BILL ANALYSIS Senate Research Center C.S.S.B. 1872 89R21082 MEW-F By: Perry; Sparks Education K-16 3/24/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, if a student assaults a teacher or school volunteer the student will likely be sent to DAEP or might be placed in JJAEP on a discretionary placement. However, current law does not mandate that a student be sent to JJAEP for an assault on a teacher or school volunteer, unless the offense is an aggravated assault. This legislation establishes that if a student commits an assault on a teacher or a school volunteer that the student shall be sent to the JJAEP. Changing this statute will ensure that our teachers are protected and that violent and dangerous students are removed to a safer learning environment. Additionally, this bill clarifies that JJAEP-eligible offenses can occur on or off campus. This change is necessary because schools need a proper placement to send students to when students engage in violent behavior off campus. Committee Substitute: Makes one non-substantive change that was a drafting error in the filed draft. C.S.S.B. 1872 amends current law relating to the expulsion of a public school student for engaging in conduct that constitutes certain offenses. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 37.007(a) and (b), Education Code, as follows: (a) Requires a student, except as provided by Subsection (k) and subject to the requirements of Section 37.009(a) (relating to requiring the campus behavior coordinator or other appropriate administrator to schedule a conference and consider certain factors before determining student placement), 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 on or off of school property: (1) makes no changes to this subdivision; (2)-(3) makes nonsubstantive changes to these subdivisions; or (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 (School District Volunteers) of this code. (b) Authorizes a student to be expelled if the student performs certain actions, including if the student: (1) makes no change 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) creates an exception under Subsection (a)(3); (B) makes a nonsubstantive change; or (C) redesignates existing Paragraph (D) as Paragraph (C); (3) 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; or (4) redesignates existing Subdivision (5) as Subdivision (4). 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 if the student 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 (Aggravated Robbery), 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. SECTION 2. Amends Section 37.002(d), Education Code, to prohibit a student, if the teacher removed the student from class because the student has engaged in the elements of any offense listed in certain provisions of Education Code, including Section 37.007(a)(4), rather than Section 37.007(b)(2)(C) or Section 37.006(a)(2)(B) (relating to requiring a student to be removed from class and placed in a disciplinary alternative education program if the student engages in conduct that contains the elements of the offense of assault on certain premises), against the teacher, from being returned to the teacher's class without the teacher's consent. SECTION 3. Amends Sections 37.006(a) and (b), Education Code, as follows: (a) Creates an exception under Section 37.007(a)(3) (relating to requiring a student to be expelled from school if the student, on or off school property, sells, gives, or delivers to another person or possesses or uses or is under the influence of certain substances). (b) Deletes existing text creating an exception under Section 37.007(d) (relating to providing that a student is required or authorized 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 their association with a school district, regardless if 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). SECTION 4. Amends Sections 37.011(b), (h), and (k), Education Code, as follows: (b) Requires the juvenile court, the juvenile board, or the juvenile board's designee, as appropriate, to take certain actions 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 a person of a certain age) is expelled from school for conduct for which expulsion is required under certain sections. Deletes existing text providing that Section 37.007(d) is one of those sections. (h)-(k) Makes conforming changes to these subsections. SECTION 5. Amends Section 37.015(a), Education Code, to make a conforming change. SECTION 6. Repealers: Sections 37.007(d) (relating to providing that a student is required or authorized 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 their association with a school district, regardless if 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) and (i) (relating to authorizing a student who engages in certain conduct to be expelled from school by the district in which the student attends school if the student engages in that conduct on certain premises), Education Code. SECTION 7. Provides that this Act applies beginning with the 20252026 school year. SECTION 8. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1872
89R21082 MEW-F By: Perry; Sparks
Education K-16
3/24/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1872
89R21082 MEW-F
By: Perry; Sparks
Education K-16
3/24/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, if a student assaults a teacher or school volunteer the student will likely be sent to DAEP or might be placed in JJAEP on a discretionary placement. However, current law does not mandate that a student be sent to JJAEP for an assault on a teacher or school volunteer, unless the offense is an aggravated assault.
This legislation establishes that if a student commits an assault on a teacher or a school volunteer that the student shall be sent to the JJAEP. Changing this statute will ensure that our teachers are protected and that violent and dangerous students are removed to a safer learning environment.
Additionally, this bill clarifies that JJAEP-eligible offenses can occur on or off campus. This change is necessary because schools need a proper placement to send students to when students engage in violent behavior off campus.
Committee Substitute:
Makes one non-substantive change that was a drafting error in the filed draft.
C.S.S.B. 1872 amends current law relating to the expulsion of a public school student for engaging in conduct that constitutes certain offenses.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 37.007(a) and (b), Education Code, as follows:
(a) Requires a student, except as provided by Subsection (k) and subject to the requirements of Section 37.009(a) (relating to requiring the campus behavior coordinator or other appropriate administrator to schedule a conference and consider certain factors before determining student placement), 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 on or off of school property:
(1) makes no changes to this subdivision;
(2)-(3) makes nonsubstantive changes to these subdivisions; or
(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 (School District Volunteers) of this code.
(b) Authorizes a student to be expelled if the student performs certain actions, including if the student:
(1) makes no change 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) creates an exception under Subsection (a)(3);
(B) makes a nonsubstantive change; or
(C) redesignates existing Paragraph (D) as Paragraph (C);
(3) 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; or
(4) redesignates existing Subdivision (5) as Subdivision (4).
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 if the student 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 (Aggravated Robbery), 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.
SECTION 2. Amends Section 37.002(d), Education Code, to prohibit a student, if the teacher removed the student from class because the student has engaged in the elements of any offense listed in certain provisions of Education Code, including Section 37.007(a)(4), rather than Section 37.007(b)(2)(C) or Section 37.006(a)(2)(B) (relating to requiring a student to be removed from class and placed in a disciplinary alternative education program if the student engages in conduct that contains the elements of the offense of assault on certain premises), against the teacher, from being returned to the teacher's class without the teacher's consent.
SECTION 3. Amends Sections 37.006(a) and (b), Education Code, as follows:
(a) Creates an exception under Section 37.007(a)(3) (relating to requiring a student to be expelled from school if the student, on or off school property, sells, gives, or delivers to another person or possesses or uses or is under the influence of certain substances).
(b) Deletes existing text creating an exception under Section 37.007(d) (relating to providing that a student is required or authorized 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 their association with a school district, regardless if 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).
SECTION 4. Amends Sections 37.011(b), (h), and (k), Education Code, as follows:
(b) Requires the juvenile court, the juvenile board, or the juvenile board's designee, as appropriate, to take certain actions 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 a person of a certain age) is expelled from school for conduct for which expulsion is required under certain sections. Deletes existing text providing that Section 37.007(d) is one of those sections.
(h)-(k) Makes conforming changes to these subsections.
SECTION 5. Amends Section 37.015(a), Education Code, to make a conforming change.
SECTION 6. Repealers: Sections 37.007(d) (relating to providing that a student is required or authorized 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 their association with a school district, regardless if 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) and (i) (relating to authorizing a student who engages in certain conduct to be expelled from school by the district in which the student attends school if the student engages in that conduct on certain premises), Education Code.
SECTION 7. Provides that this Act applies beginning with the 20252026 school year.
SECTION 8. Effective date: upon passage or September 1, 2025.