By: Perry, Creighton, Sparks	S.B. No. 1871
	(In the Senate - Filed March 4, 2025; March 17, 2025, read
	first time and referred to Committee on Education K-16;
	April 7, 2025, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 10, Nays 0; April 7, 2025,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 1871	By:  Bettencourt

	A BILL TO BE ENTITLED
	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 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 2.  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 3.  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 4.  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), 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 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.
	(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 5.  Section 37.005, Education Code, is amended by
	amending Subsections (a), (b), (c), and (d) and adding Subsection
	(b-1) 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 placement review committee shall review
	the in-school suspension of a student under this section at least
	once every fifteen 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
	placement review committee determines that continued in-school
	suspension is appropriate, the committee shall document the
	determination.
	(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 6.  Sections 37.006(a), (b), (c), and (d), Education
	Code, are amended 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]; or
	(D)  the offense of disorderly conduct involving a
	firearm under Section 42.01(a)(7) or (8);
	(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; or
	(B)  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
	(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.
	SECTION 7.  Section 37.007, Education Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (f-1) 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
	an offense under Section 22.01(a)(1), Penal Code, against a school
	district employee or a volunteer as defined by Section 22.053 of
	this code; or
	(5)  engages in conduct that constitutes 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.
	(f-1)  A school district may place a student expelled under
	this section in:
	(1)  a virtual or in-person disciplinary alternative
	education program; or
	(2)  a juvenile justice alternative education program.
	SECTION 8.  Section 37.0081(a-1), Education Code, is amended
	to read as follows:
	(a-1)  The student must be placed in:
	(1)  a juvenile justice alternative education program,
	if 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;
	or
	(2)  a virtual or in-person disciplinary alternative
	education program.
	SECTION 9.  Subchapter A, Chapter 37, Education Code, is
	amended by adding Section 37.0083 to read as follows:
	Sec. 37.0083.  VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION
	PROGRAM. (a) The board of trustees of a school district, or the
	board's designee, may place a student who has been expelled under
	Section 37.007 in a virtual disciplinary alternative education
	program established by the district and provide virtual instruction
	and instructional materials for remote learning to the student.
	(b)  A student placed in a virtual disciplinary alternative
	education program shall be counted toward the district's average
	daily attendance for purposes of receipt of state funds under the
	Foundation School Program.
	(c)  A school district may not require a teacher who provides
	virtual instruction to students in a virtual disciplinary
	alternative education program to provide virtual instruction and
	in-class instruction for a course during the same class period.
	(d)  A teacher may not provide instruction for a virtual
	disciplinary alternative education program course unless the
	teacher has completed a professional development course on virtual
	instruction.
	(e)  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 disciplinary
	alternative education program.
	SECTION 10.  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 Subsection (f-1) of
	that section.
	SECTION 11.  Section 37.010, Education Code, is amended by
	adding Subsection (c-1) to read as follows:
	(c-1)  This subsection applies to a juvenile court in a
	county that operates a program under Section 37.011.
	Notwithstanding Subsections (a) and (c), a court may order a
	student expelled under Section 37.007 to attend a school district's
	virtual disciplinary alternative education program, if:
	(1)  the district has established a virtual
	disciplinary alternative education program under Section 37.0083;
	and
	(2)  the county's juvenile justice alternative
	education program under Section 37.011 has no available positions
	for the grade level in which the student is enrolled.
	SECTION 12.  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 13.  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 14.  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 15.  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 16.  Section 37.115(d), Education Code, is amended
	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.
	SECTION 17.  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
	shall offer to each student enrolled in the district access to those
	mental health services.
	(c)  A school district may not provide a mental health
	service to a student who is younger than 18 years of age unless the
	district obtains written consent from the parent or legal guardian
	of the student as required by Section 113.0152, Health and Safety
	Code.
	(d)  A school district may not:
	(1)  require a student to participate in any service
	provided under Subsection (b); or
	(2)  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 district obtains signed
	written consent from the student's parent or legal guardian.
	(e)  Before the beginning of each school year, the agency
	shall determine at which school districts the program is available
	and verify that each of those school districts is in compliance with
	Subsection (b).
	(f)  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.
	(g)  The program shall maintain, provide to each school
	district at which the program is available, and post on the
	consortium's 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 18.  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;
	(B)  who were transported to an emergency room or
	psychiatric hospital for mental health services or observation;
	(C)  who were referred to a health provider for
	further mental health services;
	(D)  who completed the requisite number of
	appointments offered to the participant by the program; and
	(E)  for whom the participant's parent or legal
	guardian consented to the participant's participation in research;
	(4)  during the preceding two years, the percentage of
	potential participants for whom a parent or legal guardian declined
	to give informed consent to participate in the program; and
	(5) [(3)]  any legislative recommendations based on
	the activities and objectives described by Subdivision (1).
	SECTION 19.  Sections 37.007(d) and (i), Education Code, are
	repealed.
	SECTION 20.  (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 21.  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 22.  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 23.  Notwithstanding Sections 38.2545(d)(2) and
	(f), 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 24.  This Act applies beginning with the 2025-2026
	school year.
	SECTION 25.  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.
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