bill barring out-of-school suspension below grade six

The text as introduced · 447 words

89R1504 AMF-F

By: Bucy
H.B. No. 458

A BILL TO BE ENTITLED

AN ACT

relating to the discipline of students enrolled in certain grade

levels or receiving special education services in a public school.

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

SECTION 1. Section 37.0013(a), Education Code, is amended

to read as follows:

(a) Each school district and open-enrollment charter school

may develop and implement a program, in consultation with campus

behavior coordinators employed by the district or school and

representatives of a regional education service center, that

provides a disciplinary alternative for a student enrolled in a

grade level below grade six or a student receiving special

education services under Subchapter A, Chapter 29, [ three ] who

engages in conduct described by Section 37.005(a) and is not

subject to Section 37.005(c). The program must:

(1) be age-appropriate and research-based;

(2) provide models for positive behavior;

(3) promote a positive school environment;

(4) provide alternative disciplinary courses of

action that do not rely on the use of in-school suspension,

out-of-school suspension, or placement in a disciplinary

alternative education program to manage student behavior; and

(5) provide behavior management strategies,

including:

(A) positive behavioral intervention and

support;

(B) trauma-informed practices;

(C) social and emotional learning;

(D) a referral for services, as necessary; and

(E) restorative practices.

SECTION 2. Section 37.005(c), Education Code, is amended to

read as follows:

(c) A student who is enrolled in a grade level below grade

six [ three ] may not be placed in out-of-school suspension unless

while on school property or while attending a school-sponsored or

school-related activity on or off of school property, the student

engages in:

(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.

SECTION 3. This Act applies beginning with the 2025-2026

school year.

SECTION 4. 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.