Bill Text: TX HB1066 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a psychological assessment of homicidal risk of a public school student following the student's expulsion or placement in a disciplinary alternative education program for certain conduct.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-02 - Referred to Youth Health & Safety, Select [HB1066 Detail]

Download: Texas-2023-HB1066-Introduced.html
  88R3168 MEW-F
 
  By: VanDeaver H.B. No. 1066
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a psychological assessment of homicidal risk of a
  public school student following the student's expulsion or
  placement in a disciplinary alternative education program for
  certain conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.025 to read as follows:
         Sec. 37.025.  PSYCHOLOGICAL ASSESSMENT OF HOMICIDAL RISK
  REQUIRED FOR CERTAIN STUDENTS TO RETURN TO REGULAR CLASSROOM OR
  CAMPUS. (a)  This section applies to a student who was expelled or
  placed in a disciplinary alternative education program for:
               (1)  engaging in conduct that contains the elements of
  the offense of unlawfully carrying weapons under Section 46.02,
  Penal Code, or an offense relating to prohibited weapons under
  Section 46.05, Penal Code; or
               (2)  engaging 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.
         (b)  Not later than the seventh day before the proposed date
  of the transition of a student described by Subsection (a) to a
  regular classroom or campus, the school district shall require the
  student to undergo a psychological assessment of homicidal risk.
  The assessment must be conducted by a psychologist, and the results
  of the assessment must be provided to the district.
         (c)  Not later than the third day after the date on which a
  school district receives the results of a student's psychological
  assessment of homicidal risk under Subsection (b), the campus
  behavior coordinator or other appropriate administrator at the
  student's assigned campus shall schedule a conference among the
  campus behavior coordinator or other appropriate administrator,
  the student, the student's parent or person standing in parental
  relation to the student, and the psychologist who conducted the
  assessment. At the conference, the student is entitled to a written
  copy of the results of the student's assessment and an opportunity
  to respond to those results. The student may not be returned to a
  regular classroom or campus pending the conference.
         (d)  Following a conference under Subsection (c), the campus
  behavior coordinator or other appropriate administrator shall
  determine whether, based on the results of the student's assessment
  and information provided at the conference, the student's presence
  in a regular classroom or at a regular campus would pose a risk
  because the student's presence would:
               (1)  threaten the safety of other students or district
  employees; or
               (2)  be detrimental to the educational process. 
         (e)  If the campus behavior coordinator or other appropriate
  administrator makes a determination that a student's presence in a
  regular classroom or at a regular campus would pose a risk under
  Subsection (d), the student may not be returned to a regular
  classroom or campus.
         (f)  If school district policy allows a student to appeal to
  the board of trustees or the board's designee a determination of the
  campus behavior coordinator or other appropriate administrator
  under Subsection (d), the decision of the board or the board's
  designee is final and may not be appealed.
         (g)  Not later than the 45th day after the date a campus
  behavior coordinator or other appropriate administrator makes a
  determination described by Subsection (e) regarding a student, the
  school district in which the student resides shall require the
  student to undergo another psychological assessment of homicidal
  risk in accordance with this section.
         (h)  A psychological assessment of homicidal risk conducted
  under this section shall be provided to a student at no cost to the
  student or the student's parent or person standing in parental
  relation to the student.
         (i)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  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, 2023.
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