Bill Text: TX SB2063 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to public school discipline policies, practices, and procedures regarding student substance use and substance abuse prevention and intervention and mental health training for campus behavior coordinators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to Education [SB2063 Detail]
Download: Texas-2021-SB2063-Introduced.html
By: Menéndez | S.B. No. 2063 | |
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relating to public school discipline policies, practices, and | ||
procedures regarding student substance use and substance abuse | ||
prevention and intervention and mental health training for campus | ||
behavior coordinators. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.0012, Education Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) A school district must provide annual training to each | ||
campus behavior coordinator regarding: | ||
(1) the research-based best practices for school | ||
safety incorporated in the rules established for the safe and | ||
supportive school program under Section 37.115(b); and | ||
(2) the district's practices and procedures developed | ||
under Sections 38.351(i) and 38.3515. | ||
SECTION 2. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0053 to read as follows: | ||
Sec. 37.0053. SUSPENSION, PLACEMENT, OR EXPULSION OF | ||
STUDENTS FOR CONDUCT RELATED TO ALCOHOL OR DRUGS. (a) Except as | ||
provided by Subsection (c), in determining the consequences for | ||
student conduct relating to being under the influence of drugs or | ||
alcohol as specified in Section 37.006(d)(2) or 37.007(b)(2)(A), a | ||
school district may provide alternatives to suspension, placement | ||
in a disciplinary alternative education program, or expulsion that: | ||
(1) ensure the safety of all students; | ||
(2) support students in need of services relating to | ||
mental health or substance use; and | ||
(3) are in accordance with the discipline policy | ||
implemented under Section 37.024 and the substance abuse prevention | ||
and intervention practices and procedures developed under Sections | ||
38.351 and 38.3515. | ||
(b) In providing alternatives under Subsection (a), the | ||
district may require: | ||
(1) the issuance of a warning letter to a student and | ||
the student's parent or guardian that specifically describes the | ||
student's conduct and explains the possible consequences if the | ||
student engages in additional misconduct; | ||
(2) a behavior contract with a student that: | ||
(A) specifically describes any prohibited | ||
behavior or behavior required of the student and the penalties for | ||
additional alleged misconduct, including additional disciplinary | ||
action; and | ||
(B) must be signed by the student, the student's | ||
parent or guardian, and the campus behavior coordinator; and | ||
(3) a referral of a student to counseling, | ||
community-based services, or other in-school or out-of-school | ||
services related to substance use prevention and intervention. | ||
(c) A school district shall provide alternatives to | ||
suspension, placement in an alternative disciplinary education | ||
program, or expulsion for conduct described by Subsection (a) if | ||
the student self-reports the prohibited conduct. The alternatives | ||
must include a standardized screening for substance misuse and any | ||
necessary interventions and referrals described by Subsection | ||
(b)(3). | ||
(d) A district that suspends, places in an alternative | ||
disciplinary education program, or expels a student for conduct | ||
described by Subsection (a) shall: | ||
(1) document any interventions relating to substance | ||
use that the district has provided the student under Section 38.351 | ||
or 38.3515, including: | ||
(A) assessing student needs relating to mental | ||
health concerns, substance misuse, or suicide risk; | ||
(B) providing for appropriate levels of | ||
school-based interventions; and | ||
(C) making referrals to community-based | ||
services, when necessary; and | ||
(2) provide for a standardized screening for misuse | ||
that includes brief interventions or referrals, when needed. | ||
SECTION 3. Sections 37.006(a) and (d), Education Code, are | ||
amended to read as follows: | ||
(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) 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) sells, gives, or delivers to another person | ||
or possesses or uses [ |
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(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.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; | ||
(D) sells, gives, or delivers to another person | ||
an alcoholic beverage, as defined by Section 1.04, Alcoholic | ||
Beverage Code, or commits a serious act or offense while under the | ||
influence of alcohol, |
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(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. | ||
(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 if: | ||
(1) based on conduct occurring off campus and while | ||
the student is not in attendance at a school-sponsored or | ||
school-related activity [ |
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(A) [ |
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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) [ |
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in the regular classroom threatens the safety of other students or | ||
teachers or will be detrimental to the educational process; or | ||
(2) the student 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) subject to Section 37.0053(c), is under the | ||
influence 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.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; or | ||
(B) is under the influence of an alcoholic | ||
beverage. | ||
SECTION 4. Sections 37.007(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (k), 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; or | ||
(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) aggravated kidnapping under Section 20.04, | ||
Penal Code; | ||
(F) 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 | ||
children under Section 21.02, Penal Code[ |
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[ |
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(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) sells, gives, or delivers to another person | ||
or, subject to Section 37.0053(c), 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; | ||
(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 | ||
(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 5. Section 37.008, Education Code, is amended by | ||
amending Subsection (k) and adding Subsection (k-1) to read as | ||
follows: | ||
(k) A disciplinary alternative education program shall | ||
provide a student placed in the program due to conduct that involves | ||
drugs or alcohol as specified under Section 37.006 or 37.007: | ||
(1) a standardized screening for substance misuse that | ||
includes brief interventions or referrals, when needed; and | ||
(2) a [ |
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for the [ |
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[ |
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(k-1) A disciplinary alternative education program that | ||
provides chemical dependency treatment services must be licensed | ||
under Chapter 464, Health and Safety Code. | ||
SECTION 6. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.024 to read as follows: | ||
Sec. 37.024. DISCIPLINE POLICY REGARDING SUBSTANCE USE. | ||
(a) Each school district shall adopt and implement a policy | ||
regarding student discipline for a violation of the student code of | ||
conduct committed by a student relating to substance use. The | ||
policy may provide for: | ||
(1) in accordance with the substance abuse prevention | ||
and intervention practices and procedures developed under Section | ||
38.3515, disciplinary alternatives to student suspension or | ||
expulsion, including: | ||
(A) encouraging the use of diversion programs for | ||
students; and | ||
(B) identifying local community referrals | ||
appropriate for students and youth treatment programs; | ||
(2) staff training and education regarding | ||
alternatives to disciplinary action; | ||
(3) encouraging students to seek assistance for | ||
substance use and less severe consequences if a student | ||
self-reports prohibited conduct relating to substance use; | ||
(4) consequences for substance use that are: | ||
(A) based on evidence or best practices, whenever | ||
possible; | ||
(B) consistent, nondiscriminatory, and | ||
reasonable; and | ||
(C) appropriate for: | ||
(i) the level of offense or violation; | ||
(ii) the student's age and development; | ||
(iii) the circumstances of the incident or | ||
substance use; and | ||
(iv) the school's available resources; | ||
(5) the use of out-of-school suspension or expulsion | ||
for substance use only when absolutely necessary; and | ||
(6) a system of graduated sanctions for substance use | ||
that are required to be imposed on a student before the student is | ||
expelled under Section 37.007(b)(2)(A). | ||
(b) A discipline policy adopted under Subsection (a) must | ||
require that the district document any graduated sanctions imposed | ||
on a student before the student is expelled for conduct relating to | ||
substance use. | ||
SECTION 7. Subchapter G, Chapter 38, Education Code, is | ||
amended by adding Section 38.3515 to read as follows: | ||
Sec. 38.3515. SUBSTANCE ABUSE PREVENTION AND INTERVENTION | ||
PRACTICES AND PROCEDURES. In addition to the practices and | ||
procedures developed under Section 38.351(i), a school district | ||
shall develop practices and procedures concerning substance abuse | ||
prevention and intervention that: | ||
(1) encourage support, intervention, and treatment | ||
for students who are at risk of engaging in substance abuse; | ||
(2) establish an identified process for assessing and | ||
developing intervention plans with students who are at risk of | ||
engaging in substance abuse, including designating a person within | ||
the school district who is responsible for overseeing the process; | ||
(3) require a standardized screening and assessment | ||
for substance use issues to be conducted on a student who was under | ||
the influence of illegal drugs or alcohol while on school property | ||
or during a school-sponsored activity, if the student's parent or | ||
guardian consents to a screening and assessment of the student; | ||
(4) assist students who have been identified as having | ||
substance use issues through intervention, counseling, and | ||
referral to a continuum of services; and | ||
(5) provide alternatives to disciplinary action to | ||
students who have been identified as having substance use issues | ||
that include multitiered interventions, including: | ||
(A) trauma-informed practices; | ||
(B) social and emotional learning; | ||
(C) restorative practices; and | ||
(D) referrals to services, as necessary. | ||
SECTION 8. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 9. 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. |