Bill Text: TX HB1201 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to alternative settings for behavior management in public schools, including the development of restorative discipline practices as part of a school district's discipline and placement of a student in a disciplinary alternative education program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-04 - Referred to Public Education [HB1201 Detail]
Download: Texas-2021-HB1201-Introduced.html
87R4642 MWC-D | ||
By: Wu | H.B. No. 1201 |
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relating to alternative settings for behavior management in public | ||
schools, including the development of restorative discipline | ||
practices as part of a school district's discipline and placement | ||
of a student in a disciplinary alternative education program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.0012(d), Education Code, is amended | ||
to read as follows: | ||
(d) The campus behavior coordinator shall promptly notify a | ||
student's parent or guardian as provided by this subsection if | ||
under this subchapter the student is placed into in-school or | ||
out-of-school suspension, placed in a disciplinary alternative | ||
education program, expelled, or placed in a juvenile justice | ||
alternative education program or is taken into custody by a law | ||
enforcement officer. A campus behavior coordinator must comply | ||
with this subsection by: | ||
(1) promptly contacting the parent or guardian by | ||
telephone or in person; and | ||
(2) making a good faith effort to provide written | ||
notice [ |
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disciplinary [ |
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parent or guardian, of: | ||
(A) the action taken; and | ||
(B) any restorative discipline practices used | ||
under Section 37.0017 before action has been taken under | ||
Subparagraph (A). | ||
SECTION 2. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0017 to read as follows: | ||
Sec. 37.0017. USE OF RESTORATIVE DISCIPLINE PRACTICES. (a) | ||
In this section, "restorative discipline practices" includes | ||
practices that address student behavior by building relationships | ||
and encouraging belonging over exclusion, social engagement over | ||
control, and meaningful accountability over punishment. | ||
(b) Each school district and open-enrollment charter school | ||
shall develop and implement restorative discipline practices as | ||
alternatives to disciplinary measures. | ||
(c) If disciplinary action is discretionary under this | ||
subchapter, the campus behavior coordinator or another appropriate | ||
administrator shall attempt restorative discipline practices | ||
developed and implemented under Subsection (b) as an alternative | ||
method for managing a student's behavior before: | ||
(1) placing the student into in-school or | ||
out-of-school suspension; | ||
(2) placing the student in a disciplinary alternative | ||
education program; | ||
(3) expelling the student; or | ||
(4) placing the student in a juvenile justice | ||
alternative education program. | ||
(d) A school district or open-enrollment charter school | ||
shall document each use of a restorative discipline practice | ||
implemented under Subsection (b) and any outcome on student | ||
behavior. | ||
SECTION 3. Sections 37.006(c), (d), and (f), Education | ||
Code, are amended to read as follows: | ||
(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[ |
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(2) a court or jury finds that the student has engaged | ||
in delinquent conduct under Section 54.03, Family Code, for conduct | ||
defined as[ |
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(3) the superintendent or the superintendent's | ||
designee has a reasonable belief that the student has engaged in a | ||
conduct defined as[ |
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(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 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 superintendent or the superintendent's | ||
designee has a reasonable belief that the student has engaged in | ||
conduct defined as a felony offense other than an offense | ||
[ |
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(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. | ||
(f) Subject to Section 37.007(e), a student who is younger | ||
than 12 [ |
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disciplinary alternative education program under Section 37.008 if | ||
the student engages in conduct described by Section 37.007. An | ||
elementary school student may not be placed in a disciplinary | ||
alternative education program with any other student who is not an | ||
elementary school student. | ||
SECTION 4. Sections 37.007(e) and (h), Education Code, are | ||
amended to read as follows: | ||
(e) In accordance with 20 U.S.C. Section 7961 [ |
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local educational agency, including a school district, home-rule | ||
school district, or open-enrollment charter school, shall expel a | ||
student who brings a firearm, as defined by 18 U.S.C. Section 921, | ||
to school. The student must be expelled from the student's regular | ||
campus for a period of at least one year, except that: | ||
(1) the superintendent or other chief administrative | ||
officer of the school district or of the other local educational | ||
agency, as defined by 20 U.S.C. Section 7801, may modify the length | ||
of the expulsion in the case of an individual student; | ||
(2) the district or other local educational agency | ||
shall provide educational services to an expelled student in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 if the student is younger than 12 [ |
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date of expulsion; and | ||
(3) the district or other local educational agency may | ||
provide educational services to an expelled student who is 12 [ |
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years of age or older in a disciplinary alternative education | ||
program as provided in Section 37.008. | ||
(h) Subject to Subsection (e), notwithstanding any other | ||
provision of this section, a student who is younger than 12 [ |
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years of age may not be expelled for engaging in conduct described | ||
by this section. | ||
SECTION 5. Section 37.009, Education Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) The period of the placement in a disciplinary | ||
alternative education program determined under Subsection (a) or | ||
(d) begins on the first school day after the date the conference is | ||
held under Subsection (a) and includes days the student is: | ||
(1) placed into in-school or out-of-school | ||
suspension; | ||
(2) awaiting placement or enrollment in a disciplinary | ||
alternative education program or juvenile justice alternative | ||
education program; or | ||
(3) otherwise removed from class. | ||
SECTION 6. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 7. 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, 2021. |