Texas 2025 - 89th Regular

Texas Senate Bill SB1871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 1871
2		-
3		-
	1	+	By: Perry, Creighton, Sparks S.B. No. 1871
	2	+	(In the Senate - Filed March 4, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Education K-16;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1871 By: Bettencourt
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to discipline management and access to telehealth mental
9	14		health services in public schools.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 12A.004(a), Education Code, is amended
12	17		to read as follows:
13	18		(a) A local innovation plan may not provide for the
14	19		exemption of a district designated as a district of innovation from
15	20		the following provisions of this title:
16	21		(1) a state or federal requirement applicable to an
17	22		open-enrollment charter school operating under Subchapter D,
18	23		Chapter 12;
19	24		(2) Subchapters A, C, D, and E, Chapter 11, except that
20	25		a district may be exempt from Sections 11.1511(b)(5) and (14) and
21	26		Section 11.162;
22	27		(3) state curriculum and graduation requirements
23	28		adopted under Chapter 28;
24	29		(4) Chapter 37; and
25	30		(5) [(4)] academic and financial accountability and
26	31		sanctions under Chapters 39 and 39A.
27	32		SECTION 2. Subchapter B, Chapter 22, Education Code, is
28	33		amended by adding Section 22.05121 to read as follows:
29	34		Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
30	35		ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a) In this
31	36		section, "disciplinary proceeding" means:
32	37		(1) an action brought by the school district employing
33	38		a professional employee of a school district to discharge or
34	39		suspend the employee or terminate or not renew the employee's term
35	40		contract; or
36	41		(2) an action or proceeding brought by the State Board
37	42		for Educator Certification.
38	43		(b) A professional employee of a school district may not be
39	44		subject to disciplinary proceedings for:
40	45		(1) the reporting of a violation of Chapter 37 to
41	46		another professional employee of a school district, the agency, or
42	47		a law enforcement agency; or
43	48		(2) an action taken in good faith to remove a student
44	49		from class under Section 37.002.
45	50		(c) The immunity provided by Subsection (b) is in addition
46	51		to any other immunity provided by law. This section may not be
47	52		construed to interfere with any other immunity provided by law.
48	53		SECTION 3. Section 37.0012, Education Code, is amended by
49	54		amending Subsection (a) and adding Subsections (a-1) and (b-1) to
50	55		read as follows:
51	56		(a) A single person at each campus must be designated to
52	57		serve as the campus behavior coordinator. The person designated
53	58		may be the principal of the campus or any other campus administrator
54	59		selected by the principal.
55	60		(a-1) Additional school staff members may assist the campus
56	61		behavior coordinator in the performance of the campus behavior
57	62		coordinator's duties, provided that the campus behavior
58	63		coordinator personally verifies that all aspects of this subchapter
59	64		are appropriately implemented.
60	65		(b-1) The campus behavior coordinator shall:
61	66		(1) monitor disciplinary referrals;
62	67		(2) report to the campus's threat assessment and safe
63	68		and supportive school team established under Section 37.115 any
64	69		student who engages in conduct that contains the elements of:
65	70		(A) the offense of terroristic threat under
66	71		Section 22.07, Penal Code;
67	72		(B) the offense of unlawfully carrying weapons
68	73		under Section 46.02, Penal Code;
69	74		(C) an offense relating to prohibited weapons
70	75		under Section 46.05, Penal Code; or
71	76		(D) the offense of exhibiting, using, or
72	77		threatening to exhibit or use a firearm under Section 37.125 of this
73	78		code; and
74	79		(3) report to the campus's threat assessment and safe
75	80		and supportive school team established under Section 37.115 any
76	81		concerning student behaviors or behavioral trends that may pose a
77	82		serious risk of violence to the student or others.
78	83		SECTION 4. Section 37.002, Education Code, is amended by
79	84		amending Subsections (b), (c), and (d) and adding Subsections
80		-	(b-2), (b-3), (c-1), (c-2), (c-3), (f), (f-1), and (g) to read as
81		-	follows:
	85	+	(b-2), (b-3), (c-1), (c-2), (f), and (g) to read as follows:
82	86		(b) A teacher may remove from class a student who:
83	87		(1) repeatedly interferes [who has been documented by
84	88		the teacher to repeatedly interfere] with the teacher's ability to
85	89		communicate effectively with the students in the class or with the
86	90		ability of the student's classmates to learn; [or]
87	91		(2) demonstrates [whose] behavior that is unruly,
88	92		disruptive, or abusive toward the teacher, another adult, or
89	93		another student; or
90	94		(3) engages in conduct that constitutes bullying, as
91	95		defined by Section 37.0832 [determines is so unruly, disruptive, or
92	96		abusive that it seriously interferes with the teacher's ability to
93	97		communicate effectively with the students in the class or with the
94	98		ability of the student's classmates to learn].
95	99		(b-2) A teacher, campus behavior coordinator, or other
96	100		appropriate administrator shall notify a parent or person standing
97	101		in parental relation to a student of the removal of a student under
98	102		this section.
99	103		(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher
100	104		may remove a student from class under Subsection (b) of this section
101	105		based on a single incident of behavior described by Subsection
102	106		(b)(1), (2), or (3).
103	107		(c) If a teacher removes a student from class under
104		-	Subsection (b), the principal or campus behavior coordinator may
105		-	place the student into a school-based behavioral support setting,
106		-	into another appropriate classroom, into in-school suspension, or
107		-	into a disciplinary alternative education program as provided by
108		-	Section 37.008. The principal may not return the student to that
109		-	teacher's class without the teacher's written consent unless the
110		-	committee established under Section 37.003 determines that such
111		-	placement is the best or only alternative available and, not later
112		-	than the third class day after the day on which the student was
113		-	removed from class, a conference in which the teacher has been
114		-	provided an opportunity to participate has been held in accordance
115		-	with Section 37.009(a). The principal may not return the student to
116		-	that teacher's class unless the teacher provides written consent
117		-	for the student's return or a return to class plan has been prepared
118		-	for that student. The principal may only designate an employee of
119		-	the school whose primary duties do not include classroom
120		-	instruction to create a return to class plan. The terms of the
121		-	removal may prohibit the student from attending or participating in
122		-	school-sponsored or school-related activity.
	108	+	Subsection (b), the principal may place the student into another
	109	+	appropriate classroom, into in-school suspension, or into a
	110	+	disciplinary alternative education program as provided by Section
	111	+	37.008. The principal may not return the student to that teacher's
	112	+	class without the teacher's written consent unless the committee
	113	+	established under Section 37.003 determines that such placement is
	114	+	the best or only alternative available and, not later than the third
	115	+	class day after the day on which the student was removed from class,
	116	+	a conference in which the teacher has been provided an opportunity
	117	+	to participate has been held in accordance with Section 37.009(a).
	118	+	The principal may not return the student to that teacher's class
	119	+	unless the teacher provides written consent for the student's
	120	+	return or a return to class plan has been prepared for that student.
	121	+	The principal may only designate an employee of the school whose
	122	+	primary duties do not include classroom instruction to create a
	123	+	return to class plan. The terms of the removal may prohibit the
	124	+	student from attending or participating in school-sponsored or
	125	+	school-related activity.
123	126		(c-1) A return to class plan required under Subsection (c)
124	127		must be created before or at the conference described by that
125	128		subsection. A plan created before the conference must be discussed
126	129		at the conference.
127	130		(c-2) The commissioner shall adopt a model return to class
128	131		plan for use by a school district in creating a return to class plan
129	132		for a student under Subsection (c).
130		-	(c-3) The principal or campus behavior coordinator must
131		-	consider whether a student removed from class under Subsection (b)
132		-	may be placed into a school-based behavioral support setting
133		-	designed to address the student's physical, mental, or behavioral
134		-	health needs before making a determination to place the student in
135		-	another placement setting described by Subsection (c).
136	133		(d) A teacher shall remove from class and send to the
137	134		principal for placement in a disciplinary alternative education
138	135		program or for expulsion, as appropriate, a student who engages in
139	136		conduct described under Section 37.006 or 37.007. The student may
140	137		not be returned to that teacher's class without the teacher's
141	138		written consent unless the committee established under Section
142	139		37.003 determines that such placement is the best or only
143	140		alternative available and a conference in which the teacher has
144	141		been provided an opportunity to participate has been held in
145	142		accordance with Section 37.009(a). If the teacher removed the
146	143		student from class because the student has engaged in the elements
147	144		of any offense listed in [Section 37.006(a)(2)(B) or] Section
148	145		37.007(a)(2)(A) or (a)(4) [(b)(2)(C)] against the teacher, the
149	146		student may not be returned to the teacher's class without the
150	147		teacher's consent. The teacher may not be coerced to consent.
151	148		(f) A student may appeal the student's removal from class
152	149		under this section to:
153	150		(1) the school's placement review committee
154	151		established under Section 37.003; or
155	152		(2) the campus's threat assessment and safe and
156	153		supportive school team established under Section 37.115, in
157	154		accordance with a district policy providing for such an appeal to be
158	155		made to the team.
159		-	(f-1) The principal, campus behavior coordinator, or other
160		-	appropriate administrator shall, at the conference required under
161		-	Section 37.009(a), notify a student who has been removed from class
162		-	under this section and the parent of or person standing in parental
163		-	relation to the student of the student's right to appeal under
164		-	Subsection (f).
165	156		(g) Section 37.004 applies to the removal or placement under
166	157		this section of a student with a disability who receives special
167	158		education services.
168	159		SECTION 5. Section 37.005, Education Code, is amended by
169	160		amending Subsections (a), (b), (c), and (d) and adding Subsection
170	161		(b-1) to read as follows:
171	162		(a) The principal or other appropriate administrator may
172	163		suspend a student who engages in conduct identified in the student
173	164		code of conduct adopted under Section 37.001 as conduct for which a
174	165		student may be subject to an in-school or out-of-school suspension
175	166		[suspended].
176	167		(b) An out-of-school [A] suspension under this section may
177	168		not exceed three school days. An in-school suspension under this
178	169		section is not subject to any time limit.
179	170		(b-1) A school's placement review committee shall review
180	171		the in-school suspension of a student under this section at least
181	172		once every fifteen school days after the date the suspension begins
182	173		to evaluate the educational progress of the student and to
183	174		determine if continued in-school suspension is appropriate. If the
184	175		placement review committee determines that continued in-school
185	176		suspension is appropriate, the committee shall document the
186	177		determination.
187	178		(c) A student who is enrolled in a grade level below grade
188	179		three may not be placed in out-of-school suspension unless while on
189	180		school property or while attending a school-sponsored or
190	181		school-related activity on or off of school property, the student
191	182		engages in:
192	183		(1) conduct that contains the elements of an offense
193	184		related to weapons under Section 46.02 or 46.05, Penal Code;
194	185		(2) conduct that threatens the immediate health and
195	186		safety of other students in the classroom;
196	187		(3) conduct that results in repeated or significant
197	188		disruption to the classroom [contains the elements of a violent
198	189		offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code];
199	190		or
200	191		(4) [(3)] selling, giving, or delivering to another
201	192		person or possessing, using, or being under the influence of any
202	193		amount of:
203	194		(A) marihuana or a controlled substance, as
204	195		defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
205	196		Section 801 et seq.;
206	197		(B) a dangerous drug, as defined by Chapter 483,
207	198		Health and Safety Code; or
208	199		(C) an alcoholic beverage, as defined by Section
209	200		1.04, Alcoholic Beverage Code.
210	201		(d) A school district or open-enrollment charter school may
211	202		not place a student who is homeless in out-of-school suspension
212	203		unless the student engages in conduct described by Subsections
213	204		(c)(1)-(4) [(c)(1)-(3)] while on school property or while attending
214	205		a school-sponsored or school-related activity on or off of school
215	206		property. The campus behavior coordinator may coordinate with the
216	207		school district's homeless education liaison to identify
217	208		appropriate alternatives to out-of-school suspension for a student
218	209		who is homeless. In this subsection, "student who is homeless" has
219	210		the meaning assigned to the term "homeless children and youths"
220	211		under 42 U.S.C. Section 11434a.
221		-	SECTION 6. Section 37.006, Education Code, is amended by
222		-	amending Subsections (a), (b), (c), and (d) and adding Subsection
223		-	(d-1) to read as follows:
	212	+	SECTION 6. Sections 37.006(a), (b), (c), and (d), Education
	213	+	Code, are amended to read as follows:
224	214		(a) Subject to the requirements of Section 37.009(a), a
225	215		student shall be removed from class and placed in a disciplinary
226	216		alternative education program as provided by Section 37.008 if the
227	217		student:
228	218		(1) engages in conduct involving a public school that
229	219		contains the elements of the offense of false alarm or report under
230	220		Section 42.06, Penal Code, or terroristic threat under Section
231	221		22.07, Penal Code; or
232	222		(2) commits the following on or within 300 feet of
233	223		school property, as measured from any point on the school's real
234	224		property boundary line, or while attending a school-sponsored or
235	225		school-related activity on or off of school property:
236	226		(A) except as provided by Section 37.007(a),
237	227		engages in conduct punishable as a felony;
238	228		(B) engages in conduct that contains the elements
239	229		of the offense of assault under Section 22.01(a)(1), Penal Code;
240	230		(C) except as provided by Section 37.007(a)(3),
241	231		sells, gives, or delivers to another person or possesses or uses or
242	232		is under the influence of:
243	233		(i) a controlled substance, as defined by
244	234		Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
245	235		seq., excluding marihuana, as defined by Section 481.002, Health
246	236		and Safety Code, or tetrahydrocannabinol, as defined by rule
247	237		adopted under Section 481.003 of that code; or
248	238		(ii) a dangerous drug, as defined by
249	239		Chapter 483, Health and Safety Code;
250	240		(C-1) possesses, uses, or is under the influence
251	241		of, or sells, gives, or delivers to another person marihuana, as
252	242		defined by Section 481.002, Health and Safety Code, or
253	243		tetrahydrocannabinol, as defined by rule adopted under Section
254	244		481.003 of that code;
255	245		(C-2) possesses, uses, sells, gives, or delivers
256	246		to another person an e-cigarette, as defined by Section 161.081,
257	247		Health and Safety Code;
258	248		(D) sells, gives, or delivers to another person
259	249		an alcoholic beverage, as defined by Section 1.04, Alcoholic
260	250		Beverage Code, commits a serious act or offense while under the
261	251		influence of alcohol, or possesses, uses, or is under the influence
262	252		of an alcoholic beverage;
263	253		(E) engages in conduct that contains the elements
264	254		of an offense relating to an abusable volatile chemical under
265	255		Sections 485.031 through 485.034, Health and Safety Code;
266	256		(F) engages in conduct that contains the elements
267	257		of the offense of public lewdness under Section 21.07, Penal Code,
268	258		or indecent exposure under Section 21.08, Penal Code; or
269	259		(G) engages in conduct that contains the elements
270	260		of the offense of harassment under Section 42.07(a)(1), (2), (3),
271	261		or (7), Penal Code, against an employee of the school district.
272	262		(b) A [Except as provided by Section 37.007(d), a] student
273	263		shall be removed from class and placed in a disciplinary
274	264		alternative education program under Section 37.008 if the student
275	265		engages in conduct on or off of school property against any school
276	266		employee or volunteer as defined by Section 22.053 that contains
277	267		the elements of the offense of:
278	268		(1) retaliation under Section 36.06, Penal Code; or
279	269		(2) harassment under Section 42.07, Penal Code[,
280	270		against any school employee].
281	271		(c) In addition to Subsections (a) and (b), a student shall
282	272		be removed from class and placed in a disciplinary alternative
283	273		education program under Section 37.008 based on conduct occurring
284	274		off campus and while the student is not in attendance at a
285	275		school-sponsored or school-related activity if:
286	276		(1) the student receives deferred prosecution under
287	277		Section 53.03, Family Code, for conduct defined as any of the
288	278		following offenses under the Penal Code:
289	279		(A) a felony offense under [in] Title 5[, Penal
290	280		Code]; [or]
291	281		(B) the offense of deadly conduct under Section
292	282		22.05;
293	283		(C) the felony offense of aggravated robbery
294	284		under Section 29.03[, Penal Code]; or
295	285		(D) the offense of disorderly conduct involving a
296	286		firearm under Section 42.01(a)(7) or (8);
297	287		(2) a court or jury finds that the student has engaged
298	288		in delinquent conduct under Section 54.03, Family Code, for conduct
299	289		defined as an offense listed in Subdivision (1)[:
300	290		[(A) a felony offense in Title 5, Penal Code; or
301	291		[(B) the felony offense of aggravated robbery
302	292		under Section 29.03, Penal Code]; or
303	293		(3) the superintendent or the superintendent's
304	294		designee has a reasonable belief that the student has engaged in a
305	295		conduct defined as an offense listed in Subdivision (1)[:
306	296		[(A) a felony offense in Title 5, Penal Code; or
307	297		[(B) the felony offense of aggravated robbery
308	298		under Section 29.03, Penal Code].
309	299		(d) In addition to Subsections (a), (b), and (c), a student
310	300		may be removed from class and placed in a disciplinary alternative
311	301		education program under Section 37.008:
312	302		(1) if the student:
313	303		(A) engages in conduct that contains the elements
314	304		of the offense of disruptive activities under Section 37.123; or
315		-	(B) except as provided by Subsection (d-1),
316		-	engages in conduct that contains the elements of the offense of
317		-	disruption of classes under Section 37.124, unless Subsection (d)
318		-	of that section applies to the student; or
	305	+	(B) engages in conduct that contains the elements
	306	+	of the offense of disruption of classes under Section 37.124,
	307	+	unless Subsection (d) of that section applies to the student; or
319	308		(2) based on conduct occurring off campus and while
320	309		the student is not in attendance at a school-sponsored or
321	310		school-related activity if:
322	311		(A) [(1)] the superintendent or the
323	312		superintendent's designee has a reasonable belief that the student
324	313		has engaged in conduct defined as a felony offense other than
325	314		aggravated robbery under Section 29.03, Penal Code, or those
326	315		offenses defined in Title 5, Penal Code; and
327	316		(B) [(2)] the continued presence of the student
328	317		in the regular classroom threatens the safety of other students or
329	318		teachers or will be detrimental to the educational process.
330		-	(d-1) A student may be removed from class under Subsection
331		-	(d)(1)(B) for conduct described by Section 37.124(c)(1)(A) only if
332		-	the conduct is wilful, repeated, and documented.
333	319		SECTION 7. Section 37.007, Education Code, is amended by
334	320		amending Subsections (a) and (b) and adding Subsection (f-1) to
335	321		read as follows:
336	322		(a) Except as provided by Subsection (k) and subject to the
337	323		requirements of Section 37.009(a), a student shall be expelled from
338	324		a school if the student, [on school property or while attending a
339	325		school-sponsored or school-related activity] on or off of school
340	326		property:
341	327		(1) engages in conduct that contains the elements of
342	328		the offense of unlawfully carrying weapons under Section 46.02,
343	329		Penal Code, or elements of an offense relating to prohibited
344	330		weapons under Section 46.05, Penal Code;
345	331		(2) engages in conduct that contains the elements of
346	332		the offense of:
347	333		(A) aggravated assault under Section 22.02,
348	334		Penal Code, sexual assault under Section 22.011, Penal Code, or
349	335		aggravated sexual assault under Section 22.021, Penal Code;
350	336		(B) arson under Section 28.02, Penal Code;
351	337		(C) murder under Section 19.02, Penal Code,
352	338		capital murder under Section 19.03, Penal Code, or criminal
353	339		attempt, under Section 15.01, Penal Code, to commit murder or
354	340		capital murder;
355	341		(D) indecency with a child under Section 21.11,
356	342		Penal Code;
357	343		(E) kidnapping under Section 20.03, Penal Code,
358	344		or aggravated kidnapping under Section 20.04, Penal Code;
359	345		(F) burglary under Section 30.02, Penal Code,
360	346		robbery under Section 29.02, Penal Code, or aggravated robbery
361	347		under Section 29.03, Penal Code;
362	348		(G) manslaughter under Section 19.04, Penal
363	349		Code;
364	350		(H) criminally negligent homicide under Section
365	351		19.05, Penal Code; or
366	352		(I) continuous sexual abuse of young child or
367	353		disabled individual under Section 21.02, Penal Code; [or]
368	354		(3) engages in conduct specified by Section
369	355		37.006(a)(2)(C), if the conduct is punishable as a felony;
370	356		(4) engages in conduct that contains the elements of
371	357		an offense under Section 22.01(a)(1), Penal Code, against a school
372	358		district employee or a volunteer as defined by Section 22.053 of
373	359		this code; or
374	360		(5) engages in conduct that constitutes the offense of
375	361		exhibiting, using, or threatening to exhibit or use a firearm under
376	362		Section 37.125 of this code.
377	363		(b) A student may be expelled if the student:
378	364		(1) engages in conduct involving a public school that
379	365		contains the elements of the offense of false alarm or report under
380	366		Section 42.06, Penal Code, or terroristic threat under Section
381	367		22.07, Penal Code;
382	368		(2) while on or within 300 feet of school property, as
383	369		measured from any point on the school's real property boundary
384	370		line, or while attending a school-sponsored or school-related
385	371		activity on or off of school property:
386	372		(A) except as provided by Subsection (a)(3),
387	373		sells, gives, or delivers to another person or possesses, uses, or
388	374		is under the influence of any amount of:
389	375		(i) marihuana or a controlled substance, as
390	376		defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
391	377		Section 801 et seq.;
392	378		(ii) a dangerous drug, as defined by
393	379		Chapter 483, Health and Safety Code; or
394	380		(iii) an alcoholic beverage, as defined by
395	381		Section 1.04, Alcoholic Beverage Code;
396	382		(B) engages in conduct that contains the elements
397	383		of an offense relating to an abusable volatile chemical under
398	384		Sections 485.031 through 485.034, Health and Safety Code; or
399	385		(C) [engages in conduct that contains the
400	386		elements of an offense under Section 22.01(a)(1), Penal Code,
401	387		against a school district employee or a volunteer as defined by
402	388		Section 22.053; or
403	389		[(D)] engages in conduct that contains the
404	390		elements of the offense of deadly conduct under Section 22.05,
405	391		Penal Code;
406	392		(3) [subject to Subsection (d),] while within 300 feet
407	393		of school property, as measured from any point on the school's real
408	394		property boundary line, [:
409	395		[(A) engages in conduct specified by Subsection
410	396		(a); or
411	397		[(B)] possesses a firearm, as defined by 18
412	398		U.S.C. Section 921;
413	399		[(4) engages in conduct that contains the elements of
414	400		any offense listed in Subsection (a)(2)(A) or (C) or the offense of
415	401		aggravated robbery under Section 29.03, Penal Code, against another
416	402		student, without regard to whether the conduct occurs on or off of
417	403		school property or while attending a school-sponsored or
418	404		school-related activity on or off of school property;] or
419	405		(4) [(5)] engages in conduct that contains the
420	406		elements of the offense of breach of computer security under
421	407		Section 33.02, Penal Code, if:
422	408		(A) the conduct involves accessing a computer,
423	409		computer network, or computer system owned by or operated on behalf
424	410		of a school district; and
425	411		(B) the student knowingly:
426	412		(i) alters, damages, or deletes school
427	413		district property or information; or
428	414		(ii) commits a breach of any other
429	415		computer, computer network, or computer system.
430	416		(f-1) A school district may place a student expelled under
431	417		this section in:
432	418		(1) a virtual or in-person disciplinary alternative
433	419		education program; or
434	420		(2) a juvenile justice alternative education program.
435	421		SECTION 8. Section 37.0081(a-1), Education Code, is amended
436	422		to read as follows:
437	423		(a-1) The student must be placed in:
438	424		(1) a juvenile justice alternative education program,
439	425		if the school district is located in a county that operates a
440	426		juvenile justice alternative education program or the school
441	427		district contracts with the juvenile board of another county for
442	428		the provision of a juvenile justice alternative education program;
443	429		or
444	430		(2) a virtual or in-person disciplinary alternative
445	431		education program.
446	432		SECTION 9. Subchapter A, Chapter 37, Education Code, is
447	433		amended by adding Section 37.0083 to read as follows:
448	434		Sec. 37.0083. VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION
449	435		PROGRAM. (a) The board of trustees of a school district, or the
450	436		board's designee, may place a student who has been expelled under
451		-	Section 37.007 or 37.0081 in a virtual disciplinary alternative
452		-	education program established by the district and provide virtual
453		-	instruction and instructional materials for remote learning to the
454		-	student only if no positions for the grade level in which the
455		-	student is enrolled are available in:
456		-	(1) the district's in-person disciplinary alternative
457		-	education program; and
458		-	(2) if the county in which the district is located
459		-	operates a juvenile justice alternative education program, the
460		-	county's juvenile justice alternative education program.
461		-	(b) A school district must ensure that, to the extent
462		-	practicable in a virtual setting, the district's virtual
463		-	disciplinary alternative education program complies with the
464		-	requirements for a disciplinary alternative education program
465		-	under Section 37.008.
466		-	(c) A school's placement review committee shall review the
467		-	placement of a student in a virtual disciplinary alternative
468		-	education program under this section at least once every 45 school
469		-	days after the date the placement begins to determine if continued
470		-	placement in the program is appropriate. If the placement review
471		-	committee determines that continued placement is appropriate, the
472		-	committee shall document the determination.
473		-	(d) A student placed in a virtual disciplinary alternative
	437	+	Section 37.007 in a virtual disciplinary alternative education
	438	+	program established by the district and provide virtual instruction
	439	+	and instructional materials for remote learning to the student.
	440	+	(b) A student placed in a virtual disciplinary alternative
474	441		education program shall be counted toward the district's average
475	442		daily attendance for purposes of receipt of state funds under the
476	443		Foundation School Program.
477		-	(e) A school district may not require a teacher who provides
	444	+	(c) A school district may not require a teacher who provides
478	445		virtual instruction to students in a virtual disciplinary
479	446		alternative education program to provide virtual instruction and
480	447		in-class instruction for a course during the same class period.
481		-	(f) A teacher may not provide instruction for a virtual
	448	+	(d) A teacher may not provide instruction for a virtual
482	449		disciplinary alternative education program course unless the
483	450		teacher has completed a professional development course on virtual
484	451		instruction.
485		-	(g) The commissioner shall adopt rules as necessary to
	452	+	(e) The commissioner shall adopt rules as necessary to
486	453		implement this section, including rules providing for a method of
487	454		taking attendance for students placed in a virtual disciplinary
488	455		alternative education program.
489	456		SECTION 10. Section 37.009, Education Code, is amended by
490	457		adding Subsection (f-1) to read as follows:
491	458		(f-1) The board or the board's designee may order the
492	459		placement of a student expelled under Section 37.007 in an
493	460		alternative education program as provided by Subsection (f-1) of
494	461		that section.
495	462		SECTION 11. Section 37.010, Education Code, is amended by
496	463		adding Subsection (c-1) to read as follows:
497	464		(c-1) This subsection applies to a juvenile court in a
498	465		county that operates a program under Section 37.011.
499	466		Notwithstanding Subsections (a) and (c), a court may order a
500	467		student expelled under Section 37.007 to attend a school district's
501	468		virtual disciplinary alternative education program, if:
502	469		(1) the district has established a virtual
503	470		disciplinary alternative education program under Section 37.0083;
504	471		and
505	472		(2) the county's juvenile justice alternative
506	473		education program under Section 37.011 has no available positions
507	474		for the grade level in which the student is enrolled.
508	475		SECTION 12. Sections 37.011(b), (h), and (k), Education
509	476		Code, are amended to read as follows:
510	477		(b) If a student admitted into the public schools of a
511	478		school district under Section 25.001(b) is expelled from school for
512	479		conduct for which expulsion is required under Section 37.007(a)[,
513	480		(d),] or (e), or for conduct that contains the elements of the
514	481		offense of terroristic threat as described by Section 22.07(c-1),
515	482		(d), or (e), Penal Code, the juvenile court, the juvenile board, or
516	483		the juvenile board's designee, as appropriate, shall:
517	484		(1) if the student is placed on probation under
518	485		Section 54.04, Family Code, order the student to attend the
519	486		juvenile justice alternative education program in the county in
520	487		which the student resides from the date of disposition as a
521	488		condition of probation, unless the child is placed in a
522	489		post-adjudication treatment facility;
523	490		(2) if the student is placed on deferred prosecution
524	491		under Section 53.03, Family Code, by the court, prosecutor, or
525	492		probation department, require the student to immediately attend the
526	493		juvenile justice alternative education program in the county in
527	494		which the student resides for a period not to exceed six months as a
528	495		condition of the deferred prosecution;
529	496		(3) in determining the conditions of the deferred
530	497		prosecution or court-ordered probation, consider the length of the
531	498		school district's expulsion order for the student; and
532	499		(4) provide timely educational services to the student
533	500		in the juvenile justice alternative education program in the county
534	501		in which the student resides, regardless of the student's age or
535	502		whether the juvenile court has jurisdiction over the student.
536	503		(h) Academically, the mission of juvenile justice
537	504		alternative education programs shall be to enable students to
538	505		perform at grade level. For purposes of accountability under
539	506		Chapters 39 and 39A, a student enrolled in a juvenile justice
540	507		alternative education program is reported as if the student were
541	508		enrolled at the student's assigned campus in the student's
542	509		regularly assigned education program, including a special
543	510		education program. Annually the Texas Juvenile Justice
544	511		Department, with the agreement of the commissioner, shall develop
545	512		and implement a system of accountability consistent with Chapters
546	513		39 and 39A, where appropriate, to assure that students make
547	514		progress toward grade level while attending a juvenile justice
548	515		alternative education program. The department shall adopt rules
549	516		for the distribution of funds appropriated under this section to
550	517		juvenile boards in counties required to establish juvenile justice
551	518		alternative education programs. Except as determined by the
552	519		commissioner, a student served by a juvenile justice alternative
553	520		education program on the basis of an expulsion required under
554	521		Section 37.007(a)[, (d),] or (e) is not eligible for Foundation
555	522		School Program funding under Chapter 31 or 48 if the juvenile
556	523		justice alternative education program receives funding from the
557	524		department under this subchapter.
558	525		(k) Each school district in a county with a population
559	526		greater than 125,000 and the county juvenile board shall annually
560	527		enter into a joint memorandum of understanding that:
561	528		(1) outlines the responsibilities of the juvenile
562	529		board concerning the establishment and operation of a juvenile
563	530		justice alternative education program under this section;
564	531		(2) defines the amount and conditions on payments from
565	532		the school district to the juvenile board for students of the school
566	533		district served in the juvenile justice alternative education
567	534		program whose placement was not made on the basis of an expulsion
568	535		required under Section 37.007(a)[, (d),] or (e);
569	536		(3) establishes that a student may be placed in the
570	537		juvenile justice alternative education program if the student
571	538		engages in serious misbehavior, as defined by Section 37.007(c);
572	539		(4) identifies and requires a timely placement and
573	540		specifies a term of placement for expelled students for whom the
574	541		school district has received a notice under Section 52.041(d),
575	542		Family Code;
576	543		(5) establishes services for the transitioning of
577	544		expelled students to the school district prior to the completion of
578	545		the student's placement in the juvenile justice alternative
579	546		education program;
580	547		(6) establishes a plan that provides transportation
581	548		services for students placed in the juvenile justice alternative
582	549		education program;
583	550		(7) establishes the circumstances and conditions
584	551		under which a juvenile may be allowed to remain in the juvenile
585	552		justice alternative education program setting once the juvenile is
586	553		no longer under juvenile court jurisdiction; and
587	554		(8) establishes a plan to address special education
588	555		services required by law.
589	556		SECTION 13. Section 37.015(a), Education Code, is amended
590	557		to read as follows:
591	558		(a) The principal of a public or private primary or
592	559		secondary school, or a person designated by the principal under
593	560		Subsection (d), shall notify any school district police department
594	561		and the police department of the municipality in which the school is
595	562		located or, if the school is not in a municipality, the sheriff of
596	563		the county in which the school is located if the principal has
597	564		reasonable grounds to believe that any of the following activities
598	565		occur in school, on school property, or at a school-sponsored or
599	566		school-related activity on or off school property, whether or not
600	567		the activity is investigated by school security officers:
601	568		(1) conduct that may constitute an offense listed
602	569		under Section 508.149, Government Code;
603	570		(2) deadly conduct under Section 22.05, Penal Code;
604	571		(3) a terroristic threat under Section 22.07, Penal
605	572		Code;
606	573		(4) the use, sale, or possession of a controlled
607	574		substance, drug paraphernalia, or marihuana under Chapter 481,
608	575		Health and Safety Code;
609	576		(5) the possession of any of the weapons or devices
610	577		listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
611	578		Code;
612	579		(6) conduct that may constitute a criminal offense
613	580		under Section 71.02, Penal Code; or
614	581		(7) conduct that may constitute a criminal offense for
615	582		which a student may be expelled under Section 37.007(a)[, (d),] or
616	583		(e).
617	584		SECTION 14. Section 37.019, Education Code, is amended by
618	585		adding Subsection (b-1) to read as follows:
619	586		(b-1) The principal or principal's designee may order the
620	587		emergency placement or expulsion of a student under this section
621	588		based on a single incident of behavior by the student.
622	589		SECTION 15. Subchapter A, Chapter 37, Education Code, is
623	590		amended by adding Section 37.028 to read as follows:
624	591		Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY
625	592		MEASURES PROHIBITED. (a) The agency may not withhold any state
626	593		funding or impose a penalty on a school district based on the number
627	594		of students in the district that have been removed from a classroom,
628	595		placed into in-school or out-of-school suspension, placed in a
629	596		disciplinary alternative education program or a juvenile justice
630	597		alternative education program, or expelled.
631	598		(b) This section may not be construed to limit the agency
632	599		from taking any action to enforce requirements under federal law
633	600		related to a determination of significant disproportionality based
634	601		on the race and ethnicity of students with disabilities.
635	602		SECTION 16. Section 37.115(d), Education Code, is amended
636	603		to read as follows:
637	604		(d) The superintendent of the district shall ensure, to the
638	605		greatest extent practicable, that the members appointed to each
639	606		team have expertise in counseling, behavior management, mental
640	607		health and substance use, classroom instruction, special
641	608		education, school administration, school safety and security,
642	609		emergency management, and law enforcement. A team may serve more
643	610		than one campus of a school district, provided that:
644	611		(1) each district campus is assigned a team; and
645	612		(2) in serving a particular campus, the team includes
646	613		the person designated to serve as the campus behavior coordinator
647	614		under Section 37.0012 for that campus.
648	615		SECTION 17. Subchapter F, Chapter 38, Education Code, is
649	616		amended by adding Section 38.2545 to read as follows:
650	617		Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH
651	618		TELEMEDICINE. (a) In this section:
652	619		(1) "Consortium" means the Texas Child Mental Health
653	620		Care Consortium established under Chapter 113, Health and Safety
654	621		Code.
655	622		(2) "Program" means the Texas Child Health Access
656	623		through Telemedicine program operated by the consortium.
657	624		(b) If the consortium makes available mental health
658		-	services to a school district through the program, the district ~~may~~
659		-	offer to each student enrolled in the district access to those
	625	+	services to a school district through the program, the district
	626	+	shall offer to each student enrolled in the district access to those
660	627		mental health services.
661		-	(c) A school district may not:
662		-	(1) refer to the program a student who is younger than
663		-	18 years of age unless the district obtains consent from the parent
664		-	or legal guardian of the student;
665		-	(2) require a student to participate in any service
	628	+	(c) A school district may not provide a mental health
	629	+	service to a student who is younger than 18 years of age unless the
	630	+	district obtains written consent from the parent or legal guardian
	631	+	of the student as required by Section 113.0152, Health and Safety
	632	+	Code.
	633	+	(d) A school district may not:
	634	+	(1) require a student to participate in any service
666	635		provided under Subsection (b); or
667		-	(3) allow a student who is younger than 18 years of age
	636	+	(2) allow a student who is younger than 18 years of age
668	637		to participate in any component of the program that involves mental
669		-	health education or screening unless the ~~program has obtained~~
670		-	~~signed~~ written consent from the student's parent or legal guardian.
671		-	(d) ~~The program must obtain written consent from~~ the ~~parent~~
672		-	~~or legal guardian of a student as required by Section 113.0152,~~
673		-	~~Health~~ and ~~Safety Code,~~ ~~before providing to the student a mental~~
674		-	~~health service under this section~~.
675		-	(e) The Texas Child Health Access through Telemedicine
	638	+	health education or screening unless the district obtains signed
	639	+	written consent from the student's parent or legal guardian.
	640	+	(e) Before the beginning of each school year, the agency
	641	+	shall determine at which school districts the program is available
	642	+	and verify that each of those school districts is in compliance with
	643	+	Subsection (b).
	644	+	(f) The Texas Child Health Access through Telemedicine
676	645		program is not considered a "school official with a legitimate
677	646		educational interest" for purposes of the Family Educational Rights
678	647		and Privacy Act of 1974 (20 U.S.C. Section 1232g). A school
679	648		district may not share records relating to a student with the
680	649		program unless the district obtains written consent from the
681	650		student, or the parent or legal guardian of the student, if the
682	651		student is younger than 18 years of age.
683		-	(f) The program shall maintain, provide to each school
684		-	district at which the program is available, and post ~~quarterly on~~
685		-	~~the~~ consortium's website:
	652	+	(g) The program shall maintain, provide to each school
	653	+	district at which the program is available, and post on the
	654	+	consortium's website:
686	655		(1) a list of health providers to which the program
687	656		refers participants; and
688	657		(2) the process used by the program in vetting
689	658		providers described by Subdivision (1).
690	659		SECTION 18. Section 113.0251, Health and Safety Code, is
691	660		amended to read as follows:
692	661		Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
693	662		of each even-numbered year, the consortium shall prepare and submit
694	663		to the governor, the lieutenant governor, the speaker of the house
695	664		of representatives, and the standing committee of each house of the
696	665		legislature with primary jurisdiction over behavioral health
697	666		issues and post on its Internet website a written report that
698	667		outlines:
699	668		(1) the activities and objectives of the consortium;
700	669		(2) the health-related institutions of higher
701	670		education listed in Section 113.0052(1) that receive funding by the
702	671		executive committee;
703	672		(3) during the preceding two years, the percentage of
704	673		participants in the Texas Child Health Access through Telemedicine
705	674		program operated by the consortium:
706		-	(A) who were prescribed a psychotropic drug by
707		-	the consortium;
708		-	(B) who were referred to a health provider for
	675	+	(A) who were prescribed a psychotropic drug;
	676	+	(B) who were transported to an emergency room or
	677	+	psychiatric hospital for mental health services or observation;
	678	+	(C) who were referred to a health provider for
709	679		further mental health services;
710		-	(C) who completed program treatment goals; and
711		-	(D) who were provided information on consortium
712		-	research programs on the participant's discharge from the program;
713		-	(4) during the preceding two years, the percentage of:
714		-	(A) potential participants for whom a parent or
715		-	legal guardian declined to give informed consent to participate in
716		-	the program; and
717		-	(B) potential participants who were referred to
718		-	but not enrolled in the program because the potential participant
719		-	needed more emergent care; and
	680	+	(D) who completed the requisite number of
	681	+	appointments offered to the participant by the program; and
	682	+	(E) for whom the participant's parent or legal
	683	+	guardian consented to the participant's participation in research;
	684	+	(4) during the preceding two years, the percentage of
	685	+	potential participants for whom a parent or legal guardian declined
	686	+	to give informed consent to participate in the program; and
720	687		(5) [(3)] any legislative recommendations based on
721	688		the activities and objectives described by Subdivision (1).
722	689		SECTION 19. Sections 37.007(d) and (i), Education Code, are
723	690		repealed.
724	691		SECTION 20. (a) Not later than the first day of the
725	692		2025-2026 school year, the Texas Education Agency shall prepare and
726	693		provide to each school district a report identifying each law
727	694		relating to school discipline that was amended or added by the 89th
728	695		Legislature, Regular Session, 2025.
729	696		(b) A school district shall provide to each student and the
730	697		parent of or person standing in parental relation to the student the
731	698		report prepared under Subsection (a) of this section.
732	699		SECTION 21. Section 12A.004(a), Education Code, as amended
733	700		by this Act, applies to a local innovation plan adopted or renewed
734	701		before, on, or after the effective date of this Act.
735	702		SECTION 22. Section 22.05121, Education Code, as added by
736	703		this Act, applies to a disciplinary proceeding for conduct that
737	704		occurs before, on, or after the effective date of this Act, except
738	705		that a disciplinary proceeding finally resolved before the
739	706		effective date of this Act is unaffected by this Act.
740		-	SECTION 23. Notwithstanding Sections 38.2545(c)(3) and
741		-	(e), Education Code, as added by this Act, a school district must
	707	+	SECTION 23. Notwithstanding Sections 38.2545(d)(2) and
	708	+	(f), Education Code, as added by this Act, a school district must
742	709		comply with the requirements of those provisions and update consent
743	710		forms and documents as necessary for compliance as soon as
744	711		practicable after the effective date of this Act but not later than
745	712		December 1, 2025.
746	713		SECTION 24. This Act applies beginning with the 2025-2026
747	714		school year.
748	715		SECTION 25. This Act takes effect immediately if it
749	716		receives a vote of two-thirds of all the members elected to each
750	717		house, as provided by Section 39, Article III, Texas Constitution.
751	718		If this Act does not receive the vote necessary for immediate
752	719		effect, this Act takes effect September 1, 2025.
	720	+	* * * * *