bill ends mandatory alternative school for vaping and THC

The text as introduced · 1,358 words

89R14441 BCH-F

By: A. Davis of Dallas
H.B. No. 4833

A BILL TO BE ENTITLED

AN ACT

relating to the removal of a public school student from the

classroom for engaging in certain conduct and requiring a drug

prevention and intervention program.

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

SECTION 1. Section 28.002(r), Education Code, is amended to

read as follows:

(r) In adopting the essential knowledge and skills for the

health curriculum under Subsection (a)(2)(B), the State Board of

Education shall adopt essential knowledge and skills that address

the science, risk factors, causes, dangers, consequences, signs,

symptoms, and treatment of substance abuse, including the use of

e-cigarettes, tobacco products, marihuana, and illegal drugs,

abuse of prescription drugs, abuse of alcohol such as by binge

drinking or other excessive drinking resulting in alcohol

poisoning, inhaling solvents, and other forms of substance abuse.

The agency shall compile a list of evidence-based substance abuse

awareness programs from which a school district , subject to the

requirements under Section 38.041, shall choose a program to use in

the district's middle school, junior high school, and high school

health curriculum. In this subsection, "evidence-based substance

abuse awareness program" means a program, practice, or strategy

that has been proven to effectively prevent or reduce substance

abuse among students, as determined by evaluations that are

evidence-based.

SECTION 2. Section 37.006(a), Education Code, is amended to

read as follows:

(a) Subject to the requirements of Section 37.009(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) a controlled substance, as defined by

Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et

seq., excluding marihuana, as defined by Section 481.002, Health

and Safety Code, or tetrahydrocannabinol, as defined by rule

adopted under Section 481.003 of that code; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code;

[ (C-1) possesses, uses, or is under the influence

of, or sells, gives, or delivers to another person marihuana, as

defined by Section 481.002, Health and Safety Code, or

tetrahydrocannabinol, as defined by rule adopted under Section

481.003 of that code;

[ (C-2) possesses, uses, sells, gives, or

delivers to another person an e-cigarette, as defined by Section

161.081, Health and Safety Code; ]

(D) sells, gives, or delivers to another person

an alcoholic beverage, as defined by Section 1.04, Alcoholic

Beverage Code, commits a serious act or offense while under the

influence of alcohol, or possesses, 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.

SECTION 3. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.0063 to read as follows:

Sec. 37.0063. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA

INTERVENTION PROGRAM. (a) In this section:

(1) "E-cigarette" has the meaning assigned by Section

161.081, Health and Safety Code.

(2) "Marihuana" has the meaning assigned by Section

481.002, Health and Safety Code.

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

shall develop and implement an e-cigarette, tobacco product, and

marihuana intervention program in consultation with campus

behavior coordinators employed by the district or school,

representatives of a regional education service center, and local

health authorities.

(c) A program implemented under this section must serve as a

disciplinary alternative for a student suspected or found to have

engaged in using an e-cigarette, tobacco product, or marihuana on

or within 300 feet of school property, or while attending a

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

property.

(d) A program implemented under this section must:

(1) provide age-appropriate, evidence-based drug

education and counseling to help prevent or reduce the use of

e-cigarettes, tobacco products, and marihuana by students;

(2) provide alternative disciplinary courses of

action that do not use in-school suspension, out-of-school

suspension, or placement in a disciplinary alternative education

program to manage student behavior; and

(3) establish guidelines to identify a student in need

of additional support and to refer a student to in-school or

out-of-school cessation services or treatment.

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

shall annually conduct training for staff employed by the district

or school on the program implemented under this section.

SECTION 4. Sections 37.009(a-1) and (a-2), Education Code,

are amended to read as follows:

(a-1) If a disciplinary alternative education program is at

capacity at the time a campus behavior coordinator is deciding

placement under Subsection (a) for a student who engaged in conduct

described under Section 37.006(a)(2)(D) [ 37.006(a)(2)(C-1), (C-2),

(D), ] or (E), the student shall be:

(1) placed in in-school suspension; and

(2) if a position becomes available in the program

before the expiration of the period of the placement, transferred

to the program for the remainder of the period.

(a-2) If a disciplinary alternative education program is at

capacity at the time a campus behavior coordinator is deciding

placement under Subsection (a) for a student who engaged in conduct

described under Section 37.007 that constitutes violent conduct, as

defined by commissioner rule, a student who has been placed in the

program for conduct described under Section 37.006(a)(2)(D)

[ 37.006(a)(2)(C-1), (C-2), (D), ] or (E):

(1) may be removed from the program and placed in

in-school suspension to make a position in the program available

for the student who engaged in violent conduct; and

(2) if removed from the program under Subdivision (1)

and a position in the program becomes available before the

expiration of the period of the placement, shall be returned to the

program for the remainder of the period.

SECTION 5. Subchapter A, Chapter 38, Education Code, is

amended by adding Section 38.041 to read as follows:

Sec. 38.041. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA

PREVENTION AND AWARENESS EDUCATION. (a) In this section:

(1) "E-cigarette" has the meaning assigned by Section

161.081, Health and Safety Code.

(2) "Marihuana" has the meaning assigned by Section

481.002, Health and Safety Code.

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

shall annually provide instruction relating to the use of

e-cigarettes, tobacco products, and marihuana to students in grades

6 through 12.

(c) The instruction must:

(1) provide age-appropriate, evidence-based drug

education to help prevent or reduce the use of e-cigarettes,

tobacco products, and marihuana by students;

(2) include information and access to support systems,

programs, and services to encourage students to abstain from or

reduce the use of e-cigarettes, tobacco products, and marihuana;

and

(3) be provided by educational, health, or mental

health professionals.

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

shall annually conduct training for staff employed by the district

or school on the instruction provided under this section.

SECTION 6. This Act applies beginning with the 2025-2026

school year.

SECTION 7. 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.