By: Perry, et al. S.B. No. 1871
A BILL TO BE ENTITLED
AN ACT
relating to discipline management and access to telehealth mental
health services in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) state curriculum and graduation requirements
adopted under Chapter 28;
(4) Chapter 37; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Subchapter B, Chapter 22, Education Code, is
amended by adding Section 22.05121 to read as follows:
Sec. 22.05121. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a) In this
section, "disciplinary proceeding" means:
(1) an action brought by the school district employing
a professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's term
contract; or
(2) an action or proceeding brought by the State Board
for Educator Certification.
(b) A professional employee of a school district may not be
subject to disciplinary proceedings for:
(1) the reporting of a violation of Chapter 37 to
another professional employee of a school district, the agency, or
a law enforcement agency; or
(2) an action taken in good faith to remove a student
from class under Section 37.002.
(c) The immunity provided by Subsection (b) is in addition
to any other immunity provided by law. This section may not be
construed to interfere with any other immunity provided by law.
SECTION 3. Section 37.0012, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (b-1) to
read as follows:
(a) A single person at each campus must be designated to
serve as the campus behavior coordinator. The person designated
may be the principal of the campus or any other campus administrator
selected by the principal.
(a-1) Additional school staff members may assist the campus
behavior coordinator in the performance of the campus behavior
coordinator's duties, provided that the campus behavior
coordinator personally verifies that all aspects of this subchapter
are appropriately implemented.
(b-1) The campus behavior coordinator shall:
(1) monitor disciplinary referrals;
(2) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 any
student who engages in conduct that contains the elements of:
(A) the offense of terroristic threat under
Section 22.07, Penal Code;
(B) the offense of unlawfully carrying weapons
under Section 46.02, Penal Code;
(C) an offense relating to prohibited weapons
under Section 46.05, Penal Code; or
(D) the offense of exhibiting, using, or
threatening to exhibit or use a firearm under Section 37.125 of this
code; and
(3) report to the campus's threat assessment and safe
and supportive school team established under Section 37.115 any
concerning student behaviors or behavioral trends that may pose a
serious risk of violence to the student or others.
SECTION 4. Section 37.002, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections
(b-2), (b-3), (c-1), (c-2), (c-3), (f), (f-1), and (g) to read as
follows:
(b) A teacher may remove from class a student who:
(1) repeatedly interferes [who has been documented by
the teacher to repeatedly interfere] with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn; [or]
(2) demonstrates [whose] behavior that is unruly,
disruptive, or abusive toward the teacher, another adult, or
another student; or
(3) engages in conduct that constitutes bullying, as
defined by Section 37.0832 [determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn].
(b-2) A teacher, campus behavior coordinator, or other
appropriate administrator shall notify a parent or person standing
in parental relation to a student of the removal of a student under
this section.
(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher
may remove a student from class under Subsection (b) of this section
based on a single incident of behavior described by Subsection
(b)(1), (2), or (3).
(c) If a teacher removes a student from class under
Subsection (b), the principal or campus behavior coordinator may
place the student into a school-based behavioral support setting,
into another appropriate classroom, into in-school suspension, or
into a disciplinary alternative education program as provided by
Section 37.008. The principal may not return the student to that
teacher's class without the teacher's written consent unless the
committee established under Section 37.003 determines that such
placement is the best or only alternative available and, not later
than the third class day after the day on which the student was
removed from class, a conference in which the teacher has been
provided an opportunity to participate has been held in accordance
with Section 37.009(a). The principal may not return the student to
that teacher's class unless the teacher provides written consent
for the student's return or a return to class plan has been prepared
for that student. The principal may only designate an employee of
the school whose primary duties do not include classroom
instruction to create a return to class plan. The terms of the
removal may prohibit the student from attending or participating in
school-sponsored or school-related activity.
(c-1) A return to class plan required under Subsection (c)
must be created before or at the conference described by that
subsection. A plan created before the conference must be discussed
at the conference.
(c-2) The commissioner shall 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).
(c-3) The principal or campus behavior coordinator must
consider whether a student removed from class under Subsection (b)
may be placed into a school-based behavioral support setting
designed to address the student's physical, mental, or behavioral
health needs before making a determination to place the student in
another placement setting described by Subsection (c).
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
written consent unless the committee established under Section
37.003 determines that such placement is the best or only
alternative available and a conference in which the teacher has
been provided an opportunity to participate has been held in
accordance with Section 37.009(a). If the teacher removed the
student from class because the student has engaged in the elements
of any offense listed in [Section 37.006(a)(2)(B) or] Section
37.007(a)(2)(A) or (a)(4) [(b)(2)(C)] against the teacher, the
student may not be returned to the teacher's class without the
teacher's consent. The teacher may not be coerced to consent.
(f) A student may appeal the student's removal from class
under this section to:
(1) the school's placement review committee
established under Section 37.003; or
(2) the campus's threat assessment and safe and
supportive school team established under Section 37.115, in
accordance with a district policy providing for such an appeal to be
made to the team.
(f-1) The principal, campus behavior coordinator, or other
appropriate administrator shall, at the conference required under
Section 37.009(a), notify a student who has been removed from class
under this section and the parent of or person standing in parental
relation to the student of the student's right to appeal under
Subsection (f).
(g) Section 37.004 applies to the removal or placement under
this section of a student with a disability who receives special
education services.
SECTION 5. Section 37.005, Education Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(b-1) to read as follows:
(a) The principal or other appropriate administrator may
suspend a student who engages in conduct identified in the student
code of conduct adopted under Section 37.001 as conduct for which a
student may be subject to an in-school or out-of-school suspension
[suspended].
(b) An out-of-school [A] suspension under this section may
not exceed three school days. An in-school suspension under this
section is not subject to any time limit.
(b-1) A school's placement review committee shall 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. If the
placement review committee determines that continued in-school
suspension is appropriate, the committee shall document the
determination.
(c) A student who is enrolled in a grade level below grade
three may not be 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) conduct that contains the elements of an offense
related to weapons under Section 46.02 or 46.05, Penal Code;
(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 [contains the elements of a violent
offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code];
or
(4) [(3)] selling, giving, or delivering to another
person or possessing, using, or being under the influence of any
amount of:
(A) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
(C) an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code.
(d) A school district or open-enrollment charter school may
not place a student who is homeless in out-of-school suspension
unless the student engages in conduct described by Subsections
(c)(1)-(4) [(c)(1)-(3)] while on school property or while attending
a school-sponsored or school-related activity on or off of school
property. The campus behavior coordinator may coordinate with the
school district's homeless education liaison to identify
appropriate alternatives to out-of-school suspension for a student
who is homeless. In this subsection, "student who is homeless" has
the meaning assigned to the term "homeless children and youths"
under 42 U.S.C. Section 11434a.
SECTION 6. Section 37.006, Education Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(d-1) to read as follows:
(a) Subject to the requirements of Section 37.009(a), a
student shall be removed from class and placed in a disciplinary
alternative education program as provided by Section 37.008 if the
student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) except as provided by Section 37.007(a),
engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) except as provided by Section 37.007(a)(3),
sells, gives, or delivers to another person or possesses or uses or
is under the influence of:
(i) a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
seq., excluding marihuana, as defined by Section 481.002, Health
and Safety Code, or tetrahydrocannabinol, as defined by rule
adopted under Section 481.003 of that code; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(C-1) possesses, uses, or is under the influence
of, or sells, gives, or delivers to another person marihuana, as
defined by Section 481.002, Health and Safety Code, or
tetrahydrocannabinol, as defined by rule adopted under Section
481.003 of that code;
(C-2) possesses, uses, sells, gives, or delivers
to another person an e-cigarette, as defined by Section 161.081,
Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code; or
(G) engages in conduct that contains the elements
of the offense of harassment under Section 42.07(a)(1), (2), (3),
or (7), Penal Code, against an employee of the school district.
(b) A [Except as provided by Section 37.007(d), a] student
shall be removed from class and placed in a disciplinary
alternative education program under Section 37.008 if the student
engages in conduct on or off of school property against any school
employee or volunteer as defined by Section 22.053 that contains
the elements of the offense of:
(1) retaliation under Section 36.06, Penal Code; or
(2) harassment under Section 42.07, Penal Code[,
against any school employee].
(c) In addition to Subsections (a) and (b), a student shall
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, Family Code, for conduct defined as any of the
following offenses under the Penal Code:
(A) a felony offense under [in] Title 5[, Penal
Code]; [or]
(B) the offense of deadly conduct under Section
22.05;
(C) the felony offense of aggravated robbery
under Section 29.03[, Penal Code]; or
(D) the offense of disorderly conduct involving a
firearm under Section 42.01(a)(7) or (8);
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as an offense listed in Subdivision (1)[:
[(A) a felony offense in Title 5, Penal Code; or
[(B) the felony offense of aggravated robbery
under Section 29.03, Penal Code]; or
(3) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in a
conduct defined as an offense listed in Subdivision (1)[:
[(A) a felony offense in Title 5, Penal Code; or
[(B) the felony offense of aggravated robbery
under Section 29.03, Penal Code].
(d) In addition to Subsections (a), (b), and (c), a student
may be removed from class and placed in a disciplinary alternative
education program under Section 37.008:
(1) if the student:
(A) engages in conduct that contains the elements
of the offense of disruptive activities under Section 37.123; or
(B) except as provided by Subsection (d-1),
engages in conduct that contains the elements of the offense of
disruption of classes under Section 37.124, unless Subsection (d)
of that section applies to the student; or
(2) based on conduct occurring off campus and while
the student is not in attendance at a school-sponsored or
school-related activity if:
(A) [(1)] the superintendent or the
superintendent's designee has a reasonable belief that the student
has engaged in conduct defined as a felony offense other than
aggravated robbery under Section 29.03, Penal Code, or those
offenses defined in Title 5, Penal Code; and
(B) [(2)] the continued presence of the student
in the regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
(d-1) A student may be removed from class under Subsection
(d)(1)(B) for conduct described by Section 37.124(c)(1)(A) only if
the conduct is wilful, repeated, and documented.
SECTION 7. Section 37.007, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (f-1) to
read as follows:
(a) Except as provided by Subsection (k) and subject to the
requirements of Section 37.009(a), a student shall be expelled from
a school if the student, [on school property or while attending a
school-sponsored or school-related activity] on or off of school
property:
(1) engages in conduct that contains the elements of
the offense of unlawfully carrying weapons under Section 46.02,
Penal Code, or elements of an offense relating to prohibited
weapons under Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code;
(F) burglary under Section 30.02, Penal Code,
robbery under Section 29.02, Penal Code, or aggravated robbery
under Section 29.03, Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code; [or]
(3) engages in conduct specified by Section
37.006(a)(2)(C), if the conduct is punishable as a felony;
(4) engages in conduct that contains the elements of
an offense under Section 22.01(a)(1), Penal Code, against a school
district employee or a volunteer as defined by Section 22.053 of
this code; or
(5) engages in conduct that constitutes the offense of
exhibiting, using, or threatening to exhibit or use a firearm under
Section 37.125 of this code.
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) except as provided by Subsection (a)(3),
sells, gives, or delivers to another person or possesses, uses, or
is under the influence of any amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(C) [engages in conduct that contains the
elements of an offense under Section 22.01(a)(1), Penal Code,
against a school district employee or a volunteer as defined by
Section 22.053; or
[(D)] engages in conduct that contains the
elements of the offense of deadly conduct under Section 22.05,
Penal Code;
(3) [subject to Subsection (d),] while within 300 feet
of school property, as measured from any point on the school's real
property boundary line, [:
[(A) engages in conduct specified by Subsection
(a); or
[(B)] possesses a firearm, as defined by 18
U.S.C. Section 921;
[(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property;] or
(4) [(5)] engages in conduct that contains the
elements of the offense of breach of computer security under
Section 33.02, Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system.
(f-1) A school district may place a student expelled under
this section in:
(1) a virtual or in-person disciplinary alternative
education program; or
(2) a juvenile justice alternative education program.
SECTION 8. Section 37.0081(a-1), Education Code, is amended
to read as follows:
(a-1) The student must be placed in:
(1) a juvenile justice alternative education program,
if the school district is located in a county that operates a
juvenile justice alternative education program or the school
district contracts with the juvenile board of another county for
the provision of a juvenile justice alternative education program;
or
(2) a virtual or in-person disciplinary alternative
education program.
SECTION 9. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0083 to read as follows:
Sec. 37.0083. VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION
PROGRAM. (a) The board of trustees of a school district, or the
board's designee, may place a student who has been expelled under
Section 37.007 or 37.0081 in a virtual disciplinary alternative
education program established by the district and provide virtual
instruction and instructional materials for remote learning to the
student only if no positions for the grade level in which the
student is enrolled are available in:
(1) the district's in-person disciplinary alternative
education program; and
(2) if the county in which the district is located
operates a juvenile justice alternative education program, the
county's juvenile justice alternative education program.
(b) A school district must ensure that, to the extent
practicable in a virtual setting, the district's virtual
disciplinary alternative education program complies with the
requirements for a disciplinary alternative education program
under Section 37.008.
(c) A school's placement review committee shall review the
placement of a student in a virtual disciplinary alternative
education program under this section at least once every 45 school
days after the date the placement begins to determine if continued
placement in the program is appropriate. If the placement review
committee determines that continued placement is appropriate, the
committee shall document the determination.
(d) A student placed in a virtual disciplinary alternative
education program shall be counted toward the district's average
daily attendance for purposes of receipt of state funds under the
Foundation School Program.
(e) A school district may not require 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.
(f) A teacher may not provide instruction for a virtual
disciplinary alternative education program course unless the
teacher has completed a professional development course on virtual
instruction.
(g) The commissioner shall 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. Section 37.009, Education Code, is amended by
adding Subsection (f-1) to read as follows:
(f-1) The board or the board's designee may 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. Section 37.010, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) This subsection applies to a juvenile court in a
county that operates a program under Section 37.011.
Notwithstanding Subsections (a) and (c), a court may order a
student expelled under Section 37.007 to attend a school district's
virtual disciplinary alternative education program, if:
(1) the district has established a virtual
disciplinary alternative education program under Section 37.0083;
and
(2) 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. Sections 37.011(b), (h), and (k), Education
Code, are amended to read as follows:
(b) If a student admitted into the public schools of a
school district under Section 25.001(b) is expelled from school for
conduct for which expulsion is required under Section 37.007(a)[,
(d),] or (e), or for conduct that contains the elements of the
offense of terroristic threat as described by Section 22.07(c-1),
(d), or (e), Penal Code, the juvenile court, the juvenile board, or
the juvenile board's designee, as appropriate, shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution;
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student; and
(4) provide timely educational services to the student
in the juvenile justice alternative education program in the county
in which the student resides, regardless of the student's age or
whether the juvenile court has jurisdiction over the student.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapters 39 and 39A, a student enrolled in a juvenile justice
alternative education program is reported as if the student were
enrolled at the student's assigned campus in the student's
regularly assigned education program, including a special
education program. Annually the Texas Juvenile Justice
Department, with the agreement of the commissioner, shall develop
and implement a system of accountability consistent with Chapters
39 and 39A, where appropriate, to assure that students make
progress toward grade level while attending a juvenile justice
alternative education program. The department shall adopt rules
for the distribution of funds appropriated under this section to
juvenile boards in counties required to establish juvenile justice
alternative education programs. Except as determined by the
commissioner, a student served by a juvenile justice alternative
education program on the basis of an expulsion required under
Section 37.007(a)[, (d),] or (e) is not eligible for Foundation
School Program funding under Chapter 31 or 48 if the juvenile
justice alternative education program receives funding from the
department under this subchapter.
(k) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall annually
enter into a joint memorandum of understanding that:
(1) outlines the responsibilities of the juvenile
board concerning the establishment and operation of a juvenile
justice alternative education program under this section;
(2) defines the amount and conditions on payments from
the school district to the juvenile board for students of the school
district served in the juvenile justice alternative education
program whose placement was not made on the basis of an expulsion
required under Section 37.007(a)[, (d),] or (e);
(3) establishes that a student may be placed in the
juvenile justice alternative education program if the student
engages in serious misbehavior, as defined by Section 37.007(c);
(4) identifies and requires a timely placement and
specifies a term of placement for expelled students for whom the
school district has received a notice under Section 52.041(d),
Family Code;
(5) establishes services for the transitioning of
expelled students to the school district prior to the completion of
the student's placement in the juvenile justice alternative
education program;
(6) establishes a plan that provides transportation
services for students placed in the juvenile justice alternative
education program;
(7) establishes the circumstances and conditions
under which a juvenile may be allowed to remain in the juvenile
justice alternative education program setting once the juvenile is
no longer under juvenile court jurisdiction; and
(8) establishes a plan to address special education
services required by law.
SECTION 13. Section 37.015(a), Education Code, is amended
to read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, or marihuana under Chapter 481,
Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a)[, (d),] or
(e).
SECTION 14. Section 37.019, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The principal or principal's designee may order the
emergency placement or expulsion of a student under this section
based on a single incident of behavior by the student.
SECTION 15. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.028 to read as follows:
Sec. 37.028. PENALTIES FOR IMPOSITION OF DISCIPLINARY
MEASURES PROHIBITED. (a) The agency may not withhold any state
funding or impose a penalty on a school district based on the number
of students in the district that have been removed from a classroom,
placed into in-school or out-of-school suspension, placed in a
disciplinary alternative education program or a juvenile justice
alternative education program, or expelled.
(b) This section may not be construed to limit the agency
from taking any action to enforce requirements under federal law
related to a determination of significant disproportionality based
on the race and ethnicity of students with disabilities.
SECTION 16. Section 37.115(d), Education Code, is amended
to read as follows:
(d) The superintendent of the district shall ensure, to the
greatest extent practicable, that the members appointed to each
team have expertise in counseling, behavior management, mental
health and substance use, classroom instruction, special
education, school administration, school safety and security,
emergency management, and law enforcement. A team may serve more
than one campus of a school district, provided that:
(1) each district campus is assigned a team; and
(2) in serving a particular campus, the team includes
the person designated to serve as the campus behavior coordinator
under Section 37.0012 for that campus.
SECTION 17. Subchapter F, Chapter 38, Education Code, is
amended by adding Section 38.2545 to read as follows:
Sec. 38.2545. TEXAS CHILD HEALTH ACCESS THROUGH
TELEMEDICINE. (a) In this section:
(1) "Consortium" means the Texas Child Mental Health
Care Consortium established under Chapter 113, Health and Safety
Code.
(2) "Program" means the Texas Child Health Access
through Telemedicine program operated by the consortium.
(b) If the consortium makes available mental health
services to a school district through the program, the district may
offer to each student enrolled in the district access to those
mental health services.
(c) A school district may not:
(1) refer to the program a student who is younger than
18 years of age unless the district obtains consent from the parent
or legal guardian of the student;
(2) require a student to participate in any service
provided under Subsection (b); or
(3) allow a student who is younger than 18 years of age
to participate in any component of the program that involves mental
health education or screening unless the program has obtained
signed written consent from the student's parent or legal guardian.
(d) The program must obtain written consent from the parent
or legal guardian of a student as required by Section 113.0152,
Health and Safety Code, before providing to the student a mental
health service under this section.
(e) The Texas Child Health Access through Telemedicine
program is not considered a "school official with a legitimate
educational interest" for purposes of the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g). A school
district may not share records relating to a student with the
program unless the district obtains written consent from the
student, or the parent or legal guardian of the student, if the
student is younger than 18 years of age.
(f) The program shall maintain, provide to each school
district at which the program is available, and post quarterly 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. Section 113.0251, Health and Safety Code, is
amended to read as follows:
Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the consortium shall prepare and submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the standing committee of each house of the
legislature with primary jurisdiction over behavioral health
issues and post on its Internet website a written report that
outlines:
(1) the activities and objectives of the consortium;
(2) the health-related institutions of higher
education listed in Section 113.0052(1) that receive funding by the
executive committee;
(3) during the preceding two years, the percentage of
participants in the Texas Child Health Access through Telemedicine
program operated by the consortium:
(A) who were prescribed a psychotropic drug by
the consortium;
(B) who were referred to a health provider for
further mental health services;
(C) who completed program treatment goals; and
(D) who were provided information on consortium
research programs on the participant's discharge from the program;
(4) during the preceding two years, the percentage of:
(A) potential participants for whom a parent or
legal guardian declined to give informed consent to participate in
the program; and
(B) potential participants who were referred to
but not enrolled in the program because the potential participant
needed more emergent care; and
(5) [(3)] any legislative recommendations based on
the activities and objectives described by Subdivision (1).
SECTION 19. Sections 37.007(d) and (i), Education Code, are
repealed.
SECTION 20. (a) Not later than the first day of the
2025-2026 school year, the Texas Education Agency shall 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) A school district shall 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. 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. 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. Notwithstanding Sections 38.2545(c)(3) and
(e), Education Code, as added by this Act, a school district must
comply with the requirements of those provisions and update consent
forms and documents as necessary for compliance as soon as
practicable after the effective date of this Act but not later than
December 1, 2025.
SECTION 24. This Act applies beginning with the 2025-2026
school year.
SECTION 25. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.