By: Curry H.B. No. 1081       A BILL TO BE ENTITLED   AN ACT   relating to the placement by a school district of a student who   engages in a course of conduct that demonstrates habitually   violent, harmful, or destructive behavior.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.025 to read as follows:          Sec. 37.025.  EDUCATIONAL SETTING FOR STUDENTS WHO ENGAGE IN   COURSE OF CONDUCT DEMONSTRATING HABITUALLY VIOLENT, HARMFUL, OR   DESTRUCTIVE BEHAVIOR. (a)  In this section, "habitually violent,   harmful, or destructive behavior" means a demonstration of   behavior, such as assault, that results in:                (1)  injury or harm to a student or school district   teacher, employee, or other staff member; or                (2)  damage to school district property.          (b)  A school district may:                (1)  for a prescribed period determined by the   district, place a student who engages in a course of conduct   demonstrating habitually violent, harmful, or destructive behavior   in a virtual setting and provide virtual instruction and   instructional materials for remote learning to the student;                (2)  consult with local and state law enforcement   agencies to determine whether a student's course of conduct   described by Subdivision (1) poses a legitimate ongoing threat to   cause:                      (A)  injury or harm to a student or school   district teacher, employee, or other staff member in the general   education setting; or                      (B)  damage to school district property;                (3)  establish certain conditions that a student or a   student's parent or person standing in parental relation to the   student must fulfill to allow a student placed in a virtual setting   to return to an alternative, general, or hybrid educational   setting, including conditions that require:                      (A)  the student or the student's parent or person   standing in parental relation to the student to provide evidence   that the student has undergone a medical or mental health   evaluation; or                      (B)  other reasonable steps designed to help the   district determine whether the student continues to pose a threat   to cause:                            (i)  injury or harm to a student or school   district teacher, employee, or other staff member; or                            (ii)  damage to school district property;   and                (4)  if a student receives special education services   under Subchapter A, Chapter 29, or is receiving accommodations   under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section   794), and has been determined to pose an ongoing threat to the   physical safety of students or school district teachers, employees,   or other staff members or to the destruction of school district   property, require the student's admission, review, and dismissal   committee or team established under Section 504, Rehabilitation Act   of 1973 (29 U.S.C. Section 794), as applicable, to meet to determine   an appropriate educational setting for the student, in accordance   with Section 37.004 and federal law and regulations, to ensure the   student receives a free appropriate public education as required   under the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.).          (c)  If the admission, review, and dismissal committee of a   student who engages in a course of conduct described by Subsection   (b) determines under Subsection (b)(4) that the least restrictive   environment for the student is a remote, therapeutic, or   residential placement, the district is entitled to receive from the   state reimbursement for expenses and appropriate funding for the   provision of services to that student.          (d)  A student placed in virtual instruction under   Subsection (b)(1) shall be counted toward the school district's   enrollment and average daily attendance in the same manner as other   district students.  The commissioner shall adopt rules providing   for a method of taking attendance for students placed in virtual   instruction under Subsection (b)(1).          SECTION 2.  This Act applies beginning with the 2025-2026   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, 2025.