89R14633 GP-D     By: Cunningham H.B. No. 3754       A BILL TO BE ENTITLED   AN ACT   relating to a school district conference or hearing following a   public school student's removal from a classroom or expulsion.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 37.009(a) and (f), 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 or another adult who can provide guidance to the student and   who is not an employee of the school district, 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. 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 the student is   a threat to the safety of other students or to district employees.          (f)  Before a student may be expelled under Section 37.007,   the board or the board's designee must provide the student a hearing   at which the student is afforded appropriate due process as   required by the federal constitution and which the student's parent   or guardian is invited, in writing, to attend. At the hearing, the   student is entitled to be represented by the student's parent or   guardian or another adult who can provide guidance to the student   and who is not an employee of the school district. [If the school   district makes a good-faith effort to inform the student and the   student's parent or guardian of the time and place of the hearing,   the district may hold the hearing regardless of whether the   student, the student's parent or guardian, or another adult   representing the student attends.] Before ordering the expulsion   of a student, the board of trustees 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 board concerns a mandatory or discretionary action.     If the decision to expel a student is made by the board's designee,   the decision may be appealed to the board. The decision of the   board may be appealed by trial de novo to a district court of the   county in which the school district's central administrative office   is located.          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  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.