HB 6

H.B. No. 6
  AN ACT
  relating to discipline management and access to telehealth mental
  health services in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.111, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Each charter granted under this subchapter must:
               (1)  describe the educational program to be offered,
  which must include the required curriculum as provided by Section
  28.002;
               (2)  provide that continuation of the charter is
  contingent on the status of the charter as determined under Section
  12.1141 or 12.115 or under Chapter 39A;
               (3)  specify the academic, operational, and financial
  performance expectations by which a school operating under the
  charter will be evaluated, which must include applicable elements
  of the performance frameworks adopted under Section 12.1181;
               (4)  specify:
                     (A)  any basis, in addition to a basis specified
  by this subchapter or Chapter 39A, on which the charter may be
  revoked, renewal of the charter may be denied, or the charter may be
  allowed to expire; and
                     (B)  the standards for evaluation of a school
  operating under the charter for purposes of charter renewal, denial
  of renewal, expiration, revocation, or other intervention in
  accordance with Section 12.1141 or 12.115 or Chapter 39A, as
  applicable;
               (5)  prohibit discrimination in admission policy on the
  basis of sex, national origin, ethnicity, religion, disability,
  academic, artistic, or athletic ability, or the district the child
  would otherwise attend in accordance with this code, although the
  charter may:
                     (A)  provide for the exclusion of a student who:
                           (i)  has engaged in conduct outlined in
  Section 37.006 related to placement in a disciplinary alternative
  education program or a juvenile justice alternative education
  program;
                           (ii)  has engaged in conduct outlined in
  Section 37.007 related to expulsion; or
                           (iii)  has been convicted of a criminal
  offense or has a juvenile court adjudication [has a documented
  history of a criminal offense, a juvenile court adjudication, or
  discipline problems under Subchapter A, Chapter 37]; and
                     (B)  provide for an admission policy that requires
  a student to demonstrate artistic ability if the school specializes
  in performing arts;
               (6)  specify the grade levels to be offered;
               (7)  describe the governing structure of the program,
  including:
                     (A)  the officer positions designated;
                     (B)  the manner in which officers are selected and
  removed from office;
                     (C)  the manner in which members of the governing
  body of the school are selected and removed from office;
                     (D)  the manner in which vacancies on that
  governing body are filled;
                     (E)  the term for which members of that governing
  body serve; and
                     (F)  whether the terms are to be staggered;
               (8)  specify the powers or duties of the governing body
  of the school that the governing body may delegate to an officer;
               (9)  specify the manner in which the school will
  distribute to parents information related to the qualifications of
  each professional employee of the program, including any
  professional or educational degree held by each employee, a
  statement of any certification under Subchapter B, Chapter 21, held
  by each employee, and any relevant experience of each employee;
               (10)  describe the process by which the person
  providing the program will adopt an annual budget;
               (11)  describe the manner in which an annual audit of
  the financial and programmatic operations of the program is to be
  conducted, including the manner in which the person providing the
  program will provide information necessary for the school district
  in which the program is located to participate, as required by this
  code or by commissioner rule, in the Public Education Information
  Management System (PEIMS);
               (12)  describe the facilities to be used;
               (13)  describe the geographical area served by the
  program;
               (14)  specify any type of enrollment criteria to be
  used;
               (15)  provide information, as determined by the
  commissioner, relating to any management company that will provide
  management services to a school operating under the charter; and
               (16)  specify that the governing body of an
  open-enrollment charter school accepts and may not delegate
  ultimate responsibility for the school, including the school's
  academic performance and financial and operational viability, and
  is responsible for overseeing any management company providing
  management services for the school and for holding the management
  company accountable for the school's performance.
         (a-1)  Notwithstanding Subsection (a)(5), a charter granted
  under this subchapter may provide for the exclusion of a student
  from an open-enrollment charter school campus that includes a
  child-care facility based on the student's conviction for a
  criminal offense that would preclude the student from being
  admitted to a school district campus that includes a child-care
  facility.
         SECTION 2.  Section 12A.004(a), Education Code, is amended
  to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  state curriculum and graduation requirements
  adopted under Chapter 28;
               (4)  Chapter 37; and
               (5) [(4)]  academic and financial accountability and
  sanctions under Chapters 39 and 39A.
         SECTION 3.  Subchapter B, Chapter 22, Education Code, is
  amended by adding Section 22.05121 to read as follows:
         Sec. 22.05121.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
  ACTIONS RELATED TO DISCIPLINE AND LAW AND ORDER.  (a)  In this
  section, "disciplinary proceeding" means:
               (1)  an action brought by the school district employing
  a professional employee of a school district to discharge or
  suspend the employee or terminate or not renew the employee's term
  contract; or
               (2)  an action or proceeding brought by the State Board
  for Educator Certification.
         (b)  A professional employee of a school district may not be
  subject to disciplinary proceedings for:
               (1)  the reporting of a violation of Chapter 37 to
  another professional employee of a school district, the agency, or
  a law enforcement agency; or
               (2)  an action taken in good faith to remove a student
  from class under Section 37.002.
         (c)  The immunity provided by Subsection (b) is in addition
  to any other immunity provided by law.  This section may not be
  construed to interfere with any other immunity provided by law.
         SECTION 4.  Section 29.041(3), Education Code, is amended to
  read as follows:
               (3)  "Supplemental special education services" means
  an additive service that provides an educational benefit to a
  student receiving special education services under Subchapter A,
  including:
                     (A)  occupational therapy, physical therapy, and
  speech therapy; [and]
                     (B)  private tutoring and other supplemental
  private instruction or programs; and
                     (C)  crisis prevention and intervention training
  for the student's parent or person standing in parental relation to
  the student.
         SECTION 5.  Sections 37.001(a) and (b-1), Education Code,
  are amended to read as follows:
         (a)  The board of trustees of an independent school district
  shall, with the advice of its district-level committee established
  under Subchapter F, Chapter 11, adopt a student code of conduct for
  the district. The student code of conduct must be posted and
  prominently displayed at each school campus or made available for
  review at the office of the campus principal.  In addition to
  establishing standards for student conduct, the student code of
  conduct must:
               (1)  specify the circumstances, in accordance with this
  subchapter, under which a student may be removed from a classroom,
  campus, disciplinary alternative education program, or vehicle
  owned or operated by the district;
               (2)  specify conditions that authorize or require a
  principal or other appropriate administrator to transfer a student
  to a disciplinary alternative education program, which must
  expressly provide that an appropriate administrator may place a
  student in a disciplinary alternative education program for the
  first-time offense of possession or use of a nicotine delivery
  product or e-cigarette, as defined by Section 161.081, Health and
  Safety Code;
               (3)  outline conditions under which a student may be
  suspended as provided by Section 37.005 or expelled as provided by
  Section 37.007;
               (4)  specify that consideration will be given, as a
  factor in each decision concerning suspension, removal to a
  disciplinary alternative education program, expulsion, or
  placement in a juvenile justice alternative education program,
  regardless of whether the decision concerns a mandatory or
  discretionary action, to:
                     (A)  self-defense;
                     (B)  intent or lack of intent at the time the
  student engaged in the conduct;
                     (C)  a student's disciplinary history;
                     (D)  a disability that substantially impairs the
  student's capacity to appreciate the wrongfulness of the student's
  conduct;
                     (E)  a student's status in the conservatorship of
  the Department of Family and Protective Services; or
                     (F)  a student's status as a student who is
  homeless;
               (5)  provide guidelines for setting the length of a
  term of:
                     (A)  a removal under Section 37.006; and
                     (B)  an expulsion under Section 37.007;
               (6)  address the notification of a student's parent or
  guardian of a violation of the student code of conduct committed by
  the student that results in suspension, removal to a disciplinary
  alternative education program, or expulsion;
               (7)  prohibit bullying, harassment, and making hit
  lists and ensure that district employees enforce those
  prohibitions;
               (8)  provide, as appropriate for students at each grade
  level, methods, including options, for:
                     (A)  managing students in the classroom, on school
  grounds, and on a vehicle owned or operated by the district;
                     (B)  disciplining students; and
                     (C)  preventing and intervening in student
  discipline problems, including bullying, harassment, and making
  hit lists; [and]
               (9)  include an explanation of the provisions regarding
  refusal of entry to or ejection from district property under
  Section 37.105, including the appeal process established under
  Section 37.105(h); and
               (10)  include a statement regarding whether the board
  has adopted a policy for parental involvement in school
  disciplinary placements under Section 37.0014 and, if so, the
  provisions of the policy.
         (b-1)  The methods adopted under Subsection (a)(8) must
  provide that a student who is enrolled in a special education
  program under Subchapter A, Chapter 29, may not be disciplined in a
  manner that results in a change in the student's educational
  placement for conduct prohibited in accordance with Subsection
  (a)(7) until an admission, review, and dismissal committee meeting
  has been held to review the conduct.
         SECTION 6.  Section 37.0012, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (b-1) to
  read as follows:
         (a)  A single person at each campus must be designated to
  serve as the campus behavior coordinator.  The person designated
  may be the principal of the campus or any other campus administrator
  selected by the principal.
         (a-1)  Additional school staff members may assist the campus
  behavior coordinator in the performance of the campus behavior
  coordinator's duties, provided that the campus behavior
  coordinator personally verifies that all aspects of this subchapter
  are appropriately implemented.
         (b-1)  The campus behavior coordinator shall:
               (1)  monitor disciplinary referrals;
               (2)  report to the campus's threat assessment and safe
  and supportive school team established under Section 37.115 any
  student who engages in conduct that contains the elements of:
                     (A)  the offense of terroristic threat under
  Section 22.07, Penal Code;
                     (B)  the offense of unlawfully carrying weapons
  under Section 46.02, Penal Code;
                     (C)  an offense relating to prohibited weapons
  under Section 46.05, Penal Code; or
                     (D)  the offense of exhibiting, using, or
  threatening to exhibit or use a firearm under Section 37.125 of this
  code; and
               (3)  report to the campus's threat assessment and safe
  and supportive school team established under Section 37.115 any
  concerning student behaviors or behavioral trends that may pose a
  serious risk of violence to the student or others.
         SECTION 7.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0014 to read as follows:
         Sec. 37.0014.  POLICY FOR PARENTAL INVOLVEMENT IN SCHOOL
  DISCIPLINARY PLACEMENTS.  (a)  The board of trustees of a school
  district may adopt a policy for parental involvement in school
  disciplinary placements.
         (b)  A policy adopted under this section must provide for:
               (1)  the principal, campus behavior coordinator, or
  other appropriate administrator to notify the parent of or person
  standing in parental relation to a student who has been placed in a
  disciplinary alternative education program or expelled of the
  parent's or person's right to request a behavioral agreement that
  specifies the responsibilities of the parent or person and student
  to be developed; and
               (2)  if a behavioral agreement described by Subdivision
  (1) is developed and the student and the student's parent or person
  standing in parental relation comply with the terms of the
  agreement, subject to Subsection (c), a reduction in the period of
  the disciplinary placement imposed on the student.
         (c)  A reduction in the period of a disciplinary placement
  under Subsection (b)(2) does not entitle the student for whom the
  period of placement was reduced to a different disciplinary
  placement.  The reduction in the period of a disciplinary placement
  is at the sole discretion of the principal, campus behavior
  coordinator, or other appropriate administrator and may be revoked
  or amended at any time if the student or the student's parent or
  person standing in parental relation does not comply with the terms
  of the behavioral agreement developed under Subsection (b)(1).
         (d)  A behavioral agreement developed under Subsection
  (b)(1) must include in writing the specific reduction in the period
  of the student's disciplinary placement with which the student will
  be credited if the student and the student's parent or person
  standing in parental relation comply with the terms of the
  behavioral agreement.
         (e)  The commissioner shall adopt a model behavioral
  agreement for use by school districts in developing a behavioral
  agreement under Subsection (b)(1).
         SECTION 8.  Section 37.002, Education Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections
  (b-2), (b-3), (c-1), (c-2), (f), (f-1), and (g) to read as follows:
         (b)  A teacher may remove from class a student who:
               (1)  repeatedly interferes [who has been documented by
  the teacher to repeatedly interfere] with the teacher's ability to
  communicate effectively with the students in the class or with the
  ability of the student's classmates to learn; [or]
               (2)  demonstrates [whose] behavior that is unruly,
  disruptive, or abusive toward the teacher, another adult, or
  another student; or
               (3)  engages in conduct that constitutes bullying, as
  defined by Section 37.0832 [determines is so unruly, disruptive, or
  abusive that it seriously interferes with the teacher's ability to
  communicate effectively with the students in the class or with the
  ability of the student's classmates to learn].
         (b-2)  A teacher, campus behavior coordinator, or other
  appropriate administrator shall notify a parent or person standing
  in parental relation to a student of the removal of a student under
  this section.
         (b-3)  Subject to Sections 28.0022(a)(2) and (d), a teacher
  may remove a student from class under Subsection (b) of this section
  based on a single incident of behavior described by Subsection
  (b)(1), (2), or (3).
         (c)  If a teacher removes a student from class under
  Subsection (b), the principal may place the student into another
  appropriate classroom, into in-school suspension, or into a
  disciplinary alternative education program as provided by Section
  37.008.  The principal may not return the student to that teacher's
  class without the teacher's written consent unless the committee
  established under Section 37.003 determines that such placement is
  the best or only alternative available and, not later than the third
  class day after the day on which the student was removed from class,
  a conference in which the teacher has been provided an opportunity
  to participate has been held in accordance with Section 37.009(a).
  The principal may not return the student to that teacher's class
  unless the teacher provides written consent for the student's
  return or a return to class plan has been prepared for that student.
  The principal may only designate an employee of the school whose
  primary duties do not include classroom instruction to create a
  return to class plan.  The terms of the removal may prohibit the
  student from attending or participating in school-sponsored or
  school-related activity.
         (c-1)  A return to class plan required under Subsection (c)
  must be created before or at the conference described by that
  subsection.  A plan created before the conference must be discussed
  at the conference.
         (c-2)  The commissioner shall adopt a model return to class
  plan for use by a school district in creating a return to class plan
  for a student under Subsection (c).
         (d)  A teacher shall remove from class and send to the
  principal for placement in a disciplinary alternative education
  program or for expulsion, as appropriate, a student who engages in
  conduct described under Section 37.006 or 37.007.  The student may
  not be returned to that teacher's class without the teacher's
  written consent unless the committee established under Section
  37.003 determines that such placement is the best or only
  alternative available and a conference in which the teacher has
  been provided an opportunity to participate has been held in
  accordance with Section 37.009(a).  If the teacher removed the
  student from class because the student has engaged in the elements
  of any offense listed in [Section 37.006(a)(2)(B) or] Section
  37.007(a)(2)(A) or (a)(4) [(b)(2)(C)] against the teacher, the
  student may not be returned to the teacher's class without the
  teacher's written consent.  The teacher may not be coerced to
  consent.
         (f)  A student may appeal the student's removal from class
  under this section to:
               (1)  the school's placement review committee
  established under Section 37.003; or
               (2)  the campus's threat assessment and safe and
  supportive school team established under Section 37.115, in
  accordance with a district policy providing for such an appeal to be
  made to the team.
         (f-1)  The principal, campus behavior coordinator, or other
  appropriate administrator shall, at the conference required under
  Section 37.009(a), notify a student who has been removed from class
  under this section and the parent of or person standing in parental
  relation to the student of the student's right to appeal under
  Subsection (f).
         (g)  Section 37.004 applies to the removal or placement under
  this section of a student with a disability who receives special
  education services.
         SECTION 9.  Section 37.005, Education Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsections
  (b-1), (b-2), and (c-2) 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.
         (b-1)  A school's principal or other appropriate
  administrator shall review the in-school suspension of a student
  under this section at least once every 10 school days after the date
  the suspension begins to evaluate the educational progress of the
  student and to determine if continued in-school suspension is
  appropriate.  If the principal or other appropriate administrator
  determines that continued in-school suspension is appropriate, the
  principal or other appropriate administrator shall document the
  determination.
         (b-2)  A school shall provide a student subject to an
  in-school suspension under this section with appropriate
  behavioral support services and comparable educational services as
  the student would receive in the classroom. If the student receives
  special education services under Subchapter A, Chapter 29, the
  student must:
               (1)  continue to receive special education and related
  services specified in the student's individualized education
  program; and
               (2)  continue to have an opportunity to progress in the
  general curriculum.
         (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)  documented 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.
         (c-2)  On receiving a written request from the student's
  parent or person standing in parental relation to the student, the
  principal or other appropriate administrator may at the principal's
  or other appropriate administrator's sole discretion reassign a
  student placed in out-of-school suspension under Subsection (c) to
  an in-school suspension if the student's parent or person standing
  in parental relation to the student demonstrates through supporting
  information and documentation that the parent or person is unable
  to provide suitable supervision for the student during school hours
  during the period of the suspension.  The alternative placement
  provided by this section may be used only in extenuating
  circumstances and may not be used as a routine replacement for
  out-of-school suspension.  The school district shall maintain
  documentation of each reassignment under this subsection,
  including the parent's or person's request, the reason for the
  parent's or person's unavailability, and the supporting information
  and documentation.
         (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 10.  Section 37.006, Education Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsection
  (d-1) 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)  except as provided by Section 37.007(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)  except as provided by Section 37.007(a)(3),
  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.
         (b)  A [Except as provided by Section 37.007(d), a] student
  shall be removed from class and placed in a disciplinary
  alternative education program under Section 37.008 if the student
  engages in conduct on or off of school property against any school
  employee or volunteer as defined by Section 22.053 that contains
  the elements of the offense of:
               (1)  retaliation under Section 36.06, Penal Code; or
               (2)  harassment under Section 42.07, Penal Code[,
  against any school employee].
         (c)  In addition to Subsections (a) and (b), a student shall
  be removed from class and placed in a disciplinary alternative
  education program under Section 37.008 based on conduct occurring
  off campus and while the student is not in attendance at a
  school-sponsored or school-related activity if:
               (1)  the student receives deferred prosecution under
  Section 53.03, Family Code, for conduct defined as any of the
  following offenses under the Penal Code:
                     (A)  a felony offense under [in] Title 5[, Penal
  Code]; [or]
                     (B)  the offense of deadly conduct under Section
  22.05;
                     (C)  the felony offense of aggravated robbery
  under Section 29.03[, Penal Code];
                     (D)  the offense of disorderly conduct involving a
  firearm under Section 42.01(a)(7) or (8); or
                     (E)  the offense of unlawfully carrying weapons
  under Section 46.02, except for an offense punishable as a Class C
  misdemeanor under that section;
               (2)  a court or jury finds that the student has engaged
  in delinquent conduct under Section 54.03, Family Code, for conduct
  defined as an offense listed in Subdivision (1)[:
                     [(A)  a felony offense in Title 5, Penal Code; or
                     [(B)  the felony offense of aggravated robbery
  under Section 29.03, Penal Code]; or
               (3)  the superintendent or the superintendent's
  designee has a reasonable belief that the student has engaged in a
  conduct defined as an offense listed in Subdivision (1)[:
                     [(A)  a felony offense in Title 5, Penal Code; or
                     [(B)  the felony offense of aggravated robbery
  under Section 29.03, Penal Code].
         (d)  In addition to Subsections (a), (b), and (c), a student
  may be removed from class and placed in a disciplinary alternative
  education program under Section 37.008:
               (1)  if the student:
                     (A)  engages in conduct that contains the elements
  of the offense of disruptive activities under Section 37.123;
                     (B)  subject to Subsection (d-1), engages in
  conduct that contains the elements of the offense of disruption of
  classes under Section 37.124, unless Subsection (d) of that section
  applies to the student; or
                     (C)  possesses or uses an e-cigarette, as defined
  by Section 161.081, Health and Safety Code, except that if  a
  student who possesses or uses an e-cigarette is not placed in a
  disciplinary alternative education program for the first-time
  offense under Section 37.008, the student shall be placed in
  in-school suspension for a period of at least 10 school days; or
               (2)  based on conduct occurring off campus and while
  the student is not in attendance at a school-sponsored or
  school-related activity if:
                     (A) [(1)]  the superintendent or the
  superintendent's designee has a reasonable belief that the student
  has engaged in conduct defined as a felony offense other than
  aggravated robbery under Section 29.03, Penal Code, or those
  offenses defined in Title 5, Penal Code; and
                     (B) [(2)]  the continued presence of the student
  in the regular classroom threatens the safety of other students or
  teachers or will be detrimental to the educational process.
         (d-1)  A student may be removed from class under Subsection
  (d)(1)(B) for conduct described by Section 37.124(c)(1)(A) only if
  the conduct is intentional and repeated.
         SECTION 11.  Sections 37.007(a) and (b), Education Code, are
  amended to read as follows:
         (a)  Except as provided by Subsection (k) and subject to the
  requirements of Section 37.009(a), a student shall be expelled from
  a school if the student, [on school property or while attending a
  school-sponsored or school-related activity] on or off of school
  property:
               (1)  engages in conduct that contains the elements of
  the offense of unlawfully carrying weapons under Section 46.02,
  Penal Code, or elements of an offense relating to prohibited
  weapons under Section 46.05, Penal Code;
               (2)  engages in conduct that contains the elements of
  the offense of:
                     (A)  aggravated assault under Section 22.02,
  Penal Code, sexual assault under Section 22.011, Penal Code, or
  aggravated sexual assault under Section 22.021, Penal Code;
                     (B)  arson under Section 28.02, Penal Code;
                     (C)  murder under Section 19.02, Penal Code,
  capital murder under Section 19.03, Penal Code, or criminal
  attempt, under Section 15.01, Penal Code, to commit murder or
  capital murder;
                     (D)  indecency with a child under Section 21.11,
  Penal Code;
                     (E)  kidnapping under Section 20.03, Penal Code,
  or aggravated kidnapping under Section 20.04, Penal Code;
                     (F)  burglary under Section 30.02, Penal Code,
  robbery under Section 29.02, Penal Code, or aggravated robbery
  under Section 29.03, Penal Code;
                     (G)  manslaughter under Section 19.04, Penal
  Code;
                     (H)  criminally negligent homicide under Section
  19.05, Penal Code; or
                     (I)  continuous sexual abuse of young child or
  disabled individual under Section 21.02, Penal Code; [or]
               (3)  engages in conduct specified by Section
  37.006(a)(2)(C), if the conduct is punishable as a felony;
               (4)  engages in conduct that contains the elements of
  the offense of assault under Section 22.01(a)(1), Penal Code,
  against a school district employee or volunteer as defined by
  Section 22.053 of this code; or
               (5)  engages in conduct that contains the elements of
  the offense of exhibiting, using, or threatening to exhibit or use a
  firearm under Section 37.125 of this code.
         (b)  A student may be expelled 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;
               (2)  while 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)  except as provided by Subsection (a)(3),
  sells, gives, or delivers to another person or possesses, uses, or
  is under the influence of any amount of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                           (iii)  an alcoholic beverage, as defined by
  Section 1.04, Alcoholic Beverage Code;
                     (B)  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; or
                     (C)  [engages in conduct that contains the
  elements of an offense under Section 22.01(a)(1), Penal Code,
  against a school district employee or a volunteer as defined by
  Section 22.053; or
                     [(D)]  engages in conduct that contains the
  elements of the offense of deadly conduct under Section 22.05,
  Penal Code;
               (3)  [subject to Subsection (d),] while within 300 feet
  of school property, as measured from any point on the school's real
  property boundary line, [:
                     [(A)  engages in conduct specified by Subsection
  (a); or
                     [(B)]  possesses a firearm, as defined by 18
  U.S.C. Section 921;
               [(4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(A) or (C) or the offense of
  aggravated robbery under Section 29.03, Penal Code, against another
  student, without regard to whether the conduct occurs on or off of
  school property or while attending a school-sponsored or
  school-related activity on or off of school property;] or
               (4) [(5)]  engages in conduct that contains the
  elements of the offense of breach of computer security under
  Section 33.02, Penal Code, if:
                     (A)  the conduct involves accessing a computer,
  computer network, or computer system owned by or operated on behalf
  of a school district; and
                     (B)  the student knowingly:
                           (i)  alters, damages, or deletes school
  district property or information; or
                           (ii)  commits a breach of any other
  computer, computer network, or computer system.
         SECTION 12.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0083 to read as follows:
         Sec. 37.0083.  VIRTUAL EXPULSION PROGRAM.  (a)  The
  principal or other appropriate administrator may place a student
  who has been expelled under Section 37.007 or 37.0081 in a virtual
  expulsion program established by the district and provide virtual
  instruction and instructional materials for remote learning to the
  student only if:
               (1)  the school district is located in a county that
  operates a juvenile justice alternative education program or the
  school district contracts with the juvenile board of another county
  for the provision of a juvenile justice alternative education
  program, and the juvenile justice alternative education program
  rejects admission of the student or returns the student before the
  expiration of the discipline assignment; or
               (2)  the school district is not located in a county that
  operates a juvenile justice alternative education program and does
  not contract with the juvenile board of another county for the
  provision of a juvenile justice alternative education program.
         (a-1)  If the principal or other appropriate administrator
  places a student in a virtual expulsion program under this section,
  the school district shall ensure that the student has suitable
  computer equipment and Internet access and provide the computer
  equipment and Internet access if necessary.
         (b)  A school district must ensure that, to the extent
  practicable in a virtual setting, the district's virtual expulsion
  program complies with the requirements for a disciplinary
  alternative education program under Section 37.008.
         (c)  The principal or other appropriate administrator shall
  review the placement of a student in a virtual expulsion program
  under this section at least once every 45 school days after the date
  the placement begins to determine if continued placement in the
  program is appropriate.  The review must consider whether a
  position for the grade level in which the student is enrolled has
  become available in an in-person setting under Subsection (a)(1).
  If the principal or other appropriate administrator determines that
  such a position has become available, the school district shall
  plan for the student's transition to an in-person setting as soon as
  practicable.  If the principal or other appropriate administrator
  determines that continued placement is appropriate, the principal
  or other appropriate administrator shall document the
  determination.
         (d)  A student placed in a virtual expulsion program shall be
  counted toward the district's average daily attendance for purposes
  of receipt of state funds under the Foundation School Program if the
  district can confirm the student's daily attendance in the virtual
  expulsion program.
         (e)  A school district may not require a teacher who provides
  virtual instruction to students in a virtual expulsion program to
  provide virtual instruction and in-class instruction for a course
  during the same class period.
         (f)  A teacher may not provide instruction for a virtual
  expulsion program course unless the teacher has completed a
  professional development course on virtual instruction.
         (g)  The commissioner shall adopt rules as necessary to
  implement this section, including rules providing for a method of
  taking attendance for students placed in a virtual expulsion
  program and rules requiring school districts to provide basic
  professional development training for teachers providing
  instruction in a virtual expulsion  program.
         SECTION 13.  Section 37.009, Education Code, is amended by
  adding Subsection (f-1) to read as follows:
         (f-1)  The board or the board's designee may order the
  placement of a student expelled under Section 37.007 in an
  alternative education program as provided by Section 37.0083.
         SECTION 14.  Sections 37.011(b), (h), and (k), Education
  Code, are amended to read as follows:
         (b)  If a student admitted into the public schools of a
  school district under Section 25.001(b) is expelled from school for
  conduct for which expulsion is required under Section 37.007(a)[,
  (d),] or (e), or for conduct that contains the elements of the
  offense of terroristic threat as described by Section 22.07(c-1),
  (d), or (e), Penal Code, the juvenile court, the juvenile board, or
  the juvenile board's designee, as appropriate, shall:
               (1)  if the student is placed on probation under
  Section 54.04, Family Code, order the student to attend the
  juvenile justice alternative education program in the county in
  which the student resides from the date of disposition as a
  condition of probation, unless the child is placed in a
  post-adjudication treatment facility;
               (2)  if the student is placed on deferred prosecution
  under Section 53.03, Family Code, by the court, prosecutor, or
  probation department, require the student to immediately attend the
  juvenile justice alternative education program in the county in
  which the student resides for a period not to exceed six months as a
  condition of the deferred prosecution;
               (3)  in determining the conditions of the deferred
  prosecution or court-ordered probation, consider the length of the
  school district's expulsion order for the student; and
               (4)  provide timely educational services to the student
  in the juvenile justice alternative education program in the county
  in which the student resides, regardless of the student's age or
  whether the juvenile court has jurisdiction over the student.
         (h)  Academically, the mission of juvenile justice
  alternative education programs shall be to enable students to
  perform at grade level.  For purposes of accountability under
  Chapters 39 and 39A, a student enrolled in a juvenile justice
  alternative education program is reported as if the student were
  enrolled at the student's assigned campus in the student's
  regularly assigned education program, including a special
  education program.  Annually the Texas Juvenile Justice
  Department, with the agreement of the commissioner, shall develop
  and implement a system of accountability consistent with Chapters
  39 and 39A, where appropriate, to assure that students make
  progress toward grade level while attending a juvenile justice
  alternative education program.  The department shall adopt rules
  for the distribution of funds appropriated under this section to
  juvenile boards in counties required to establish juvenile justice
  alternative education programs.  Except as determined by the
  commissioner, a student served by a juvenile justice alternative
  education program on the basis of an expulsion required under
  Section 37.007(a)[, (d),] or (e) is not eligible for Foundation
  School Program funding under Chapter 31 or 48 if the juvenile
  justice alternative education program receives funding from the
  department under this subchapter.
         (k)  Each school district in a county with a population
  greater than 125,000 and the county juvenile board shall annually
  enter into a joint memorandum of understanding that:
               (1)  outlines the responsibilities of the juvenile
  board concerning the establishment and operation of a juvenile
  justice alternative education program under this section;
               (2)  defines the amount and conditions on payments from
  the school district to the juvenile board for students of the school
  district served in the juvenile justice alternative education
  program whose placement was not made on the basis of an expulsion
  required under Section 37.007(a)[, (d),] or (e);
               (3)  establishes that a student may be placed in the
  juvenile justice alternative education program if the student
  engages in serious misbehavior, as defined by Section 37.007(c);
               (4)  identifies and requires a timely placement and
  specifies a term of placement for expelled students for whom the
  school district has received a notice under Section 52.041(d),
  Family Code;
               (5)  establishes services for the transitioning of
  expelled students to the school district prior to the completion of
  the student's placement in the juvenile justice alternative
  education program;
               (6)  establishes a plan that provides transportation
  services for students placed in the juvenile justice alternative
  education program;
               (7)  establishes the circumstances and conditions
  under which a juvenile may be allowed to remain in the juvenile
  justice alternative education program setting once the juvenile is
  no longer under juvenile court jurisdiction; and
               (8)  establishes a plan to address special education
  services required by law.
         SECTION 15.  Section 37.015(a), Education Code, is amended
  to read as follows:
         (a)  The principal of a public or private primary or
  secondary school, or a person designated by the principal under
  Subsection (d), shall notify any school district police department
  and the police department of the municipality in which the school is
  located or, if the school is not in a municipality, the sheriff of
  the county in which the school is located if the principal has
  reasonable grounds to believe that any of the following activities
  occur in school, on school property, or at a school-sponsored or
  school-related activity on or off school property, whether or not
  the activity is investigated by school security officers:
               (1)  conduct that may constitute an offense listed
  under Section 508.149, Government Code;
               (2)  deadly conduct under Section 22.05, Penal Code;
               (3)  a terroristic threat under Section 22.07, Penal
  Code;
               (4)  the use, sale, or possession of a controlled
  substance, drug paraphernalia, or marihuana under Chapter 481,
  Health and Safety Code;
               (5)  the possession of any of the weapons or devices
  listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
  Code;
               (6)  conduct that may constitute a criminal offense
  under Section 71.02, Penal Code; or
               (7)  conduct that may constitute a criminal offense for
  which a student may be expelled under Section 37.007(a)[, (d),] or
  (e).
         SECTION 16.  Section 37.019, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  The principal or principal's designee may order the
  emergency placement or expulsion of a student under this section
  based on a single incident of behavior by the student.
         SECTION 17.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.028 to read as follows:
         Sec. 37.028.  PENALTIES FOR IMPOSITION OF DISCIPLINARY
  MEASURES PROHIBITED.  (a)  The agency may not withhold any state
  funding or impose a penalty on a school district based on the number
  of students in the district that have been removed from a classroom,
  placed into in-school or out-of-school suspension, placed in a
  disciplinary alternative education program or a juvenile justice
  alternative education program, or expelled.
         (b)  This section may not be construed to limit the agency
  from taking any action to enforce requirements under federal law
  related to a determination of significant disproportionality based
  on the race and ethnicity of students with disabilities.
         SECTION 18.  Section 37.115, Education Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  The superintendent of the district shall ensure, to the
  greatest extent practicable,  that the members appointed to each
  team have expertise in counseling, behavior management, mental
  health and substance use, classroom instruction, special
  education, school administration, school safety and security,
  emergency management, and law enforcement.  A team may serve more
  than one campus of a school district, provided that:
               (1)  each district campus is assigned a team; and
               (2)  in serving a particular campus, the team includes
  the person designated to serve as the campus behavior coordinator
  under Section 37.0012 for that campus.
         (d-1)  Notwithstanding Subsection (d), if a student in a
  special education program under Subchapter A, Chapter 29, is the
  subject of a threat assessment under Subsection (f), the team
  conducting the assessment must include a person who has knowledge
  of student disabilities and how student disabilities manifest and
  may include:
               (1)  an educational diagnostician;
               (2)  a behavior specialist;
               (3)  a special education teacher assigned to the
  student;
               (4)  a licensed behavior analyst;
               (5)  a licensed clinical or licensed master social
  worker; or
               (6)  a licensed specialist in school psychology.
         SECTION 19.  Subchapter F, Chapter 38, Education Code, is
  amended by adding Section 38.2545 to read as follows:
         Sec. 38.2545.  TEXAS CHILD HEALTH ACCESS THROUGH
  TELEMEDICINE.  (a)  In this section:
               (1)  "Consortium" means the Texas Child Mental Health
  Care Consortium established under Chapter 113, Health and Safety
  Code.
               (2)  "Program" means the Texas Child Health Access
  through Telemedicine program operated by the consortium.
         (b)  If the consortium makes available mental health
  services to a school district through the program, the district may
  offer to each student enrolled in the district access to those
  mental health services.
         (c)  A school district may not:
               (1)  refer to the program a student who is younger than
  18 years of age unless the district obtains consent from the parent
  or legal guardian of the student;
               (2)  require a student to participate in any service
  provided under Subsection (b); or
               (3)  allow a student who is younger than 18 years of age
  to participate in any component of the program that involves mental
  health education or screening unless the program has obtained
  signed written consent from the student's parent or legal guardian.
         (d)  The program must obtain written consent from the parent
  or legal guardian of a student as required by Section 113.0152,
  Health and Safety Code, before providing to the student a mental
  health service under this section.
         (e)  The Texas Child Health Access through Telemedicine
  program is not considered a "school official with a legitimate
  educational interest" for purposes of the Family Educational Rights
  and Privacy Act of 1974 (20 U.S.C. Section 1232g).  A school
  district may not share records relating to a student with the
  program unless the district obtains written consent from the
  student, or the parent or legal guardian of the student, if the
  student is younger than 18 years of age.
         (f)  The program shall maintain, provide to each school
  district at which the program is available, and post quarterly on
  the consortium's Internet website:
               (1)  a list of health providers to which the program
  refers participants; and
               (2)  the process used by the program in vetting
  providers described by Subdivision (1).
         SECTION 20.  Section 113.0251, Health and Safety Code, is
  amended to read as follows:
         Sec. 113.0251.  BIENNIAL REPORT.  Not later than December 1
  of each even-numbered year, the consortium shall prepare and submit
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, and the standing committee of each house of the
  legislature with primary jurisdiction over behavioral health
  issues and post on its Internet website a written report that
  outlines:
               (1)  the activities and objectives of the consortium;
               (2)  the health-related institutions of higher
  education listed in Section 113.0052(1) that receive funding by the
  executive committee;
               (3)  during the preceding two years, the percentage of
  participants in the Texas Child Health Access through Telemedicine
  program operated by the consortium:
                     (A)  who were prescribed a psychotropic drug by
  the consortium;
                     (B)  who were referred to a health provider for
  further mental health services;
                     (C)  who completed program treatment goals; and
                     (D)  who were provided information on consortium
  research programs on the participant's discharge from the program;
               (4)  during the preceding two years, the percentage of
  potential participants:
                     (A)  for whom a parent or legal guardian declined
  to give informed consent to participate in the program; and
                     (B)  who were referred to but not enrolled in the
  program because the potential participant needed more emergent
  care; and
               (5) [(3)]  any legislative recommendations based on
  the activities and objectives described by Subdivision (1).
         SECTION 21.  Sections 37.007(d) and (i), Education Code, are
  repealed.
         SECTION 22.  (a)  Not later than the first day of the
  2025-2026 school year, the Texas Education Agency shall prepare and
  provide to each school district a report identifying each law
  relating to school discipline that was amended or added by the 89th
  Legislature, Regular Session, 2025.
         (b)  A school district shall provide to each student and the
  parent of or person standing in parental relation to the student the
  report prepared under Subsection (a) of this section.
         SECTION 23.  Section 12A.004(a), Education Code, as amended
  by this Act, applies to a local innovation plan adopted or renewed
  before, on, or after the effective date of this Act.
         SECTION 24.  Section 22.05121, Education Code, as added by
  this Act, applies to a disciplinary proceeding for conduct that
  occurs before, on, or after the effective date of this Act, except
  that a disciplinary proceeding finally resolved before the
  effective date of this Act is unaffected by this Act.
         SECTION 25.  Notwithstanding Sections 38.2545(c)(2), (d),
  and (e), Education Code, as added by this Act, a school district
  must comply with the requirements of those provisions and update
  consent forms and documents as necessary for compliance as soon as
  practicable after the effective date of this Act but not later than
  December 1, 2025.
         SECTION 26.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 27.  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.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 6 was passed by the House on April 16,
  2025, by the following vote:  Yeas 124, Nays 20, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 6 on May 28, 2025, by the following vote:  Yeas 114, Nays 19, 1
  present, not voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 6 was passed by the Senate, with
  amendments, on May 22, 2025, by the following vote:  Yeas 29, Nays
  2.
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
           __________________
                Governor