HB6 - Relating to discipline management and access to telehealth mental health services in public schools.

      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 d [Text truncated for display. Full text available on Congress.gov.]