled substance, as
347	295		defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
348	296		Section 801 et seq.;
349	297		(ii) a dangerous drug, as defined by
350	298		Chapter 483, Health and Safety Code; or
351	299		(iii) an alcoholic beverage, as defined by
352	300		Section 1.04, Alcoholic Beverage Code;
353	301		(B) engages in conduct that contains the elements
354	302		of an offense relating to an abusable volatile chemical under
355	303		Sections 485.031 through 485.034, Health and Safety Code;
356	304		(C) engages in conduct that contains the elements
357	305		of an offense under Section 22.01(a)(1), Penal Code, against a
358	306		school district employee or a volunteer as defined by Section
359	307		22.053; or
360	308		(D) engages in conduct that contains the elements
361	309		of the offense of deadly conduct under Section 22.05, Penal Code;
362	310		(3) subject to Subsection (d), while within 300 feet
363	311		of school property, as measured from any point on the school's real
364	312		property boundary line, [:
365	313		[(A) engages in conduct specified by Subsection
366	314		(a); or
367	315		[(B)] possesses a firearm, as defined by 18
368	316		U.S.C. Section 921;
369	317		[(4) engages in conduct that contains the elements of
370	318		any offense listed in Subsection (a)(2)(A) or (C) or the offense of
371	319		aggravated robbery under Section 29.03, Penal Code, against another
372	320		student, without regard to whether the conduct occurs on or off of
373	321		school property or while attending a school-sponsored or
374	322		school-related activity on or off of school property;] or
375	323		(4) [(5)] engages in conduct that contains the
376	324		elements of the offense of breach of computer security under
377	325		Section 33.02, Penal Code, if:
378	326		(A) the conduct involves accessing a computer,
379	327		computer network, or computer system owned by or operated on behalf
380	328		of a school district; and
381	329		(B) the student knowingly:
382	330		(i) alters, damages, or deletes school
383	331		district property or information; or
384	332		(ii) commits a breach of any other
385	333		computer, computer network, or computer system.
386	334		(d) A student [shall be expelled if the student engages in
387	335		conduct that contains the elements of any offense listed in
388	336		Subsection (a), and] may be expelled if the student engages in
389	337		conduct that contains the elements of any offense listed in
390	338		Subsection (b)(2)(C)[,] against any employee or volunteer in
391	339		retaliation for or as a result of the person's employment or
392	340		association with a school district, without regard to whether the
393	341		conduct occurs on or off of school property or while attending a
394	342		school-sponsored or school-related activity on or off of school
395	343		property.
396	344		(f-1) A school district may place a student expelled under
397	345		this section in:
398	346		(1) a virtual or in-person disciplinary alternative
399	347		education program; or
400	348		(2) a juvenile justice alternative education program.
401		-	SECTION 8. Section 37.0081(a-1), Education Code, is amended
	349	+	SECTION 5. Section 37.0081(a-1), Education Code, is amended
402	350		to read as follows:
403	351		(a-1) The student must be placed in:
404	352		(1) a juvenile justice alternative education program,
405	353		if the school district is located in a county that operates a
406	354		juvenile justice alternative education program or the school
407	355		district contracts with the juvenile board of another county for
408	356		the provision of a juvenile justice alternative education program;
409	357		or
410	358		(2) a virtual or in-person disciplinary alternative
411	359		education program.
412		-	SECTION 9. Subchapter A, Chapter 37, Education Code, is
	360	+	SECTION 6. Subchapter A, Chapter 37, Education Code, is
413	361		amended by adding Section 37.0083 to read as follows:
414	362		Sec. 37.0083. VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION
415	363		PROGRAM. (a) The board of trustees of a school district, or the
416	364		board's designee, may place a student who has been expelled under
417	365		Section 37.007 in a virtual disciplinary alternative education
418	366		program established by the district and provide virtual instruction
419	367		and instructional materials for remote learning to the student.
420		-	(a-1) If the board of trustees of a school district, the
421		-	board's designee, or a juvenile court places a student in a virtual
422		-	disciplinary alternative education program under this section, the
423		-	school district shall ensure that the student has suitable home
424		-	computer equipment and Internet access and provide the computer
425		-	equipment and Internet access if necessary.
426	368		(b) A student placed in a virtual disciplinary alternative
427	369		education program shall be counted toward the district's average
428	370		daily attendance for purposes of receipt of state funds under the
429	371		Foundation School Program.
430	372		(c) The commissioner shall adopt rules as necessary to
431	373		implement this section, including rules providing for a method of
432	374		taking attendance for students placed in a virtual disciplinary
433		-	alternative education program and rules requiring school districts
434		-	to provide basic professional development training for teachers
435		-	providing instruction in a virtual disciplinary alternative
436		-	education program.
437		-	SECTION 10. Section 37.009, Education Code, is amended by
	375	+	alternative education program.
	376	+	SECTION 7. Section 37.009, Education Code, is amended by
438	377		amending Subsections (a-1) and (a-2) and adding Subsection (f-1) to
439	378		read as follows:
440	379		(a-1) If a disciplinary alternative education program is at
441	380		capacity at the time a campus behavior coordinator is deciding
442	381		placement under Subsection (a) for a student who engaged in conduct
443	382		described under Section 37.006(a)(2)(C-1), [(C-2),] (D), or (E),
444	383		the student shall be:
445	384		(1) placed in in-school suspension; and
446	385		(2) if a position becomes available in the program
447	386		before the expiration of the period of the placement, transferred
448	387		to the program for the remainder of the period.
449	388		(a-2) If a disciplinary alternative education program is at
450	389		capacity at the time a campus behavior coordinator is deciding
451	390		placement under Subsection (a) for a student who engaged in conduct
452	391		described under Section 37.007 that constitutes violent conduct, as
453	392		defined by commissioner rule, a student who has been placed in the
454	393		program for conduct described under Section 37.006(a)(2)(C-1),
455	394		[(C-2),] (D), or (E):
456	395		(1) may be removed from the program and placed in
457	396		in-school suspension to make a position in the program available
458	397		for the student who engaged in violent conduct; and
459	398		(2) if removed from the program under Subdivision (1)
460	399		and a position in the program becomes available before the
461	400		expiration of the period of the placement, shall be returned to the
462	401		program for the remainder of the period.
463	402		(f-1) The board or the board's designee may order the
464	403		placement of a student expelled under Section 37.007 in an
465	404		alternative education program as provided by Subsection (f-1) of
466	405		that section.
467		-	SECTION 11. Section 37.010, Education Code, is amended by
	406	+	SECTION 8. Section 37.010, Education Code, is amended by
468	407		adding Subsection (c-1) to read as follows:
469	408		(c-1) This subsection applies to a juvenile court in a
470	409		county that operates a program under Section 37.011.
471	410		Notwithstanding Subsections (a) and (c), a court may order a
472	411		student expelled under Section 37.007 to attend a school district's
473	412		virtual disciplinary alternative education program, if:
474	413		(1) the district has established a virtual
475	414		disciplinary alternative education program under Section 37.0083;
476	415		and
477	416		(2) the county's juvenile justice alternative
478	417		education program under Section 37.011 has no available positions
479	418		for the grade level in which the student is enrolled.
480		-	SECTION 12. Subchapter A, Chapter 37, Education Code, is
481		-	amended by adding Section 37.024 to read as follows:
482		-	Sec. 37.024. ANNUAL REPORT REGARDING EXPULSIONS,
483		-	SUSPENSIONS, AND REMOVALS TO DISCIPLINARY ALTERNATIVE EDUCATION
484		-	PROGRAMS. Not later than September 1, each school district and
485		-	open-enrollment charter school shall prepare and submit to the
486		-	agency an annual report regarding each expulsion, suspension, or
487		-	removal of a student to a disciplinary alternative education
488		-	program that occurred during the preceding school year,
489		-	disaggregated by:
490		-	(1) the type of removal;
491		-	(2) the student's race;
492		-	(3) the student's gender; and
493		-	(4) the student's grade.
494		-	SECTION 13. Section 37.055, Education Code, is amended by
495		-	amending Subsections (a) and (b) and adding Subsections (a-1) and
496		-	(a-2) to read as follows:
497		-	(a) On admitting a student to a school-community guidance
498		-	center, placing a student in a disciplinary alternative education
499		-	program, or expelling a student, a representative of the school
500		-	district, the student, and the student's parent shall develop an
501		-	agreement that specifies the responsibilities of the parent and the
502		-	student. The agreement must include:
503		-	(1) a statement of the student's behavioral and
504		-	learning objectives;
505		-	(2) a requirement that the parent attend specified
506		-	meetings and conferences for teacher review of the student's
507		-	progress; and
508		-	(3) the parent's acknowledgement that the parent
509		-	understands and accepts the responsibilities imposed by the
510		-	agreement regarding attendance at meetings and conferences and
511		-	assistance in meeting other objectives, defined by the district, to
512		-	aid student remediation.
513		-	(a-1) The school district shall provide to the student's
514		-	parent written notice of the meeting at which the agreement
515		-	described by Subsection (a) will be developed and encourage the
516		-	student's parent to attend the meeting. The district shall ensure
517		-	the student's parent may attend the meeting in person or by
518		-	telephone or video conference.
519		-	(a-2) If the student and the student's parent participate in
520		-	the development and completion of the agreement described by
521		-	Subsection (a), the school district shall review and may reduce the
522		-	length of any discipline to be imposed on the student.
523		-	(b) The superintendent of the school district may obtain a
524		-	court order from a district, county, or justice court in whose
525		-	jurisdiction all or any part of the school district is located
526		-	requiring a parent to fully, reasonably, and timely participate in
527		-	the development of [comply with] an agreement [made] under this
528		-	section and to comply with the agreement if the parent receives
529		-	notice of a meeting to develop the agreement under Subsection (a-1)
530		-	and fails to attend the meeting on two separate occasions. A parent
531		-	who violates a court order issued under this subsection may be
532		-	punished for contempt of court or by other appropriate judicial
533		-	remedy.
534		-	SECTION 14. Section 37.115, Education Code, is amended by
	419	+	SECTION 9. Section 37.115, Education Code, is amended by
535	420		adding Subsection (d-1) to read as follows:
536	421		(d-1) Notwithstanding Subsection (d), if a student in a
537	422		special education program under Subchapter A, Chapter 29, is the
538	423		subject of a threat assessment under Subsection (f), the team
539	424		conducting the assessment must include at least one of the
540	425		following professionals who has specific knowledge of the student's
541	426		disability and the disability's manifestations:
542	427		(1) a special education teacher assigned to the
543	428		student;
544	429		(2) a licensed behavior analyst;
545	430		(3) a licensed clinical or licensed master social
546	431		worker; or
547	432		(4) a licensed specialist in school psychology.
548		-	SECTION 15. Subchapter D, Chapter 37, Education Code, is
	433	+	SECTION 10. Subchapter D, Chapter 37, Education Code, is
549	434		amended by adding Section 37.1151 to read as follows:
550	435		Sec. 37.1151. SUIT FOR TEMPORARY ALTERNATIVE PLACEMENT FOR
551	436		CERTAIN STUDENTS. (a) In this section, "student with a disability"
552	437		means a student who is covered by:
553	438		(1) the Individuals with Disabilities Education Act
554	439		(20 U.S.C. Section 1400 et seq.); or
555	440		(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
556	441		Section 794).
557	442		(b) If, pursuant to a threat assessment conducted with
558	443		respect to a student under Section 37.115, the school district in
559	444		which the student is enrolled determines that the student's
560	445		continued placement in the student's current educational setting is
561	446		substantially likely to result in physical harm to the student or
562	447		another person, the district may file a civil action for injunctive
563	448		relief in a district court to authorize the district to immediately
564	449		remove the student from the student's current educational setting
565	450		and place the student in an alternative educational setting.
566	451		(c) The school district requesting injunctive relief under
567	452		this section must show that:
568	453		(1) the district has made reasonable efforts to
569	454		maintain the student's current educational setting and minimize the
570		-	likelihood of physical harm to the student or another person;
	455	+	likelihood of physical harm to the student or another person; and
571	456		(2) despite the district's efforts under Subdivision
572	457		(1), maintaining the student's current educational setting is
573	458		substantially likely to result in physical harm to the student or
574		-	another person; and
575		-	(3) the district provided notice to the student's
576		-	parent or person standing in parental relation to the student of:
577		-	(A) the results of the threat assessment
578		-	conducted with respect to the student under Section 37.115; and
579		-	(B) the filing of a civil action under Subsection
580		-	(b).
	459	+	another person.
581	460		(d) Not later than the fifth calendar day after the date a
582	461		school district files a civil action under Subsection (b), the
583	462		district court shall determine whether the district has provided
584	463		sufficient evidence to satisfy the requirements of Subsection (c),
585	464		and, if so, may order the district to remove the student from the
586	465		student's current educational setting and place the student in an
587	466		alternative educational setting for a period not to exceed 60
588	467		instructional days.
589	468		(e) In making the determination under Subsection (d), the
590	469		district court shall consider:
591	470		(1) the results of the threat assessment conducted
592	471		with respect to the student under Section 37.115;
593	472		(2) for a student with a disability, any
594	473		recommendations or findings made by the student's admission,
595	474		review, and dismissal committee or the student's team established
596	475		under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
597	476		794), as applicable; and
598	477		(3) any other relevant information.
599		-	(f) Before the expiration of an order issued under
600		-	Subsection (d) for a student enrolled in the school district's
601		-	special education program under Subchapter A, Chapter 29, the
602		-	school district shall request from the student's parent or person
603		-	standing in parental relation to the student consent for a
604		-	qualified professional to conduct a functional behavioral
605		-	assessment of the student.
606		-	(g) Before the expiration of an order issued under
607		-	Subsection (d) for a student enrolled in the school district's
608		-	special education program under Subchapter A, Chapter 29, the
609		-	school district shall seek consent from the student's parent or
610		-	person standing in parental relation to conduct a functional
611		-	behavioral assessment of the student by a licensed specialist in
612		-	school psychology, a licensed behavior analyst, or a behavior
613		-	specialist.
614		-	(h) On the expiration of an order issued under Subsection
	478	+	(f) On the expiration of an order issued under Subsection
615	479		(d), the school district may file another civil action under
616	480		Subsection (b) to extend the period of the student's placement in an
617	481		alternative educational setting if the district determines,
618	482		pursuant to an additional threat assessment conducted with respect
619	483		to the student under Section 37.115, that the student's return to
620	484		the student's previous educational setting is substantially likely
621	485		to result in physical harm to the student or another person.
622		-	(i) A school district must ensure that a student with a
	486	+	(g) A school district must ensure that a student with a
623	487		disability who is placed in an alternative educational setting
624	488		under this section continues to receive all required educational
625	489		services, including services under the student's individualized
626	490		education program or the student's plan created under Section 504,
627	491		Rehabilitation Act of 1973 (29 U.S.C. Section 794), as applicable.
628		-	(j) A school district that has filed a civil action under
	492	+	(h) A school district that has filed a civil action under
629	493		Subsection (b) for the removal of a student is not subject to the
630	494		requirements of Section 37.009(a) with respect to that removal.
631		-	SECTION 16. Section 37.007(i), Education Code, is repealed.
632		-	SECTION 17. This Act applies beginning with the 2025-2026
	495	+	SECTION 11. Sections 37.001(b-1) and 37.007(i), Education
	496	+	Code, are repealed.
	497	+	SECTION 12. This Act applies beginning with the 2025-2026
633	498		school year.
634		-	SECTION 18. This Act takes effect immediately if it
	499	+	SECTION 13. This Act takes effect immediately if it
635	500		receives a vote of two-thirds of all the members elected to each
636	501		house, as provided by Section 39, Article III, Texas Constitution.
637	502		If this Act does not receive the vote necessary for immediate
638	503		effect, this Act takes effect September 1, 2025.