Bill Summary – FastDemocracy

   
      88(R) HB 4033 - Introduced version - Bill Text
      
            88R5835 MEW-F
         
		By:  Buckley
            H.B.  No.  4033
         
               A BILL TO BE ENTITLED
            
               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 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  2.    Section 37.002, Education Code, is amended by 
         
            amending Subsections (b), (c), and (d) and adding Subsection (b-2) 
         
            to read as follows:
         
                          (b)    A teacher may remove from class a student:
         
                                      (1)    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)    whose behavior the teacher determines is [so] 
         
            unruly, disruptive, or abusive and [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 may remove a student from class under 
         
            Subsection (b) based on a single incident of behavior described by 
         
            Subsection (b)(1) or (2).
         
                          (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 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).   The terms of the removal 
         
            may prohibit the student from attending or participating in 
         
            school-sponsored or school-related activity.
         
                          (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 
         
            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 prohibited conduct or the elements of any 
         
            offense listed in Section 37.006(a)(2)(B), (a)(2)(G), (a)(2)(H), 
         
            or (b), or Section 37.007(a)(1), (a)(2)(B)(i), [37.007(a)(2)(A)] 
         
            or (a)(3) [(b)(2)(C)] against the teacher or another student in the 
         
            teacher's class, the student may not be returned to the teacher's 
         
            class without the teacher's consent.   The teacher may not be coerced 
         
            to consent.
         
                          SECTION  3.    Section 37.0021(f), Education Code, is amended 
         
            to read as follows:
         
                          (f)    For purposes of this subsection, "weapon" includes any 
         
            weapon described under Section 37.007(a)(2)(A) [37.007(a)(1)].   
         
            This section does not prevent a student's locked, unattended 
         
            confinement in an
Statutes affected: 
Introduced: Education Code 37.002, Education Code 37.0021, Education Code 37.005, Education Code 37.006, Education Code 37.007, Education Code 37.0012, Education Code 37.011, Education Code 37.019, Education Code 37.115 (Education Code 37)



	A BILL TO BE ENTITLED
	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 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 2. Section 37.002, Education Code, is amended by
	amending Subsections (b), (c), and (d) and adding Subsection (b-2)
	to read as follows:
	(b) A teacher may remove from class a student:
	(1) 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) whose behavior the teacher determines is [so]
	unruly, disruptive, or abusive and [~~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 may remove a student from class under
	Subsection (b) based on a single incident of behavior described by
	Subsection (b)(1) or (2).
	(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 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). The terms of the removal
	may prohibit the student from attending or participating in
	school-sponsored or school-related activity.
	(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
	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 prohibited conduct or the elements of any
	offense listed in Section 37.006(a)(2)(B), (a)(2)(G), (a)(2)(H),
	or (b), or Section 37.007(a)(1), (a)(2)(B)(i), [~~37.007(a)(2)(A)~~]
	or (a)(3) [~~(b)(2)(C)~~] against the teacher or another student in the
	teacher's class, the student may not be returned to the teacher's
	class without the teacher's consent. The teacher may not be coerced
	to consent.
	SECTION 3. Section 37.0021(f), Education Code, is amended
	to read as follows:
	(f) For purposes of this subsection, "weapon" includes any
	weapon described under Section 37.007(a)(2)(A) [~~37.007(a)(1)~~].
	This section does not prevent a student's locked, unattended
	confinement in an Statutes affected: Introduced: Education Code 37.002, Education Code 37.0021, Education Code 37.005, Education Code 37.006, Education Code 37.007, Education Code 37.0012, Education Code 37.011, Education Code 37.019, Education Code 37.115 (Education Code 37)