HB4651 - Relating to the period for which a public school student may be placed in a disciplinary alternative education program or expelled.

  89R15145 RDR-F     By: Allen H.B. No. 4651       A BILL TO BE ENTITLED   AN ACT   relating to the period for which a public school student may be   placed in a disciplinary alternative education program or expelled.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.001(a), Education Code, is 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;                (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 , which may not   exceed 30 days ; and                      (B)  an expulsion under Section 37.007 , which may   not exceed 60 days ;                (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).          SECTION 2.  Sections 37.009(a), (b), (c), (d), (e), and (h),   Education Code, are amended to read as follows:          (a)  Not later than the third class day after the day on which   a student is removed from class by the teacher under Section   37.002(b) or (d) or by the school principal or other appropriate   administrator under Section 37.001(a)(2) or 37.006, the campus   behavior coordinator or other appropriate administrator shall   schedule a conference among the campus behavior coordinator or   other appropriate administrator, a parent or guardian of the   student, the teacher removing the student from class, if any, and   the student.  At the conference, the student is entitled to written   or oral notice of the reasons for the removal, an explanation of the   basis for the removal, and an opportunity to respond to the reasons   for the removal.  The student may not be returned to the regular   classroom pending the conference.  Following the conference, and   whether or not each requested person is in attendance after valid   attempts to require the person's attendance, the campus behavior   coordinator, after consideration of the factors under Section   37.001(a)(4), shall order the placement of the student for a period   consistent with the student code of conduct.  Before ordering the   suspension, expulsion, removal to a disciplinary alternative   education program, or placement in a juvenile justice alternative   education program of a student, the behavior coordinator must   consider whether the student acted in self-defense, the intent or   lack of intent at the time the student engaged in the conduct, the   student's disciplinary history, and whether the student has a   disability that substantially impairs the student's capacity to   appreciate the wrongfulness of the student's conduct, regardless of   whether the decision of the behavior coordinator concerns a   mandatory or discretionary action.  If school district policy   allows a student to appeal to the board of trustees or the board's   designee a decision of the campus behavior coordinator or other   appropriate administrator, other than an expulsion under Section   37.007, the decision of the board or the board's designee is final   and may not be appealed.   The  [ If the ] period of the placement must   be consistent [ is inconsistent ] with the guidelines included in the   student code of conduct under Section 37.001(a)(5)[ , the order must   give notice of the inconsistency ].  [ The period of the placement may   not exceed one year unless, after a review, the district determines   that the student is a threat to the safety of other students or to   district employees. ]          (b)  If a student's placement in a disciplinary alternative   education program is to extend beyond 10 [ 60 ] days or the end of the   next grading period, whichever is earlier, a student's parent or   guardian is entitled to notice of and an opportunity to participate   in a proceeding before the board of trustees of the school district   or the board's designee, as provided by policy of the board of   trustees of the district.  Any decision of the board or the board's   designee under this subsection is final and may not be appealed.          (c)  Before it may place [ a student ] in a disciplinary   alternative education program or expel a student for a reason for   which placement in a disciplinary alternative education program or   expulsion is permissive [ a period that extends beyond the end of the   school year ], the board or the board's designee must determine   that[ :                [ (1) ]  the student's presence in the regular classroom   program or at the student's regular campus presents a danger of   physical harm to the student or to another individual[ ; or                [ (2)     the student has engaged in serious or persistent   misbehavior that violates the district's student code of conduct ].          (d)  The board or the board's designee shall set a term for a   student's placement in a disciplinary alternative education   program that is consistent [ .   If the period of the placement is   inconsistent ] with the guidelines included in the student code of   conduct under Section 37.001(a)(5)[ , the order must give notice of   the inconsistency ].  [ The period of the placement may not exceed one   year unless, after a review, the district determines that:                [ (1)     the student is a threat to the safety of other   students or to district employees; or                [ (2)     extended placement is in the best interest of the   student. ]          (e)  A student placed in a disciplinary alternative   education program or expelled shall be provided a review of the   student's status, including a review of the student's academic   status, by the board's designee at intervals not to exceed 10 [ 120 ]   days.  In the case of a high school student, the board's designee,   with the student's parent or guardian, shall review the student's   progress towards meeting high school graduation requirements and   shall establish a specific graduation plan for the student.  The   district is not required under this subsection to provide a course   in the district's disciplinary alternative education program   except as required by Section 37.008(l).  At the review, the student   or the student's parent or guardian must be given the opportunity to   present arguments for the student's return to the regular classroom   or campus.  The student may not be returned to the classroom of the   teacher who removed the student without that teacher's consent.     The teacher may not be coerced to consent.          (h)   The board or the board's designee shall set a term for a   student's expulsion that is consistent [ If the period of an   expulsion is inconsistent ] with the guidelines included in the   student code of conduct under Section 37.001(a)(5)[ , the order must   give notice of the inconsistency ]. [ The period of an expulsion may   not exceed one year unless, after a review, the district determines   that:                [ (1)     the student is a threat to the safety of other   students or to district employees; or                [ (2)     extended placement is in the best interest of the   student. ] After a school district notifies the parents or   guardians of a student that the student has been expelled, the   parent or guardian shall provide adequate supervision of the   student during the period of expulsion.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.