| 1 | 1 | | 89R9610 BCH-D |
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| 2 | 2 | | By: Middleton S.B. No. 1523 |
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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 discipline of certain public school students. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 37.005(a), (b), (c), and (d), Education |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) The principal or other appropriate administrator may |
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| 14 | 14 | | suspend a student who engages in conduct identified in the student |
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| 15 | 15 | | code of conduct adopted under Section 37.001 as conduct for which a |
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| 16 | 16 | | student may be subject to an in-school or out-of-school suspension |
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| 17 | 17 | | [suspended]. |
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| 18 | 18 | | (b) An out-of-school [A] suspension under this section may |
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| 19 | 19 | | not exceed three school days. An in-school suspension under this |
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| 20 | 20 | | section is not subject to any time limit. |
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| 21 | 21 | | (c) A student who is enrolled in a grade level below grade |
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| 22 | 22 | | three may not be placed in out-of-school suspension unless while on |
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| 23 | 23 | | school property or while attending a school-sponsored or |
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| 24 | 24 | | school-related activity on or off of school property, the student |
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| 25 | 25 | | engages in: |
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| 26 | 26 | | (1) conduct that contains the elements of an offense |
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| 27 | 27 | | related to weapons under Section 46.02 or 46.05, Penal Code; |
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| 28 | 28 | | (2) conduct that threatens the immediate health and |
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| 29 | 29 | | safety of other students in the classroom; |
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| 30 | 30 | | (3) conduct that results in repeated or significant |
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| 31 | 31 | | disruption to the classroom [contains the elements of a violent |
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| 32 | 32 | | offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code]; |
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| 33 | 33 | | or |
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| 34 | 34 | | (4) [(3)] selling, giving, or delivering to another |
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| 35 | 35 | | person or possessing, using, or being under the influence of any |
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| 36 | 36 | | amount of: |
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| 37 | 37 | | (A) marihuana or a controlled substance, as |
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| 38 | 38 | | defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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| 39 | 39 | | Section 801 et seq.; |
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| 40 | 40 | | (B) a dangerous drug, as defined by Chapter 483, |
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| 41 | 41 | | Health and Safety Code; or |
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| 42 | 42 | | (C) an alcoholic beverage, as defined by Section |
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| 43 | 43 | | 1.04, Alcoholic Beverage Code. |
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| 44 | 44 | | (d) A school district or open-enrollment charter school may |
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| 45 | 45 | | not place a student who is homeless in out-of-school suspension |
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| 46 | 46 | | unless the student engages in conduct described by Subsections |
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| 47 | 47 | | (c)(1)-(4) [(c)(1)-(3)] while on school property or while attending |
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| 48 | 48 | | a school-sponsored or school-related activity on or off of school |
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| 49 | 49 | | property. The campus behavior coordinator may coordinate with the |
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| 50 | 50 | | school district's homeless education liaison to identify |
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| 51 | 51 | | appropriate alternatives to out-of-school suspension for a student |
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| 52 | 52 | | who is homeless. In this subsection, "student who is homeless" has |
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| 53 | 53 | | the meaning assigned to the term "homeless children and youths" |
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| 54 | 54 | | under 42 U.S.C. Section 11434a. |
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| 55 | 55 | | SECTION 2. Section 37.001(b-1), Education Code, is |
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| 56 | 56 | | repealed. |
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| 57 | 57 | | SECTION 3. Section 37.005, Education Code, as amended by |
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| 58 | 58 | | this Act, applies beginning with the 2025-2026 school year. |
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| 59 | 59 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2025. |
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