(g) If a school district still has not corrected the plan deficiencies or has failed to submit a plan six months after the date of initial notification under Subsection (c)(2) or (d), the center shall provide written notice to the school district stating that the district must hold a public hearing under Section 37.1081. Acts 2017, 85th Leg., R.S., Ch. (f) A school district shall include in its multihazard emergency operations plan: (1) a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable; (2) provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of this section by the agency or the Texas School Safety Center; (3) provisions for ensuring the safety of students in portable buildings; (4) provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation; (5) provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification; (6) provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that: (A) are aligned with best practice-based programs and research-based practices recommended under Section 38.351; (B) include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel; (C) include training on integrating psychological safety and suicide prevention strategies into the district's plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and Texas School Safety Center for: (i) members of the district's school safety and security committee under Section 37.109; (ii) district school counselors and mental health professionals; and. Acts 2019, 86th Leg., R.S., Ch. 70.01, eff. EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. Acts 2021, 87th Leg., R.S., Ch. June 15, 2007. 12, eff. 1132 (S.B. 2. 14.031. The term does not include: (1) physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE. Acts 2017, 85th Leg., R.S., Ch. (a) In this section: (2) "Intimate visual material" has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code. 260, Sec. 1, eff. D. Members shall not disclose to others or use to further the personal interest of themselves or others, confidential information acquired by them in the course of their official duties. (d) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of an individual released under Subsection (a) or (b) of this article. Members shall not directly or indirectly solicit any gift, or accept or receive any gift whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or in any other form, under circumstances in which it could reasonably be inferred the gift was intended to influence them, in the performance of their duties or was intended as a reward for any official action on their part. PROSECUTING ATTORNEYS. 464 (S.B. 1180 (H.B. (a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.002(b) or (d) or by the school principal or other appropriate administrator under Section 37.001(a)(2) or 37.006, the campus behavior coordinator or other appropriate administrator shall schedule a conference among the campus behavior coordinator or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and the student. 37.2071. (b) The offense of failing to report is a Class B misdemeanor. 10, eff. 1112, Sec. The juvenile board shall make any contribution that otherwise would be the responsibility of the school district if the person were employed by the school district, and the state shall make any contribution to the same extent as if the person were employed by a school district. 37.302. (D) entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities. 3, eff. A student with a disability who receives special education services under Subchapter A, Chapter 29, may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. ON-SITE ASSISTANCE. 1251 (H.B. E. All policies and procedures regulating conduct of officers should be in writing and available to all personnel. 1371 (S.B. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. (f) If three months after the date of initial notification of a plan's deficiencies under Subsection (c)(2) or failure to submit a plan under Subsection (d) a district has not corrected the plan deficiencies or has failed to submit a plan, the center shall provide written notice to the district and agency that the district has not complied with the requirements of this section and must comply immediately. (A) a definition of dating violence that includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship, as defined by Section 71.0021, Family Code; (B) a clear statement that dating violence is not tolerated at school; and, (C) reporting procedures and guidelines for students who are victims of dating violence, including a procedure for immediately notifying the parent or guardian of a student about a report received by the district identifying the student as an alleged victim or perpetrator of dating violence; and. (3) the parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other objectives, defined by the district, to aid student remediation. 2, eff. September 1, 2011. 473 and S.B. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. Pending publication of the current statutes, see H.B. SUBCHAPTER B. SCHOOL-COMMUNITY GUIDANCE CENTERS. (4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution. Sec. (e) The procedure for reporting bullying established under Subsection (c) must be posted on the district's Internet website to the extent practicable. Added by Acts 1995, 74th Leg., ch. (ii) a dangerous drug, as defined by Chapter 483, 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. Acts 2021, 87th Leg., R.S., Ch. A district may take any action permitted by this subsection if the student was expelled by a school district in another state if: (1) the out-of-state district provides to the district a copy of the expulsion order; and. (3) the district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program as provided in Section 37.008. Notwithstanding any other provision of law, a warrant may not be issued for the arrest of a person for a Class C misdemeanor under this code committed when the person was younger than 17 years of age. 3, eff. 1055, Sec. The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. 1 (S.B. Art. 62-56. Acts 2017, 85th Leg., R.S., Ch. (c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes. (o) In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board's or county's employees and volunteers are immune from liability to the same extent as a school district's employees and volunteers. (B) substantially disrupt the orderly operation of a classroom, school, or school-sponsored or school-related activity; (3) prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying; (4) establishes a procedure for providing notice of an incident of bullying to: (A) a parent or guardian of the alleged victim on or before the third business day after the date the incident is reported; and. Sec. COOPERATION OF GOVERNMENTAL AGENCIES. 1, eff. Failure to comply with this subsection does not affect the requirement of the board of trustees to make a school facility available for use as a polling place under Section 43.031, Election Code. June 19, 1997; Acts 1999, 76th Leg., ch. Any decision of the board or the board's designee under this subsection is final and may not be appealed. (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. (j) Notwithstanding Section 7.057(e), the decision of the board of trustees under Subsection (i) may be appealed to the commissioner as provided by Sections 7.057(b), (c), (d), and (f). (2) reports an incident of hazing in bad faith or with malice. (a) The center shall identify and inform school districts of the types of entities, including local and regional authorities, other school districts, and emergency first responders, with whom school districts should customarily make efforts to enter into memoranda of understanding or mutual aid agreements addressing issues that affect school safety and security. Art. This subsection applies only to a school district. 6, eff. 988 (H.B. 1015, Sec. The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in this state. TRANSFER OF REGISTERED SEX OFFENDER. 37.0811. January 1, 2016. (g) The identity of a school marshal appointed under this section is confidential, except as provided by Section 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code. 49), Sec. (b) If a student's placement in a disciplinary alternative education program is to extend beyond 60 days or the end of the next grading period, whichever is earlier, a student's parent or guardian is entitled to notice of and an opportunity to participate in a proceeding before the board of trustees of the school district or the board's designee, as provided by policy of the board of trustees of the district. Texas Education Agency 1701 N. Congress Avenue Austin, TX 78701-1494 Fax: (512) 475-3665 1240 (H.B. (3) is not in the best interests of the district's students. PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention. NOTICE TO NONCUSTODIAL PARENT. 522 (S.B. (d) The center shall verify the information provided by a person under Subsection (c) to confirm the person's qualifications and ability to provide school safety or security consulting services before adding the person to the registry. Acts 2019, 86th Leg., R.S., Ch. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM. (2) the student was placed in a disciplinary alternative education program by a school district in another state and: (A) the out-of-state district provides to the district a copy of the placement order; and. Added by Acts 1997, 75th Leg., ch. 37.012. (b) The district may provide the opportunity to complete courses by any method available, including a correspondence course, distance learning, or summer school. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. I KNOW that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. CODE OF ETHICS. (c) The center may provide the report required by this section in conjunction with the report required by Section 37.216. (2) the person behaves in a manner that is inappropriate for a school setting and: (A) the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and. 3), Sec. Sec. June 6, 2019. Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person's attendance, the campus behavior coordinator, after consideration of the factors under Section 37.001(a)(4), shall order the placement of the student for a period consistent with the student code of conduct. 107), Sec. (2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant. 1488), Sec. 836, Sec. The Executive Board will convene either physically or telephonically within thirty (30) days of submission of a Professional Conduct and Ethics Committee report and recommendations, and by majority vote determine if disciplinary action is necessary. The coordination must include assistance and recommendations from: (6) classroom teachers who are or may be responsible for implementing the student's personalized transition plan developed under Subsection (d); and. June 18, 2021. (2) a power granted to a campus principal or other campus administrator under this subchapter may be exercised by the campus behavior coordinator. June 18, 2005. 2, eff. Acts 2005, 79th Leg., Ch. 37.022. 4504, 88th Legislature, Regular Session, for amendments affecting the following section. Acts 2005, 79th Leg., Ch. 522 (S.B. June 17, 2011. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession .law enforcement.THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, 2023 The University of Texas System. Acts 2017, 85th Leg., R.S., Ch. 37.103. 785), Sec. 1, eff. A system adopted under this section must include multiple graduated sanctions. 464 (S.B. Sec. June 6, 2019. Acts 2019, 86th Leg., R.S., Ch. September 1, 2005. For purposes of this subsection, "serious misbehavior" means: (1) deliberate violent behavior that poses a direct threat to the health or safety of others; (2) extortion, meaning the gaining of money or other property by force or threat; (3) conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or. (a) In this section: (1) "Alternative education program" includes: (A) a disciplinary alternative education program operated by a school district or open-enrollment charter school; (B) a juvenile justice alternative education program; and. In developing the policy under this subsection, the board of trustees may consult with the local law enforcement agency with jurisdiction over the school district property selected as a polling place regarding reasonable security accommodations that may be made to the property. Texas Police Association, Established 1895 Acts 2021, 87th Leg., R.S., Ch. The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device. (b) An offense under this subchapter may be prosecuted: (1) in any county in which the offense may be prosecuted under other law; or. September 1, 2019. June 17, 2005. 603), Sec. 359), Sec. 1015, Sec. (D) conduct occurring while a student was enrolled in another district and for which placement in a disciplinary alternative education program is permitted by Section 37.008(j); (3) the number of full or partial days the student was assigned to the program and the number of full or partial days the student attended the program; and. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1015, Sec. (e) A school marshal may use a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code. 1, eff. APPLICABILITY OF CRIMINAL LAWS. 5, eff. September 1, 2007. Added by Acts 1995, 74th Leg., ch. Before ordering the suspension, expulsion, removal to a disciplinary alternative education program, or placement in a juvenile justice alternative education program of a student, the behavior coordinator must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, and whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action. Amended by Acts 1981, 67th Leg., p. 1865, ch. Sec. 37.202. If disciplinary action is necessary, the Executive Board may take one or more of the following actions (determined by majority vote): Adopted at TPCA Executive Board Meeting, January 17-18, 2019, Bandera. 1549), Sec. (a) Each school district shall provide a disciplinary alternative education program that: (1) is provided in a setting other than a student's regular classroom; (2) is located on or off of a regular school campus; (3) provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program; (4) focuses on English language arts, mathematics, science, history, and self-discipline; (5) provides for students' educational and behavioral needs; (6) provides supervision and counseling; and. (1) conduct a threat assessment that includes: (A) assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior in accordance with the policies and procedures adopted under Subsection (c); and. May 30, 1995. (a) Not later than the second business day after the date a hearing is held under Section 37.009, the board of trustees of a school district or the board's designee shall deliver a copy of the order placing a student in a disciplinary alternative education program under Section 37.006 or expelling a student under Section 37.007 and any information required under Section 52.04, Family Code, to the authorized officer of the juvenile court in the county in which the student resides. (h) If the period of an expulsion is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS. 1488), Sec. (c) Notwithstanding Subsection (a)(13), an aversive technique described by Subsection (a)(13) may be used if the technique is executed in a manner that: (1) does not cause the student discomfort or pain; or. This includes disciplinary, grievance, policies and operating procedures of the Department. (3) the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance. DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR. June 20, 2003. (a) It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services under Subchapter A, Chapter 29. Policy Center Resource Law enforcement officers must accept and abide by a high ethical and moral standard that is consistent with the rule of law they are sworn to uphold. The period of the placement may not exceed one year unless, after a review, the district determines that the student is a threat to the safety of other students or to district employees. (a) The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property or while attending a school-sponsored or school-related activity on or off school property. 37.0051. 167 (H.B. 37.0012. Sec. 1409 (S.B. (a) If a school district removes a student from the regular classroom and places the student in in-school suspension or another setting other than a disciplinary alternative education program, the district shall offer the student the opportunity to complete before the beginning of the next school year each course in which the student was enrolled at the time of the removal. Sec. 37.309. MODEL SAFETY AND SECURITY AUDIT PROCEDURE. (3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district. 1224), Sec. Acts 2021, 87th Leg., R.S., Ch. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Acts 2019, 86th Leg., R.S., Ch. 37.216. Sec. (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 for conduct prohibited in accordance with Subsection (a)(7) until an admission, review, and dismissal committee meeting has been held to review the conduct. September 1, 2009. Sec. 3, 88th Legislature, Regular Session, for amendments affecting the following section. 16, eff. Added by Acts 1995, 74th Leg., ch. (b) The teacher refusing to readmit the student may not serve on the committee. 2, eff. (b) The biennial report must include any findings made by the center regarding school safety and security and the center's functions, budget information, and strategic planning initiatives of the center. Sec. 8, eff. (2) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a person when the person enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker or other secure area where the peace officer can secure the person's handgun. A person who voluntarily makes a report under this section is immune from civil or criminal liability. Sec. (2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held. Article 6. 262, Sec. (b) Any person who voluntarily reports a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the reported hazing incident if the person: (1) reports the incident before being contacted by the institution concerning the incident or otherwise being included in the institution's investigation of the incident; and. The following section was amended by the 88th Legislature. June 15, 2017. September 1, 2013. The report provided to the Texas School Safety Center under this subsection must be signed by: (1) for a school district, the district's board of trustees and superintendent; or. 1171 (H.B. 3, eff. 2069, 88th Legislature, Regular Session, for amendments affecting the following section. Amended by Acts 2001, 77th Leg., ch. 4, eff. 977 (H.B. GOVERNMENT CODE TITLE 6. (b) The center shall develop guidelines regarding memoranda of understanding and mutual aid agreements between school districts and the entities identified in accordance with Subsection (a). 915), Sec. Aug. 28, 1989. 6, eff. (c) A student may be expelled if the student, while placed in a disciplinary alternative education program, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. (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. 1, eff. In determining the amount to be paid by a school district for an expelled student enrolled in a juvenile justice alternative education program, the arbitrator shall consider the relevant factors, including evidence of: (1) the actual average total per student expenditure in the district's alternative education setting; (2) the expected per student cost in the juvenile justice alternative education program as described and agreed on in the memorandum of understanding and in compliance with this chapter; and. Acts 2015, 84th Leg., R.S., Ch. 630 (S.B. 124B Title 37 Texas Administrative Code Chapters 211 229 F1 . 0:00 0:02:38 0:00. (c) Each person providing school safety or security consulting services in this state shall register with the center in accordance with requirements established by the center. 393), Sec. (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. Sections 720.1001-720.1013; or. (a) A person at each campus must be designated to serve as the campus behavior coordinator. (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, (i) alters, damages, or deletes school district property or information; or.
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