bill repealing the positive behavior program

The text as introduced · 666 words

89R3157 RDR-D

By: Shaheen
H.B. No. 1141

A BILL TO BE ENTITLED

AN ACT

relating to the suspension of certain public school students and to

the repeal of the positive behavior program for public schools.

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

SECTION 1. Section 29.934(d), Education Code, is amended to

read as follows:

(d) To be designated as a resource campus, the campus must:

(1) implement a targeted improvement plan as described

by Chapter 39A and establish a school community partnership team;

(2) adopt an accelerated campus excellence turnaround

plan as provided by Section 39A.105(b) except that a classroom

teacher who satisfies the requirements for demonstrated

instructional effectiveness under Section 39A.105(b)(3) must also

hold a current designation assigned under Section 21.3521;

(3) be in a school district that has adopted an

approved local optional teacher designation system under Section

21.3521;

(4) satisfy certain staff criteria by:

(A) requiring a principal or teacher employed at

the campus before the designation to apply for a position to

continue at the campus;

(B) employing only teachers who have at least

three years of teaching experience;

(C) employing at least one school counselor for

every 300 students; and

(D) employing at least one appropriately

licensed professional to assist with the social and emotional needs

of students and staff, who must be a:

(i) family and community liaison;

(ii) clinical social worker;

(iii) specialist in school psychology; or

(iv) professional counselor;

(5) [ implement a positive behavior program as provided

by Section 37.0013;

[ (6) ] implement a family engagement plan as described

by Section 29.168;

(6) [ (7) ] develop and implement a plan to use high

quality instructional materials;

(7) [ (8) ] if the campus is an elementary campus,

operate the campus for a school year that qualifies for funding

under Section 48.0051; and

(8) [ (9) ] annually submit to the commissioner data and

information required by the commissioner to assess fidelity of

implementation.

SECTION 2. Section 37.005, Education Code, is amended by

amending Subsection (d) and adding Subsections (d-1) and (f) to

read as follows:

(d) A school district or open-enrollment charter school may

not place a student who is homeless in out-of-school suspension

unless the student engages in the following conduct [ described by

Subsections (c)(1)-(3) ] while on school property or while attending

a school-sponsored or school-related activity on or off of school

property :

(1) conduct that contains the elements of an offense

related to weapons under Section 46.02 or 46.05, Penal Code;

(2) conduct that contains the elements of a violent

offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;

or

(3) selling, giving, or delivering to another person

or possessing, using, or being under the influence of any amount of:

(A) marihuana or a controlled substance, as

defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq.;

(B) a dangerous drug, as defined by Chapter 483,

Health and Safety Code; or

(C) an alcoholic beverage, as defined by Section

1.04, Alcoholic Beverage Code .

(d-1) The campus behavior coordinator may coordinate with

the school district's homeless education liaison to identify

appropriate alternatives to out-of-school suspension for a student

who is homeless. [ In this subsection, "student who is homeless"

has the meaning assigned to the term "homeless children and youths"

under 42 U.S.C. Section 11434a. ]

(f) In this section, "student who is homeless" has the

meaning assigned to the term "homeless children and youths" under

42 U.S.C. Section 11434a.

SECTION 3. The following provisions of the Education Code

are repealed:

(1) Section 37.0013; and

(2) Section 37.005(c).

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.