By: Menéndez	S.B. No. 2063

	A BILL TO BE ENTITLED
	AN ACT
	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 [or 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;
	(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, or possesses, or 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.
	(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 [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; 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[; or
	[(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony].
	(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 [A] program of educational and support services
	for the [may be provided to a] student and the student's parents
	[when the offense involves drugs or alcohol as specified under
	Section 37.006 or 37.007].
	(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.