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 defined by Section 161.081, Health and   Safety Code;                (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; and                      (B)  an expulsion under Section 37.007;                (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); and                (10)  include a statement regarding whether the board   has adopted a policy for parental involvement in school   disciplinary placements under Section 37.0014 and, if so, the   provisions of the policy.          (b-1)  The methods adopted under Subsection (a)(8) must   provide that a student who is enrolled in a special education   program under Subchapter A, Chapter 29, may not be disciplined in a   manner that results in a change in the student's educational   placement for conduct prohibited in accordance with Subsection   (a)(7) until an admission, review, and dismissal committee meeting   has been held to review the conduct.          SECTION 6.  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 7.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0014 to read as follows:          Sec. 37.0014.  POLICY FOR PARENTAL INVOLVEMENT IN SCHOOL   DISCIPLINARY PLACEMENTS. (a) The board of trustees of a school   district may adopt a policy for parental involvement in school   disciplinary placements.          (b)  A policy adopted under this section must provide for:                (1)  the principal, campus behavior coordinator, or   other appropriate administrator to notify the parent of or person   standing in parental relation to a student who has been placed in a   disciplinary alternative education program or expelled of the   parent's or person's right to request a behavioral agreement that   specifies the responsibilities of the parent or person and student   to be developed; and                (2)  if a behavioral agreement described by Subdivision   (1) is developed and the student and the student's parent or person   standing in parental relation comply with the terms of the   agreement, subject to Subsection (c), a reduction in the period of   the disciplinary placement imposed on the student.          (c)  A reduction in the period of a disciplinary placement   under Subsection (b)(2) does not entitle the student for whom the   period of placement was reduced to a different disciplinary   placement. The reduction in the period of a disciplinary placement   is at the sole discretion of the principal, campus behavior   coordinator, or other appropriate administrator and may be revoked   or amended at any time if the student or the student's parent or   person standing in parental relation does not comply with the terms   of the behavioral agreement developed under Subsection (b)(1).          (d)  A behavioral agreement developed under Subsection   (b)(1) must include in writing the specific reduction in the period   of the student's disciplinary placement with which the student will   be credited if the student and the student's parent or person   standing in parental relation comply with the terms of the   behavioral agreement.          (e)  The commissioner shall adopt a model behavioral   agreement for use by school districts in developing a behavioral   agreement under Subsection (b)(1).          SECTION 8.  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), (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 may place the student 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).          (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 written 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 9.  Section 37.005, Education Code, is amended by   amending Subsections (a), (b), (c), and (d) and adding Subsections   (b-1), (b-2), and (c-2) 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 principal or other appropriate   administrator shall review the in-school suspension of a student   under this section at least once every 10 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 principal or other appropriate administrator   determines that continued in-school suspension is appropriate, the   principal or other appropriate administrator shall document the   determination.          (b-2)  A school shall provide a student subject to an   in-school suspension under this section with appropriate   behavioral support services and comparable educational services as   the student would receive in the classroom. If the student receives   special education services under Subchapter A, Chapter 29, the   student must:                (1)  continue to receive special education and related   services specified in the student's individualized education   program; and                (2)  continue to have an opportunity to progress in the   general curriculum.          (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)  documented 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.          (c-2)  On receiving a written request from the student's   parent or person standing in parental relation to the student, the   principal or other appropriate administrator may at the principal's   or other appropriate administrator's sole discretion reassign a   student placed in out-of-school suspension under Subsection (c) to   an in-school suspension if the student's parent or person standing   in parental relation to the student demonstrates through supporting   information and documentation that the parent or person is unable   to provide suitable supervision for the student during school hours   during the period of the suspension. The alternative placement   provided by this section may be used only in extenuating   circumstances and may not be used as a routine replacement for   out-of-school suspension. The school district shall maintain   documentation of each reassignment under this subsection,   including the parent's or person's request, the reason for the   parent's or person's unavailability, and the supporting information   and documentation.          (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 10.  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];                      (D)  the offense of disorderly conduct involving a   firearm under Section 42.01(a)(7) or (8); or                      (E)  the offense of unlawfully carrying weapons   under Section 46.02, except for an offense punishable as a Class C   misdemeanor under that section;                (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;                      (B)  subject to 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                      (C)  possesses or uses an e-cigarette, as defined   by Section 161.081, Health and Safety Code, except that if a   student who possesses or uses an e-cigarette is not placed in a   disciplinary alternative education program for the first-time   offense under Section 37.008, the student shall be placed in   in-school suspension for a period of at least 10 school days; 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 intentional and repeated.          SECTION 11.  Sections 37.007(a) and (b), Education Code, are   amended 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   the offense of assault under Section 22.01(a)(1), Penal Code,   against a school district employee or volunteer as defined by   Section 22.053 of this code; or                (5)  engages in conduct that contains the elements of   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.          SECTION 12.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0083 to read as follows:          Sec. 37.0083.  VIRTUAL EXPULSION PROGRAM. (a) The   principal or other appropriate administrator may place a student   who has been expelled under Section 37.007 or 37.0081 in a virtual   expulsion program established by the district and provide virtual   instruction and instructional materials for remote learning to the   student only if:                (1)  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, and the juvenile justice alternative education program   rejects admission of the student or returns the student before the   expiration of the discipline assignment; or                (2)  the school district is not located in a county that   operates a juvenile justice alternative education program and does   not contract with the juvenile board of another county for the   provision of a juvenile justice alternative education program.          (a-1)  If the principal or other appropriate administrator   places a student in a virtual expulsion program under this section,   the school district shall ensure that the student has suitable   computer equipment and Internet access and provide the computer   equipment and Internet access if necessary.          (b)  A school district must ensure that, to the extent   practicable in a virtual setting, the district's virtual expulsion   program complies with the requirements for a disciplinary   alternative education program under Section 37.008.          (c)  The principal or other appropriate administrator shall   review the placement of a student in a virtual expulsion 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. The review must consider whether a   position for the grade level in which the student is enrolled has   become available in an in-person setting under Subsection (a)(1).   If the principal or other appropriate administrator determines that   such a position has become available, the school district shall   plan for the student's transition to an in-person setting as soon as   practicable. If the principal or other appropriate administrator   determines that continued placement is appropriate, the principal   or other appropriate administrator shall document the   determination.          (d)  A student placed in a virtual expulsion program shall be   counted toward the district's average daily attendance for purposes   of receipt of state funds under the Foundation School Program if the   district can confirm the student's daily attendance in the virtual   expulsion program.          (e)  A school district may not require a teacher who provides   virtual instruction to students in a virtual expulsion 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   expulsion 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 expulsion   program and rules requiring school districts to provide basic   professional development training for teachers providing   instruction in a virtual expulsion program.          SECTION 13.  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 Section 37.0083.          SECTION 14.  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 15.  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 16.  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 17.  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 18.  Section 37.115, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) 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.          (d-1)  Notwithstanding Subsection (d), if a student in a   special education program under Subchapter A, Chapter 29, is the   subject of a threat assessment under Subsection (f), the team   conducting the assessment must include a person who has knowledge   of student disabilities and how student disabilities manifest and   may include:                (1)  an educational diagnostician;                (2)  a behavior specialist;                (3)  a special education teacher assigned to the   student;                (4)  a licensed behavior analyst;                (5)  a licensed clinical or licensed master social   worker; or                (6)  a licensed specialist in school psychology.          SECTION 19.  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 Internet 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 20.  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   potential participants:                      (A)  for whom a parent or legal guardian declined   to give informed consent to participate in the program; and                      (B)  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 21.  Sections 37.007(d) and (i), Education Code, are   repealed.          SECTION 22.  (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 23.  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 24.  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 25.  Notwithstanding Sections 38.2545(c)(2), (d),   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 26.  This Act applies beginning with the 2025-2026   school year.          SECTION 27.  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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 6 was passed by the House on April 16,   2025, by the following vote:  Yeas 124, Nays 20, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 6 on May 28, 2025, by the following vote:  Yeas 114, Nays 19, 1   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 6 was passed by the Senate, with   amendments, on May 22, 2025, by the following vote:  Yeas 29, Nays   2.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor