Bill Text: TX HB674 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Johnson of Dallas, Giddings | H.B. No. 674 | |
(Senate Sponsor - Garcia) | ||
(In the Senate - Received from the House May 10, 2017; | ||
May 11, 2017, read first time and referred to Committee on | ||
Education; May 21, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 3; | ||
May 21, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 674 | By: Uresti |
|
||
|
||
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. | ||
* * * * * |