BILL ANALYSIS Senate Research Center C.S.S.B. 1871 89R22151 MEW-D By: Perry et al. Education K-16 4/3/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In recent years there has been a steady increase in assaults on school employees, and school related threats. As a result, many parents, teachers, and school administrators have raised concerns that violent and threatening students are regularly placing public schools at risk of harm. Additionally, the current discipline processes are often insufficient to address these dangerous student behaviors. Furthermore, there has also been a steady rise in the number of students who are engaging in classroom disruptions and inappropriate behaviors. These disruptions are impeding both the ability of teachers to teach and of students to learn. The proposed legislation amends Chapter 37 of the Education Code to provide teachers and schools with additional tools to address students who engage in dangerous or disruptive behaviors. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1871 amends current law relating to discipline management and access to telehealth mental health services in public schools. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the commissioner of education in SECTION 9 (Section 37.0083, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12A.004(a), Education Code, to prohibit a local innovation plan from providing for the exemption of a district designated as a district of innovation from certain provisions of Title 2 (Public Education), including Chapter 37 (Discipline; Law and Order), and to make a nonsubstantive change. SECTION 2. Amends Subchapter B, Chapter 22, Education Code, by adding Section 22.05121, as follows: Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a) Defines "disciplinary proceeding." (b) Prohibits a professional employee of a school district from being subject to disciplinary proceedings for the reporting of a violation of Chapter 37 to another professional employee of a school district, the Texas Education Agency (TEA), or for an action taken in good faith to remove a student from class under Section 37.002 (Removal by Teacher). (c) Provides that the immunity provided by Subsection (b) is in addition to any other immunity provided by law. Prohibits this section from being construed to interfere with any other immunity provided by law. SECTION 3. Amends Section 37.0012, Education Code, by amending Subsection (a) and adding Subsections (a-1) and (b-1), as follows: (a) Requires a single person at each campus to be designated to serve as the campus behavior coordinator. (a-1) Authorizes additional school staff members to 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 Subchapter A (Alternative Settings for Behavior Management) are appropriately implemented. (b-1) Requires the campus behavior coordinator to: (1) monitor disciplinary referrals; (2) report to the campus's threat assessment and safe and supportive school team established under Section 37.115 (Threat Assessment and Safe and Supportive School Program and Team) any student who engages in conduct that contains the elements of certain offenses under the Penal Code and Education 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 4. Amends Section 37.002, Education Code, by amending Subsections (b), (c), and (d) and adding Subsections (b-2), (b-3) (c-1), (c-2), (f), and (g), as follows: (b) Authorizes a teacher to remove from class a student who: (1) repeatedly 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; (2) demonstrates 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 (Bullying Prevention Policies and Procedures). Deletes existing text authorizing a teacher to remove from class a student 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 whose behavior the teacher 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) Requires a teacher, campus behavior coordinator, or other appropriate administrator to notify a parent or person standing in parental relation to a student of the removal of a student under Section 37.002. (b-3) Authorizes a teacher, subject to certain provisions, to 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) Prohibits the principal from returning the student to a teacher's class without the teacher's written consent unless the committee established under Section 37.003 (Placement Review Committee) 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) (relating to requiring the campus behavior coordinator or other appropriate administrator to schedule a conference among certain persons). Prohibits the principal from returning the student to that teacher's class unless the teacher provides written consent for the student's return or a return to class plan has been prepared for that student. Authorizes the principal to only designate an employee of the school whose primary duties do not include classroom instruction to create a return to class plan. (c-1) Requires that a return to class plan required under Subsection (c) be created before or at the conference described by that subsection. Requires that a plan created before the conference be discussed at the conference. (c-2) Requires the commissioner of education (commissioner) to adopt a model return to class plan for use by a school district in creating a return to class plan for a student under Subsection (c). (d) Prohibits a student who engaged in conduct described under Sections 37.006 (Removal for Certain Conduct) or 37.007 (Expulsion for Serious Offenses) from being returned to a 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). Deletes existing text prohibiting a student, if the teacher removed the student from class because the student had engaged in the elements of any offense listed in Section 37.006(a)(2)(B) (relating to conduct that contains the elements of the offense of assault) against the teacher, from being returned to the teacher's class without the teacher's consent. Makes a nonsubstantive change. (f) Authorizes a student to appeal the student's removal from class under this section to the school's placement review committee established under Section 37.003 or 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) Provides that Section 37.004 (Placement of Students with Disabilities) applies to the removal or placement under this section of a student with a disability who receives special education services. SECTION 5. Amends Section 37.005, Education Code, by amending Subsections (a), (b), (c), and (d) and adding Subsection (b-1), as follows: (a) Authorizes the principal or other appropriate administrator to suspend a student who engages in conduct identified in the student code of conduct adopted under Section 37.001 (Student Code of Conduct) as conduct for which a student is authorized to be subject to an in-school or out-of-school suspension, rather than suspended. (b) Prohibits an out-of-school suspension under this section from exceeding three school days. Provides that an in-school suspension under Section 37.005 (Suspension) is not subject to any time limit. Makes a nonsubstantive change. (b-1) Requires the committee to review the in-school suspension of a student under this section at least once every fifteen school days after the date the suspension begins to evaluate the educational progress of the student and to determine if continued in-school suspension is appropriate. Requires the committee, if the committee determines that continued in-school suspension is appropriate, to document the determination. (c) Prohibits a student who is enrolled in a grade level below grade three from being placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in: (1) makes no changes to this subdivision; (2) conduct that threatens the immediate health and safety of other students in the classroom; (3) conduct that results in repeated or significant disruption to the classroom, rather than conduct that contains the elements of a violent offense under certain provisions of the Penal Code; or (4) redesignates existing Subdivision (3) as Subdivision (4) and makes no further changes. (d) Makes a nonsubstantive change to this subsection. SECTION 6. Amends Sections 37.006(a), (b), (c), and (d), Education Code, as follows: (a) Requires a student, subject to the requirements of Section 37.009(a), to be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 (Disciplinary Alternative Education Programs) if the student: (1) makes no changes to this subdivision; 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) except as provided by Section 37.007(a), engages in conduct punishable as a felony; (B) makes no changes to this paragraph; (C) except as provided by Section 37.007(a)(3) (relating to requiring a student to 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 engages in certain conduct if the conduct is punishable as a felony), sells, gives, or delivers to another person or possesses or uses or is under the influence of certain drugs; or (C-1)-(G) makes no changes to these paragraphs. (b) Requires a student to 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 (School District Volunteers) that contains the elements of certain offenses, including harassment under Section 42.07 (Harassment), Penal Code, rather than against any school employee. Deletes existing text of Section 37.007(d) (relating to requiring a student to be expelled if the student engages in certain conduct and authorizing a student to be expelled if the student engages in certain conduct against any employee or volunteer in retaliation for or as a result of the person's employment or association of school property). Makes nonsubstantive changes. (c) Requires a student, in addition to Subsections (a) and (b), to be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if: (1) the student receives deferred prosecution under Section 53.03 (Deferred Prosecution), Family Code, for conduct defined as any of the following offenses under the Penal Code: (A) makes nonsubstantive changes to this paragraph; (B) the offense of deadly conduct under Section 22.05 (Deadly Conduct); (C) creates this paragraph from existing text and makes a nonsubstantive change; or (D) the offense of disorderly conduct involving a firearm under certain provisions; (2) a court or jury finds that the student has engaged in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined as an offense listed in Subdivision (1), rather than certain felony offenses under the Penal Code; or (3) makes conforming changes to this paragraph. (d) Authorizes a student, in addition to Subsections (a), (b), and (c), to be removed from class and placed in a disciplinary alternative education program under Section 37.008: (1) if the student engages in conduct that contains the elements of certain offenses; or (2) creates this subdivision from existing text and makes nonsubstantive changes. SECTION 7. Amends Section 37.007, Education Code, by amending Subsections (a) and (b) and adding Subsection (f-1), as follows: (a) Requires a student, except as provided by Subsection (k) (relating to prohibiting a student from being expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs at certain locations) and subject to the requirements of Section 37.009(a), to be expelled from a school if the student, on or off of school property, rather than on school property or while attending a school-sponsored or school-related activity: (1) makes no changes to this subdivision; (2) engages in conduct that contains the elements of the offense of: (A)-(D) makes no changes to these paragraphs; (E) kidnapping under Section 20.03 (Kidnapping), Penal Code, or aggravated kidnapping under Section 20.04 (Aggravated Kidnapping), Penal Code; (F) burglary under Section 30.02 (Burglary), Penal Code, robbery under Section 29.02 (Robbery), Penal Code, or aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code; (G)-(H) makes no changes to these paragraphs; or (I) makes a nonsubstantive change to this paragraph; or (3) makes a nonsubstantive change to this subdivision; (4) engages in conduct that contains the elements of an offense under Section 22.01(a)(1) (relating to providing that a person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse), 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 (Exhibition, Use, or Threat of Exhibition or Use of Firearms) of this code. (b) Authorizes a student to be expelled if the student: (1) makes no changes to this subdivision; (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) (relating to requiring a student to be expelled from a school if the student on or off school property engages in certain conduct if the conduct is punishable as a felony), sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of certain substances; (B) makes a nonsubstantive change to this paragraph; or (C) redesignates existing Paragraph (D) as Paragraph (C) and makes no further changes; (3) while within 300 feet of school property, rather than subject to Subsection (d) while within 300 feet of school property, as measured from any point on the school's real property boundary line, possesses a firearm, as defined by 18 U.S.C. Section 921, rather than engages in conduct specified by Subsection (a); or (4) redesignates existing Subdivision (5) as Subdivision (4) and makes no further changes. Deletes existing text authorizing a student to be expelled if the student, 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, 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 engages in conduct that contains the elements of any offense listed in certain provisions of Subsection (a) 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. Makes nonsubstantive changes. (f-1) Authorizes a school district to place a student expelled under this section in a virtual or in-person disciplinary alternative education program or a juvenile justice alternative education program. SECTION 8. Amends Section 37.0081(a-1), Education Code, to make a conforming change. SECTION 9. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.0083, as follows: Sec. 37.0083. VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) Authorizes the board of trustees of a school district, or the board's designee, to place a student who has been expelled under Section 37.007 in a virtual disciplinary alternative education program established by the district and provide virtual instruction and instructional materials for remote learning to the student. (b) Requires a student placed in a virtual disciplinary alternative education program to be counted toward the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. (c) Prohibits a school district from requiring a teacher who provides virtual instruction to students in a virtual disciplinary alternative education program to provide virtual instruction and in-class instruction for a course during the same class period. (d) Prohibits a teacher from providing instruction for a virtual disciplinary alternative education program course unless the teacher has completed a professional development course on virtual instruction. (e) Requires the commissioner to adopt rules as necessary to implement this section, including rules providing for a method of taking attendance for students placed in a virtual disciplinary alternative education program. SECTION 10. Amends Section 37.009, Education Code, by adding Subsection (f-1) to authorize the board of trustees of a school district or the board's designee to order the placement of a student expelled under Section 37.007 in an alternative education program as provided by Subsection (f-1) of that section. SECTION 11. Amends Section 37.010, Education Code, by adding Subsection (c-1), as follows: (c-1) Provides that this subsection applies to a juvenile court in a county that operates a program under Section 37.011 (Juvenile Justice Alternative Education Program). Authorizes a court, notwithstanding certain provisions, to order a student expelled under Section 37.007 to attend a school district's virtual disciplinary alternative education program, if the district has established a virtual disciplinary alternative education program under Section 37.0083 and the county's juvenile justice alternative education program under Section 37.011 has no available positions for the grade level in which the student is enrolled. SECTION 12. Amends Sections 37.011(b), (h), and (k), Education Code, as follows: (b) Deletes existing text requiring the juvenile court, the juvenile board, or the juvenile board's designee, as appropriate, if a student admitted into the public schools of a school district under Section 25.001(b) (relating to requiring the board of trustees of a school district or its designee to admit into the public schools of the district free of tuition certain persons under certain conditions) is expelled from school for conduct for which expulsion is required under Section 37.007(d), to perform certain actions. (h) Makes a conforming change to this subsection. (k) Makes a conforming change to this subsection. SECTION 13. Amends Section 37.015(a), Education Code, to make a conforming change. SECTION 14. Amends Section 37.019, Education Code, by adding Subsection (b-1) to authorize the principal or the principal's designee to order the emergency placement or expulsion of a student under Section 37.019 (Emergency Placement or Expulsion) based on a single incident of behavior by the student. SECTION 15. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.028, as follows: Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY MEASURES PROHIBITED. (a) Prohibits TEA from withholding any state funding or imposing 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) Prohibits this section from being construed to limit TEA 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 16. Amends Section 37.115(d), Education Code, as follows: (d) Authorizes a threat assessment and safe and supportive school team (team) to serve more than one campus of a school district, provided that: (1) creates this subdivision from existing text and makes a nonsubstantive change; and (2) in serving a particular campus, the team includes the person designated to serve as the campus behavior coordinator under Section 37.0012 (Designation of Campus Behavior Coordinator) for that campus. SECTION 17. Amends Subchapter F, Chapter 38, Education Code, by adding Section 38.2545, as follows: Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH TELEMEDICINE. (a) Defines "consortium" and "program." (b) Requires a school district, if the Texas Child Mental Health Care Consortium (consortium) makes available mental health services to the district through the Texas Child Mental Health Access through Telemedicine program (program), to offer to each student enrolled in the district access to those mental health services. (c) Prohibits a school district from providing 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 (Consent Required for Services to Minor), Health and Safety Code. (d) Prohibits a school district from requiring a student to participate in any service provided under Subsection (b) or allowing 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) Requires TEA, before the beginning of each school year, to determine at which school districts the program is available and verify that each of those school districts is in compliance with Subsection (b). (f) Provides that the 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). Prohibits a school district from sharing 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) Requires the program to 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 18. Amends Section 113.0251, Health and Safety Code, as follows: Sec. 113.0251. BIENNIAL REPORT. Requires the consortium, not later than December 1 of each even-numbered year, to 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)-(2) makes no changes to these subdivisions; (3) during the preceding two years, the percentage of participants in the program operated by the consortium who met certain criteria; (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) redesignates existing Subdivision (3) as Subdivision (5) and makes no further changes. SECTION 19. Repealers: Sections 37.007(d) (relating to requiring a student to be expelled if the student engages in conduct that contains the elements of certain offenses and authorizing a student to be expelled if the student engages in conduct that contains the elements of certain offenses against any employee or volunteer in retaliation for or as a result of the person's employment or association with school property) and (i) (relating to authorizing a person who engages in conduct described by Subsection (a) to be expelled from school if the student engages in that conduct at certain locations), Education Code. SECTION 20. (a) Requires TEA, not later than the first day of the 20252026 school year, to prepare and provide to each school district a report identifying each law relating to school discipline that was amended or added by the 89th Legislature, Regular Session, 2025. (b) Requires a school district to provide to each student and the parent of or person standing in parental relation to the student the report prepared under Subsection (a) of this section. SECTION 21. Provides that 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 22. Provides that Section 22.05121, Education Code, as added by this Act, applies to a disciplinary proceeding for conduct that occurs before, on, or after the effective date of this Act, except that a disciplinary proceeding finally resolved before the effective date of this Act is unaffected by this Act. SECTION 23. Requires a school district, notwithstanding Sections 38.2545(d)(2) and (f), Education Code, as added by this Act, to 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 24. Provides that this Act applies beginning with the 20252026 school year. SECTION 25. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1871
89R22151 MEW-D By: Perry et al.
Education K-16
4/3/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1871
89R22151 MEW-D
By: Perry et al.
Education K-16
4/3/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In recent years there has been a steady increase in assaults on school employees, and school related threats. As a result, many parents, teachers, and school administrators have raised concerns that violent and threatening students are regularly placing public schools at risk of harm. Additionally, the current discipline processes are often insufficient to address these dangerous student behaviors. Furthermore, there has also been a steady rise in the number of students who are engaging in classroom disruptions and inappropriate behaviors. These disruptions are impeding both the ability of teachers to teach and of students to learn. The proposed legislation amends Chapter 37 of the Education Code to provide teachers and schools with additional tools to address students who engage in dangerous or disruptive behaviors. (Original Author's/Sponsor's Statement of Intent)
In recent years there has been a steady increase in assaults on school employees, and school related threats. As a result, many parents, teachers, and school administrators have raised concerns that violent and threatening students are regularly placing public schools at risk of harm. Additionally, the current discipline processes are often insufficient to address these dangerous student behaviors.
Furthermore, there has also been a steady rise in the number of students who are engaging in classroom disruptions and inappropriate behaviors. These disruptions are impeding both the ability of teachers to teach and of students to learn.
The proposed legislation amends Chapter 37 of the Education Code to provide teachers and schools with additional tools to address students who engage in dangerous or disruptive behaviors.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1871 amends current law relating to discipline management and access to telehealth mental health services in public schools.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the commissioner of education in SECTION 9 (Section 37.0083, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 12A.004(a), Education Code, to prohibit a local innovation plan from providing for the exemption of a district designated as a district of innovation from certain provisions of Title 2 (Public Education), including Chapter 37 (Discipline; Law and Order), and to make a nonsubstantive change.
SECTION 2. Amends Subchapter B, Chapter 22, Education Code, by adding Section 22.05121, as follows:
Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a) Defines "disciplinary proceeding."
(b) Prohibits a professional employee of a school district from being subject to disciplinary proceedings for the reporting of a violation of Chapter 37 to another professional employee of a school district, the Texas Education Agency (TEA), or for an action taken in good faith to remove a student from class under Section 37.002 (Removal by Teacher).
(c) Provides that the immunity provided by Subsection (b) is in addition to any other immunity provided by law. Prohibits this section from being construed to interfere with any other immunity provided by law.
SECTION 3. Amends Section 37.0012, Education Code, by amending Subsection (a) and adding Subsections (a-1) and (b-1), as follows:
(a) Requires a single person at each campus to be designated to serve as the campus behavior coordinator.
(a-1) Authorizes additional school staff members to 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 Subchapter A (Alternative Settings for Behavior Management) are appropriately implemented.
(b-1) Requires the campus behavior coordinator to:
(1) monitor disciplinary referrals;
(2) report to the campus's threat assessment and safe and supportive school team established under Section 37.115 (Threat Assessment and Safe and Supportive School Program and Team) any student who engages in conduct that contains the elements of certain offenses under the Penal Code and Education 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 4. Amends Section 37.002, Education Code, by amending Subsections (b), (c), and (d) and adding Subsections (b-2), (b-3) (c-1), (c-2), (f), and (g), as follows:
(b) Authorizes a teacher to remove from class a student who:
(1) repeatedly 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;
(2) demonstrates 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 (Bullying Prevention Policies and Procedures).
Deletes existing text authorizing a teacher to remove from class a student 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 whose behavior the teacher 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) Requires a teacher, campus behavior coordinator, or other appropriate administrator to notify a parent or person standing in parental relation to a student of the removal of a student under Section 37.002.
(b-3) Authorizes a teacher, subject to certain provisions, to 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) Prohibits the principal from returning the student to a teacher's class without the teacher's written consent unless the committee established under Section 37.003 (Placement Review Committee) 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) (relating to requiring the campus behavior coordinator or other appropriate administrator to schedule a conference among certain persons). Prohibits the principal from returning the student to that teacher's class unless the teacher provides written consent for the student's return or a return to class plan has been prepared for that student. Authorizes the principal to only designate an employee of the school whose primary duties do not include classroom instruction to create a return to class plan.
(c-1) Requires that a return to class plan required under Subsection (c) be created before or at the conference described by that subsection. Requires that a plan created before the conference be discussed at the conference.
(c-2) Requires the commissioner of education (commissioner) to adopt a model return to class plan for use by a school district in creating a return to class plan for a student under Subsection (c).
(d) Prohibits a student who engaged in conduct described under Sections 37.006 (Removal for Certain Conduct) or 37.007 (Expulsion for Serious Offenses) from being returned to a 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). Deletes existing text prohibiting a student, if the teacher removed the student from class because the student had engaged in the elements of any offense listed in Section 37.006(a)(2)(B) (relating to conduct that contains the elements of the offense of assault) against the teacher, from being returned to the teacher's class without the teacher's consent. Makes a nonsubstantive change.
(f) Authorizes a student to appeal the student's removal from class under this section to the school's placement review committee established under Section 37.003 or 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) Provides that Section 37.004 (Placement of Students with Disabilities) applies to the removal or placement under this section of a student with a disability who receives special education services.
SECTION 5. Amends Section 37.005, Education Code, by amending Subsections (a), (b), (c), and (d) and adding Subsection (b-1), as follows:
(a) Authorizes the principal or other appropriate administrator to suspend a student who engages in conduct identified in the student code of conduct adopted under Section 37.001 (Student Code of Conduct) as conduct for which a student is authorized to be subject to an in-school or out-of-school suspension, rather than suspended.
(b) Prohibits an out-of-school suspension under this section from exceeding three school days. Provides that an in-school suspension under Section 37.005 (Suspension) is not subject to any time limit. Makes a nonsubstantive change.
(b-1) Requires the committee to review the in-school suspension of a student under this section at least once every fifteen school days after the date the suspension begins to evaluate the educational progress of the student and to determine if continued in-school suspension is appropriate. Requires the committee, if the committee determines that continued in-school suspension is appropriate, to document the determination.
(c) Prohibits a student who is enrolled in a grade level below grade three from being placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in:
(1) makes no changes to this subdivision;
(2) conduct that threatens the immediate health and safety of other students in the classroom;
(3) conduct that results in repeated or significant disruption to the classroom, rather than conduct that contains the elements of a violent offense under certain provisions of the Penal Code; or
(4) redesignates existing Subdivision (3) as Subdivision (4) and makes no further changes.
(d) Makes a nonsubstantive change to this subsection.
SECTION 6. Amends Sections 37.006(a), (b), (c), and (d), Education Code, as follows:
(a) Requires a student, subject to the requirements of Section 37.009(a), to be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 (Disciplinary Alternative Education Programs) if the student:
(1) makes no changes to this subdivision; 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) except as provided by Section 37.007(a), engages in conduct punishable as a felony;
(B) makes no changes to this paragraph;
(C) except as provided by Section 37.007(a)(3) (relating to requiring a student to 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 engages in certain conduct if the conduct is punishable as a felony), sells, gives, or delivers to another person or possesses or uses or is under the influence of certain drugs; or
(C-1)-(G) makes no changes to these paragraphs.
(b) Requires a student to 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 (School District Volunteers) that contains the elements of certain offenses, including harassment under Section 42.07 (Harassment), Penal Code, rather than against any school employee. Deletes existing text of Section 37.007(d) (relating to requiring a student to be expelled if the student engages in certain conduct and authorizing a student to be expelled if the student engages in certain conduct against any employee or volunteer in retaliation for or as a result of the person's employment or association of school property). Makes nonsubstantive changes.
(c) Requires a student, in addition to Subsections (a) and (b), to be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:
(1) the student receives deferred prosecution under Section 53.03 (Deferred Prosecution), Family Code, for conduct defined as any of the following offenses under the Penal Code:
(A) makes nonsubstantive changes to this paragraph;
(B) the offense of deadly conduct under Section 22.05 (Deadly Conduct);
(C) creates this paragraph from existing text and makes a nonsubstantive change; or
(D) the offense of disorderly conduct involving a firearm under certain provisions;
(2) a court or jury finds that the student has engaged in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined as an offense listed in Subdivision (1), rather than certain felony offenses under the Penal Code; or
(3) makes conforming changes to this paragraph.
(d) Authorizes a student, in addition to Subsections (a), (b), and (c), to be removed from class and placed in a disciplinary alternative education program under Section 37.008:
(1) if the student engages in conduct that contains the elements of certain offenses; or
(2) creates this subdivision from existing text and makes nonsubstantive changes.
SECTION 7. Amends Section 37.007, Education Code, by amending Subsections (a) and (b) and adding Subsection (f-1), as follows:
(a) Requires a student, except as provided by Subsection (k) (relating to prohibiting a student from being expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs at certain locations) and subject to the requirements of Section 37.009(a), to be expelled from a school if the student, on or off of school property, rather than on school property or while attending a school-sponsored or school-related activity:
(1) makes no changes to this subdivision;
(2) engages in conduct that contains the elements of the offense of:
(A)-(D) makes no changes to these paragraphs;
(E) kidnapping under Section 20.03 (Kidnapping), Penal Code, or aggravated kidnapping under Section 20.04 (Aggravated Kidnapping), Penal Code;
(F) burglary under Section 30.02 (Burglary), Penal Code, robbery under Section 29.02 (Robbery), Penal Code, or aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;
(G)-(H) makes no changes to these paragraphs; or
(I) makes a nonsubstantive change to this paragraph; or
(3) makes a nonsubstantive change to this subdivision;
(4) engages in conduct that contains the elements of an offense under Section 22.01(a)(1) (relating to providing that a person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse), 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 (Exhibition, Use, or Threat of Exhibition or Use of Firearms) of this code.
(b) Authorizes a student to be expelled if the student:
(1) makes no changes to this subdivision;
(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) (relating to requiring a student to be expelled from a school if the student on or off school property engages in certain conduct if the conduct is punishable as a felony), sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of certain substances;
(B) makes a nonsubstantive change to this paragraph; or
(C) redesignates existing Paragraph (D) as Paragraph (C) and makes no further changes;
(3) while within 300 feet of school property, rather than subject to Subsection (d) while within 300 feet of school property, as measured from any point on the school's real property boundary line, possesses a firearm, as defined by 18 U.S.C. Section 921, rather than engages in conduct specified by Subsection (a); or
(4) redesignates existing Subdivision (5) as Subdivision (4) and makes no further changes.
Deletes existing text authorizing a student to be expelled if the student, 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, 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 engages in conduct that contains the elements of any offense listed in certain provisions of Subsection (a) 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. Makes nonsubstantive changes.
(f-1) Authorizes a school district to place a student expelled under this section in a virtual or in-person disciplinary alternative education program or a juvenile justice alternative education program.
SECTION 8. Amends Section 37.0081(a-1), Education Code, to make a conforming change.
SECTION 9. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.0083, as follows:
Sec. 37.0083. VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) Authorizes the board of trustees of a school district, or the board's designee, to place a student who has been expelled under Section 37.007 in a virtual disciplinary alternative education program established by the district and provide virtual instruction and instructional materials for remote learning to the student.
(b) Requires a student placed in a virtual disciplinary alternative education program to be counted toward the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program.
(c) Prohibits a school district from requiring a teacher who provides virtual instruction to students in a virtual disciplinary alternative education program to provide virtual instruction and in-class instruction for a course during the same class period.
(d) Prohibits a teacher from providing instruction for a virtual disciplinary alternative education program course unless the teacher has completed a professional development course on virtual instruction.
(e) Requires the commissioner to adopt rules as necessary to implement this section, including rules providing for a method of taking attendance for students placed in a virtual disciplinary alternative education program.
SECTION 10. Amends Section 37.009, Education Code, by adding Subsection (f-1) to authorize the board of trustees of a school district or the board's designee to order the placement of a student expelled under Section 37.007 in an alternative education program as provided by Subsection (f-1) of that section.
SECTION 11. Amends Section 37.010, Education Code, by adding Subsection (c-1), as follows:
(c-1) Provides that this subsection applies to a juvenile court in a county that operates a program under Section 37.011 (Juvenile Justice Alternative Education Program). Authorizes a court, notwithstanding certain provisions, to order a student expelled under Section 37.007 to attend a school district's virtual disciplinary alternative education program, if the district has established a virtual disciplinary alternative education program under Section 37.0083 and the county's juvenile justice alternative education program under Section 37.011 has no available positions for the grade level in which the student is enrolled.
SECTION 12. Amends Sections 37.011(b), (h), and (k), Education Code, as follows:
(b) Deletes existing text requiring the juvenile court, the juvenile board, or the juvenile board's designee, as appropriate, if a student admitted into the public schools of a school district under Section 25.001(b) (relating to requiring the board of trustees of a school district or its designee to admit into the public schools of the district free of tuition certain persons under certain conditions) is expelled from school for conduct for which expulsion is required under Section 37.007(d), to perform certain actions.
(h) Makes a conforming change to this subsection.
(k) Makes a conforming change to this subsection.
SECTION 13. Amends Section 37.015(a), Education Code, to make a conforming change.
SECTION 14. Amends Section 37.019, Education Code, by adding Subsection (b-1) to authorize the principal or the principal's designee to order the emergency placement or expulsion of a student under Section 37.019 (Emergency Placement or Expulsion) based on a single incident of behavior by the student.
SECTION 15. Amends Subchapter A, Chapter 37, Education Code, by adding Section 37.028, as follows:
Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY MEASURES PROHIBITED. (a) Prohibits TEA from withholding any state funding or imposing 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) Prohibits this section from being construed to limit TEA 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 16. Amends Section 37.115(d), Education Code, as follows:
(d) Authorizes a threat assessment and safe and supportive school team (team) to serve more than one campus of a school district, provided that:
(1) creates this subdivision from existing text and makes a nonsubstantive change; and
(2) in serving a particular campus, the team includes the person designated to serve as the campus behavior coordinator under Section 37.0012 (Designation of Campus Behavior Coordinator) for that campus.
SECTION 17. Amends Subchapter F, Chapter 38, Education Code, by adding Section 38.2545, as follows:
Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH TELEMEDICINE. (a) Defines "consortium" and "program."
(b) Requires a school district, if the Texas Child Mental Health Care Consortium (consortium) makes available mental health services to the district through the Texas Child Mental Health Access through Telemedicine program (program), to offer to each student enrolled in the district access to those mental health services.
(c) Prohibits a school district from providing 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 (Consent Required for Services to Minor), Health and Safety Code.
(d) Prohibits a school district from requiring a student to participate in any service provided under Subsection (b) or allowing 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) Requires TEA, before the beginning of each school year, to determine at which school districts the program is available and verify that each of those school districts is in compliance with Subsection (b).
(f) Provides that the 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). Prohibits a school district from sharing 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) Requires the program to 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 18. Amends Section 113.0251, Health and Safety Code, as follows:
Sec. 113.0251. BIENNIAL REPORT. Requires the consortium, not later than December 1 of each even-numbered year, to 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)-(2) makes no changes to these subdivisions;
(3) during the preceding two years, the percentage of participants in the program operated by the consortium who met certain criteria;
(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) redesignates existing Subdivision (3) as Subdivision (5) and makes no further changes.
SECTION 19. Repealers: Sections 37.007(d) (relating to requiring a student to be expelled if the student engages in conduct that contains the elements of certain offenses and authorizing a student to be expelled if the student engages in conduct that contains the elements of certain offenses against any employee or volunteer in retaliation for or as a result of the person's employment or association with school property) and (i) (relating to authorizing a person who engages in conduct described by Subsection (a) to be expelled from school if the student engages in that conduct at certain locations), Education Code.
SECTION 20. (a) Requires TEA, not later than the first day of the 20252026 school year, to prepare and provide to each school district a report identifying each law relating to school discipline that was amended or added by the 89th Legislature, Regular Session, 2025.
(b) Requires a school district to provide to each student and the parent of or person standing in parental relation to the student the report prepared under Subsection (a) of this section.
SECTION 21. Provides that 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 22. Provides that Section 22.05121, Education Code, as added by this Act, applies to a disciplinary proceeding for conduct that occurs before, on, or after the effective date of this Act, except that a disciplinary proceeding finally resolved before the effective date of this Act is unaffected by this Act.
SECTION 23. Requires a school district, notwithstanding Sections 38.2545(d)(2) and (f), Education Code, as added by this Act, to 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 24. Provides that this Act applies beginning with the 20252026 school year.
SECTION 25. Effective date: upon passage or September 1, 2025.