Texas 2025 - 89th Regular

Texas Senate Bill SB1872 Compare Versions

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1	1	By: Perry, Parker S.B. No. 1872
2	2	Sparks
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the expulsion of a public school student for engaging in
10	10	conduct that constitutes certain offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 37.007(a) and (b), Education Code, are
13	13	amended to read as follows:
14	14	(a) Except as provided by Subsection (k) and subject to the
15	15	requirements of Section 37.009(a), a student shall be expelled from
16	16	a school if the student, [on school property or while attending a
17	17	school-sponsored or school-related activity] on or off of school
18	18	property:
19	19	(1) engages in conduct that contains the elements of
20	20	the offense of unlawfully carrying weapons under Section 46.02,
21	21	Penal Code, or elements of an offense relating to prohibited
22	22	weapons under Section 46.05, Penal Code;
23	23	(2) engages in conduct that contains the elements of
24	24	the offense of:
25	25	(A) aggravated assault under Section 22.02,
26	26	Penal Code, sexual assault under Section 22.011, Penal Code, or
27	27	aggravated sexual assault under Section 22.021, Penal Code;
28	28	(B) arson under Section 28.02, Penal Code;
29	29	(C) murder under Section 19.02, Penal Code,
30	30	capital murder under Section 19.03, Penal Code, or criminal
31	31	attempt, under Section 15.01, Penal Code, to commit murder or
32	32	capital murder;
33	33	(D) indecency with a child under Section 21.11,
34	34	Penal Code;
35	35	(E) aggravated kidnapping under Section 20.04,
36	36	Penal Code;
37	37	(F) aggravated robbery under Section 29.03,
38	38	Penal Code;
39	39	(G) manslaughter under Section 19.04, Penal
40	40	Code;
41	41	(H) criminally negligent homicide under Section
42	42	19.05, Penal Code; or
43	43	(I) continuous sexual abuse of young child or
44	44	disabled individual under Section 21.02, Penal Code; [or]
45	45	(3) engages in conduct specified by Section
46	46	37.006(a)(2)(C), if the conduct is punishable as a felony; or
47	47	(4) engages in conduct that contains the elements of
48	48	an offense under Section 22.01(a)(1), Penal Code, against a school
49	49	district employee or a volunteer as defined by Section 22.053 of
50	50	this code.
51	51	(b) A student may be expelled if the student:
52	52	(1) engages in conduct involving a public school that
53	53	contains the elements of the offense of false alarm or report under
54	54	Section 42.06, Penal Code, or terroristic threat under Section
55	55	22.07, Penal Code;
56	56	(2) while on or within 300 feet of school property, as
57	57	measured from any point on the school's real property boundary
58	58	line, or while attending a school-sponsored or school-related
59	59	activity on or off of school property:
60	60	(A) except as provided by Subsection (a)(3),
61	61	sells, gives, or delivers to another person or possesses, uses, or
62	62	is under the influence of any amount of:
63	63	(i) marihuana or a controlled substance, as
64	64	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
65	65	Section 801 et seq.;
66	66	(ii) a dangerous drug, as defined by
67	67	Chapter 483, Health and Safety Code; or
68	68	(iii) an alcoholic beverage, as defined by
69	69	Section 1.04, Alcoholic Beverage Code;
70	70	(B) engages in conduct that contains the elements
71	71	of an offense relating to an abusable volatile chemical under
72	72	Sections 485.031 through 485.034, Health and Safety Code; or
73	73	(C) [engages in conduct that contains the
74	74	elements of an offense under Section 22.01(a)(1), Penal Code,
75	75	against a school district employee or a volunteer as defined by
76	76	Section 22.053; or
77	77	[(D)] engages in conduct that contains the
78	78	elements of the offense of deadly conduct under Section 22.05,
79	79	Penal Code;
80	80	(3) [subject to Subsection (d),] while within 300 feet
81	81	of school property, as measured from any point on the school's real
82	82	property boundary line,[:
83	83	[(A) engages in conduct specified by Subsection
84	84	(a); or
85	85	[(B)] possesses a firearm, as defined by 18
86	86	U.S.C. Section 921;
87	87	[(4) engages in conduct that contains the elements of
88	88	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
89	89	aggravated robbery under Section 29.03, Penal Code, against another
90	90	student, without regard to whether the conduct occurs on or off of
91	91	school property or while attending a school-sponsored or
92	92	school-related activity on or off of school property;] or
93	93	(4) [(5)] engages in conduct that contains the
94	94	elements of the offense of breach of computer security under
95	95	Section 33.02, Penal Code, if:
96	96	(A) the conduct involves accessing a computer,
97	97	computer network, or computer system owned by or operated on behalf
98	98	of a school district; and
99	99	(B) the student knowingly:
100	100	(i) alters, damages, or deletes school
101	101	district property or information; or
102	102	(ii) commits a breach of any other
103	103	computer, computer network, or computer system.
104	104	SECTION 2. Section 37.002(d), Education Code, is amended to
105	105	read as follows:
106	106	(d) A teacher shall remove from class and send to the
107	107	principal for placement in a disciplinary alternative education
108	108	program or for expulsion, as appropriate, a student who engages in
109	109	conduct described under Section 37.006 or 37.007. The student may
110	110	not be returned to that teacher's class without the teacher's
111	111	consent unless the committee established under Section 37.003
112	112	determines that such placement is the best or only alternative
113	113	available. If the teacher removed the student from class because
114	114	the student has engaged in the elements of any offense listed in
115	115	[Section 37.006(a)(2)(B) or] Section 37.007(a)(2)(A) or (a)(4)
116	116	[(b)(2)(C)] against the teacher, the student may not be returned to
117	117	the teacher's class without the teacher's consent. The teacher may
118	118	not be coerced to consent.
119	119	SECTION 3. Sections 37.006(a) and (b), Education Code, are
120	120	amended to read as follows:
121	121	(a) Subject to the requirements of Section 37.009(a), a
122	122	student shall be removed from class and placed in a disciplinary
123	123	alternative education program as provided by Section 37.008 if the
124	124	student:
125	125	(1) engages in conduct involving a public school that
126	126	contains the elements of the offense of false alarm or report under
127	127	Section 42.06, Penal Code, or terroristic threat under Section
128	128	22.07, Penal Code; or
129	129	(2) commits the following on or within 300 feet of
130	130	school property, as measured from any point on the school's real
131	131	property boundary line, or while attending a school-sponsored or
132	132	school-related activity on or off of school property:
133	133	(A) engages in conduct punishable as a felony;
134	134	(B) engages in conduct that contains the elements
135	135	of the offense of assault under Section 22.01(a)(1), Penal Code;
136	136	(C) except as provided by Section 37.007(a)(3),
137	137	sells, gives, or delivers to another person or possesses or uses or
138	138	is under the influence of:
139	139	(i) a controlled substance, as defined by
140	140	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
141	141	seq., excluding marihuana, as defined by Section 481.002, Health
142	142	and Safety Code, or tetrahydrocannabinol, as defined by rule
143	143	adopted under Section 481.003 of that code; or
144	144	(ii) a dangerous drug, as defined by
145	145	Chapter 483, Health and Safety Code;
146	146	(C-1) possesses, uses, or is under the influence
147	147	of, or sells, gives, or delivers to another person marihuana, as
148	148	defined by Section 481.002, Health and Safety Code, or
149	149	tetrahydrocannabinol, as defined by rule adopted under Section
150	150	481.003 of that code;
151	151	(C-2) possesses, uses, sells, gives, or delivers
152	152	to another person an e-cigarette, as defined by Section 161.081,
153	153	Health and Safety Code;
154	154	(D) sells, gives, or delivers to another person
155	155	an alcoholic beverage, as defined by Section 1.04, Alcoholic
156	156	Beverage Code, commits a serious act or offense while under the
157	157	influence of alcohol, or possesses, uses, or is under the influence
158	158	of an alcoholic beverage;
159	159	(E) engages in conduct that contains the elements
160	160	of an offense relating to an abusable volatile chemical under
161	161	Sections 485.031 through 485.034, Health and Safety Code;
162	162	(F) engages in conduct that contains the elements
163	163	of the offense of public lewdness under Section 21.07, Penal Code,
164	164	or indecent exposure under Section 21.08, Penal Code; or
165	165	(G) engages in conduct that contains the elements
166	166	of the offense of harassment under Section 42.07(a)(1), (2), (3),
167	167	or (7), Penal Code, against an employee of the school district.
168	168	(b) A [Except as provided by Section 37.007(d), a] student
169	169	shall be removed from class and placed in a disciplinary
170	170	alternative education program under Section 37.008 if the student
171	171	engages in conduct on or off of school property that contains the
172	172	elements of the offense of retaliation under Section 36.06, Penal
173	173	Code, against any school employee.
174	174	SECTION 4. Sections 37.011(b), (h), and (k), Education
175	175	Code, are amended to read as follows:
176	176	(b) If a student admitted into the public schools of a
177	177	school district under Section 25.001(b) is expelled from school for
178	178	conduct for which expulsion is required under Section 37.007(a)[,
179	179	(d),] or (e), or for conduct that contains the elements of the
180	180	offense of terroristic threat as described by Section 22.07(c-1),
181	181	(d), or (e), Penal Code, the juvenile court, the juvenile board, or
182	182	the juvenile board's designee, as appropriate, shall:
183	183	(1) if the student is placed on probation under
184	184	Section 54.04, Family Code, order the student to attend the
185	185	juvenile justice alternative education program in the county in
186	186	which the student resides from the date of disposition as a
187	187	condition of probation, unless the child is placed in a
188	188	post-adjudication treatment facility;
189	189	(2) if the student is placed on deferred prosecution
190	190	under Section 53.03, Family Code, by the court, prosecutor, or
191	191	probation department, require the student to immediately attend the
192	192	juvenile justice alternative education program in the county in
193	193	which the student resides for a period not to exceed six months as a
194	194	condition of the deferred prosecution;
195	195	(3) in determining the conditions of the deferred
196	196	prosecution or court-ordered probation, consider the length of the
197	197	school district's expulsion order for the student; and
198	198	(4) provide timely educational services to the student
199	199	in the juvenile justice alternative education program in the county
200	200	in which the student resides, regardless of the student's age or
201	201	whether the juvenile court has jurisdiction over the student.
202	202	(h) Academically, the mission of juvenile justice
203	203	alternative education programs shall be to enable students to
204	204	perform at grade level. For purposes of accountability under
205	205	Chapters 39 and 39A, a student enrolled in a juvenile justice
206	206	alternative education program is reported as if the student were
207	207	enrolled at the student's assigned campus in the student's
208	208	regularly assigned education program, including a special
209	209	education program. Annually the Texas Juvenile Justice
210	210	Department, with the agreement of the commissioner, shall develop
211	211	and implement a system of accountability consistent with Chapters
212	212	39 and 39A, where appropriate, to assure that students make
213	213	progress toward grade level while attending a juvenile justice
214	214	alternative education program. The department shall adopt rules
215	215	for the distribution of funds appropriated under this section to
216	216	juvenile boards in counties required to establish juvenile justice
217	217	alternative education programs. Except as determined by the
218	218	commissioner, a student served by a juvenile justice alternative
219	219	education program on the basis of an expulsion required under
220	220	Section 37.007(a)[, (d),] or (e) is not eligible for Foundation
221	221	School Program funding under Chapter 31 or 48 if the juvenile
222	222	justice alternative education program receives funding from the
223	223	department under this subchapter.
224	224	(k) Each school district in a county with a population
225	225	greater than 125,000 and the county juvenile board shall annually
226	226	enter into a joint memorandum of understanding that:
227	227	(1) outlines the responsibilities of the juvenile
228	228	board concerning the establishment and operation of a juvenile
229	229	justice alternative education program under this section;
230	230	(2) defines the amount and conditions on payments from
231	231	the school district to the juvenile board for students of the school
232	232	district served in the juvenile justice alternative education
233	233	program whose placement was not made on the basis of an expulsion
234	234	required under Section 37.007(a)[, (d),] or (e);
235	235	(3) establishes that a student may be placed in the
236	236	juvenile justice alternative education program if the student
237	237	engages in serious misbehavior, as defined by Section 37.007(c);
238	238	(4) identifies and requires a timely placement and
239	239	specifies a term of placement for expelled students for whom the
240	240	school district has received a notice under Section 52.041(d),
241	241	Family Code;
242	242	(5) establishes services for the transitioning of
243	243	expelled students to the school district prior to the completion of
244	244	the student's placement in the juvenile justice alternative
245	245	education program;
246	246	(6) establishes a plan that provides transportation
247	247	services for students placed in the juvenile justice alternative
248	248	education program;
249	249	(7) establishes the circumstances and conditions
250	250	under which a juvenile may be allowed to remain in the juvenile
251	251	justice alternative education program setting once the juvenile is
252	252	no longer under juvenile court jurisdiction; and
253	253	(8) establishes a plan to address special education
254	254	services required by law.
255	255	SECTION 5. Section 37.015(a), Education Code, is amended to
256	256	read as follows:
257	257	(a) The principal of a public or private primary or
258	258	secondary school, or a person designated by the principal under
259	259	Subsection (d), shall notify any school district police department
260	260	and the police department of the municipality in which the school is
261	261	located or, if the school is not in a municipality, the sheriff of
262	262	the county in which the school is located if the principal has
263	263	reasonable grounds to believe that any of the following activities
264	264	occur in school, on school property, or at a school-sponsored or
265	265	school-related activity on or off school property, whether or not
266	266	the activity is investigated by school security officers:
267	267	(1) conduct that may constitute an offense listed
268	268	under Section 508.149, Government Code;
269	269	(2) deadly conduct under Section 22.05, Penal Code;
270	270	(3) a terroristic threat under Section 22.07, Penal
271	271	Code;
272	272	(4) the use, sale, or possession of a controlled
273	273	substance, drug paraphernalia, or marihuana under Chapter 481,
274	274	Health and Safety Code;
275	275	(5) the possession of any of the weapons or devices
276	276	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
277	277	Code;
278	278	(6) conduct that may constitute a criminal offense
279	279	under Section 71.02, Penal Code; or
280	280	(7) conduct that may constitute a criminal offense for
281	281	which a student may be expelled under Section 37.007(a)[, (d),] or
282	282	(e).
283	283	SECTION 6. Sections 37.007(d) and (i), Education Code, are
284	284	repealed.
285	285	SECTION 7. This Act applies beginning with the 2025-2026
286	286	school year.
287	287	SECTION 8. This Act takes effect immediately if it receives
288	288	a vote of two-thirds of all the members elected to each house, as
289	289	provided by Section 39, Article III, Texas Constitution. If this
290	290	Act does not receive the vote necessary for immediate effect, this
291	291	Act takes effect September 1, 2025.