Curry Bill Lets Districts Move Students To Virtual Classes

The text as introduced · 660 words

By: Curry
H.B. No. 1081

A BILL TO BE ENTITLED

AN ACT

relating to the placement by a school district of a student who

engages in a course of conduct that demonstrates habitually

violent, harmful, or destructive behavior.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.025 to read as follows:

Sec. 37.025. EDUCATIONAL SETTING FOR STUDENTS WHO ENGAGE IN

COURSE OF CONDUCT DEMONSTRATING HABITUALLY VIOLENT, HARMFUL, OR

DESTRUCTIVE BEHAVIOR. (a) In this section, "habitually violent,

harmful, or destructive behavior" means a demonstration of

behavior, such as assault, that results in:

(1) injury or harm to a student or school district

teacher, employee, or other staff member; or

(2) damage to school district property.

(b) A school district may:

(1) for a prescribed period determined by the

district, place a student who engages in a course of conduct

demonstrating habitually violent, harmful, or destructive behavior

in a virtual setting and provide virtual instruction and

instructional materials for remote learning to the student;

(2) consult with local and state law enforcement

agencies to determine whether a student's course of conduct

described by Subdivision (1) poses a legitimate ongoing threat to

cause:

(A) injury or harm to a student or school

district teacher, employee, or other staff member in the general

education setting; or

(B) damage to school district property;

(3) establish certain conditions that a student or a

student's parent or person standing in parental relation to the

student must fulfill to allow a student placed in a virtual setting

to return to an alternative, general, or hybrid educational

setting, including conditions that require:

(A) the student or the student's parent or person

standing in parental relation to the student to provide evidence

that the student has undergone a medical or mental health

evaluation; or

(B) other reasonable steps designed to help the

district determine whether the student continues to pose a threat

to cause:

(i) injury or harm to a student or school

district teacher, employee, or other staff member; or

(ii) damage to school district property;

and

(4) if a student receives special education services

under Subchapter A, Chapter 29, or is receiving accommodations

under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section

794), and has been determined to pose an ongoing threat to the

physical safety of students or school district teachers, employees,

or other staff members or to the destruction of school district

property, require the student's admission, review, and dismissal

committee or team established under Section 504, Rehabilitation Act

of 1973 (29 U.S.C. Section 794), as applicable, to meet to determine

an appropriate educational setting for the student, in accordance

with Section 37.004 and federal law and regulations, to ensure the

student receives a free appropriate public education as required

under the Individuals with Disabilities Education Act (20 U.S.C.

Section 1400 et seq.).

(c) If the admission, review, and dismissal committee of a

student who engages in a course of conduct described by Subsection

(b) determines under Subsection (b)(4) that the least restrictive

environment for the student is a remote, therapeutic, or

residential placement, the district is entitled to receive from the

state reimbursement for expenses and appropriate funding for the

provision of services to that student.

(d) A student placed in virtual instruction under

Subsection (b)(1) shall be counted toward the school district's

enrollment and average daily attendance in the same manner as other

district students. The commissioner shall adopt rules providing

for a method of taking attendance for students placed in virtual

instruction under Subsection (b)(1).

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.