88R3168 MEW-F     By: VanDeaver H.B. No. 1066       A BILL TO BE ENTITLED   AN ACT   relating to a psychological assessment of homicidal risk of a   public school student following the student's expulsion or   placement in a disciplinary alternative education program for   certain conduct.          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.  PSYCHOLOGICAL ASSESSMENT OF HOMICIDAL RISK   REQUIRED FOR CERTAIN STUDENTS TO RETURN TO REGULAR CLASSROOM OR   CAMPUS. (a)  This section applies to a student who was expelled or   placed in a disciplinary alternative education program for:                (1)  engaging in conduct that contains the elements of   the offense of unlawfully carrying weapons under Section 46.02,   Penal Code, or an offense relating to prohibited weapons under   Section 46.05, Penal Code; or                (2)  engaging 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.          (b)  Not later than the seventh day before the proposed date   of the transition of a student described by Subsection (a) to a   regular classroom or campus, the school district shall require the   student to undergo a psychological assessment of homicidal risk.   The assessment must be conducted by a psychologist, and the results   of the assessment must be provided to the district.          (c)  Not later than the third day after the date on which a   school district receives the results of a student's psychological   assessment of homicidal risk under Subsection (b), the campus   behavior coordinator or other appropriate administrator at the   student's assigned campus shall schedule a conference among the   campus behavior coordinator or other appropriate administrator,   the student, the student's parent or person standing in parental   relation to the student, and the psychologist who conducted the   assessment. At the conference, the student is entitled to a written   copy of the results of the student's assessment and an opportunity   to respond to those results. The student may not be returned to a   regular classroom or campus pending the conference.          (d)  Following a conference under Subsection (c), the campus   behavior coordinator or other appropriate administrator shall   determine whether, based on the results of the student's assessment   and information provided at the conference, the student's presence   in a regular classroom or at a regular campus would pose a risk   because the student's presence would:                (1)  threaten the safety of other students or district   employees; or                (2)  be detrimental to the educational process.           (e)  If the campus behavior coordinator or other appropriate   administrator makes a determination that a student's presence in a   regular classroom or at a regular campus would pose a risk under   Subsection (d), the student may not be returned to a regular   classroom or campus.          (f)  If school district policy allows a student to appeal to   the board of trustees or the board's designee a determination of the   campus behavior coordinator or other appropriate administrator   under Subsection (d), the decision of the board or the board's   designee is final and may not be appealed.          (g)  Not later than the 45th day after the date a campus   behavior coordinator or other appropriate administrator makes a   determination described by Subsection (e) regarding a student, the   school district in which the student resides shall require the   student to undergo another psychological assessment of homicidal   risk in accordance with this section.          (h)  A psychological assessment of homicidal risk conducted   under this section shall be provided to a student at no cost to the   student or the student's parent or person standing in parental   relation to the student.          (i)  The commissioner shall adopt rules necessary to   implement this section.          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.