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

89(R) SB 1871 - Engrossed version - Bill Text

By: Perry, et al.

S.B. No. 1871

A BILL TO BE ENTITLED

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 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 2. 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 3. 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 4. 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), (c-3), (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
or campus behavior coordinator
may

place the student
into a school-based behavioral support setting,

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).

(c-3)

The principal or campus behavior coordinator must

consider whether a student removed from class under Subsection (b)

may be placed into a school-based behavioral support setting

designed to address the student's physical, mental, or behavioral

health needs before making a determination to place the student in

another placement setting described by 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 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 5. Section 37.005, Education Code, is amended by

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

(b-1) 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 placement review committee shall review

the in-school suspension of a student under this section at least

once every fifteen 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

placement review committee determines that continued in-school

suspension is appropriate, the committee shall document the

determination.

(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)

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.

(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 6. 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
];
or

(D)

the offense of disorderly conduct involving a

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

(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; or

(B)

except as provided by 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

(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 wilful, repeated, and documented.

SECTION 7. Section 37.007, Education Code, is amended by

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

an offense under Section 22.01(a)(1), Penal Code, against a school

district employee or a volunteer as defined by Section 22.053 of

this code; or

(5)

engages in conduct that constitutes 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.

(f-1)

A school district may place a student expelled under

this section in:

(1)

a virtual or in-person disciplinary alternative

education program; or

(2) a juvenile justice alternative education program.

SECTION 8. Section 37.0081(a-1), Education Code, is amended

to read as follows:

(a-1) The student must be placed in:

(1) a juvenile justice alternative education program,

if 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;

or

(2) a
virtual or in-person
disciplinary alternative

education program.

SECTION 9. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0083 to read as follows:

Sec.

37.0083.

VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION

PROGRAM. (a) The board of trustees of a school district, or the

board's designee, may place a student who has been expelled under

Section 37.007 or 37.0081 in a virtual disciplinary alternative

education program established by the district and provide virtual

instruction and instructional materials for remote learning to the

student only if no positions for the grade level in which the

student is enrolled are available in:

(1)

the district's in-person disciplinary alternative

education program; and

(2)

if the county in which the district is located

operates a juvenile justice alternative education program, the

county's juvenile justice alternative education program.

(b)

A school district must ensure that, to the extent

practicable in a virtual setting, the district's virtual

disciplinary alternative education program complies with the

requirements for a disciplinary alternative education program

under Section 37.008.

(c)

A school's placement review committee shall review the

placement of a student in a virtual disciplinary alternative

education 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.

If the placement review

committee determines that continued placement is appropriate, the

committee shall document the determination.

(d)

A student placed in a virtual disciplinary alternative

education program shall be counted toward the district's average

daily attendance for purposes of receipt of state funds under the

Foundation School Program.

(e)

A school district may not require a teacher who provides

virtual instruction to students in a virtual disciplinary

alternative education 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

disciplinary alternative education 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 disciplinary

alternative education program.

SECTION 10. 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 Subsection (f-1) of

that section.

SECTION 11. Section 37.010, Education Code, is amended by

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

(c-1)

This subsection applies to a juvenile court in a

county that operates a program under Section 37.011.

Notwithstanding Subsections (a) and (c), a court may order a

student expelled under Section 37.007 to attend a school district's

virtual disciplinary alternative education program, if:

(1)

the district has established a virtual

disciplinary alternative education program under Section 37.0083;

and

(2)

the county's juvenile justice alternative

education program under Section 37.011 has no available positions

for the grade level in which the student is enrolled.

SECTION 12. 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 13. 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 14. 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 15. 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 16. Section 37.115(d), Education Code, is amended

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
.

SECTION 17. 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 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 18. 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:

(A)

potential participants for whom a parent or

legal guardian declined to give informed consent to participate in

the program; and

(B)

potential participants 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 19. Sections 37.007(d) and (i), Education Code, are

repealed.

SECTION 20. (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 21. 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 22. 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 23. Notwithstanding Sections 38.2545(c)(3) 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 24. This Act applies beginning with the 2025-2026

school year.

SECTION 25. 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.