88R3367 JTZ-F     By: Cunningham H.B. No. 2952       A BILL TO BE ENTITLED   AN ACT   relating to procedures for the suspension, expulsion, or placement   in a disciplinary alternative education program or juvenile justice   alternative education program of a public school student enrolled   in a school district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.009, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1),   (a-2), (a-3), (a-4), and (a-5) to read as follows:          (a)  Not later than the third class day after the day on which   a student is removed from class by the teacher under Section   37.002(b) or (d) or by the school principal or other appropriate   administrator under Section 37.001(a)(2) or 37.006, the campus   behavior coordinator or other appropriate administrator shall   schedule a conference among the campus behavior coordinator or   other appropriate administrator, a parent or guardian of the   student or another adult representing the student who is not an   employee of the school district, the teacher removing the student   from class, if any, and the student.  If the school district makes a   good-faith effort to inform the student and the student's parent or   guardian of the time and place of the conference, the district may   hold the conference regardless of whether the student, the   student's parent or guardian, or another adult representing the   student attends.  At the conference, the student is entitled to   written or oral notice of the reasons for the removal, an   explanation of the basis for the removal, all evidence to be   considered in making a determination under this subsection, subject   to Subsection (a-2), and an opportunity to respond to the reasons   for the removal.  The student may not be returned to the regular   classroom pending the conference.  Following the conference, and   whether or not each requested person is in attendance after valid   attempts to require the person's attendance, the campus behavior   coordinator, after consideration of the factors under Section   37.001(a)(4), shall order the placement of the student for a period   consistent with the student code of conduct.  In determining the   student's placement, the campus behavior coordinator must make a   good-faith effort to corroborate and assess the validity of the   evidence considered and may not consider oral statements that are   not reduced to writing or recorded.  Before ordering the   suspension, expulsion, removal to a disciplinary alternative   education program, or placement in a juvenile justice alternative   education program of a student, the behavior coordinator must   consider whether the student acted in self-defense, the intent or   lack of intent at the time the student engaged in the conduct, the   student's disciplinary history, and whether the student has a   disability that substantially impairs the student's capacity to   appreciate the wrongfulness of the student's conduct, regardless of   whether the decision of the behavior coordinator concerns a   mandatory or discretionary action.  If school district policy   allows a student to appeal to the board of trustees or the board's   designee a decision of the campus behavior coordinator or other   appropriate administrator, other than an expulsion under Section   37.007 or except as provided by Subsection (b), the decision of the   board or the board's designee is final and may not be appealed.  If   the period of the placement is inconsistent with the guidelines   included in the student code of conduct under Section 37.001(a)(5),   the order must give notice of the inconsistency.  The period of the   placement may not exceed one year unless, after a review, the   district determines that the student is a threat to the safety of   other students or to district employees.          (a-1)  For purposes of this section, "evidence" means any   tangible material, including written statements, audio or visual   recordings, or information obtained from social media.          (a-2)  Evidence provided to a student, the student's parent   or guardian, or another adult representing the student under   Subsection (a) must be:                (1)  for handwritten statements, provided in a typed   format; and                (2)  redacted as necessary to ensure that information   provided by another student does not reveal the student's identity,   unless the district determines the identifying information is   necessary for the conference under that subsection.          (a-3)  A school district shall maintain the original copy of   any evidence provided in a typed format or redacted under   Subsection (a-2) until the determination under Subsection (a) is   final, including any appeals to the commissioner or a district   court in Travis County under Section 7.057.          (a-4)  The commissioner shall adopt rules as necessary to   implement and enforce Subsections (a), (a-2), and (a-3).          (a-5)  A student may not be placed in a disciplinary   alternative education program for the student's first disciplinary   violation for a school year or for a period longer than three days   unless the student engaged in:                (1)  conduct for which the student is required or   permitted to be placed in a disciplinary alternative education   program under Section 37.0051, 37.0052, 37.006, 37.007, 37.0081, or   37.019 or Subchapter I;                (2)  conduct that constitutes an offense under   Subchapter E, other than Section 37.123, or Subchapter F;                (3)  bullying, as defined by Section 37.0832;                (4)  harassment, as defined by Section 37.001; or                (5)  making a hit list, as defined by Section 37.001.          (b)  If a student's placement in a disciplinary alternative   education program is to extend beyond seven [60] days or the end of   the next grading period, whichever is earlier, the board or the   board's designee must provide the student a hearing at which the   student is afforded due process in the same manner a student is   afforded due process in a hearing under Subsection (f) and to which   the [a] student's parent or guardian is invited, in writing, to   attend.  At the proceeding, the student is entitled to be   represented by the student's parent or guardian or another adult   who can provide guidance to the student and who is not an employee   of the school district.  If the school district makes a good-faith   effort to inform the student and the student's parent or guardian of   the time and place of the hearing, the district may hold the hearing   regardless of whether the student, the student's parent or   guardian, or another adult representing the student attends [notice   of and an opportunity to participate in a proceeding before the   board of trustees of the school district or the board's designee, as   provided by policy of the board of trustees of the district].     Before placing a student in a disciplinary alternative education   program, the board or the board's designee must consider the   circumstances surrounding the student's conduct and the student's   disciplinary history.  If the [Any] decision to place the student in   a disciplinary alternative education program [of the board or the   board's designee] under this subsection is made by the board's   designee, the decision [final and] may [not] be appealed to the   board.  The decision of the board may be appealed by trial de novo to   a district court of the county in which the district's central   administrative office is located.          SECTION 2.  This Act applies beginning with the 2023-2024   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, 2023.