reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.008. Contract With Transit Authority, Commercial Transportation Company, or Juvenile Board

Sec. 34.008.  CONTRACT WITH TRANSIT AUTHORITY, COMMERCIAL TRANSPORTATION COMPANY, OR JUVENILE BOARD.  (a)  A board of county school trustees or school district board of trustees may contract with a mass transit authority, commercial transportation company, or juvenile board for all or any part of a district's public school transportation if the authority, company, or board:
(1)  requires its school bus drivers to have the qualifications required by and to be certified in accordance with standards established by the Department of Public Safety;  and
(2)  uses only those school buses or mass transit authority buses in transporting 15 or more public school students that meet or exceed safety standards for school buses established under Section 34.002.
(b)  This section does not prohibit the county or school district board from supplementing the state transportation cost allotment with local funds necessary to provide complete transportation services.
(c)  A mass transit authority contracting under this section for daily transportation of pre-primary, primary, or secondary students to or from school shall conduct, in a manner and on a schedule approved by the county or district school board, the following education programs:
(1)  a program to inform the public that public school students will be riding on the authority's or company's buses;
(2)  a program to educate the drivers of the buses to be used under the contract of the special needs and problems of public school students riding on the buses;  and
(3)  a program to educate public school students on bus riding safety and any special considerations arising from the use of the authority's or company's buses.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 449 (H.B. 273), Sec. 2, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 449 (H.B. 273), Sec. 3, eff. June 16, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.010. Use of School Buses for Extracurricular and Other School-Related Activities

Sec. 34.010.  USE OF SCHOOL BUSES FOR EXTRACURRICULAR AND OTHER SCHOOL-RELATED ACTIVITIES.  (a)  A school district board of trustees or board of county school trustees governing a countywide transportation system may contract with nonschool organizations for the use of school buses.  The county or school district board may provide services relating to the maintenance and operation of the buses in accordance with the contract.
(b)  The commissioner shall ensure that the costs of using school buses for a purpose other than the transportation of students to or from school, including transportation for an extracurricular activity or field trip or of members of an organization other than a school organization, are properly identified in the Public Education Information Management System (PEIMS).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.011. Appeals

Sec. 34.011.  APPEALS.  A policy decision of a board of county school trustees or board of trustees of a school district affecting transportation is final and may not be appealed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.012. Three-Point Seat Belt Instruction; Information Clearinghouse

Sec. 34.012.  THREE-POINT SEAT BELT INSTRUCTION; INFORMATION CLEARINGHOUSE.  (a)  The State Board of Education shall develop and make available to each school district a program of instruction in the proper use of a three-point seat belt.
(b)  The State Board of Education shall serve as a clearinghouse of best practices for school districts seeking the most efficient and sensible information regarding school bus safety, including possible compliance with Section 547.701, Transportation Code, using school buses originally purchased without seat belts.
Added by Acts 2007, 80th Leg., R.S., Ch. 259 (H.B. 323), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.013. Bus Seat Belt Policy

Sec. 34.013.  BUS SEAT BELT POLICY.  A school district shall require a student riding a bus operated by or contracted for operation by the district to wear a seat belt if the bus is equipped with seat belts for all passengers on the bus.  A school district may implement a disciplinary policy to enforce the use of seat belts by students.
Added by Acts 2007, 80th Leg., R.S., Ch. 259 (H.B. 323), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.014. Funding for Three-Point Seat Belts

Sec. 34.014.  FUNDING FOR THREE-POINT SEAT BELTS.  (a)  A person may offer to donate three-point seat belts or money for the purchase of three-point seat belts for a school district's school buses.
(b)  The board of trustees of a school district shall consider any offer made by a person under Subsection (a).  The board of trustees may accept or decline the offer after adequate consideration.
(c)  The board of trustees may acknowledge a person who donates three-point seat belts or money for the purchase of three-point seat belts for a school bus under this section by displaying a small, discreet sign on the side or back of the bus recognizing the person who made the donation.  The sign may not serve as an advertisement for the person who made the donation.
Added by Acts 2007, 80th Leg., R.S., Ch. 259 (H.B. 323), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 34 - Transportation › Section 34.015. Reporting of Bus Collisions

Sec. 34.015.  REPORTING OF BUS COLLISIONS.  (a)  In this section, "bus" means a bus operated by or contracted for use by a school district to transport schoolchildren.
(b)  A school district shall report annually to the Texas Education Agency the number of collisions in which the district's buses are involved.  The agency by rule shall determine the information to be reported, including:
(1)  the type of bus involved in the collision;
(2)  whether the bus was equipped with seat belts;
(3)  the number of students and adults involved in the collision;
(4)  the number and types of injuries sustained by bus passengers in the collision; and
(5)  whether the injured passengers were wearing seat belts at the time of the collision.
(c)  The Texas Education Agency shall publish the reports received under this section on its Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch. 259 (H.B. 323), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 123, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 124, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.001. Definitions

Sec. 35.001.  DEFINITIONS.  In this chapter:
(1)  "Library material vendor" includes any entity that sells library material to a public primary or secondary school in this state.
(2)  "Sexually explicit material" has the meaning assigned by Section 33.021.
(3)  "Sexually relevant material" means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file, other than library material directly related to the curriculum required under Section 28.002(a), that describes, depicts, or portrays sexual conduct, as defined by Section 43.25, Penal Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.002. Ratings Required

Sec. 35.002.  RATINGS REQUIRED.  (a)  A library material vendor may not sell library materials to a school district or open-enrollment charter school unless the vendor has issued appropriate ratings regarding sexually explicit material and sexually relevant material previously sold to a district or school.
(b)  A library material vendor may not sell library material rated sexually explicit material and shall issue a recall for all copies of library material sold to a district or school that is:
(1)  rated sexually explicit material; and
(2)  in active use by the district or school.
(c)  Not later than April 1, 2024, each library material vendor shall develop and submit to the agency a list of library material rated as sexually explicit material or sexually relevant material sold by the vendor to a school district or open-enrollment charter school before that date and still in active use by the district or school.
(d)  Not later than September 1 of each year, each library material vendor shall submit to the agency an updated list of library material rated as sexually explicit material or sexually relevant material sold by the vendor to a school district or open-enrollment charter school during the preceding year and still in active use by the district or school.
(e)  The agency shall post each list submitted under Subsection (c) or (d) in a conspicuous place on the agency's Internet website as soon as practicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.0021. Rating Guidelines

Sec. 35.0021.  RATING GUIDELINES.  (a)  For purposes of determining whether a library material is sexually explicit as required by Section 35.002, a library material vendor must perform a contextual analysis of the material to determine whether the material describes, depicts, or portrays sexual conduct in a way that is patently offensive.
(b)  In performing the contextual analysis of a library material, a library material vendor must consider the following three principal factors with respect to the material:
(1)  the explicitness or graphic nature of a description or depiction of sexual conduct contained in the material;
(2)  whether the material consists predominantly of or contains multiple repetitions of depictions of sexual or excretory organs or activities; and
(3)  whether a reasonable person would find that the material intentionally panders to, titillates, or shocks the reader.
(c)  In examining the three factors listed under Subsection (b), a vendor must weigh and balance each factor and conclude whether the library material is patently offensive, recognizing that because each instance of a description, depiction, or portrayal of sexual conduct contained in a material may present a unique mix of factors.
(d)  To determine whether a description, depiction, or portrayal of sexual conduct contained in a material is patently offensive, a library material vendor must consider the full context in which the description, depiction, or portrayal of sexual conduct appears, to the extent possible, recognizing that contextual determinations are necessarily highly fact-specific and require the consideration of contextual characteristics that may exacerbate or mitigate the offensiveness of the material.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.003. Agency Review

Sec. 35.003.  AGENCY REVIEW.  (a)  The agency may review library material sold by a library material vendor that is not rated or incorrectly rated by the vendor as sexually explicit material, sexually relevant material, or no rating in accordance with Section 35.002(a).  If the agency determines that the library material is required to be rated as sexually explicit material or sexually relevant material or to receive no rating at all under that subsection, the agency shall provide written notice to the vendor.  The notice must include information regarding the vendor's duty under this section and provide the corrected rating required for the library material.
(b)  Not later than the 60th day after the date on which a library material vendor receives notice regarding library material under Subsection (a), the vendor shall:
(1)  rate the library material according to the agency's corrected rating; and
(2)  notify the agency of the action taken under Subdivision (1).
(c)  The agency shall post and maintain in a conspicuous place on the agency's Internet website a list of library material vendors who fail to comply with Subsection (b).
(d)  A school district or open-enrollment charter school may not purchase library material from a library material vendor on the list described by Subsection (c).
(e)  A library material vendor placed on the list described by Subsection (c) may petition the agency for removal from the list.  The agency may remove a vendor from the list only if the agency is satisfied that the vendor has taken appropriate action under Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.004. Liability

Sec. 35.004.  LIABILITY.  A school district or open-enrollment charter school or a teacher, librarian, or other staff member employed by a district or school is not liable for any claim or damage resulting from a library material vendor's violation of this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.005. Parental Consent Required for Use of Certain Library Materials

Sec. 35.005.  PARENTAL CONSENT REQUIRED FOR USE OF CERTAIN LIBRARY MATERIALS.  A school district or open-enrollment charter school may not allow a student enrolled in the district or school to reserve, check out, or otherwise use outside the school library library material the library material vendor has rated as sexually relevant material under Section 35.002(a) unless the district or school first obtains written consent from the student's parent or person standing in parental relation.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.006. Review and Reporting of Certain Library Materials

Sec. 35.006.  REVIEW AND REPORTING OF CERTAIN LIBRARY MATERIALS.  (a)  Not later than January 1 of every odd-numbered year, each school district and open-enrollment charter school shall:
(1)  review the content of each library material in the catalog of a district or school library that is rated as sexually relevant material under Section 35.002(a) by the library material vendor;
(2)  determine in accordance with the district's or school's policies regarding the approval, review, and reconsideration of school library materials whether to retain each library material reviewed under Subdivision (1) in the school library catalog; and
(3)  either:
(A)  post in a conspicuous place on the Internet website maintained by the district or school a report; or
(B)  provide physical copies of the report at the central administrative building for the district or school.
(b)  The report required under Subsection (a)(3) must include:
(1)  the title of each library material reviewed under Subsection (a)(1);
(2)  the district's or school's decision regarding the library material under Subsection (a)(2); and
(3)  the school or campus where the library material is currently located.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.007. Rules

Sec. 35.007.  RULES.  The commissioner may adopt rules as necessary to administer this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle F - Curriculum, Programs, and Services › Chapter 35 - Regulation of Certain Library Material › Section 35.008. Assistance of Agency

Sec. 35.008.  ASSISTANCE OF AGENCY.  The agency may provide assistance to school districts and open-enrollment charter schools in complying with this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0011. Use of Corporal Punishment

Sec. 37.0011.  USE OF CORPORAL PUNISHMENT.  (a)  In this section, "corporal punishment" means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline.  The term does not include:
(1)  physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or
(2)  the use of restraint as authorized under Section 37.0021.
(b)  If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.
(c)  To prohibit the use of corporal punishment as a method of student discipline, each school year a student's parent or guardian or other person having lawful control over the student must provide a separate written, signed statement to the board of trustees of the school district in the manner established by the board.
(d)  The student's parent or guardian or other person having lawful control over the student may revoke the statement provided to the board of trustees under Subsection (c) at any time during the school year by submitting a written, signed revocation to the board in the manner established by the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0012. Designation of Campus Behavior Coordinator

Sec. 37.0012.  DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR.  (a)  A 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.
(b)  The campus behavior coordinator is primarily responsible for maintaining student discipline and the implementation of this subchapter.
(c)  Except as provided by this chapter, the specific duties of the campus behavior coordinator may be established by campus or district policy.  Unless otherwise provided by campus or district policy:
(1)  a duty imposed on a campus principal or other campus administrator under this subchapter shall be performed by the campus behavior coordinator; and
(2)  a power granted to a campus principal or other campus administrator under this subchapter may be exercised by the campus behavior coordinator.
(d)  The campus behavior coordinator shall promptly notify a student's parent or guardian as provided by this subsection if under this subchapter the student is placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled, or placed in a juvenile justice alternative education program or is taken into custody by a law enforcement officer.  A campus behavior coordinator must comply with this subsection by:
(1)  promptly contacting the parent or guardian by telephone or in person; and
(2)  making a good faith effort to provide written notice of the disciplinary action to the student, on the day the action is taken, for delivery to the student's parent or guardian.
(e)  If a parent or guardian entitled to notice under Subsection (d) has not been reached by telephone or in person by 5 p.m. of the first business day after the day the disciplinary action is taken, a campus behavior coordinator shall mail written notice of the action to the parent or guardian at the parent's or guardian's last known address.
(f)  If a campus behavior coordinator is unable or not available to promptly provide notice under Subsection (d), the principal or other designee shall provide the notice.
Added by Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 1, eff. June 20, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0013. Positive Behavior Program

Sec. 37.0013.  POSITIVE BEHAVIOR PROGRAM.  (a)  Each school district and open-enrollment charter school may develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) and is not subject to Section 37.005(c).  The program must:
(1)  be age-appropriate and research-based;
(2)  provide models for positive behavior;
(3)  promote a positive school environment;
(4)  provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and
(5)  provide behavior management strategies, including:
(A)  positive behavioral intervention and support;
(B)  trauma-informed practices;
(C)  social and emotional learning;
(D)  a referral for services, as necessary; and
(E)  restorative practices.
(b)  Each school district and open-enrollment charter school may annually conduct training for staff employed by the district or school on the program adopted under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 696 (H.B. 674), Sec. 1, eff. June 12, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0022. Removal by School Bus Driver

Sec. 37.0022.  REMOVAL BY SCHOOL BUS DRIVER.  (a)  The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus.  The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001.
(b)  Section 37.004 applies to any placement under Subsection (a) of a student with a disability who receives special education services.
Added by Acts 2013, 83rd Leg., R.S., Ch. 487 (S.B. 1541), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.003. Placement Review Committee

Sec. 37.003.  PLACEMENT REVIEW COMMITTEE.  (a)  Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and make recommendations to the district regarding readmission of expelled students.  Members shall be appointed as follows:
(1)  the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member;  and
(2)  the principal shall choose one member from the professional staff of a campus.
(b)  The teacher refusing to readmit the student may not serve on the committee.
(c)  The committee's placement determination regarding a student with a disability who receives special education services under Subchapter A, Chapter 29, is subject to the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and federal regulations, state statutes, and agency requirements necessary to carry out federal law or regulations or state law relating to special education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 7, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.004. Placement of Students With Disabilities

Sec. 37.004.  PLACEMENT OF STUDENTS WITH DISABILITIES.  (a)  The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee.
(b)  Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments.  Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
(1)  functional behavioral assessments;
(2)  positive behavioral interventions, strategies, and supports;
(3)  behavioral intervention plans;  and
(4)  the manifestation determination review.
(b-1)  If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
(1)  not later than the 10th school day after the change in placement:
(A)  seek consent from the student's parent or person standing in parental relation to the student to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted on the student or the student's most recent functional behavioral assessment is more than one year old; and
(B)  review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2)  as necessary:
(A)  develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B)  if the student has a behavior improvement plan or behavioral intervention plan, revise the student's plan.
(c)  A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.
(d)  A teacher in an alternative education program under Section 37.008 who has a special education assignment must hold an appropriate certificate or permit for that assignment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 767, Sec. 6, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1225, Sec. 1, eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 435, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.005. Suspension

Sec. 37.005.  SUSPENSION.  (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 suspended.
(b)  A suspension under this section may not exceed three school days.
(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 contains the elements of a violent offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; or
(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)-(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.
(e)  A school district shall provide to a student during the period of the student's suspension under this section, regardless of whether the student is placed in in-school or out-of-school suspension, an alternative means of receiving all course work provided in the classes in the foundation curriculum under Section 28.002(a)(1) that the student misses as a result of the suspension.  The district must provide at least one option for receiving the course work that does not require the use of the Internet.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 8, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 696 (H.B. 674), Sec. 2, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 479 (H.B. 692), Sec. 1, eff. June 7, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0051. Placement of Students Committing Sexual Assault Against Another Student

Sec. 37.0051.  PLACEMENT OF STUDENTS COMMITTING SEXUAL ASSAULT AGAINST ANOTHER STUDENT.  (a)  As provided by Section 25.0341(b)(2), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 or a juvenile justice alternative education program under Section 37.011.
(b)  A limitation imposed by this subchapter on the length of a placement in a disciplinary alternative education program or a juvenile justice alternative education program does not apply to a placement under this section.
Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0052. Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior

Sec. 37.0052.  PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR.  (a)  In this section:
(1)  "Bullying" has the meaning assigned by Section 37.0832.
(2)  "Intimate visual material" has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code.
(b)  A student may be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 or expelled if the student:
(1)  engages in bullying that encourages a student to commit or attempt to commit suicide;
(2)  incites violence against a student through group bullying; or
(3)  releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.
(c)  Nothing in this section exempts a school from reporting a finding of intimate visual material of a minor.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0061. Funding for Alternative Education Services in Juvenile Residential Facilities

Sec. 37.0061.  FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES.  A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by a juvenile board is entitled to count such students in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. If the district has a local revenue level greater than the guaranteed local revenue level but less than the level established under Section 48.257, the district in which the student is enrolled on the date a court orders the student to be confined to a juvenile residential facility shall transfer to the district providing education services an amount equal to the difference between the average Foundation School Program costs per student of the district providing education services and the sum of the state aid and the money from the available school fund received by the district that is attributable to the student for the portion of the school year for which the district provides education services to the student.
Added by Acts 1997, 75th Leg., ch. 1015, Sec. 4, eff. June 19, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.041, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0062. Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities

Sec. 37.0062.  INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES.  (a)  The commissioner shall determine the instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board or a post-adjudication secure correctional facility operated under contract with the Texas Juvenile Justice Department, including requirements relating to:
(1)  the length of the school day;
(2)  the number of days of instruction provided to students each school year; and
(3)  the curriculum of the educational program.
(b)  The commissioner shall coordinate with the Texas Juvenile Justice Department in determining the instructional requirements for education services provided under Subsection (a):
(1)  in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board; and
(2)  in a post-adjudication secure correctional facility operated under contract with the department.
(c)  The commissioner shall adopt rules necessary to administer this section.  The rules must ensure that:
(1)  a student who receives education services in a pre-adjudication secure detention facility described by this section is offered courses that enable the student to maintain progress toward completing high school graduation requirements; and
(2)  a student who receives education services in a post-adjudication secure correctional facility described by this section is offered, at a minimum, the courses necessary to enable the student to complete high school graduation requirements.
(d)  The Texas Juvenile Justice Department shall coordinate with the commissioner in establishing standards for:
(1)  ensuring security in the provision of education services in the facilities; and
(2)  providing children in the custody of the facilities access to education services.
Added by Acts 2007, 80th Leg., R.S., Ch. 615 (H.B. 425), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 32, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0082. Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs

Sec. 37.0082.  ASSESSMENT OF ACADEMIC GROWTH OF STUDENTS IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.  (a)  To assess a student's academic growth during placement in a disciplinary alternative education program, a school district shall administer to a student placed in a program for a period of 90 school days or longer an assessment instrument approved by the commissioner for that purpose.  The instrument shall be administered:
(1)  initially on placement of the student in the program; and
(2)  subsequently on the date of the student's departure from the program, or as near that date as possible.
(b)  The assessment instrument required by this section:
(1)  must be designed to assess at least a student's basic skills in reading and mathematics;
(2)  may be:
(A)  comparable to any assessment instrument generally administered to students placed in juvenile justice alternative education programs for a similar purpose; or
(B)  based on an appropriate alternative assessment instrument developed by the agency to measure student academic growth; and
(3)  is in addition to the assessment instruments required to be administered under Chapter 39.
(c)  The commissioner shall adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0091. Notice to Noncustodial Parent

Sec. 37.0091.  NOTICE TO NONCUSTODIAL PARENT.  (a)  A noncustodial parent may request in writing that a school district or school, for the remainder of the school year in which the request is received, provide that parent with a copy of any written notification relating to student misconduct under Section 37.006 or 37.007 that is generally provided by the district or school to a student's parent or guardian.
(b)  A school district or school may not unreasonably deny a request authorized by Subsection (a).
(c)  Notwithstanding any other provision of this section, a school district or school shall comply with any applicable court order of which the district or school has knowledge.
Added by Acts 2003, 78th Leg., ch. 1055, Sec. 14, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.012. Funding of Juvenile Justice Alternative Education Programs

Sec. 37.012.  FUNDING OF JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS.  (a)  Subject to Section 37.011(n), the school district in which a student is enrolled on the date the student is expelled for conduct for which expulsion is permitted but not required under Section 37.007 shall, if the student is served by the juvenile justice alternative education program, provide funding to the juvenile board for the portion of the school year for which the juvenile justice alternative education program provides educational services in an amount determined by the memorandum of understanding under Section 37.011(k)(2).
(b)  Funds received under this section must be expended on juvenile justice alternative education programs.
(c)  The Office of State-Federal Relations shall assist a local juvenile probation department in identifying additional state or federal funds to assist local juvenile probation departments conducting educational or job training programs within juvenile justice alternative education programs.
(d)  A school district is not required to provide funding to a juvenile board for a student who is assigned by a court to a juvenile justice alternative education program but who has not been expelled.
(e)  Except as otherwise authorized by law, a juvenile justice alternative education program may not require a student or the parent or guardian of a student to pay any fee, including an entrance fee or supply fee, for participating in the program.
(f)  Notwithstanding any other law, for purposes of any budget reductions requested by the Legislative Budget Board or the governor, any money received by a local juvenile probation department or appropriated to the Texas Juvenile Justice Department for purposes of operating a juvenile justice alternative education program is considered to be part of the foundation school program and is not subject to those budget reductions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 10, eff. June 19, 1997;  Acts 2003, 78th Leg., ch. 1055, Sec. 17, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 964 (H.B. 1687), Sec. 1, eff. June 18, 2005.
Acts 2021, 87th Leg., R.S., Ch. 489 (H.B. 3456), Sec. 5, eff. June 14, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.013. Coordination Between School Districts and Juvenile Boards

Sec. 37.013.  COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS.  The board of trustees of the school district or the board's designee shall at the call of the president of the board of trustees regularly meet with the juvenile board for the county in which the district's central administrative office is located or the juvenile board's designee concerning supervision and rehabilitative services appropriate for expelled students and students assigned to disciplinary alternative education programs.  Matters for discussion shall include service by probation officers at the disciplinary alternative education program site, recruitment of volunteers to serve as mentors and provide tutoring services, and coordination with other social service agencies.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 18, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.014. Court-Related Children--Liaison Officers

Sec. 37.014.  COURT-RELATED CHILDREN--LIAISON OFFICERS.  Each school district shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district.  The liaison officer shall provide counselling and services for each court-related child and the child's parents to establish or reestablish normal attendance and progress of the child in the school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.015. Reports to Local Law Enforcement; Liability

Sec. 37.015.  REPORTS TO LOCAL LAW ENFORCEMENT;  LIABILITY.  (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).
(b)  A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.
(c)  A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.
(d)  The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.
(e)  The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.
(f)  A person is not liable in civil damages for reporting in good faith as required by this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.05, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1055, Sec. 19, eff. June 20, 2003.