Relating to discipline management and access to telehealth mental health services in public schools.

89(R) HB 6 - Enrolled version - Bill Text

H.B. No. 6

AN ACT

relating to discipline management and access to telehealth mental

health services in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.111, Education Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) Each charter granted under this subchapter must:

(1) describe the educational program to be offered,

which must include the required curriculum as provided by Section

28.002;

(2) provide that continuation of the charter is

contingent on the status of the charter as determined under Section

12.1141 or 12.115 or under Chapter 39A;

(3) specify the academic, operational, and financial

performance expectations by which a school operating under the

charter will be evaluated, which must include applicable elements

of the performance frameworks adopted under Section 12.1181;

(4) specify:

(A) any basis, in addition to a basis specified

by this subchapter or Chapter 39A, on which the charter may be

revoked, renewal of the charter may be denied, or the charter may be

allowed to expire; and

(B) the standards for evaluation of a school

operating under the charter for purposes of charter renewal, denial

of renewal, expiration, revocation, or other intervention in

accordance with Section 12.1141 or 12.115 or Chapter 39A, as

applicable;

(5) prohibit discrimination in admission policy on the

basis of sex, national origin, ethnicity, religion, disability,

academic, artistic, or athletic ability, or the district the child

would otherwise attend in accordance with this code, although the

charter may:

(A) provide for the exclusion of a student who
:

(i)

has engaged in conduct outlined in

Section 37.006 related to placement in a disciplinary alternative

education program or a juvenile justice alternative education

program;

(ii)

has engaged in conduct outlined in

Section 37.007 related to expulsion; or

(iii)

has been convicted of a criminal

offense or has a juvenile court adjudication
[
has a documented

history of a criminal offense, a juvenile court adjudication, or

discipline problems under Subchapter A, Chapter 37
]; and

(B) provide for an admission policy that requires

a student to demonstrate artistic ability if the school specializes

in performing arts;

(6) specify the grade levels to be offered;

(7) describe the governing structure of the program,

including:

(A) the officer positions designated;

(B) the manner in which officers are selected and

removed from office;

(C) the manner in which members of the governing

body of the school are selected and removed from office;

(D) the manner in which vacancies on that

governing body are filled;

(E) the term for which members of that governing

body serve; and

(F) whether the terms are to be staggered;

(8) specify the powers or duties of the governing body

of the school that the governing body may delegate to an officer;

(9) specify the manner in which the school will

distribute to parents information related to the qualifications of

each professional employee of the program, including any

professional or educational degree held by each employee, a

statement of any certification under Subchapter B, Chapter 21, held

by each employee, and any relevant experience of each employee;

(10) describe the process by which the person

providing the program will adopt an annual budget;

(11) describe the manner in which an annual audit of

the financial and programmatic operations of the program is to be

conducted, including the manner in which the person providing the

program will provide information necessary for the school district

in which the program is located to participate, as required by this

code or by commissioner rule, in the Public Education Information

Management System (PEIMS);

(12) describe the facilities to be used;

(13) describe the geographical area served by the

program;

(14) specify any type of enrollment criteria to be

used;

(15) provide information, as determined by the

commissioner, relating to any management company that will provide

management services to a school operating under the charter; and

(16) specify that the governing body of an

open-enrollment charter school accepts and may not delegate

ultimate responsibility for the school, including the school's

academic performance and financial and operational viability, and

is responsible for overseeing any management company providing

management services for the school and for holding the management

company accountable for the school's performance.

(a-1)

Notwithstanding Subsection (a)(5), a charter granted

under this subchapter may provide for the exclusion of a student

from an open-enrollment charter school campus that includes a

child-care facility based on the student's conviction for a

criminal offense that would preclude the student from being

admitted to a school district campus that includes a child-care

facility.

SECTION 2. Section 12A.004(a), Education Code, is amended

to read as follows:

(a) A local innovation plan may not provide for the

exemption of a district designated as a district of innovation from

the following provisions of this title:

(1) a state or federal requirement applicable to an

open-enrollment charter school operating under Subchapter D,

Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that

a district may be exempt from Sections 11.1511(b)(5) and (14) and

Section 11.162;

(3) state curriculum and graduation requirements

adopted under Chapter 28;

(4) Chapter 37;
and

(5)
[
(4)
] academic and financial accountability and

sanctions under Chapters 39 and 39A.

SECTION 3. Subchapter B, Chapter 22, Education Code, is

amended by adding Section 22.05121 to read as follows:

Sec.

22.05121.

IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR

ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER. (a)

In this

section, "disciplinary proceeding" means:

(1)

an action brought by the school district employing

a professional employee of a school district to discharge or

suspend the employee or terminate or not renew the employee's term

contract; or

(2)

an action or proceeding brought by the State Board

for Educator Certification.

(b)

A professional employee of a school district may not be

subject to disciplinary proceedings for:

(1)

the reporting of a violation of Chapter 37 to

another professional employee of a school district, the agency, or

a law enforcement agency; or

(2)

an action taken in good faith to remove a student

from class under Section 37.002.

(c)

The immunity provided by Subsection (b) is in addition

to any other immunity provided by law.

This section may not be

construed to interfere with any other immunity provided by law.

SECTION 4. Section 29.041(3), Education Code, is amended to

read as follows:

(3) "Supplemental special education services" means

an additive service that provides an educational benefit to a

student receiving special education services under Subchapter A,

including:

(A) occupational therapy, physical therapy, and

speech therapy; [
and
]

(B) private tutoring and other supplemental

private instruction or programs
; and

(C)

crisis prevention and intervention training

for the student's parent or person standing in parental relation to

the student
.

SECTION 5. Sections 37.001(a) and (b-1), Education Code,

are amended to read as follows:

(a) The board of trustees of an independent school district

shall, with the advice of its district-level committee established

under Subchapter F, Chapter 11, adopt a student code of conduct for

the district. The student code of conduct must be posted and

prominently displayed at each school campus or made available for

review at the office of the campus principal. In addition to

establishing standards for student conduct, the student code of

conduct must:

(1) specify the circumstances, in accordance with this

subchapter, under which a student may be removed from a classroom,

campus, disciplinary alternative education program, or vehicle

owned or operated by the district;

(2) specify conditions that authorize or require a

principal or other appropriate administrator to transfer a student

to a disciplinary alternative education program
, which must

expressly provide that an appropriate administrator may place a

student in a disciplinary alternative education program for the

first-time offense of possession or use of a nicotine delivery

product or e-cigarette, as defined by Section 161.081, Health and

Safety Code
;

(3) outline conditions under which a student may be

suspended as provided by Section 37.005 or expelled as provided by

Section 37.007;

(4) specify that consideration will be given, as a

factor in each decision concerning suspension, removal to a

disciplinary alternative education program, expulsion, or

placement in a juvenile justice alternative education program,

regardless of whether the decision concerns a mandatory or

discretionary action, to:

(A) self-defense;

(B) intent or lack of intent at the time the

student engaged in the conduct;

(C) a student's disciplinary history;

(D) a disability that substantially impairs the

student's capacity to appreciate the wrongfulness of the student's

conduct;

(E) a student's status in the conservatorship of

the Department of Family and Protective Services; or

(F) a student's status as a student who is

homeless;

(5) provide guidelines for setting the length of a

term of:

(A) a removal under Section 37.006; and

(B) an expulsion under Section 37.007;

(6) address the notification of a student's parent or

guardian of a violation of the student code of conduct committed by

the student that results in suspension, removal to a disciplinary

alternative education program, or expulsion;

(7) prohibit bullying, harassment, and making hit

lists and ensure that district employees enforce those

prohibitions;

(8) provide, as appropriate for students at each grade

level, methods, including options, for:

(A) managing students in the classroom, on school

grounds, and on a vehicle owned or operated by the district;

(B) disciplining students; and

(C) preventing and intervening in student

discipline problems, including bullying, harassment, and making

hit lists; [
and
]

(9) include an explanation of the provisions regarding

refusal of entry to or ejection from district property under

Section 37.105, including the appeal process established under

Section 37.105(h)
; and

(10)

include a statement regarding whether the board

has adopted a policy for parental involvement in school

disciplinary placements under Section 37.0014 and, if so, the

provisions of the policy
.

(b-1) The methods adopted under Subsection (a)(8) must

provide that a student who is enrolled in a special education

program under Subchapter A, Chapter 29, may not be disciplined
in a

manner that results in a change in the student's educational

placement
for conduct prohibited in accordance with Subsection

(a)(7) until an admission, review, and dismissal committee meeting

has been held to review the conduct.

SECTION 6. Section 37.0012, Education Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (b-1) to

read as follows:

(a) A
single
person at each campus must be designated to

serve as the campus behavior coordinator. The person designated

may be the principal of the campus or any other campus administrator

selected by the principal.

(a-1)

Additional school staff members may assist the campus

behavior coordinator in the performance of the campus behavior

coordinator's duties, provided that the campus behavior

coordinator personally verifies that all aspects of this subchapter

are appropriately implemented.

(b-1) The campus behavior coordinator shall:

(1) monitor disciplinary referrals;

(2)

report to the campus's threat assessment and safe

and supportive school team established under Section 37.115 any

student who engages in conduct that contains the elements of:

(A)

the offense of terroristic threat under

Section 22.07, Penal Code;

(B)

the offense of unlawfully carrying weapons

under Section 46.02, Penal Code;

(C)

an offense relating to prohibited weapons

under Section 46.05, Penal Code; or

(D)

the offense of exhibiting, using, or

threatening to exhibit or use a firearm under Section 37.125 of this

code; and

(3)

report to the campus's threat assessment and safe

and supportive school team established under Section 37.115 any

concerning student behaviors or behavioral trends that may pose a

serious risk of violence to the student or others.

SECTION 7. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0014 to read as follows:

Sec.

37.0014.

POLICY FOR PARENTAL INVOLVEMENT IN SCHOOL

DISCIPLINARY PLACEMENTS. (a) The board of trustees of a school

district may adopt a policy for parental involvement in school

disciplinary placements.

(b) A policy adopted under this section must provide for:

(1)

the principal, campus behavior coordinator, or

other appropriate administrator to notify the parent of or person

standing in parental relation to a student who has been placed in a

disciplinary alternative education program or expelled of the

parent's or person's right to request a behavioral agreement that

specifies the responsibilities of the parent or person and student

to be developed; and

(2)

if a behavioral agreement described by Subdivision

(1) is developed and the student and the student's parent or person

standing in parental relation comply with the terms of the

agreement, subject to Subsection (c), a reduction in the period of

the disciplinary placement imposed on the student.

(c)

A reduction in the period of a disciplinary placement

under Subsection (b)(2) does not entitle the student for whom the

period of placement was reduced to a different disciplinary

placement. The reduction in the period of a disciplinary placement

is at the sole discretion of the principal, campus behavior

coordinator, or other appropriate administrator and may be revoked

or amended at any time if the student or the student's parent or

person standing in parental relation does not comply with the terms

of the behavioral agreement developed under Subsection (b)(1).

(d)

A behavioral agreement developed under Subsection

(b)(1) must include in writing the specific reduction in the period

of the student's disciplinary placement with which the student will

be credited if the student and the student's parent or person

standing in parental relation comply with the terms of the

behavioral agreement.

(e)

The commissioner shall adopt a model behavioral

agreement for use by school districts in developing a behavioral

agreement under Subsection (b)(1).

SECTION 8. Section 37.002, Education Code, is amended by

amending Subsections (b), (c), and (d) and adding Subsections

(b-2), (b-3), (c-1), (c-2), (f), (f-1), and (g) to read as follows:

(b) A teacher may remove from class a student
who
:

(1)
repeatedly interferes
[
who has been documented by

the teacher to repeatedly interfere
] with the teacher's ability to

communicate effectively with the students in the class or with the

ability of the student's classmates to learn; [
or
]

(2)
demonstrates
[
whose
] behavior
that is unruly,

disruptive, or abusive toward
the teacher
, another adult, or

another student; or

(3)

engages in conduct that constitutes bullying, as

defined by Section 37.0832
[
determines is so unruly, disruptive, or

abusive that it seriously interferes with the teacher's ability to

communicate effectively with the students in the class or with the

ability of the student's classmates to learn
].

(b-2)

A teacher, campus behavior coordinator, or other

appropriate administrator shall notify a parent or person standing

in parental relation to a student of the removal of a student under

this section.

(b-3)

Subject to Sections 28.0022(a)(2) and (d), a teacher

may remove a student from class under Subsection (b) of this section

based on a single incident of behavior described by Subsection

(b)(1), (2), or (3).

(c) If a teacher removes a student from class under

Subsection (b), the principal may place the student into another

appropriate classroom, into in-school suspension, or into a

disciplinary alternative education program as provided by Section

37.008. The principal may not return the student to that teacher's

class without the teacher's
written
consent unless the committee

established under Section 37.003 determines that such placement is

the best or only alternative available
and, not later than the third

class day after the day on which the student was removed from class,

a conference in which the teacher has been provided an opportunity

to participate has been held in accordance with Section 37.009(a).

The principal may not return the student to that teacher's class

unless the teacher provides written consent for the student's

return or a return to class plan has been prepared for that student.

The principal may only designate an employee of the school whose

primary duties do not include classroom instruction to create a

return to class plan
. The terms of the removal may prohibit the

student from attending or participating in school-sponsored or

school-related activity.

(c-1)

A return to class plan required under Subsection (c)

must be created before or at the conference described by that

subsection. A plan created before the conference must be discussed

at the conference.

(c-2)

The commissioner shall adopt a model return to class

plan for use by a school district in creating a return to class plan

for a student under Subsection (c).

(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

written
consent unless the committee established under Section

37.003 determines that such placement is the best or only

alternative available
and a conference in which the teacher has

been provided an opportunity to participate has been held in

accordance with Section 37.009(a)
. 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)(2)(A) or
(a)(4)
[
(b)(2)(C)
] against the teacher, the

student may not be returned to the teacher's class without the

teacher's
written
consent. The teacher may not be coerced to

consent.

(f)

A student may appeal the student's removal from class

under this section to:

(1)

the school's placement review committee

established under Section 37.003; or

(2)

the campus's threat assessment and safe and

supportive school team established under Section 37.115, in

accordance with a district policy providing for such an appeal to be

made to the team.

(f-1)

The principal, campus behavior coordinator, or other

appropriate administrator shall, at the conference required under

Section 37.009(a), notify a student who has been removed from class

under this section and the parent of or person standing in parental

relation to the student of the student's right to appeal under

Subsection (f).

(g)

Section 37.004 applies to the removal or placement under

this section of a student with a disability who receives special

education services.

SECTION 9. Section 37.005, Education Code, is amended by

amending Subsections (a), (b), (c), and (d) and adding Subsections

(b-1), (b-2), and (c-2) to read as follows:

(a) The principal or other appropriate administrator may

suspend a student who engages in conduct identified in the student

code of conduct adopted under Section 37.001 as conduct for which a

student may be
subject to an in-school or out-of-school suspension

[
suspended
].

(b)
An out-of-school
[
A
] suspension under this section may

not exceed three school days.
An in-school suspension under this

section is not subject to any time limit.

(b-1)

A school's principal or other appropriate

administrator shall review the in-school suspension of a student

under this section at least once every 10 school days after the date

the suspension begins to evaluate the educational progress of the

student and to determine if continued in-school suspension is

appropriate.

If the principal or other appropriate administrator

determines that continued in-school suspension is appropriate, the

principal or other appropriate administrator shall document the

determination.

(b-2)

A school shall provide a student subject to an

in-school suspension under this section with appropriate

behavioral support services and comparable educational services as

the student would receive in the classroom. If the student receives

special education services under Subchapter A, Chapter 29, the

student must:

(1)

continue to receive special education and related

services specified in the student's individualized education

program; and

(2)

continue to have an opportunity to progress in the

general curriculum.

(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
threatens the immediate health and

safety of other students in the classroom;

(3)

documented conduct that results in repeated or

significant disruption to the classroom
[
contains the elements of a

violent offense under Section 22.01, 22.011, 22.02, or 22.021,

Penal Code
]; or

(4)
[
(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.

(c-2)

On receiving a written request from the student's

parent or person standing in parental relation to the student, the

principal or other appropriate administrator may at the principal's

or other appropriate administrator's sole discretion reassign a

student placed in out-of-school suspension under Subsection (c) to

an in-school suspension if the student's parent or person standing

in parental relation to the student demonstrates through supporting

information and documentation that the parent or person is unable

to provide suitable supervision for the student during school hours

during the period of the suspension. The alternative placement

provided by this section may be used only in extenuating

circumstances and may not be used as a routine replacement for

out-of-school suspension. The school district shall maintain

documentation of each reassignment under this subsection,

including the parent's or person's request, the reason for the

parent's or person's unavailability, and the supporting information

and documentation.

(d) A school district or open-enrollment charter school may

not place a student who is homeless in out-of-school suspension

unless the student engages in conduct described by Subsections

(c)(1)-(4)
[
(c)(1)-(3)
] while on school property or while attending

a school-sponsored or school-related activity on or off of school

property. The campus behavior coordinator may coordinate with the

school district's homeless education liaison to identify

appropriate alternatives to out-of-school suspension for a student

who is homeless. In this subsection, "student who is homeless" has

the meaning assigned to the term "homeless children and youths"

under 42 U.S.C. Section 11434a.

SECTION 10. Section 37.006, Education Code, is amended by

amending Subsections (a), (b), (c), and (d) and adding Subsection

(d-1) to read as follows:

(a) Subject to the requirements of Section 37.009(a), a

student shall be removed from class and placed in a disciplinary

alternative education program as provided by Section 37.008 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; or

(2) commits the following 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)
except as provided by Section 37.007(a),

engages in conduct punishable as a felony;

(B) engages in conduct that contains the elements

of the offense of assault under Section 22.01(a)(1), Penal Code;

(C)
except as provided by Section 37.007(a)(3),

sells, gives, or delivers to another person or possesses or uses or

is under the influence of:

(i) a controlled substance, as defined by

Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et

seq., excluding marihuana, as defined by Section 481.002, Health

and Safety Code, or tetrahydrocannabinol, as defined by rule

adopted under Section 481.003 of that code; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code;

(C-1) possesses, uses, or is under the influence

of, or sells, gives, or delivers to another person marihuana, as

defined by Section 481.002, Health and Safety Code, or

tetrahydrocannabinol, as defined by rule adopted under Section

481.003 of that code;

(C-2) [
possesses, uses,
] sells, gives, or

delivers to another person an e-cigarette, as defined by Section

161.081, Health and Safety Code;

(D) sells, gives, or delivers to another person

an alcoholic beverage, as defined by Section 1.04, Alcoholic

Beverage Code, commits a serious act or offense while under the

influence of alcohol, or possesses, uses, or is under the influence

of an alcoholic beverage;

(E) engages in conduct that contains the elements

of an offense relating to an abusable volatile chemical under

Sections 485.031 through 485.034, Health and Safety Code;

(F) engages in conduct that contains the elements

of the offense of public lewdness under Section 21.07, Penal Code,

or indecent exposure under Section 21.08, Penal Code; or

(G) engages in conduct that contains the elements

of the offense of harassment under Section 42.07(a)(1), (2), (3),

or (7), Penal Code, against an employee of the school district.

(b)
A
[
Except as provided by 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
against any school

employee or volunteer as defined by Section 22.053
that contains

the elements of the offense of
:

(1)
retaliation under Section 36.06, Penal Code
; or

(2) harassment under Section 42.07, Penal Code
[
,

against any school employee
].

(c) In addition to Subsections (a) and (b), a student shall

be removed from class and placed in a disciplinary alternative

education program under Section 37.008 based on conduct occurring

off campus and while the student is not in attendance at a

school-sponsored or school-related activity if:

(1) the student receives deferred prosecution under

Section 53.03, Family Code, for conduct defined as
any of the

following offenses under the Penal Code
:

(A) a felony offense
under
[
in
] Title 5[
, Penal

Code
]; [
or
]

(B)
the offense of deadly conduct under Section

22.05;

(C)
the felony offense of aggravated robbery

under Section 29.03[
, Penal Code
];

(D)

the offense of disorderly conduct involving a

firearm under Section 42.01(a)(7) or (8); or

(E)

the offense of unlawfully carrying weapons

under Section 46.02, except for an offense punishable as a Class C

misdemeanor under that section;

(2) a court or jury finds that the student has engaged

in delinquent conduct under Section 54.03, Family Code, for conduct

defined as
an offense listed in Subdivision (1)
[
:

[
(A) a felony offense in Title 5, Penal Code; or

[
(B)

the felony offense of aggravated robbery

under Section 29.03, Penal Code
]; or

(3) the superintendent or the superintendent's

designee has a reasonable belief that the student has engaged in a

conduct defined as
an offense listed in Subdivision (1)
[
:

[
(A) a felony offense in Title 5, Penal Code; or

[
(B)

the felony offense of aggravated robbery

under Section 29.03, Penal Code
].

(d) In addition to Subsections (a), (b), and (c), a student

may be removed from class and placed in a disciplinary alternative

education program under Section 37.008
:

(1) if the student:

(A)

engages in conduct that contains the elements

of the offense of disruptive activities under Section 37.123;

(B)

subject to Subsection (d-1), engages in

conduct that contains the elements of the offense of disruption of

classes under Section 37.124, unless Subsection (d) of that section

applies to the student; or

(C)

possesses or uses an e-cigarette, as defined

by Section 161.081, Health and Safety Code, except that if a

student who possesses or uses an e-cigarette is not placed in a

disciplinary alternative education program for the first-time

offense under Section 37.008, the student shall be placed in

in-school suspension for a period of at least 10 school days; or

(2)
based on conduct occurring off campus and while

the student is not in attendance at a school-sponsored or

school-related activity if:

(A)
[
(1)
] the superintendent or the

superintendent's designee has a reasonable belief that the student

has engaged in conduct defined as a felony offense other than

aggravated robbery under Section 29.03, Penal Code, or those

offenses defined in Title 5, Penal Code; and

(B)
[
(2)
] the continued presence of the student

in the regular classroom threatens the safety of other students or

teachers or will be detrimental to the educational process.

(d-1)

A student may be removed from class under Subsection

(d)(1)(B) for conduct described by Section 37.124(c)(1)(A) only if

the conduct is intentional and repeated.

SECTION 11. Sections 37.007(a) and (b), Education Code, are

amended to read as follows:

(a) Except as provided by Subsection (k) and subject to the

requirements of Section 37.009(a), a student shall be expelled from

a school if the student, [
on school property or while attending a

school-sponsored or school-related activity
] on or off of school

property:

(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;

(2) engages in conduct that contains the elements of

the offense of:

(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;

(B) arson under Section 28.02, Penal Code;

(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;

(D) indecency with a child under Section 21.11,

Penal Code;

(E)
kidnapping under Section 20.03, Penal Code,

or
aggravated kidnapping under Section 20.04, Penal Code;

(F)
burglary under Section 30.02, Penal Code,

robbery under Section 29.02, Penal Code, or
aggravated robbery

under Section 29.03, Penal Code;

(G) manslaughter under Section 19.04, Penal

Code;

(H) criminally negligent homicide under Section

19.05, Penal Code; or

(I) continuous sexual abuse of young child or

disabled individual under Section 21.02, Penal Code; [
or
]

(3) engages in conduct specified by Section

37.006(a)(2)(C), if the conduct is punishable as a felony
;

(4)

engages in conduct that contains the elements of

the offense of assault under Section 22.01(a)(1), Penal Code,

against a school district employee or volunteer as defined by

Section 22.053 of this code; or

(5)

engages in conduct that contains the elements of

the offense of exhibiting, using, or threatening to exhibit or use a

firearm under Section 37.125 of this code
.

(b) 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)
except as provided by Subsection (a)(3),

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

Sections 485.031 through 485.034, Health and Safety Code;
or

(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; 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 (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); 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)(2)(A) or (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

(4)
[
(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.

SECTION 12. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0083 to read as follows:

Sec.

37.0083.

VIRTUAL EXPULSION PROGRAM. (a) The

principal or other appropriate administrator may place a student

who has been expelled under Section 37.007 or 37.0081 in a virtual

expulsion program established by the district and provide virtual

instruction and instructional materials for remote learning to the

student only if:

(1)

the school district is located in a county that

operates a juvenile justice alternative education program or the

school district contracts with the juvenile board of another county

for the provision of a juvenile justice alternative education

program, and the juvenile justice alternative education program

rejects admission of the student or returns the student before the

expiration of the discipline assignment; or

(2)

the school district is not located in a county that

operates a juvenile justice alternative education program and does

not contract with the juvenile board of another county for the

provision of a juvenile justice alternative education program.

(a-1)

If the principal or other appropriate administrator

places a student in a virtual expulsion program under this section,

the school district shall ensure that the student has suitable

computer equipment and Internet access and provide the computer

equipment and Internet access if necessary.

(b)

A school district must ensure that, to the extent

practicable in a virtual setting, the district's virtual expulsion

program complies with the requirements for a disciplinary

alternative education program under Section 37.008.

(c)

The principal or other appropriate administrator shall

review the placement of a student in a virtual expulsion program

under this section at least once every 45 school days after the date

the placement begins to determine if continued placement in the

program is appropriate. The review must consider whether a

position for the grade level in which the student is enrolled has

become available in an in-person setting under Subsection (a)(1).

If the principal or other appropriate administrator determines that

such a position has become available, the school district shall

plan for the student's transition to an in-person setting as soon as

practicable. If the principal or other appropriate administrator

determines that continued placement is appropriate, the principal

or other appropriate administrator shall document the

determination.

(d)

A student placed in a virtual expulsion program shall be

counted toward the district's average daily attendance for purposes

of receipt of state funds under the Foundation School Program if the

district can confirm the student's daily attendance in the virtual

expulsion program.

(e)

A school district may not require a teacher who provides

virtual instruction to students in a virtual expulsion program to

provide virtual instruction and in-class instruction for a course

during the same class period.

(f)

A teacher may not provide instruction for a virtual

expulsion program course unless the teacher has completed a

professional development course on virtual instruction.

(g)

The commissioner shall adopt rules as necessary to

implement this section, including rules providing for a method of

taking attendance for students placed in a virtual expulsion

program and rules requiring school districts to provide basic

professional development training for teachers providing

instruction in a virtual expulsion program.

SECTION 13. Section 37.009, Education Code, is amended by

adding Subsection (f-1) to read as follows:

(f-1)

The board or the board's designee may order the

placement of a student expelled under Section 37.007 in an

alternative education program as provided by Section 37.0083.

SECTION 14. Sections 37.011(b), (h), and (k), 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)[
,

(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)[
, (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)[
, (d),
] or (e);

(3) establishes that a student may be placed in the

juvenile justice alternative education program if the student

engages in serious misbehavior, as defined by Section 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.

SECTION 15. 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)[
, (d),
] or

(e).

SECTION 16. Section 37.019, Education Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1)

The principal or principal's designee may order the

emergency placement or expulsion of a student under this section

based on a single incident of behavior by the student.

SECTION 17. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.028 to read as follows:

Sec.

37.028.

PENALTIES FOR IMPOSITION OF DISCIPLINARY

MEASURES PROHIBITED. (a) The agency may not withhold any state

funding or impose a penalty on a school district based on the number

of students in the district that have been removed from a classroom,

placed into in-school or out-of-school suspension, placed in a

disciplinary alternative education program or a juvenile justice

alternative education program, or expelled.

(b)

This section may not be construed to limit the agency

from taking any action to enforce requirements under federal law

related to a determination of significant disproportionality based

on the race and ethnicity of students with disabilities.

SECTION 18. Section 37.115, Education Code, is amended by

amending Subsection (d) and adding Subsection (d-1) to read as

follows:

(d) The superintendent of the district shall ensure, to the

greatest extent practicable, that the members appointed to each

team have expertise in counseling, behavior management, mental

health and substance use, classroom instruction, special

education, school administration, school safety and security,

emergency management, and law enforcement. A team may serve more

than one campus of a school district, provided that
:

(1)
each district campus is assigned a team
; and

(2)

in serving a particular campus, the team includes

the person designated to serve as the campus behavior coordinator

under Section 37.0012 for that campus
.

(d-1)

Notwithstanding Subsection (d), if a student in a

special education program under Subchapter A, Chapter 29, is the

subject of a threat assessment under Subsection (f), the team

conducting the assessment must include a person who has knowledge

of student disabilities and how student disabilities manifest and

may include:

(1) an educational diagnostician;

(2) a behavior specialist;

(3)

a special education teacher assigned to the

student;

(4) a licensed behavior analyst;

(5)

a licensed clinical or licensed master social

worker; or

(6) a licensed specialist in school psychology.

SECTION 19. Subchapter F, Chapter 38, Education Code, is

amended by adding Section 38.2545 to read as follows:

Sec.

38.2545.

TEXAS CHILD HEALTH ACCESS THROUGH

TELEMEDICINE. (a) In this section:

(1)

"Consortium" means the Texas Child Mental Health

Care Consortium established under Chapter 113, Health and Safety

Code.

(2)

"Program" means the Texas Child Health Access

through Telemedicine program operated by the consortium.

(b)

If the consortium makes available mental health

services to a school district through the program, the district may

offer to each student enrolled in the district access to those

mental health services.

(c) A school district may not:

(1)

refer to the program a student who is younger than

18 years of age unless the district obtains consent from the parent

or legal guardian of the student;

(2)

require a student to participate in any service

provided under Subsection (b); or

(3)

allow a student who is younger than 18 years of age

to participate in any component of the program that involves mental

health education or screening unless the program has obtained

signed written consent from the student's parent or legal guardian.

(d)

The program must obtain written consent from the parent

or legal guardian of a student as required by Section 113.0152,

Health and Safety Code, before providing to the student a mental

health service under this section.

(e)

The Texas Child Health Access through Telemedicine

program is not considered a "school official with a legitimate

educational interest" for purposes of the Family Educational Rights

and Privacy Act of 1974 (20 U.S.C. Section 1232g). A school

district may not share records relating to a student with the

program unless the district obtains written consent from the

student, or the parent or legal guardian of the student, if the

student is younger than 18 years of age.

(f)

The program shall maintain, provide to each school

district at which the program is available, and post quarterly on

the consortium's Internet website:

(1)

a list of health providers to which the program

refers participants; and

(2)

the process used by the program in vetting

providers described by Subdivision (1).

SECTION 20. Section 113.0251, Health and Safety Code, is

amended to read as follows:

Sec. 113.0251. BIENNIAL REPORT. Not later than December 1

of each even-numbered year, the consortium shall prepare and submit

to the governor, the lieutenant governor, the speaker of the house

of representatives, and the standing committee of each house of the

legislature with primary jurisdiction over behavioral health

issues and post on its Internet website a written report that

outlines:

(1) the activities and objectives of the consortium;

(2) the health-related institutions of higher

education listed in Section 113.0052(1) that receive funding by the

executive committee;

(3)

during the preceding two years, the percentage of

participants in the Texas Child Health Access through Telemedicine

program operated by the consortium:

(A)

who were prescribed a psychotropic drug by

the consortium;

(B)

who were referred to a health provider for

further mental health services;

(C) who completed program treatment goals; and

(D)

who were provided information on consortium

research programs on the participant's discharge from the program;

(4)

during the preceding two years, the percentage of

potential participants:

(A)

for whom a parent or legal guardian declined

to give informed consent to participate in the program; and

(B)

who were referred to but not enrolled in the

program because the potential participant needed more emergent

care;
and

(5)
[
(3)
] any legislative recommendations based on

the activities and objectives described by Subdivision (1).

SECTION 21. Sections 37.007(d) and (i), Education Code, are

repealed.

SECTION 22. (a) Not later than the first day of the

2025-2026 school year, the Texas Education Agency shall prepare and

provide to each school district a report identifying each law

relating to school discipline that was amended or added by the 89th

Legislature, Regular Session, 2025.

(b) A school district shall provide to each student and the

parent of or person standing in parental relation to the student the

report prepared under Subsection (a) of this section.

SECTION 23. Section 12A.004(a), Education Code, as amended

by this Act, applies to a local innovation plan adopted or renewed

before, on, or after the effective date of this Act.

SECTION 24. Section 22.05121, Education Code, as added by

this Act, applies to a disciplinary proceeding for conduct that

occurs before, on, or after the effective date of this Act, except

that a disciplinary proceeding finally resolved before the

effective date of this Act is unaffected by this Act.

SECTION 25. Notwithstanding Sections 38.2545(c)(2), (d),

and (e), Education Code, as added by this Act, a school district

must comply with the requirements of those provisions and update

consent forms and documents as necessary for compliance as soon as

practicable after the effective date of this Act but not later than

December 1, 2025.

SECTION 26. This Act applies beginning with the 2025-2026

school year.

SECTION 27. 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, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 6 was passed by the House on April 16,

2025, by the following vote: Yeas 124, Nays 20, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 6 on May 28, 2025, by the following vote: Yeas 114, Nays 19, 1

present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 6 was passed by the Senate, with

amendments, on May 22, 2025, by the following vote: Yeas 29, Nays

2.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor