Texas 2025 - 89th Regular

Texas Senate Bill SB2241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5971 AMF-D
2	2	By: West S.B. No. 2241
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to policies and procedures for addressing dating violence
10	10	in public schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.104(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) An open-enrollment charter school is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense;
17	17	(2) the provisions in Chapter 554, Government Code;
18	18	and
19	19	(3) a prohibition, restriction, or requirement, as
20	20	applicable, imposed by this title or a rule adopted under this
21	21	title, relating to:
22	22	(A) the Public Education Information Management
23	23	System (PEIMS) to the extent necessary to monitor compliance with
24	24	this subchapter as determined by the commissioner;
25	25	(B) criminal history records under Subchapter C,
26	26	Chapter 22;
27	27	(C) reading instruments and accelerated reading
28	28	instruction programs under Section 28.006;
29	29	(D) accelerated instruction under Section
30	30	28.0211;
31	31	(E) high school graduation requirements under
32	32	Section 28.025;
33	33	(F) special education programs under Subchapter
34	34	A, Chapter 29;
35	35	(G) bilingual education under Subchapter B,
36	36	Chapter 29;
37	37	(H) prekindergarten programs under Subchapter E
38	38	or E-1, Chapter 29, except class size limits for prekindergarten
39	39	classes imposed under Section 25.112, which do not apply;
40	40	(I) extracurricular activities under Section
41	41	33.081;
42	42	(J) discipline management practices or behavior
43	43	management techniques under Section 37.0021;
44	44	(K) health and safety under Chapter 38;
45	45	(L) the provisions of Subchapter A, Chapter 39;
46	46	(M) public school accountability and special
47	47	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
48	48	39, and Chapter 39A;
49	49	(N) the requirement under Section 21.006 to
50	50	report an educator's misconduct;
51	51	(O) intensive programs of instruction under
52	52	Section 28.0213;
53	53	(P) the right of a school employee to report a
54	54	crime, as provided by Section 37.148;
55	55	(Q) bullying prevention policies and procedures
56	56	under Section 37.0832;
57	57	(R) the right of a school under Section 37.0052
58	58	to place a student who has engaged in certain bullying or dating
59	59	violence behavior in a disciplinary alternative education program
60	60	or to expel the student;
61	61	(S) the right under Section 37.0151 to report to
62	62	local law enforcement certain conduct constituting assault or
63	63	harassment;
64	64	(T) a parent's right to information regarding the
65	65	provision of assistance for learning difficulties to the parent's
66	66	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
67	67	(U) establishment of residency under Section
68	68	25.001;
69	69	(V) school safety requirements under Sections
70	70	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
71	71	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
72	72	37.2071 and Subchapter J, Chapter 37;
73	73	(W) the early childhood literacy and mathematics
74	74	proficiency plans under Section 11.185;
75	75	(X) the college, career, and military readiness
76	76	plans under Section 11.186; and
77	77	(Y) parental options to retain a student under
78	78	Section 28.02124.
79	79	SECTION 2. Section 37.001(a), Education Code, is amended to
80	80	read as follows:
81	81	(a) The board of trustees of an independent school district
82	82	shall, with the advice of its district-level committee established
83	83	under Subchapter F, Chapter 11, adopt a student code of conduct for
84	84	the district. The student code of conduct must be posted and
85	85	prominently displayed at each school campus or made available for
86	86	review at the office of the campus principal. In addition to
87	87	establishing standards for student conduct, the student code of
88	88	conduct must:
89	89	(1) specify the circumstances, in accordance with this
90	90	subchapter, under which a student may be removed from a classroom,
91	91	campus, disciplinary alternative education program, or vehicle
92	92	owned or operated by the district;
93	93	(2) specify conditions that authorize or require a
94	94	principal or other appropriate administrator to transfer a student
95	95	to a disciplinary alternative education program;
96	96	(3) outline conditions under which a student may be
97	97	suspended as provided by Section 37.005 or expelled as provided by
98	98	Section 37.007;
99	99	(4) specify that consideration will be given, as a
100	100	factor in each decision concerning suspension, removal to a
101	101	disciplinary alternative education program, expulsion, or
102	102	placement in a juvenile justice alternative education program,
103	103	regardless of whether the decision concerns a mandatory or
104	104	discretionary action, to:
105	105	(A) self-defense;
106	106	(B) intent or lack of intent at the time the
107	107	student engaged in the conduct;
108	108	(C) a student's disciplinary history;
109	109	(D) a disability that substantially impairs the
110	110	student's capacity to appreciate the wrongfulness of the student's
111	111	conduct;
112	112	(E) a student's status in the conservatorship of
113	113	the Department of Family and Protective Services; or
114	114	(F) a student's status as a student who is
115	115	homeless;
116	116	(5) provide guidelines for setting the length of a
117	117	term of:
118	118	(A) a removal under Section 37.006; and
119	119	(B) an expulsion under Section 37.007;
120	120	(6) address the notification of a student's parent or
121	121	guardian of a violation of the student code of conduct committed by
122	122	the student that results in suspension, removal to a disciplinary
123	123	alternative education program, or expulsion;
124	124	(7) prohibit bullying, dating violence, harassment,
125	125	and making hit lists and ensure that district employees enforce
126	126	those prohibitions;
127	127	(8) provide, as appropriate for students at each grade
128	128	level, methods, including options, for:
129	129	(A) managing students in the classroom, on school
130	130	grounds, and on a vehicle owned or operated by the district;
131	131	(B) disciplining students; and
132	132	(C) preventing and intervening in student
133	133	discipline problems, including bullying, dating violence,
134	134	harassment, and making hit lists; and
135	135	(9) include an explanation of the provisions regarding
136	136	refusal of entry to or ejection from district property under
137	137	Section 37.105, including the appeal process established under
138	138	Section 37.105(h).
139	139	SECTION 3. Section 37.001(b), Education Code, is amended by
140	140	adding Subdivision (1-a) to read as follows:
141	141	(1-a) "Dating violence" has the meaning assigned by
142	142	Section 37.0052(a).
143	143	SECTION 4. The heading to Section 37.0052, Education Code,
144	144	is amended to read as follows:
145	145	Sec. 37.0052. PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE
146	146	ENGAGED IN CERTAIN BULLYING OR DATING VIOLENCE BEHAVIOR.
147	147	SECTION 5. Section 37.0052(a), Education Code, is amended
148	148	by adding Subdivision (1-a) to read as follows:
149	149	(1-a) "Dating violence" means the intentional use of
150	150	physical, sexual, verbal, or emotional abuse by a person to harm,
151	151	threaten, intimidate, or control another person in a dating
152	152	relationship, as defined by Section 71.0021, Family Code.
153	153	SECTION 6. Section 37.0052(b), Education Code, is amended
154	154	to read as follows:
155	155	(b) A student may be removed from class and placed in a
156	156	disciplinary alternative education program as provided by Section
157	157	37.008 or expelled if the student:
158	158	(1) engages in bullying that encourages a student to
159	159	commit or attempt to commit suicide;
160	160	(2) incites violence against a student through group
161	161	bullying; [or]
162	162	(3) engages in dating violence; or
163	163	(4) releases or threatens to release intimate visual
164	164	material of a minor or a student who is 18 years of age or older
165	165	without the student's consent.
166	166	SECTION 7. Section 37.008, Education Code, is amended by
167	167	adding Subsection (k-1) to read as follows:
168	168	(k-1) A program of educational and support services may be
169	169	provided to a student and the student's parents when the offense
170	170	involves dating violence as specified under Section 37.0052.
171	171	Educational materials, resources, and instruction regarding dating
172	172	violence and establishing healthy relationships must be provided in
173	173	accordance with Sections 28.002 and 37.0831, as applicable.
174	174	SECTION 8. This Act applies beginning with the 2025-2026
175	175	school year.
176	176	SECTION 9. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2025.