89R4082 MEW-D
By: Perry, Creighton, Sparks S.B. No. 1871
A BILL TO BE ENTITLED
AN ACT
relating to discipline management, including the offense of
exhibiting, using, or threatening to exhibit or use a firearm or
weapon in or on school property or on a school bus, and access to
telehealth mental health services in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) state curriculum and graduation requirements
adopted under Chapter 28;
(4) Chapter 37; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Section 37.0012, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (b-1) to
read as follows:
(a) A single person at each campus must be designated to
serve as the campus behavior coordinator. The person designated
may be the principal of the campus or any other campus administrator
selected by the principal.
(a-1) Additional school staff members may assist the campus
behavior coordinator in the performance of the campus behavior
coordinator's duties, provided that the campus behavior
coordinator personally verifies that all aspects of this subchapter
are appropriately implemented.
(b-1) The campus behavior coordinator shall:
(1) monitor disciplinary referrals;
(2) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 any
student who engages in conduct that contains the elements of:
(A) the offense of terroristic threat under
Section 22.07, Penal Code;
(B) the offense of unlawfully carrying weapons
under Section 46.02, Penal Code;
(C) an offense relating to prohibited weapons
under Section 46.05, Penal Code; or
(D) the offense of exhibiting, using, or
threatening to exhibit or use a firearm or weapon under Section
37.125 of this code; and
(3) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 any
concerning student behaviors or behavioral trends that may pose a
serious risk of violence to the student or others.
SECTION 3. Section 37.002, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections
(b-2), (b-3), (f), and (g) to read as follows:
(b) A teacher may remove from class a student who:
(1) interferes [who has been documented by the teacher
to repeatedly interfere] with the teacher's ability to communicate
effectively with the students in the class or with the ability of
the student's classmates to learn; [or]
(2) demonstrates [whose] behavior that is unruly,
disruptive, or abusive toward the teacher, another adult, or
another student; or
(3) engages in conduct that constitutes bullying, as
defined by Section 37.0832 [determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn].
(b-2) A teacher, campus behavior coordinator, or other
appropriate administrator shall notify a parent or person standing
in parental relation to a student of the removal of a student under
this section.
(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher
may remove a student from class under Subsection (b) of this section
based on a single incident of behavior described by Subsection
(b)(1), (2), or (3).
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. The principal may not return the student to that teacher's
class without the teacher's written consent unless the committee
established under Section 37.003 determines that such placement is
the best or only alternative available and, not later than the third
class day after the day on which the student was removed from class,
a conference in which the teacher has been provided an opportunity
to participate has been held in accordance with Section 37.009(a).
The principal may not return the student to that teacher's class,
regardless of the teacher's consent, until a return to class plan
has been prepared for that student. The principal may only
designate an employee of the school whose primary duties do not
include classroom instruction to create a return to class plan. The
terms of the removal may prohibit the student from attending or
participating in school-sponsored or school-related activity.
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
written consent unless the committee established under Section
37.003 determines that such placement is the best or only
alternative available and a conference in which the teacher has
been provided an opportunity to participate has been held in
accordance with Section 37.009(a). If the teacher removed the
student from class because the student has engaged in the elements
of any offense listed in [Section 37.006(a)(2)(B) or] Section
37.007(a)(2)(A) or (a)(4) [(b)(2)(C)] against the teacher, the
student may not be returned to the teacher's class without the
teacher's consent. The teacher may not be coerced to consent.
(f) A student may appeal the student's removal from class
under this section to:
(1) the school's placement review committee
established under Section 37.003; or
(2) the campus's threat assessment and safe and
supportive school team established under Section 37.115, in
accordance with a district policy providing for such an appeal to be
made to the team.
(g) Section 37.004 applies to the removal or placement under
this section of a student with a disability who receives special
education services.
SECTION 4. Sections 37.005(a) and (b), Education Code, are
amended to read as follows:
(a) The principal or other appropriate administrator may
suspend a student who engages in conduct identified in the student
code of conduct adopted under Section 37.001 as conduct for which a
student may be subject to an in-school or out-of-school suspension
[suspended].
(b) An out-of-school [A] suspension under this section may
not exceed three school days. An in-school suspension under this
section is not subject to any time limit.
SECTION 5. Sections 37.006(a) and (b), Education Code, are
amended to read as follows:
(a) Subject to the requirements of Section 37.009(a), a
student shall be removed from class and placed in a disciplinary
alternative education program as provided by Section 37.008 if the
student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) except as provided by Section 37.007(a)(3),
sells, gives, or delivers to another person or possesses or uses or
is under the influence of:
(i) a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
seq., excluding marihuana, as defined by Section 481.002, Health
and Safety Code, or tetrahydrocannabinol, as defined by rule
adopted under Section 481.003 of that code; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(C-1) possesses, uses, or is under the influence
of, or sells, gives, or delivers to another person marihuana, as
defined by Section 481.002, Health and Safety Code, or
tetrahydrocannabinol, as defined by rule adopted under Section
481.003 of that code;
(C-2) possesses, uses, sells, gives, or delivers
to another person an e-cigarette, as defined by Section 161.081,
Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code; [or]
(G) engages in conduct that contains the elements
of the offense of disorderly conduct [harassment] under Section
42.01 [42.07(a)(1), (2), (3), or (7)], Penal Code, unless
Subsection (f) of that section applies to the student and the
student's conduct;
(H) engages in conduct that contains the elements
of the offense of disruptive activities under Section 37.123 of
this code;
(I) engages in conduct that contains the elements
of the offense of disruption of classes under Section 37.124 of this
code, unless Subsection (d) of that section applies to the student;
or
(J) engages in conduct described by Section
37.002(b) and the student was previously removed from class at the
same school under that subsection for similar behavior [, against
an employee of the school district].
(b) A [Except as provided by Section 37.007(d), a] student
shall be removed from class and placed in a disciplinary
alternative education program under Section 37.008 if the student
engages in conduct on or off of school property against any school
employee or volunteer as defined by Section 22.053 that contains
the elements of the offense of:
(1) retaliation under Section 36.06, Penal Code; or
(2) harassment under Section 42.07, Penal Code[,
against any school employee].
SECTION 6. Sections 37.007(a) and (b), Education Code, are
amended to read as follows:
(a) Except as provided by Subsection (k) and subject to the
requirements of Section 37.009(a), a student shall be expelled from
a school if the student, [on school property or while attending a
school-sponsored or school-related activity] on or off of school
property:
(1) engages in conduct that contains the elements of
the offense of unlawfully carrying weapons under Section 46.02,
Penal Code, or elements of an offense relating to prohibited
weapons under Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code;
(F) burglary under Section 30.02, Penal Code,
robbery under Section 29.02, Penal Code, or aggravated robbery
under Section 29.03, Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code; [or]
(3) engages in conduct specified by Section
37.006(a)(2)(C), if the conduct is punishable as a felony;
(4) engages in conduct that contains the elements of
an offense under Section 22.01(a)(1), Penal Code, against a school
district employee or a volunteer as defined by Section 22.053 of
this code; or
(5) engages in conduct that constitutes the offense of
exhibiting, using, or threatening to exhibit or use a firearm or
weapon under Section 37.125 of this code.
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) except as provided by Subsection (a)(3),
sells, gives, or delivers to another person or possesses, uses, or
is under the influence of any amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(C) [engages in conduct that contains the
elements of an offense under Section 22.01(a)(1), Penal Code,
against a school district employee or a volunteer as defined by
Section 22.053; or
[(D)] engages in conduct that contains the
elements of the offense of deadly conduct under Section 22.05,
Penal Code;
(3) [subject to Subsection (d),] while within 300 feet
of school property, as measured from any point on the school's real
property boundary line, [:
[(A) engages in conduct specified by Subsection
(a); or
[(B)] possesses a firearm, as defined by 18
U.S.C. Section 921;
[(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property;] or
(4) [(5)] engages in conduct that contains the
elements of the offense of breach of computer security under
Section 33.02, Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
SECTION 7. Sections 37.011(b), (h), and (k), Education
Code, are amended to read as follows:
(b) If a student admitted into the public schools of a
school district under Section 25.001(b) is expelled from school for
conduct for which expulsion is required under Section 37.007(a)[,
(d),] or (e), or for conduct that contains the elements of the
offense of terroristic threat as described by Section 22.07(c-1),
(d), or (e), Penal Code, the juvenile court, the juvenile board, or
the juvenile board's designee, as appropriate, shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution;
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student; and
(4) provide timely educational services to the student
in the juvenile justice alternative education program in the county
in which the student resides, regardless of the student's age or
whether the juvenile court has jurisdiction over the student.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapters 39 and 39A, a student enrolled in a juvenile justice
alternative education program is reported as if the student were
enrolled at the student's assigned campus in the student's
regularly assigned education program, including a special
education program. Annually the Texas Juvenile Justice
Department, with the agreement of the commissioner, shall develop
and implement a system of accountability consistent with Chapters
39 and 39A, where appropriate, to assure that students make
progress toward grade level while attending a juvenile justice
alternative education program. The department shall adopt rules
for the distribution of funds appropriated under this section to
juvenile boards in counties required to establish juvenile justice
alternative education programs. Except as determined by the
commissioner, a student served by a juvenile justice alternative
education program on the basis of an expulsion required under
Section 37.007(a)[, (d),] or (e) is not eligible for Foundation
School Program funding under Chapter 31 or 48 if the juvenile
justice alternative education program receives funding from the
department under this subchapter.
(k) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall annually
enter into a joint memorandum of understanding that:
(1) outlines the responsibilities of the juvenile
board concerning the establishment and operation of a juvenile
justice alternative education program under this section;
(2) defines the amount and conditions on payments from
the school district to the juvenile board for students of the school
district served in the juvenile justice alternative education
program whose placement was not made on the basis of an expulsion
required under Section 37.007(a)[, (d),] or (e);
(3) establishes that a student may be placed in the
juvenile justice alternative education program if the student
engages in serious misbehavior, as defined by Section 37.007(c);
(4) identifies and requires a timely placement and
specifies a term of placement for expelled students for whom the
school district has received a notice under Section 52.041(d),
Family Code;
(5) establishes services for the transitioning of
expelled students to the school district prior to the completion of
the student's placement in the juvenile justice alternative
education program;
(6) establishes a plan that provides transportation
services for students placed in the juvenile justice alternative
education program;
(7) establishes the circumstances and conditions
under which a juvenile may be allowed to remain in the juvenile
justice alternative education program setting once the juvenile is
no longer under juvenile court jurisdiction; and
(8) establishes a plan to address special education
services required by law.
SECTION 8. Section 37.015(a), Education Code, is amended to
read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, or marihuana under Chapter 481,
Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a)[, (d),] or
(e).
SECTION 9. Section 37.019, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) This subchapter does not prevent the principal or the
principal's designee from ordering the immediate placement of a
student in a disciplinary alternative education program if the
principal or the principal's designee reasonably believes the
student's behavior is [so] unruly, disruptive, or abusive and [that
it seriously] interferes with a teacher's ability to communicate
effectively with the students in a class, with the ability of the
student's classmates to learn, or with the operation of school or a
school-sponsored activity.
(b-1) The principal or principal's designee may order the
emergency placement or expulsion of a student under this section
based on a single incident of behavior by the student.
SECTION 10. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.028 to read as follows:
Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY
MEASURES PROHIBITED. (a) The agency may not withhold any state
funding or impose a penalty on a school district based on the number
of students in the district that have been removed from a classroom,
placed into in-school or out-of-school suspension, placed in a
disciplinary alternative education program or a juvenile justice
alternative education program, or expelled.
(b) This section may not be construed to limit the agency
from taking any action to enforce requirements under federal law
related to a determination of significant disproportionality based
on the race and ethnicity of students with disabilities.
SECTION 11. Section 37.115(d), Education Code, is amended
to read as follows:
(d) The superintendent of the district shall ensure, to the
greatest extent practicable, that the members appointed to each
team have expertise in counseling, behavior management, mental
health and substance use, classroom instruction, special
education, school administration, school safety and security,
emergency management, and law enforcement. A team may serve more
than one campus of a school district, provided that:
(1) each district campus is assigned a team; and
(2) in serving a particular campus, the team includes
the person designated to serve as the campus behavior coordinator
under Section 37.0012 for that campus.
SECTION 12. The heading to Section 37.125, Education Code,
is amended to read as follows:
Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR
USE OF FIREARMS OR WEAPONS.
SECTION 13. Section 37.125, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A person commits an offense if, in a manner intended to
cause alarm or personal injury to another person or to damage school
property, the person intentionally:
(1) exhibits or uses a firearm or weapon:
(A) in or on any property, including a parking
lot, parking garage, or other parking area, that is owned by a
private or public school; or
(B) on a school bus being used to transport
children to or from school-sponsored activities of a private or
public school;
(2) threatens to exhibit or use a firearm or weapon in
or on property described by Subdivision (1)(A) or on a bus described
by Subdivision (1)(B) and was in possession of or had immediate
access to the firearm or weapon; or
(3) threatens to exhibit or use a firearm or weapon in
or on property described by Subdivision (1)(A) or on a bus described
by Subdivision (1)(B).
(d) In this section, "weapon" means any weapon described
under Section 37.007(a)(1).
SECTION 14. Subchapter F, Chapter 38, Education Code, is
amended by adding Section 38.2545 to read as follows:
Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH
TELEMEDICINE. (a) In this section:
(1) "Consortium" means the Texas Child Mental Health
Care Consortium established under Chapter 113, Health and Safety
Code.
(2) "Program" means the Texas Child Health Access
through Telemedicine program operated by the consortium.
(b) If the consortium makes available mental health
services to a school district through the program, the district
shall offer to each student enrolled in the district access to those
mental health services.
(c) A school district may not provide a mental health
service to a student who is younger than 18 years of age unless the
district obtains written consent from the parent or legal guardian
of the student as required by Section 113.0152, Health and Safety
Code.
(d) A school district may not:
(1) require a student to participate in any service
provided under Subsection (b); or
(2) allow a student who is younger than 18 years of age
to participate in any component of the program that involves mental
health education or screening unless the district obtains signed
written consent from the student's parent or legal guardian.
(e) Before the beginning of each school year, the agency
shall determine at which school districts the program is available
and verify that each of those school districts is in compliance with
Subsection (b).
(f) The Texas Child Health Access through Telemedicine
program is not considered a "school official with a legitimate
educational interest" for purposes of the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g). A school
district may not share records relating to a student with the
program unless the district obtains written consent from the
student, or the parent or legal guardian of the student, if the
student is younger than 18 years of age.
(g) The program shall maintain, provide to each school
district at which the program is available, and post on the
consortium's website:
(1) a list of health providers to which the program
refers participants; and
(2) the process used by the program in vetting
providers described by Subdivision (1).
SECTION 15. Section 113.0251, Health and Safety Code, is
amended to read as follows:
Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the consortium shall prepare and submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the standing committee of each house of the
legislature with primary jurisdiction over behavioral health
issues and post on its Internet website a written report that
outlines:
(1) the activities and objectives of the consortium;
(2) the health-related institutions of higher
education listed in Section 113.0052(1) that receive funding by the
executive committee;
(3) during the preceding two years, the percentage of
participants in the Texas Child Health Access through Telemedicine
program operated by the consortium:
(A) who were prescribed a psychotropic drug;
(B) who were transported to an emergency room or
psychiatric hospital for mental health services or observation;
(C) who were referred to a health provider for
further mental health services;
(D) who completed the requisite number of
appointments offered to the participant by the program; and
(E) for whom the participant's parent or legal
guardian consented to the participant's participation in research;
(4) during the preceding two years, the percentage of
potential participants for whom a parent or legal guardian declined
to give informed consent to participate in the program; and
(5) [(3)] any legislative recommendations based on
the activities and objectives described by Subdivision (1).
SECTION 16. Sections 37.007(d) and (i), Education Code, are
repealed.
SECTION 17. Section 12A.004(a), Education Code, as amended
by this Act, applies to a local innovation plan adopted or renewed
before, on, or after the effective date of this Act.
SECTION 18. Notwithstanding Sections 38.2545(d)(2) and
(f), Education Code, as added by this Act, a school district must
comply with the requirements of those provisions and update consent
forms and documents as necessary for compliance as soon as
practicable after the effective date of this Act but not later than
December 1, 2025.
SECTION 19. Sections 37.0012, 37.002, 37.005, 37.006,
37.007, 37.011, 37.015, 37.019, and 37.115, Education Code, as
amended by this Act, and Sections 37.028 and 38.2545, Education
Code, as added by this Act, apply beginning with the 2025-2026
school year.
SECTION 20. Section 37.125, Education Code, as amended by
this Act, applies only to an offense committed on or after September
1, 2025. An offense committed before September 1, 2025, is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2025, if
any element of the offense occurred before that date.
SECTION 21. (a) Except as provided by Subsection (b) of
this section, 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.
(b) Section 37.125, Education Code, as amended by this Act,
takes effect September 1, 2025.