87R4642 MWC-D     By: Wu H.B. No. 1201       A BILL TO BE ENTITLED   AN ACT   relating to alternative settings for behavior management in public   schools, including the development of restorative discipline   practices as part of a school district's discipline and placement   of a student in a disciplinary alternative education program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.0012(d), Education Code, is amended   to read as follows:          (d)  The campus behavior coordinator shall promptly notify a   student's parent or guardian as provided by this subsection if   under this subchapter the student is placed into in-school or   out-of-school suspension, placed in a disciplinary alternative   education program, expelled, or placed in a juvenile justice   alternative education program or is taken into custody by a law   enforcement officer. A campus behavior coordinator must comply   with this subsection by:                (1)  promptly contacting the parent or guardian by   telephone or in person; and                (2)  making a good faith effort to provide written   notice [of the disciplinary action] to the student, on the day   disciplinary [the] action is taken, for delivery to the student's   parent or guardian, of:                      (A)  the action taken; and                      (B)  any restorative discipline practices used   under Section 37.0017 before action has been taken under   Subparagraph (A).          SECTION 2.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0017 to read as follows:          Sec. 37.0017.  USE OF RESTORATIVE DISCIPLINE PRACTICES. (a)   In this section, "restorative discipline practices" includes   practices that address student behavior by building relationships   and encouraging belonging over exclusion, social engagement over   control, and meaningful accountability over punishment.          (b)  Each school district and open-enrollment charter school   shall develop and implement restorative discipline practices as   alternatives to disciplinary measures.          (c)  If disciplinary action is discretionary under this   subchapter, the campus behavior coordinator or another appropriate   administrator shall attempt restorative discipline practices   developed and implemented under Subsection (b) as an alternative   method for managing a student's behavior before:                (1)  placing the student into in-school or   out-of-school suspension;                (2)  placing the student in a disciplinary alternative   education program;                (3)  expelling the student; or                (4)  placing the student in a juvenile justice   alternative education program.          (d)  A school district or open-enrollment charter school   shall document each use of a restorative discipline practice   implemented under Subsection (b) and any outcome on student   behavior.          SECTION 3.  Sections 37.006(c), (d), and (f), Education   Code, are amended to read as follows:          (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[:                      [(A)]  a felony offense in Title 5, Penal Code[;   or                      [(B)  the felony offense of aggravated robbery   under Section 29.03, Penal Code];                (2)  a court or jury finds that the student has engaged   in delinquent conduct under Section 54.03, Family Code, for conduct   defined as[:                      [(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[:                      [(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 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 superintendent or the superintendent's   designee has a reasonable belief that the student has engaged in   conduct defined as a felony offense other than an offense   [aggravated robbery under Section 29.03, Penal Code, or those   offenses] defined in Title 5, Penal Code; and                (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.          (f)  Subject to Section 37.007(e), a student who is younger   than 12 [10] years of age shall be removed from class and placed in a   disciplinary alternative education program under Section 37.008 if   the student engages in conduct described by Section 37.007. An   elementary school student may not be placed in a disciplinary   alternative education program with any other student who is not an   elementary school student.          SECTION 4.  Sections 37.007(e) and (h), Education Code, are   amended to read as follows:          (e)  In accordance with 20 U.S.C. Section 7961 [7151], a   local educational agency, including a school district, home-rule   school district, or open-enrollment charter school, shall expel a   student who brings a firearm, as defined by 18 U.S.C. Section 921,   to school. The student must be expelled from the student's regular   campus for a period of at least one year, except that:                (1)  the superintendent or other chief administrative   officer of the school district or of the other local educational   agency, as defined by 20 U.S.C. Section 7801, may modify the length   of the expulsion in the case of an individual student;                (2)  the district or other local educational agency   shall provide educational services to an expelled student in a   disciplinary alternative education program as provided by Section   37.008 if the student is younger than 12 [10] years of age on the   date of expulsion; and                (3)  the district or other local educational agency may   provide educational services to an expelled student who is 12 [10]   years of age or older in a disciplinary alternative education   program as provided in Section 37.008.          (h)  Subject to Subsection (e), notwithstanding any other   provision of this section, a student who is younger than 12 [10]   years of age may not be expelled for engaging in conduct described   by this section.          SECTION 5.  Section 37.009, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  The period of the placement in a disciplinary   alternative education program determined under Subsection (a) or   (d) begins on the first school day after the date the conference is   held under Subsection (a) and includes days the student is:                (1)  placed into in-school or out-of-school   suspension;                (2)  awaiting placement or enrollment in a disciplinary   alternative education program or juvenile justice alternative   education program; or                (3)  otherwise removed from class.          SECTION 6.  This Act applies beginning with the 2021-2022   school year.          SECTION 7.  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, 2021.