Bill Text: TX SB1115 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to reporting, standards, restrictions, and requirements regarding public school disciplinary actions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-04-15 - Referred to Public Education [SB1115 Detail]
Download: Texas-2013-SB1115-Engrossed.html
By: Whitmire, Van de Putte | S.B. No. 1115 |
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relating to reporting, standards, restrictions, and requirements | ||
regarding public school disciplinary actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.131, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) An open-enrollment charter school may not elect to | ||
suspend a student for a number of school days that exceeds the | ||
maximum number of school days allowed under Section 37.005(b). | ||
SECTION 2. The heading to Section 37.020, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.020. REPORTS RELATING TO [ |
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DISCIPLINARY ACTIONS [ |
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SECTION 3. Section 37.020, Education Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (d) to read | ||
as follows: | ||
(b) For each placement in a disciplinary alternative | ||
education program established under Section 37.008, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race or ethnicity, sex, and date of birth, and, if | ||
applicable, the student's designation as a student with | ||
disabilities, that will enable the agency to compare placement data | ||
with information collected through other reports; | ||
(2) information indicating whether the placement was | ||
based on: | ||
(A) conduct violating the student code of conduct | ||
adopted under Section 37.001; | ||
(B) conduct for which a student may be removed | ||
from class under Section 37.002(b); | ||
(C) conduct for which placement in a disciplinary | ||
alternative education program is required by Section 37.006; or | ||
(D) conduct occurring while a student was | ||
enrolled in another district and for which placement in a | ||
disciplinary alternative education program is permitted by Section | ||
37.008(j); | ||
(3) the number of full or partial days the student was | ||
assigned to the program and the number of full or partial days the | ||
student attended the program; and | ||
(4) the number of placements that were inconsistent | ||
with the guidelines included in the student code of conduct under | ||
Section 37.001(a)(5). | ||
(c) For each expulsion under Section 37.007, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race or ethnicity, sex, and date of birth, and, if | ||
applicable, the student's designation as a student with | ||
disabilities, 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 for which expulsion is required under | ||
Section 37.007, including information specifically indicating | ||
whether a student was expelled on the basis of Section 37.007(e); or | ||
(B) conduct for which expulsion is permitted | ||
under Section 37.007; | ||
(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). | ||
(d) Each district shall report all other disciplinary | ||
actions resulting in a removal of a student from any part of the | ||
student's regular academic program, including suspension and | ||
in-school suspension. For each disciplinary action, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race or ethnicity, sex, and date of birth, and, if | ||
applicable, the student's designation as a student with | ||
disabilities, that will enable the agency to compare placement data | ||
with information collected through other reports; | ||
(2) information indicating the type of disciplinary | ||
action; | ||
(3) information indicating the basis of the | ||
disciplinary action; and | ||
(4) the number of full or partial days the student was | ||
the subject of disciplinary action. | ||
SECTION 4. 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 purposes | ||
of this section, "discretionary disciplinary action" includes: | ||
(1) in-school suspension; | ||
(2) suspension or placement in a disciplinary | ||
education program, other than placement in a disciplinary education | ||
program in accordance with Section 37.006(a), (b), (c), or (f), | ||
Section 37.007(e), or Section 37.304; and | ||
(3) expulsion or placement in a juvenile justice | ||
alternative education program, other than expulsion or placement in | ||
a juvenile justice alternative education program for conduct | ||
described by Section 37.007(a) or (e), in accordance with Section | ||
37.007(d) if the conduct contains the elements of any offense | ||
listed in Section 37.007(a), or in accordance with Section 37.304. | ||
(b) The agency shall review 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 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 discretionary disciplinary action | ||
imposed on one or more students by a district is for an excessive | ||
number of days. | ||
(c) If the agency makes an affirmative finding under | ||
Subsection (b)(1), (2), or (3), the commissioner may take any of the | ||
following actions: | ||
(1) order a hearing conducted by the board of trustees | ||
of the district for the purpose of informing the public of, as | ||
applicable, the excessive number of discretionary disciplinary | ||
actions taken, the disproportionate number of discretionary | ||
disciplinary actions taken against students with disabilities or | ||
students of a particular race or ethnicity, or the excessive length | ||
of discretionary disciplinary actions imposed; or | ||
(2) order the district to include in the district | ||
improvement plan under Section 11.252 strategies to reduce, as | ||
applicable, the total number of discretionary disciplinary | ||
actions, the number of discretionary disciplinary actions taken | ||
against students with disabilities or students of a particular race | ||
or ethnicity, or the length of discretionary disciplinary actions | ||
imposed. | ||
(d) For 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 as necessary to | ||
implement this section. | ||
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) qualifications of personnel providing education | ||
services to students assigned to in-school suspension; | ||
(2) training for personnel providing education | ||
services to students assigned to in-school suspension; | ||
(3) the ratio of students in in-school suspension to | ||
teachers or educational aides providing education services to | ||
students assigned to in-school suspension; | ||
(4) providing opportunities for students in in-school | ||
suspension to keep current on all coursework during placements of | ||
10 school days or less; and | ||
(5) complying with Section 37.021. | ||
SECTION 5. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0092 to read as follows: | ||
Sec. 37.0092. DISCIPLINARY ACTION PLAN. (a) If a school | ||
district has twice previously taken a discretionary disciplinary | ||
action against a student as described by Section 37.0201, other | ||
than in-school suspension, an evaluation of the student's conduct | ||
must be conducted and a disciplinary action plan must be prepared | ||
before the district may take a third discretionary disciplinary | ||
action, other than in-school suspension, against the student. | ||
(b) The principal, or other appropriate administrator, and | ||
school counselor, in consultation with the parent or guardian of | ||
the student, shall conduct the evaluation required under this | ||
section using common sense, considering: | ||
(1) each factor under Section 37.001(a)(4); | ||
(2) whether the student's conduct was egregious; | ||
(3) the student's past conduct; | ||
(4) whether the student's conduct interferes with a | ||
teacher's ability to communicate effectively with the students in | ||
the class or with the ability of the student's classmates to learn; | ||
(5) whether the student is a threat to the safety of | ||
other students or to district employees; | ||
(6) the severity of the punishment; and | ||
(7) available opportunities for increased parental | ||
involvement, including conferences and suggestions for addressing | ||
the student's conduct at home. | ||
(c) The principal, or other appropriate administrator, and | ||
school counselor, in consultation with the parent or guardian of | ||
the student, shall develop a disciplinary action plan that best | ||
meets the needs of the student, considering the factors described | ||
by Subsection (b). The disciplinary action plan must address | ||
appropriate behavioral interventions, address any appropriate | ||
alternative forms of instruction, and include an individual | ||
graduation plan for the student. | ||
(d) A written copy of the evaluation and disciplinary action | ||
plan, including the individual graduation plan, required under this | ||
section must be placed in the student's educational records and be | ||
provided to the student's parent or guardian. | ||
(e) A parent or any other person may file a complaint with | ||
the superintendent alleging that a school district did not comply | ||
with the requirements of this section before taking a discretionary | ||
disciplinary action, other than in-school suspension, against a | ||
specific student. If the parent or other person is not satisfied | ||
with the superintendent's resolution of the complaint, the parent | ||
or other person may appeal to the school district board of trustees. | ||
The determination of the board of trustees is final and may not be | ||
appealed. | ||
SECTION 6. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 7. 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. |