89R3157 RDR-D     By: Shaheen H.B. No. 1141       A BILL TO BE ENTITLED   AN ACT   relating to the suspension of certain public school students and to   the repeal of the positive behavior program for public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 29.934(d), Education Code, is amended to   read as follows:          (d)  To be designated as a resource campus, the campus must:                (1)  implement a targeted improvement plan as described   by Chapter 39A and establish a school community partnership team;                (2)  adopt an accelerated campus excellence turnaround   plan as provided by Section 39A.105(b) except that a classroom   teacher who satisfies the requirements for demonstrated   instructional effectiveness under Section 39A.105(b)(3) must also   hold a current designation assigned under Section 21.3521;                (3)  be in a school district that has adopted an   approved local optional teacher designation system under Section   21.3521;                (4)  satisfy certain staff criteria by:                      (A)  requiring a principal or teacher employed at   the campus before the designation to apply for a position to   continue at the campus;                      (B)  employing only teachers who have at least   three years of teaching experience;                      (C)  employing at least one school counselor for   every 300 students; and                      (D)  employing at least one appropriately   licensed professional to assist with the social and emotional needs   of students and staff, who must be a:                            (i)  family and community liaison;                            (ii)  clinical social worker;                            (iii)  specialist in school psychology; or                            (iv)  professional counselor;                (5)  [implement a positive behavior program as provided   by Section 37.0013;                [(6)]  implement a family engagement plan as described   by Section 29.168;                (6) [(7)]  develop and implement a plan to use high   quality instructional materials;                (7) [(8)]  if the campus is an elementary campus,   operate the campus for a school year that qualifies for funding   under Section 48.0051; and                (8) [(9)]  annually submit to the commissioner data and   information required by the commissioner to assess fidelity of   implementation.          SECTION 2.  Section 37.005, Education Code, is amended by   amending Subsection (d) and adding Subsections (d-1) and (f) to   read as follows:          (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 the following conduct [described by   Subsections (c)(1)-(3)] while on school property or while attending   a school-sponsored or school-related activity on or off of school   property:                (1)  conduct that contains the elements of an offense   related to weapons under Section 46.02 or 46.05, Penal Code;                (2)  conduct that contains the elements of a violent   offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;   or                (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-1)  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.]          (f)  In this section, "student who is homeless" has the   meaning assigned to the term "homeless children and youths" under   42 U.S.C. Section 11434a.          SECTION 3.  The following provisions of the Education Code   are repealed:                (1)  Section 37.0013; and                (2)  Section 37.005(c).          SECTION 4.  This Act applies beginning with the 2025-2026   school year.          SECTION 5.  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.