Bill Text: TX HB285 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the expulsion of public school students for engaging in conduct that constitutes serious offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Youth Health & Safety, Select [HB285 Detail]
Download: Texas-2023-HB285-Introduced.html
By: Bernal | H.B. No. 285 |
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relating to the expulsion of public school students for engaging in | ||
conduct that constitutes serious offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.007, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Subject | ||
to the considerations required under Subsection (c) and except | ||
[ |
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expelled from a school if the student: | ||
(1) while[ |
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school-sponsored or school-related activity on or off of school | ||
property: | ||
(A) [ |
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elements of the offense of unlawfully carrying weapons under | ||
Section 46.02, Penal Code, or elements of an offense relating to | ||
prohibited weapons under Section 46.05, Penal Code; | ||
(B) [ |
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elements of the offense of: | ||
(i) [ |
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22.02, Penal Code, sexual assault under Section 22.011, Penal Code, | ||
or aggravated sexual assault under Section 22.021, Penal Code; | ||
(ii) [ |
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Code; | ||
(iii) [ |
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Penal Code, capital murder under Section 19.03, Penal Code, or | ||
criminal attempt, under Section 15.01, Penal Code, to commit murder | ||
or capital murder; | ||
(iv) [ |
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Section 21.11, Penal Code; | ||
(v) [ |
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Section 20.04, Penal Code; | ||
(vi) [ |
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Section 29.03, Penal Code; | ||
(vii) [ |
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19.04, Penal Code; | ||
(viii) [ |
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under Section 19.05, Penal Code; or | ||
(ix) [ |
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child or children under Section 21.02, Penal Code; or | ||
(C) [ |
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Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a | ||
felony. | ||
(b) Subject to the considerations required under Subsection | ||
(c), a [ |
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(1) engages 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; | ||
(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) sells, gives, or delivers to another person | ||
or possesses, uses, or is under the influence of any amount of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; or | ||
(iii) an alcoholic beverage, as defined by | ||
Section 1.04, Alcoholic Beverage Code; | ||
(B) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Section [ |
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485.034, Health and Safety Code; | ||
(C) 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 of this code; or | ||
(D) engages in conduct that contains the elements | ||
of the offense of deadly conduct under Section 22.05, Penal Code; | ||
(3) subject to Subsection (a)(2) [ |
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300 feet of school property, as measured from any point on the | ||
school's real property boundary line: | ||
(A) engages in conduct specified by Subsection | ||
(a)(1); or | ||
(B) possesses a firearm, as defined by 18 U.S.C. | ||
Section 921; | ||
(4) engages in conduct that contains the elements of | ||
any offense listed in Subsection (a)(1)(B)(i) [ |
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[ |
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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; [ |
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(5) engages in conduct that contains the elements of | ||
the offense of breach of computer security under Section 33.02, | ||
Penal Code, if: | ||
(A) the conduct involves accessing a computer, | ||
computer network, or computer system owned by or operated on behalf | ||
of a school district; and | ||
(B) the student knowingly: | ||
(i) alters, damages, or deletes school | ||
district property or information; or | ||
(ii) commits a breach of any other | ||
computer, computer network, or computer system; | ||
(6) [ |
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while placed in a disciplinary alternative education program, | ||
engages in any of the following documented serious misbehavior | ||
while on the program campus despite documented behavioral | ||
interventions[ |
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(A) [ |
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a direct threat to the health or safety of others; | ||
(B) [ |
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money or other property by force or threat; | ||
(C) [ |
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defined by Section 1.07, Penal Code; or | ||
(D) [ |
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of: | ||
(i) [ |
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21.07, Penal Code; | ||
(ii) [ |
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21.08, Penal Code; | ||
(iii) [ |
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Section 28.03, Penal Code; | ||
(iv) [ |
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37.152; or | ||
(v) [ |
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42.07(a)(1), Penal Code, of a student or district employee; | ||
(7) [ |
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conduct that contains the elements of any offense listed in | ||
Subdivision (2)(C) [ |
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volunteer in retaliation for or as a result of the person's | ||
employment or association with a school district, 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; | ||
(8) engages in conduct that contains the elements of | ||
the offense of criminal mischief under Section 28.03, Penal Code, | ||
if the conduct is punishable as a felony under that section; or | ||
(9) engages in conduct described by Subsection (a)(1) | ||
while: | ||
(A) on school property of another district in | ||
this state; or | ||
(B) attending a school-sponsored or | ||
school-related activity of a school in another district in this | ||
state. | ||
(c) A school district shall consider each factor listed | ||
under Section 37.001(a)(4) before making a decision to expel a | ||
student under Subsection (a) or (b). | ||
(d) [ |
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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 10 years of age on the date of | ||
expulsion; and | ||
(3) the district or other local educational agency may | ||
provide educational services to an expelled student who is 10 years | ||
of age or older in a disciplinary alternative education program as | ||
provided in Section 37.008. | ||
(e) [ |
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Subsection (b)(8) [ |
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authorized officer of the juvenile court regardless of whether the | ||
student is expelled under Subsection (b). | ||
(f) [ |
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15.27, Code of Criminal Procedure, a school district shall inform | ||
each educator who has responsibility for, or is under the direction | ||
and supervision of an educator who has responsibility for, the | ||
instruction of a student who has engaged in any violation listed in | ||
this section of the student's misconduct. Each educator shall keep | ||
the information received under this subsection confidential from | ||
any person not entitled to the information under this subsection, | ||
except that the educator may share the information with the | ||
student's parent or guardian as provided for by state or federal | ||
law. The State Board for Educator Certification may revoke or | ||
suspend the certification of an educator who intentionally violates | ||
this subsection. | ||
(g) [ |
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any other provision of this section, a student who is younger than | ||
10 years of age may not be expelled for engaging in conduct | ||
described by this section. | ||
(h) [ |
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[ |
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[ |
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the student's use, exhibition, or possession of a firearm that | ||
occurs: | ||
(1) at an approved target range facility that is not | ||
located on a school campus; and | ||
(2) while participating in or preparing for a | ||
school-sponsored shooting sports competition or a shooting sports | ||
educational activity that is sponsored or supported by the Parks | ||
and Wildlife Department or a shooting sports sanctioning | ||
organization working with the department. | ||
(i) [ |
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to bring a firearm on school property to participate in or prepare | ||
for a school-sponsored shooting sports competition or a shooting | ||
sports educational activity described by that subsection. | ||
SECTION 2. Section 37.001(e), Education Code, is amended to | ||
read as follows: | ||
(e) Except as provided by Section 37.007(d) [ |
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this subchapter does not require the student code of conduct to | ||
specify a minimum term of a removal under Section 37.006 or an | ||
expulsion under Section 37.007. | ||
SECTION 3. Section 37.002(d), Education Code, is amended to | ||
read as follows: | ||
(d) A teacher shall remove from class and send to the | ||
principal for placement in a disciplinary alternative education | ||
program or for expulsion, as appropriate, a student who engages in | ||
conduct described under Section 37.006 or 37.007. The student may | ||
not be returned to that teacher's class without the teacher's | ||
consent unless the committee established under Section 37.003 | ||
determines that such placement is the best or only alternative | ||
available. If the teacher removed the student from class because | ||
the student has engaged in the elements of any offense listed in | ||
Section 37.006(a)(2)(B) or Section 37.007(a)(1)(B)(i) | ||
[ |
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not be returned to the teacher's class without the teacher's | ||
consent. The teacher may not be coerced to consent. | ||
SECTION 4. Section 37.0021(f), Education Code, is amended | ||
to read as follows: | ||
(f) For purposes of this subsection, "weapon" includes any | ||
weapon described under Section 37.007(a)(1)(A) [ |
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This section does not prevent a student's locked, unattended | ||
confinement in an emergency situation while awaiting the arrival of | ||
law enforcement personnel if: | ||
(1) the student possesses a weapon; and | ||
(2) the confinement is necessary to prevent the | ||
student from causing bodily harm to the student or another person. | ||
SECTION 5. Sections 37.006(b), (f), and (l), Education | ||
Code, are amended to read as follows: | ||
(b) Except as provided by Sections 37.007(a)(2) and (b)(7) | ||
[ |
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placed in a disciplinary alternative education program under | ||
Section 37.008 if the student engages in conduct on or off of school | ||
property that contains the elements of the offense of retaliation | ||
under Section 36.06, Penal Code, against any school employee. | ||
(f) Subject to Section 37.007(d) [ |
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is younger than 10 years of age shall be removed from class and | ||
placed in a 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. | ||
(l) Notwithstanding any other provision of this code, other | ||
than Section 37.007(d)(2) [ |
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than six years of age may not be removed from class and placed in a | ||
disciplinary alternative education program. | ||
SECTION 6. Section 37.010(b), Education Code, is amended to | ||
read as follows: | ||
(b) If a student is expelled under Section 37.007(b)(6) | ||
[ |
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the authorized officer of the juvenile court for appropriate | ||
proceedings under Title 3, Family Code. | ||
SECTION 7. Sections 37.011(b), (h), (k), (l), and (p), | ||
Education Code, are amended to read as follows: | ||
(b) If a student admitted into the public schools of a | ||
school district under Section 25.001(b) is expelled from school | ||
[ |
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37.007(a) or (d) [ |
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contains the elements of the offense of terroristic threat as | ||
described by Section 22.07(c-1), (d), or (e), Penal Code, the | ||
juvenile court, the juvenile board, or the juvenile board's | ||
designee, as appropriate, shall: | ||
(1) if the student is placed on probation under | ||
Section 54.04, Family Code, order the student to attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides from the date of disposition as a | ||
condition of probation, unless the child is placed in a | ||
post-adjudication treatment facility; | ||
(2) if the student is placed on deferred prosecution | ||
under Section 53.03, Family Code, by the court, prosecutor, or | ||
probation department, require the student to immediately attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides for a period not to exceed six months as a | ||
condition of the deferred prosecution; | ||
(3) in determining the conditions of the deferred | ||
prosecution or court-ordered probation, consider the length of the | ||
school district's expulsion order for the student; and | ||
(4) provide timely educational services to the student | ||
in the juvenile justice alternative education program in the county | ||
in which the student resides, regardless of the student's age or | ||
whether the juvenile court has jurisdiction over the student. | ||
(h) Academically, the mission of juvenile justice | ||
alternative education programs shall be to enable students to | ||
perform at grade level. For purposes of accountability under | ||
Chapters 39 and 39A, a student enrolled in a juvenile justice | ||
alternative education program is reported as if the student were | ||
enrolled at the student's assigned campus in the student's | ||
regularly assigned education program, including a special | ||
education program. Annually the Texas Juvenile Justice Department, | ||
with the agreement of the commissioner, shall develop and implement | ||
a system of accountability consistent with Chapters 39 and 39A, | ||
where appropriate, to assure that students make progress toward | ||
grade level while attending a juvenile justice alternative | ||
education program. The department shall adopt rules for the | ||
distribution of funds appropriated under this section to juvenile | ||
boards in counties required to establish juvenile justice | ||
alternative education programs. Except as determined by the | ||
commissioner, a student served by a juvenile justice alternative | ||
education program on the basis of an expulsion [ |
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Section 37.007(a) or (d) [ |
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for Foundation School Program funding under Chapter 31 or 48 if the | ||
juvenile justice alternative education program receives funding | ||
from the department under this subchapter. | ||
(k) Each school district in a county with a population | ||
greater than 125,000 and the county juvenile board shall annually | ||
enter into a joint memorandum of understanding that: | ||
(1) outlines the responsibilities of the juvenile | ||
board concerning the establishment and operation of a juvenile | ||
justice alternative education program under this section; | ||
(2) defines the amount and conditions on payments from | ||
the school district to the juvenile board for students of the school | ||
district served in the juvenile justice alternative education | ||
program whose placement was not made on the basis of an expulsion | ||
[ |
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(3) establishes that a student may be placed in the | ||
juvenile justice alternative education program if the student | ||
engages in any serious misbehavior described[ |
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Section 37.007(b)(6) [ |
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(4) identifies and requires a timely placement and | ||
specifies a term of placement for expelled students for whom the | ||
school district has received a notice under Section 52.041(d), | ||
Family Code; | ||
(5) establishes services for the transitioning of | ||
expelled students to the school district prior to the completion of | ||
the student's placement in the juvenile justice alternative | ||
education program; | ||
(6) establishes a plan that provides transportation | ||
services for students placed in the juvenile justice alternative | ||
education program; | ||
(7) establishes the circumstances and conditions | ||
under which a juvenile may be allowed to remain in the juvenile | ||
justice alternative education program setting once the juvenile is | ||
no longer under juvenile court jurisdiction; and | ||
(8) establishes a plan to address special education | ||
services required by law. | ||
(l) The school district shall be responsible for providing | ||
an immediate educational program to students who engage in behavior | ||
resulting in expulsion under Section 37.007(b) [ |
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are not eligible for admission into the juvenile justice | ||
alternative education program in accordance with the memorandum of | ||
understanding required under this section. The school district may | ||
provide the program or the school district may contract with a | ||
county juvenile board, a private provider, or one or more other | ||
school districts to provide the program. The memorandum of | ||
understanding shall address the circumstances under which such | ||
students who continue to engage in any serious misbehavior | ||
described[ |
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be admitted into the juvenile justice alternative education | ||
program. | ||
(p) If a district elects to contract with the juvenile board | ||
for placement in the juvenile justice alternative education program | ||
of students expelled under Section 37.007(b)[ |
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the juvenile board and district are unable to reach an agreement in | ||
the memorandum of understanding, either party may request that the | ||
issues of dispute be referred to a binding arbitration process that | ||
uses a qualified alternative dispute resolution arbitrator in which | ||
each party will pay its pro rata share of the arbitration costs. | ||
Each party must submit its final proposal to the arbitrator. If the | ||
parties cannot agree on an arbitrator, the juvenile board shall | ||
select an arbitrator, the school districts shall select an | ||
arbitrator, and those two arbitrators shall select an arbitrator | ||
who will decide the issues in dispute. An arbitration decision | ||
issued under this subsection is enforceable in a court in the county | ||
in which the juvenile justice alternative education program is | ||
located. Any decision by an arbitrator concerning the amount of the | ||
funding for a student who is expelled and attending a juvenile | ||
justice alternative education program must provide an amount | ||
sufficient based on operation of the juvenile justice alternative | ||
education program in accordance with this chapter. In determining | ||
the amount to be paid by a school district for an expelled student | ||
enrolled in a juvenile justice alternative education program, the | ||
arbitrator shall consider the relevant factors, including evidence | ||
of: | ||
(1) the actual average total per student expenditure | ||
in the district's alternative education setting; | ||
(2) the expected per student cost in the juvenile | ||
justice alternative education program as described and agreed on in | ||
the memorandum of understanding and in compliance with this | ||
chapter; and | ||
(3) the costs necessary to achieve the accountability | ||
goals under this chapter. | ||
SECTION 8. Section 37.012(a), Education Code, is amended to | ||
read as follows: | ||
(a) Subject to Section 37.011(n), the school district in | ||
which a student is enrolled on the date the student is expelled [ |
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Section 37.007(b) [ |
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juvenile justice alternative education program, provide funding to | ||
the juvenile board for the portion of the school year for which the | ||
juvenile justice alternative education program provides | ||
educational services in an amount determined by the memorandum of | ||
understanding under Section 37.011(k)(2). | ||
SECTION 9. Section 37.015(a), Education Code, is amended to | ||
read as follows: | ||
(a) The principal of a public or private primary or | ||
secondary school, or a person designated by the principal under | ||
Subsection (d), shall notify any school district police department | ||
and the police department of the municipality in which the school is | ||
located or, if the school is not in a municipality, the sheriff of | ||
the county in which the school is located if the principal has | ||
reasonable grounds to believe that any of the following activities | ||
occur in school, on school property, or at a school-sponsored or | ||
school-related activity on or off school property, whether or not | ||
the activity is investigated by school security officers: | ||
(1) conduct that may constitute an offense listed | ||
under Section 508.149, Government Code; | ||
(2) deadly conduct under Section 22.05, Penal Code; | ||
(3) a terroristic threat under Section 22.07, Penal | ||
Code; | ||
(4) the use, sale, or possession of a controlled | ||
substance, drug paraphernalia, or marihuana under Chapter 481, | ||
Health and Safety Code; | ||
(5) the possession of any of the weapons or devices | ||
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal | ||
Code; | ||
(6) conduct that may constitute a criminal offense | ||
under Section 71.02, Penal Code; or | ||
(7) conduct that may constitute a criminal offense for | ||
which a student may be expelled under Section 37.007(a) or (d) | ||
[ |
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SECTION 10. Section 37.020(c), Education Code, is amended | ||
to read as follows: | ||
(c) For each expulsion under Section 37.007, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race, sex, and date of birth, that will enable the | ||
agency to compare placement data with information collected through | ||
other reports; | ||
(2) information indicating whether the expulsion was | ||
based on: | ||
(A) conduct described by [ |
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(B) conduct described by [ |
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(C) conduct described by Section 37.007(d); | ||
(3) the number of full or partial days the student was | ||
expelled; | ||
(4) information indicating whether: | ||
(A) the student was placed in a juvenile justice | ||
alternative education program under Section 37.011; | ||
(B) the student was placed in a disciplinary | ||
alternative education program; or | ||
(C) the student was not placed in a juvenile | ||
justice or other disciplinary alternative education program; and | ||
(5) the number of expulsions that were inconsistent | ||
with the guidelines included in the student code of conduct under | ||
Section 37.001(a)(5). | ||
SECTION 11. Section 37.022(c), Education Code, is amended | ||
to read as follows: | ||
(c) Subject to Section 37.007(d) [ |
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or school in which the student enrolls may continue the | ||
disciplinary action under the terms of the order or may allow the | ||
student to attend regular classes without completing the period of | ||
disciplinary action. | ||
SECTION 12. Section 37.310, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN | ||
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice | ||
alternative education program is entitled to funding for a student | ||
who is placed in the program under this subchapter in the same | ||
manner as a juvenile justice alternative education program is | ||
entitled to funding under Section 37.012 for a student who is | ||
expelled and placed in a juvenile justice alternative education | ||
program for conduct described by [ |
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SECTION 13. Section 51.03(b), Family Code, is amended to | ||
read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the voluntary absence of a child from the child's | ||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(3) conduct prohibited by city ordinance or by state | ||
law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(4) an act that violates a school district's | ||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(b)(6) | ||
[ |
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(5) notwithstanding Subsection (a)(1), conduct | ||
described by Section 43.02(a) or (b), Penal Code; or | ||
(6) notwithstanding Subsection (a)(1), conduct that | ||
violates Section 43.261, Penal Code. | ||
SECTION 14. This Act applies beginning with the 2023-2024 | ||
school year. | ||
SECTION 15. 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. |