SB1871 - Relating to discipline management and access to telehealth mental health services in public schools.

      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) [Text truncated for display. Full text available on LegiScan.]