Bill Text: TX HB674 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the suspension of a student enrolled in a grade level below grade three from public school and to a positive behavior program for public schools.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2017-06-12 - Effective immediately [HB674 Detail]

Download: Texas-2017-HB674-Enrolled.html
 
 
  H.B. No. 674
 
 
 
 
AN ACT
  relating to the suspension of a student enrolled in a grade level
  below grade three from public school and to a positive behavior
  program for public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0013 to read as follows:
         Sec. 37.0013.  POSITIVE BEHAVIOR PROGRAM.  (a)  Each school
  district and open-enrollment charter school may develop and
  implement a program, in consultation with campus behavior
  coordinators employed by the district or school and representatives
  of a regional education service center, that provides a
  disciplinary alternative for a student enrolled in a grade level
  below grade three who engages in conduct described by Section
  37.005(a) and is not subject to Section 37.005(c).  The program
  must:
               (1)  be
  age-appropriate and research-based;
               (2)  provide models for positive behavior;
               (3)  promote a positive school environment;
               (4)  provide alternative disciplinary courses of
  action that do not rely on the use of in-school suspension,
  out-of-school suspension, or placement in a disciplinary
  alternative education program to manage student behavior; and
               (5)  provide behavior management strategies,
  including:
                     (A)  positive behavioral intervention and
  support;
                     (B)  trauma-informed practices;
                     (C)  social and emotional learning;
                     (D)  a referral for services, as necessary; and
                     (E)  restorative practices.
         (b)  Each school district and open-enrollment charter school
  may annually conduct training for staff employed by the district or
  school on the program adopted under Subsection (a).
         SECTION 2.  Section 37.005, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A student who is enrolled in a grade level below grade
  three may not be placed in out-of-school suspension unless while on
  school property or while attending a school-sponsored or
  school-related activity on or off of school property, the student
  engages in:
               (1)  conduct that contains the elements of an offense
  related to weapons under Section 46.02 or 46.05, Penal Code;
               (2)  conduct that contains the elements of a violent
  offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
  or
               (3)  selling, giving, or delivering to another person
  or possessing, using, or being under the influence of any amount of:
                     (A)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                     (B)  a dangerous drug, as defined by Chapter 483,
  Health and Safety Code; or
                     (C)  an alcoholic beverage, as defined by Section
  1.04, Alcoholic Beverage Code.
         SECTION 3.  This Act applies beginning with the 2017-2018
  school year.
         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, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 674 was passed by the House on May 9,
  2017, by the following vote:  Yeas 135, Nays 10, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 674 on May 24, 2017, by the following vote:  Yeas 104, Nays 40,
  3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 674 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 22, Nays
  9.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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