bill removing the time limit on in-school suspensions

The text as introduced · 478 words

89R9610 BCH-D

By: Middleton
S.B. No. 1523

A BILL TO BE ENTITLED

AN ACT

relating to the discipline of certain public school students.

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

SECTION 1. Sections 37.005(a), (b), (c), and (d), Education

Code, are amended to read as follows:

(a) The principal or other appropriate administrator may

suspend a student who engages in conduct identified in the student

code of conduct adopted under Section 37.001 as conduct for which a

student may be subject to an in-school or out-of-school suspension

[ suspended ].

(b) An out-of-school [ A ] suspension under this section may

not exceed three school days. An in-school suspension under this

section is not subject to any time limit.

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

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 threatens the immediate health and

safety of other students in the classroom;

(3) conduct that results in repeated or significant

disruption to the classroom [ contains the elements of a violent

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

or

(4) [ (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) 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 conduct described by Subsections

(c)(1)-(4) [ (c)(1)-(3) ] while on school property or while attending

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

property. 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.

SECTION 2. Section 37.001(b-1), Education Code, is

repealed.

SECTION 3. Section 37.005, Education Code, as amended by

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.