Bill Text: TX HB3810 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to public school alternative disciplinary settings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB3810 Detail]
Download: Texas-2013-HB3810-Introduced.html
By: Farney | H.B. No. 3810 |
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relating to public school alternative disciplinary settings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.020, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In addition to the placements and expulsions under | ||
Subsections (b) and (c), each district shall report all other | ||
disciplinary actions resulting in a removal of a student from any | ||
part of their regular academic program, including in-school | ||
suspension, suspension, disciplinary alternative education | ||
placement, expulsion, and juvenile justice alternative education | ||
program placement. In addition to the information specified in | ||
Subsection (b)(1) and (c)(1), for purposes of those subsections and | ||
this subsection, information identifying the student shall include | ||
ethnicity. | ||
SECTION 2. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Sections 37.0201 and 37.0202 to read as follows: | ||
Sec. 37.0201. Disciplinary Action Data. (a) For the | ||
purposes of this section, "discretionary disciplinary action" | ||
includes: | ||
(1) in-school suspension; | ||
(2) suspension or placement in a disciplinary | ||
education program that is not pursuant to Sections 37.006(a)-(c) or | ||
(f), Section 37.007(e), or Section 37.304; | ||
(3) expulsion or placement in a juvenile justice | ||
alternative education program that is not pursuant to Section | ||
37.007(a) or (e), Section 37.007(d) if the conduct contains | ||
contains the elements of any offense listed in Section 37.007(a), | ||
or Section 37.304. | ||
(b) The agency shall evaluate information reported under | ||
Section 37.020 to determine whether: | ||
(1) a school district has taken a discretionary | ||
disciplinary action against an excessive number of students; | ||
(2) a school district has taken a discretionary | ||
disciplinary action against a disproportionate number of students | ||
with disabilities or students of a particular race or ethnicity; or | ||
(3) the length of a school districts's discretionary | ||
disciplinary action against one or more students is for an | ||
excessive number of days. | ||
(c) If the agency finds that Subsection (b) applies to a | ||
district, the commissioner may take any of the following actions: | ||
(1) order a hearing conducted by the board of trustees | ||
of the district for the purposes of notifying the public of the | ||
excessive number of discretionary disciplinary actions, the | ||
disproportionate number of discretionary disciplinary actions | ||
against students with disabilities or students of a particular race | ||
or ethnicity, or the excessive length of discretionary disciplinary | ||
actions; or | ||
(2) order the district to include in its district | ||
improvement plan under Section 11.252 strategies to reduce the | ||
number of discretionary disciplinary actions, the number of | ||
discretionary disciplinary actions against students with | ||
disabilities or students of a particular race or ethnicity, or the | ||
length of discretionary disciplinary actions. | ||
(d) For the purposes of this section, an in-school | ||
suspension placement that is for a period of three school days or | ||
less may not be considered a discretionary disciplinary action that | ||
is excessive in length. | ||
(e) This section does not apply to a placement in a | ||
disciplinary alternative education program or juvenile justice | ||
alternative education program that is ordered by a court | ||
independently of any action taken by a school district. | ||
(f) The commissioner may adopt rules for the implementation | ||
of this section as necessary. | ||
Sec. 37.0202. In-school Suspension Educational Standards. | ||
The agency shall adopt minimum educational standards for in-school | ||
suspension settings, including standards relating to: | ||
(1) the qualifications of personnel providing | ||
education services to students assigned to in-school suspension; | ||
(2) training for personnel providing education | ||
services to students in-school suspension; | ||
(3) the ratio of students in in-school suspension to | ||
teachers or teacher aides providing education services to those | ||
students; and | ||
(4) keeping students in in-school suspension current | ||
on all coursework during placements of 10 school days or less and | ||
complying with Section 37.021. | ||
(b) In the manner required by the commissioner, each school | ||
district shall annually report to the commissioner information | ||
relating to the educational quality of the district's in-school | ||
suspension settings. The data collected shall include the | ||
qualifications of teachers or teacher aides assigned to in-school | ||
suspension, the ratio of students to teachers or teacher aides, and | ||
information regarding the district's compliance with Section | ||
37.021. | ||
SECTION 3. Section 12.131, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) An open-enrollment charter school may not elect to | ||
suspend a student for a period of time that exceeds the maximum | ||
period allowed under Section 37.005(b). | ||
SECTION 4. 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, 2013. |