By: Bernal	H.B. No. 285

	A BILL TO BE ENTITLED
	AN ACT
	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
	[Except] as provided by Subsection (h) [(k)], a student shall be
	expelled from a school if the student:
	(1)  while[,] on school property or while attending a
	school-sponsored or school-related activity on or off of school
	property:
	(A) [(1)]  engages in conduct that contains the
	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) [(2)]  engages in conduct that contains the
	elements of the offense of:
	(i) [(A)]  aggravated assault under Section
	22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
	or aggravated sexual assault under Section 22.021, Penal Code;
	(ii) [(B)]  arson under Section 28.02, Penal
	Code;
	(iii) [(C)]  murder under Section 19.02,
	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) [(D)]  indecency with a child under
	Section 21.11, Penal Code;
	(v) [(E)]  aggravated kidnapping under
	Section 20.04, Penal Code;
	(vi) [(F)]  aggravated robbery under
	Section 29.03, Penal Code;
	(vii) [(G)]  manslaughter under Section
	19.04, Penal Code;
	(viii) [(H)]  criminally negligent homicide
	under Section 19.05, Penal Code; or
	(ix) [(I)]  continuous sexual abuse of young
	child or children under Section 21.02, Penal Code; or
	(C) [(3)]  engages in conduct specified by
	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 [A] student may be expelled if the student:
	(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 [Sections] 485.031, 485.032, 485.033, or [through]
	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) [(d)], while within
	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) [(a)(2)(A)] or (iii)
	[(C)] or the offense of aggravated robbery under Section 29.03,
	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; [or]
	(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) [. (c) A student may be expelled if the student,]
	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[.  For purposes of this subsection, "serious
	misbehavior" means]:
	(A) [(1)]  deliberate violent behavior that poses
	a direct threat to the health or safety of others;
	(B) [(2)]  extortion, meaning the gaining of
	money or other property by force or threat;
	(C) [(3)]  conduct that constitutes coercion, as
	defined by Section 1.07, Penal Code; or
	(D) [(4)]  conduct that constitutes the offense
	of:
	(i) [(A)] public lewdness under Section
	21.07, Penal Code;
	(ii) [(B)]  indecent exposure under Section
	21.08, Penal Code;
	(iii) [(C)]  criminal mischief under
	Section 28.03, Penal Code;
	(iv) [(D)]  personal hazing under Section
	37.152; or
	(v) [(E)]  harassment under Section
	42.07(a)(1), Penal Code, of a student or district employee;
	(7) [. (d) A student shall be expelled if the student
	engages in conduct that contains the elements of any offense listed
	in Subsection (a), and may be expelled if the student] engages in
	conduct that contains the elements of any offense listed in
	Subdivision (2)(C) [Subsection (b)(2)(C)], against any employee or
	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) [(e)]  In accordance with 20 U.S.C. Section 7151, a 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 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) [(f)]  A student who engages in conduct described by
	Subsection (b)(8) [that contains the elements of the offense of
	criminal mischief under Section 28.03, Penal Code, may be expelled
	at the district's discretion if the conduct is punishable as a
	felony under that section.  The student] shall be referred to the
	authorized officer of the juvenile court regardless of whether the
	student is expelled under Subsection (b).
	(f) [(g)]  In addition to any notice required under Article
	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) [(h)]  Subject to Subsection (d) [(e)], notwithstanding
	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) [(i) A student who engages in conduct described by
	Subsection (a) may be expelled from school by the district in which
	the student attends school if the student engages in that conduct:
	[(1)  on school property of another district in this
	state; or
	[(2)  while attending a school-sponsored or
	school-related activity of a school in another district in this
	state.
	[(k)]  A student may not be expelled solely on the basis of
	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) [(l)]  Subsection (h) [(k)] does not authorize a student
	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) [37.007(e)],
	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)
	[37.007(a)(2)(A)] or (b)(2)(C) against the teacher, the student may
	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) [37.007(a)(1)].
	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)
	[Section 37.007(d)], a student shall be removed from class and
	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) [37.007(e)], a student who
	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) [37.007(e)(2)], a student who is younger
	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)
	[37.007(c)], the board or its designee shall refer the student to
	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
	[for conduct for which expulsion is required] under Section
	37.007(a) or (d) [37.007(a), (d), or (e)], or for conduct that
	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 [required] under
	Section 37.007(a) or (d) [37.007(a), (d), or (e)] is not eligible
	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
	[required] under Section 37.007(a) or (d) [37.007(a), (d), or (e)];
	(3)  establishes that a student may be placed in the
	juvenile justice alternative education program if the student
	engages in any serious misbehavior described[, as defined] by
	Section 37.007(b)(6) [37.007(c)];
	(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) [and (f)] but who
	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[, as defined] by Section 37.007(b)(6) [37.007(c),] shall
	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)[, (c), and (f)] and
	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 [for
	conduct for which expulsion is permitted but not required] under
	Section 37.007(b) [37.007] shall, if the student is served by the
	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)
	[37.007(a), (d), or (e)].
	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 [for which expulsion is
	required under] Section 37.007(a) [37.007, including information
	specifically indicating whether a student was expelled on the basis
	of Section 37.007(e)]; [or]
	(B)  conduct described by [for which expulsion is
	permitted under] Section 37.007(b) [37.007]; or
	(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) [37.007(e)], the district
	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 [for which expulsion is permitted
	but not required under] Section 37.007(b) [37.007].
	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)
	[37.007(c)], Education Code;
	(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.