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I will take the perspective of the Elementary School Counselor at Grape Creek ISD.  This legal padlet may be used by school counselors as a resource on Senate Bill 11 and House Bill 18 in regards to Mental Health and School Safety requirements.

I choose this topic as the mental health aspect of a school counselors job is changing and growing. I hope that this legal and ethical guide will provide a clear pathway for understanding the new requirements schools are under to better serve children suffering from mental illness.

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Mental health practices in schools are quickly becoming a prevalent topic, especially for school counselors. School counselors are often considered the go-to person regarding issues and training regarding mental health. The role and the education required of a school counselor has recently changed to prepare professional school counselors with this role better.

With recent legislation, the state has mandated that schools establish a team to aid students in need of mental health services and help develop school staff skills in trauma-informed and grief informed care and suicide prevention.  Also mandated by the state, each school’s team must train their staff on positive behavior intervention and becoming trauma-sensitive schools. The legislation laid out guidelines for the teams as well as the region service centers to create a list of approved training that meets the requirements of the state and the needs of the students. It will be interesting to see what programs and training are most effective.

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ASCA Toolkit: Crisis Planning and Response

Counselors, teachers, and all school staff need to educated on crisis management strategies in order to provide support for students suffering from mental health.

Reference: Crisis Planning and Response: American School Counselor Association (ASCA). (2020, May 19). Retrieved from https://www.schoolcounselor.org/school-counselors/professional-development/learn-more/crisis-planning-and-response

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ASCA Toolkit: Crisis Planning and Response During a Pandemic/Virtual School Counseling

While school counselors are key to providing grief and crisis support whether in a virtual or brick and mortar setting, some of the ways material and information is delivered may be different in a virtual world.

School counselors cannot complete this work and deliver services to students in a silo. Crisis planning and response - whether the crisis is a sudden school closure in general or an individual student crisis during the school shutdown - requires a school and community conversation. Talking through the virtual crisis and grief response with administrators and the school crisis team is vitally important. Consider these tips:

Ensure a plan is in place before a crisis occurs.

Communicate the plan with all school staff to ensure everyone is clear about how the process will work.

Reach out to community organizations and partners to fill in service gaps.

Work with administrator about how support to staff during the crisis.

Ensure the school website, and perhaps your own personal email signature, includes important information, crisis lines and resources.

Regularly check in with students and families. This isn't just a job for the school counselor but administration and other staff as well.

Remember to practice self-care.

For additional guidance regarding supporting students, read the National Center for School Crisis and Bereavement's Supporting Grieving Students During a Pandemic - A guide to using the Coalition to Support Grieving Students materials.
The School Counselor Role
Safe school and crisis response literature suggests several important crisis prevention and response preparedness practices in which school counselors should engage, including:

providing individual and group counseling

advocating for student safety by recommending school personnel put consistent procedures, communication and policies in place

providing interventions for students at risk of dropping out or harming self or others

supporting student-initiated programs

providing family, faculty and staff education programs

facilitating open communication between students and caring adults

participating in district and school response team planning and practices

promoting trauma-informed practices

partnering with community resources

In short, school counselors are a vital resource in preventing, intervening, and responding to crisis situations. Source: ASCA Position Statement: The School Counselor and Safe Schools and Crisis Response
Crisis and Grief Response Resources
Crisis Planning Pandemic-Specific Resources Trauma Grief Hotlines
The following hotlines may be helpful for students in crisis while not attending school due to COVID-19.

Childhelp National Child Abuse Hotline
(800) 422-4453

Disaster Distress Helpline - SAMHSA
(800) 985-5990

Girls & Boys Town National Hotline
(310) 855-4673

National Center for Missing & Exploited Children
(800) 843-5678

National Domestic Violence Hotline
(800) 799-7233

National Parent Helpline
(855) 427-2736

Rape, Sexual Assault, Abuse and Incest National Network (RAINN)
(800) 656-4673

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Crisis Planning and Response | American School Counselor Association (ASCA)

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ASCA Toolkit: Crisis Planning and Response During a Pandemic/Virtual School Counseling While school counselors are key to providing grief and crisis support whether in a virtual or brick and mortar setting, some of the ways material and information is delivered may be different in a virtual world.

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Reference: Prothero, A. (2020, May 11). Schools Struggle to Meet Students' Mounting Mental-Health Needs. Retrieved from https://www.edweek.org/ew/articles/2020/05/01/schools-struggle-to-meet-students-mounting-mental-health.html?print=1

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Pandemic brought new challenges

"We're screwed." That's what principal Kristina MacBury is hearing over and over again from her students at Sarah Pyle Academy.

Sarah Pyle is a dropout-recovery program in Wilmington, Del., and its students, ages 16 to 21, face a lot of hardships in the best of times: They may be the primary breadwinners in their families. Some have kids of their own; others are taking care of sick parents. Many are homeless.

Now, as a historic recession takes shape amid the pandemic, these students are worried about finding work to bolster their families' earnings or losing jobs they already have. They're upset about the prospect of not getting a traditional graduation-a major milestone for any young adult but one that may be especially hard-won for Sarah Pyle's graduates.

"I have kids whose parents are kicking them out because they don't have a job or because they're not getting along-they never got along," said MacBury. "We have a significant amount of [students with] parents that either have cancer or other health issues and this really drove their anxiety through the roof."

For many of these students, the school was a respite from tumultuous home lives, but like thousands of others across the country, its building is closed to in-person classes to rein in the spread of the coronavirus. All MacBury can do now is tell her students that she and the staff at Sarah Pyle have their backs and tend to their students' mental and emotional needs as best they can from a distance.

"I need you to worry about being balanced, about being centered, about being healthy, about using your strategies. If not, you know where to go to if you start feeling some kind of way," MacBury advises her students through phone calls, emails, and online meetings. "Other kids have been reaching out, 'I don't feel like myself. Can you please help me, stay on the line with me while I call the mental-health hotline?'"

While these students' needs may be especially acute, Sarah Pyle is not alone. Schools across the country are scrambling to prop up students emotionally and mentally during frightening, uncertain times when their ability to respond is greatly diminished.

For educators, school psychologists, and school counselors, who have traditionally relied heavily on in-person interactions to gauge and boost their students' well-being, this period poses unique challenges and high stakes.

"I think for school-based practitioners, our work has always been face to face with students," said Dede Bailer, the coordinator of psychological services at Virginia's Fairfax County public schools, one of the nation's largest districts. "So, for us, the absence of the opportunity to see students face to face has been our biggest obstacle."

Nationwide Shortages

Even before the coronavirus pandemic hit, many schools were straining under the burgeoning mental health demands of their students. In many areas, schools have become the de facto mental health-care providers for children.

"Unfortunately, there is a shortage of mental health providers in general in many communities and so more has fallen upon the schools to address the mental health needs of kids," said John Kelly, a school psychologist at the Commack school district in New York and a former board director for the National Association of School Psychologists.

Anxiety, depression, and suicide rates have been steadily growing among school-age children. At the same time, there is a national shortage of school psychologists, according to NASP, to meet the rising need.

Now, add to that social isolation, anxiety over parents losing jobs, fears of loved ones falling ill, no respite from conflicts with family, and grief over death or missing important milestones such as graduation. The culmination of all of that will have a corrosive effect on students' mental health, said Franci Crepeau-Hobson, a professor at Colorado University's School of Education and Human Development.

"This is such a different animal," she said of the current situation, "In that it's not what we would call an acute traumatic stressor-those have a discrete beginning and end. This has a potential for chronic traumatic stress where people are walking around in this state of elevated arousal."

Living day in and out in a fight-or-flight mode taxes the brain and the body, said Crepeau-Hobson.

"We can't access our cortex and higher-order thinking," she said. "We know that chronic stress is associated with all kinds of physical illnesses and diseases such as high blood pressure and diabetes ... Then [there is] this increased risk for anxiety disorders and depression because people feel hopeless."

Struggling to Keep Up

Now, with school buildings shuttered and in-person meetings largely banned, schools are struggling to provide anywhere near the same level of mental health support to students remotely as they did before the pandemic.

While over 90 percent of district leaders have a plan in place for continuing to support their students' mental health, less than a quarter say they've been able to meet students' needs to the same degree as before the pandemic, according to a recent survey by the Education Week Research Center. For urban schools, only 5 percent of superintendents say they have been able to provide the same level of mental health supports as before.

"The kids I'm most concerned about are the kids I haven't heard back from," said Shawna Rader-Kelly, a school psychologist at Bozeman High School in Bozeman, Mont. "The kids that are engaged in the learning and are in pretty supportive environments, they seem to be doing OK." For the others, "I'm not sure how to keep that support going except to keep checking in."

Rader-Kelly and one other school psychologist serve a school of 2,400 students. They're trying to keep tabs on the students they had already identified as at risk for mental health issues while also looking for warning signs among students who weren't previously having issues.

"We will look at a list of kids who were on our radar," she said. "But we're also reaching out to teachers and saying, 'if you have concerns because a kid hasn't engaged or a student has reached out to you' ... so they don't feel like they're on an island-trying to support a student who needs help. We're trying to open up those lines of communication so that we can continue to monitor those students that we've been concerned about but also keeping an eye open for students whose circumstances might have changed."

Privacy Issues Loom Large

Not being able to meet with students in person has been a big challenge for school psychologists and counselors. Another hurdle: It's tough to provide adequate confidentiality when meeting with students virtually.

Boston Public Schools is continuing to provide counseling services virtually to students and their parents. But it's not as simple as just hopping on a Zoom meeting, said Andria Amador, the director of Behavioral Health Services at Boston Public Schools.

"When you're seeing a child in your office at your school, you have a secure environment," she said. "But in a home where there are other kids or other family members, or some of our families who are homeless ... there may not be a physical location for the child to go and have a confidential conversation."

The district has been training its mental health staff since schools closed on how to provide teletherapy.

Instead of discussing deeply personal issues with students in ways that may run afoul of confidentiality rules, Amador said, school psychologists and counselors in her district are using that time to help students strengthen their coping skills-whether it be breathing exercises to manage anxiety, developing time-management strategies, or brainstorming ideas for how to get along with family members.

In Fairfax County, the district has started offering counseling sessions to all of the district's middle and high school students, regardless of whether they were previously considered at risk, as well as their parents. Parents can call in if they have concerns or are having issues with their children, said Bailer. So far, 60 percent of the appointments have been for parents.

On its COVID-19 resource page, the district also invites parents to submit tips and ideas for keeping families happy and occupied that the district then shares with other families.

Kelly, the school psychologist in New York, has focused on supporting teachers and parents, and helping them deal with their emotions so they can, in turn, help students.

"Kids will take their cue from the adults around them," he said. "Self-care is very important for adults."

While Kelly is giving teachers resources to teach students how to cope and regulate their emotions-such as breathing or mindfulness exercises-he is also encouraging the adults to model those skills, in addition to eating healthily and getting adequate sleep and exercise.

"We are a profession that wants to help others, and so we struggle and become frustrated and demand certain things that right now are not feasible or possible," said Kelly. "Instead of focusing on those limitations, really try to enhance or focus on the things that are possible: just maintaining those connections."

Relief for Some

For some select students, being out of school may have the reverse effect of improving their mental health, if they were being bullied or had extreme social or test anxiety before their school was shut down.

"I have had some students who are actually doing OK because we have removed some of the things that have caused them stress and anxiety-school and social situations," said Rader-Kelly.

Even at Sarah Pyle, the dropout recovery school, some students are excelling as they work remotely.

"We have kids who have gotten so many credits. ... There are a lot of kids this is really working for them," said their principal, MacBury.

But that seemingly bright spot quickly pales in comparison to the avalanche of needs students will likely have when they return to school. Many students will be trying to make up for lost learning time while coping with job loss or death in their families, say the psychologists Education Week spoke to for this article.

Nobody can really predict the extent to which the coronavirus pandemic will affect students' mental health long-term, but schools need to start planning for this right now, said Rader-Kelly, the school psychologist in Montana.

"Even though it is so ambiguous right now," said Rader-Kelly. "We have to talk about, how do we screen kids and support them when they return?"

The bottom line, said Amador, the director of Behavioral Health Services at Boston Public Schools, is that more school psychologists are needed "because when we come back from this there are going to be a lot of mental health needs."

Published in Print: May 13, 2020, as Schools Struggle to Meet Students' Mounting Mental-Health Needs

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Schools Struggle to Meet Students' Mounting Mental-Health Needs

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"We're screwed." That's what principal Kristina MacBury is hearing over and over again from her students at Sarah Pyle Academy. Sarah Pyle is a dropout-recovery program in Wilmington, Del., and its students, ages 16 to 21, face a lot of hardships in the best of times: They may be the primary breadwinners in their families.

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Reference: Prothero, A. (2018, October 18). Why Principals Need to Make Student Mental Health a Priority. Retrieved from https://www.edweek.org/ew/articles/2018/10/17/why-principals-need-to-make-student-mental.html

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Within the first eight days of school this year, three students in a suburban district East of Los Angeles killed themselves.

None of the deaths were related-the students had been from different schools, in different grades, and didn't appear to know one another.

But the quick succession of suicides left the community reeling.

"I'm not sure how to explain that, it's a punch to your gut. It's just absolutely unbelievable," said Mat Holton, the superintendent of the Chaffey Joint Union High School District. "But as a superintendent or a principal, you have to move into the mode of OK, what is our next step? How do we best help the kids? And you just move right into crisis mode."

Crisis mode meant deploying a school psychologist, a psychiatric therapist, and a counselor to each of the schools where the deceased students attended.

But it has been the principals of those schools who've taken on the most difficult role since the students' deaths.

In each case, principals immediately called the families of the students who died to offer condolences and to express ongoing support for them. They hung out in the classrooms to do what Holton calls the "empty chair" exercise. While acknowledging the vacant seat the deceased student was assigned to, the principals invited classmates to share their memories, emotions, and questions.

"It's really important in my philosophy that principals are out there leading this. The kids know them," Holton said. "In scenarios like this, kids are looking to that leader."

Rise of Mental-Health Needs

The tragedy in Chaffey Joint Union represents the most extreme manifestation of a growing problem in schools: the rise of mental-health needs among students.

An estimated 32 percent of adolescents have an anxiety disorder, according to the National Institute of Mental Health. Twelve percent of youth between the ages of 12 and 17 say they have experienced one major depressive episode in the past year, according to the U.S. Department of Health & Human Services.

The suicide rate among teenagers has been steadily on the rise since 2007. It's gone up 30 percent among 15- to 19-year-old boys and doubled among girls, according to data from the federal Centers for Disease Control and Prevention. It's the second leading cause of death in that age group.

But schools have had limited resources and expertise to deal with the wide range of mental-health needs that children and youth are now experiencing.

"If you look at education reform over the past decade-it's all been about achievement," said William Wong, the principal of Coolidge Elementary, a school in San Gabriel, Calif. "But there's another crisis brewing: it's mental health."

And principals are on the front lines of that crisis.

Just 20 percent of students diagnosed with mental disorders receive mental-health services, said Stephen Brock, a professor and school psychology program coordinator at California State University, Sacramento. And of those who do, the vast majority receive services from their school, said Brock, who formerly served as a president of the National Association of School Psychologists.

"Ninety percent of our nation's youth will go to a public school. It can be a very powerful resource for identifying and serving kids with mental-health challenges," said Brock.

But one of the biggest obstacles facing schools as they scramble to help students struggling with anxiety, depression, or even suicidal ideation, is that the country is facing a shortage of school psychologists.

The shortage-especially drastic in rural areas-has been created in large measure by the dwindling numbers of new school psychologists entering the field to replace those who are retiring, said Brock.

The Great Recession restricted the pipeline of school psychologists as universities scaled back or axed programs altogether. That trend, followed by more recent pressures on schools to identify students who might be prone to violence-a reaction to school shootings-has created more demand for mental health professionals from a smaller pool of applicants.

Currently, the national average is one school psychologist to 1,700 students, with some districts having as few as one per 6,000 students, according to NASP, which recommends a ratio of one school psychologist for every 500 to 700 students.

While there's consensus among the experts and educators Education Week spoke with that mental-health issues among students are on the rise, no one knows why.

But theories abound.

Social media is frequently cited as a potential cause. Research has shown a correlation between social media use and depression among teenagers. Another theory is that fear of school shootings is driving up anxiety among students. And there's the notion that there's more animosity in the news, politics, and society in general, said Wong. "We seem to have lost our collective heart as a society."

Still other causes could vary depending upon the student.

Immigrant students are suffering more anxiety over the "rhetoric around immigration and ICE raids," said Dale Erquiaga, the president and CEO of Communities in Schools, a national nonprofit that works to connect schools with community services. "The other is race. We hear a lot from our sites about African-American students... [that] race conversations in the country ratchets up their anxiety and anger."

Students in foster care are also at greater risk of anxiety and depression, said Holton, the superintendent. And the opioid crisis is putting a strain on students' mental health, said Katherine Cowan, NASP's communications director.

If there's a silver lining to all of this, it's that most of the experts Education Week spoke with agree there is less stigma around mental health in that more school leaders see it as an issue and want to address it.

What Principals Can Do

But what can principals do, especially as they juggle competing priorities disparate as raising achievement and ensuring that students, faculty, and parents feel like their school is safe from the possibility of a shooting or other violent act?

A three-tiered system of supports is the most important strategy to implement, say experts. The idea is to head off mental-health issues in students early before they metastasize into more serious problems.

To start, schools should provide basic mental-health support to all students, such as universal depression screenings from kindergarten through 12th grade.

This stage, which focuses on prevention, wellness, and building coping skills, is called Tier 1.

Tier 2 provides services for students who need more targeted help from mental health professionals, such as small group counseling.

Students are only moved into Tier 3-level services if they have chronic or intense mental-health needs that require medication, daily counseling or check-ins, or close coordination with a clinical professional such as a psychiatrist.

For this triage-like system to work well, a school needs a team of mental-health professionals that ideally would include a school psychologist, social worker, and counselor; a data specialist; a partnership with a community mental-health provider; and professional development for staff.

If implementing that tiered system seems too daunting or requires resources that schools don't have, there are other, lower-resource steps principals can take.

First, recommends Cowan, principals must know the particular risk factors of the student populations in their schools, and that they are using their school's mental-health professionals strategically.

A school psychologist should be included in hammering out solutions with the school's leadership team, said Cowan. Principals can shift some of a psychologist's workload, such as paperwork, to other qualified staff so they have more time to spend with students.

"Do we have mental-health professionals in the building? What are their assigned duties? Are our school counselors doing nothing but scheduling and college counseling?" said Cowan. "Is a school psychologist only spending their time working on special education? Can we help them free up their time from paperwork so they can work with more kids?"

If a school doesn't have mental-health professionals, Cowan suggests that principals in a district band together and lobby the school board for one. "Having principals become advocates around these issues is so important," she said.

Cowan also recommends that principals explore partnerships with local mental-health clinics.

Psychoeducation, which helps students and their parents understand a mental disorder and the options for effective treatment, is another a good investment.

"Ask the PTA to sponsor having that training done for parents," she said. "Make sure your health classes are teaching what the risk factors are. But you have to have a system in place when you find a kid who needs help."

Holton is trying something new in the wake of the three student suicides. During Suicide Prevention and Awareness month in September, principals planned a host of activities and lessons for students. Then the principals passed out small cards with a suicide hotline number for students to keep in their wallets.

Holton said it's important for students to have many ways to reach out for help, in case they aren't comfortable going to their principal or school psychologist.

But, should a student's mental-health struggles reach the most tragic conclusion, Holton says the single most important thing a principal can do is call the family of the student who died by suicide.

"I have found that people are afraid to contact the parents, even friends. We are often the first person they hear from outside of immediate family," said Holton. "That family deserves to hear that you care about them and what your plans are to support them and those who they knew."

Published in Print: October 17, 2018, as What Principals Can Do About a 'Brewing Crisis' of Student Mental Health

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Correction:

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special report: principals under pressure

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Why Principals Need to Make Student Mental Health a Priority

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Within the first eight days of school this year, three students in a suburban district East of Los Angeles killed themselves. None of the deaths were related-the students had been from different schools, in different grades, and didn't appear to know one another. But the quick succession of suicides left the community reeling.

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State Statutory Law-
Texas Education Code-
Mental Health Promotion and Intervention (HB 18)

Reference: Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention, Tex. Educ. Code § 38.351

This law that using the list created by the Health and Human Services Commission and regional education service centers, each school district must implement a program that it includes early mental health prevention and interventions, building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making, substance abuse prevention and interventions,  suicide prevention, intervention, and postvention, grief-informed and trauma-informed practices, positive school climates, positive behavior interventions and supports, positive youth development and safe, supportive, and positive school climate. This law also says each school district shall provide training for teachers, school counselors, principals, and all other appropriate personnel.

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE G. SAFE SCHOOLS



CHAPTER 38. HEALTH AND SAFETY



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS. (a) Each student shall be fully immunized against diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis, except as provided by Subsection (c).


Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 43 (H.B. 1098), Sec. 1



(b) Subject to Subsections (b-1) and (c), the executive commissioner of the Health and Human Services Commission may modify or delete any of the immunizations in Subsection (a) or may require immunizations against additional diseases as a requirement for admission to any elementary or secondary school.


Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 94 (H.B. 1059), Sec. 2



(b) Subject to Subsection (c), the Department of State Health Services may modify or delete any of the immunizations in Subsection (a) or may require immunizations against additional diseases as a requirement for admission to any elementary or secondary school.


(b-1) Each year, the Department of State Health Services shall prepare a list of the immunizations required under this section for admission to public schools and of any additional immunizations the department recommends for school-age children. The department shall prepare the list in English and Spanish and make the list available in a manner that permits a school district to easily post the list on the district's Internet website as required by Section 38.019.


(c) Immunization is not required for a person's admission to any elementary or secondary school if the person applying for admission:


(1) submits to the admitting official:


(A) an affidavit or a certificate signed by a physician who is duly registered and licensed to practice medicine in the United States, in which it is stated that, in the physician's opinion, the immunization required poses a significant risk to the health and well-being of the applicant or any member of the applicant's family or household; or


(B) an affidavit signed by the applicant or, if a minor, by the applicant's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief; or


(2) is a member of the armed forces of the United States and is on active duty.


(c-1) An affidavit submitted under Section (c)(1)(B) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted to the admitting official not later than the 90th day after the date the affidavit is notarized.


(d) The Department of State Health Services shall provide the required immunization to children in areas where no local provision exists to provide those services.


(e) A person may be provisionally admitted to an elementary or secondary school if the person has begun the required immunizations and if the person continues to receive the necessary immunizations as rapidly as is medically feasible. The Department of State Health Services shall adopt rules relating to the provisional admission of persons to an elementary or secondary school.


(f) A person who has not received the immunizations required by this section for reasons of conscience, including because of the person's religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.160, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 43 (H.B. 1098), Sec. 1, eff. May 8, 2007.


Acts 2007, 80th Leg., R.S., Ch. 94 (H.B. 1059), Sec. 2, eff. May 15, 2007.


Sec. 38.002. IMMUNIZATION RECORDS; REPORTING. (a) Each public school shall keep an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by the Texas Education Agency or by representatives of local health departments or the Texas Department of Health.


(b) Each public school shall cooperate in transferring students' immunization records to other schools. Specific approval from students, parents, or guardians is not required before transferring those records.


(c) The Texas Education Agency and the Texas Department of Health shall develop the form for a required annual report of the immunization status of students. The report shall be submitted by all schools at the time and in the manner indicated in the instructions printed on the form.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS INFORMATION. (a) The Department of State Health Services shall prescribe procedures by which each school district shall provide information relating to bacterial meningitis to its students and their parents each school year. The procedures must ensure that the information is reasonably likely to come to the attention of the parents of each student. The department shall prescribe the form and content of the information. The information must cover:


(1) the symptoms of the disease, how it may be diagnosed, and its possible consequences if untreated;


(2) how the disease is transmitted, how it may be prevented, and the relative risk of contracting the disease for primary and secondary school students;


(3) the availability and effectiveness of vaccination against and treatment for the disease, and a brief description of the risks and possible side effects of vaccination; and


(4) sources of additional information regarding the disease, including any appropriate office of the school district and the appropriate office of the department.


(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 2, eff. June 14, 2019.


(c) A school district, with the written consent of the Department of State Health Services, may provide the information required by this section to its students and their parents by a method different from the method prescribed by the department under Subsection (a) if the department determines that method would be effective in bringing the information to the attention of the parents of each student.


Added by Acts 2001, 77th Leg., ch. 219, Sec. 2, eff. May 22, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1187 (H.B. 3884), Sec. 2, eff. June 14, 2019.


Sec. 38.003. SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS. (a) Students enrolling in public schools in this state shall be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education. The program must include screening at the end of the school year of each student in kindergarten and each student in the first grade.


(b) In accordance with the program approved by the State Board of Education, the board of trustees of each school district shall provide for the treatment of any student determined to have dyslexia or a related disorder.


(b-1) Unless otherwise provided by law, a student determined to have dyslexia during screening or testing under Subsection (a) or accommodated because of dyslexia may not be rescreened or retested for dyslexia for the purpose of reassessing the student's need for accommodations until the district reevaluates the information obtained from previous screening or testing of the student.


(c) Subject to Subsection (c-1), the State Board of Education shall adopt any rules and standards necessary to administer this section.


(c-1) The agency by rule shall develop procedures designed to allow the agency to:


(1) effectively audit and monitor and periodically conduct site visits of all school districts to ensure that districts are complying with this section, including the program approved by the State Board of Education under this section;


(2) identify any problems school districts experience in complying with this section, including the program approved by the State Board of Education under this section; and


(3) develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of this section are accomplished.


(d) In this section:


(1) "Dyslexia" means a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity.


(2) "Related disorders" includes disorders similar to or related to dyslexia, such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 3, eff. June 17, 2011.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 5, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 3, eff. June 4, 2019.


Sec. 38.0031. CLASSROOM TECHNOLOGY PLAN FOR STUDENTS WITH DYSLEXIA. (a) The agency shall establish a committee to develop a plan for integrating technology into the classroom to help accommodate students with dyslexia. The plan must:


(1) determine the classroom technologies that are useful and practical in assisting public schools in accommodating students with dyslexia, considering budget constraints of school districts; and


(2) develop a strategy for providing those effective technologies to students.


(b) The agency shall provide the plan and information about the availability and benefits of the technologies identified under Subsection (a)(1) to school districts.


(c) A member of the committee established under Subsection (a) is not entitled to reimbursement for travel expenses incurred by the member under this section unless agency funds are available for that purpose.


Added by Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 4, eff. June 17, 2011.


Sec. 38.0032. DYSLEXIA TRAINING OPPORTUNITIES. (a) The agency shall annually develop a list of training opportunities regarding dyslexia that satisfy the requirements of Section 21.054(b). The list of training opportunities must include at least one opportunity that is available online.


(b) A training opportunity included in the list developed under Subsection (a) must:


(1) comply with the knowledge and practice standards of an international organization on dyslexia; and


(2) enable an educator to:


(A) understand and recognize dyslexia; and


(B) implement instruction that is systematic, explicit, and evidence-based to meet the educational needs of a student with dyslexia.


Added by Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 6, eff. June 15, 2017.


Sec. 38.004. CHILD ABUSE REPORTING AND PROGRAMS. (a) The agency shall develop a policy governing the reports of child abuse or neglect, including reports related to the trafficking of a child under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, as required by Chapter 261, Family Code, for school districts, open-enrollment charter schools, and their employees. The policy must provide for cooperation with law enforcement child abuse investigations without the consent of the child's parents if necessary, including investigations by the Department of Family and Protective Services. The policy must require each school district and open-enrollment charter school employee to report child abuse or neglect, including the trafficking of a child under Section 20A.02(a)(5) or (7), Penal Code, in the manner required by Chapter 261, Family Code. Each school district and open-enrollment charter school shall adopt the policy.


(a-1) The agency shall:


(1) maintain on the agency Internet website a list of links to websites that provide information regarding the prevention of child abuse; and


(2) develop and periodically update a training program on prevention of child abuse that a school district may use for staff development.


(b) Each school district shall provide child abuse antivictimization programs in elementary and secondary schools.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 561 (S.B. 1456), Sec. 1, eff. June 16, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 6, eff. September 1, 2015.


Sec. 38.0041. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER MALTREATMENT OF CHILDREN. (a) Each school district and open-enrollment charter school shall adopt and implement a policy addressing sexual abuse, sex trafficking, and other maltreatment of children, to be included in the district improvement plan under Section 11.252 and any informational handbook provided to students and parents.


(a-1) A school district may collaborate with local law enforcement and outside consultants with expertise in the prevention of sexual abuse and sex trafficking to create the policy required under Subsection (a), and to create a referral protocol for high-risk students.


(b) A policy required by this section must address:


(1) methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, sex trafficking, and other maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, sex trafficking, or other maltreatment, using resources developed by the agency or the commissioner regarding those issues, including resources developed by the agency under Section 38.004;


(2) actions that a child who is a victim of sexual abuse, sex trafficking, or other maltreatment should take to obtain assistance and intervention; and


(3) available counseling options for students affected by sexual abuse, sex trafficking, or other maltreatment.


(c) The methods under Subsection (b)(1) for increasing awareness of issues regarding sexual abuse, sex trafficking, and other maltreatment of children must include training, as provided by this subsection, concerning prevention techniques for and recognition of sexual abuse, sex trafficking, and all other maltreatment of children, including the sexual abuse, sex trafficking, and other maltreatment of children with significant cognitive disabilities. The training:


(1) must be provided, as part of a new employee orientation, to all new school district and open-enrollment charter school employees and to existing district and open-enrollment charter school employees on a schedule adopted by the agency by rule until all district and open-enrollment charter school employees have taken the training; and


(2) must include training concerning:


(A) factors indicating a child is at risk for sexual abuse, sex trafficking, or other maltreatment;


(B) likely warning signs indicating a child may be a victim of sexual abuse, sex trafficking, or other maltreatment;


(C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, sex trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional;


(D) techniques for reducing a child's risk of sexual abuse, sex trafficking, or other maltreatment; and


(E) community organizations that have relevant existing research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff members, students, and parents.


(d) For any training under Subsection (c), each school district and open-enrollment charter school shall maintain records that include the name of each district or charter school staff member who participated in the training.


(e) If a school district or open-enrollment charter school determines that the district or charter school does not have sufficient resources to provide the training required under Subsection (c), the district or charter school shall work in conjunction with a community organization to provide the training at no cost to the district or charter school.


(f) The training under Subsection (c) may be included in staff development under Section 21.451.


(g) A school district or open-enrollment charter school employee may not be subject to any disciplinary proceeding, as defined by Section 22.0512(b), resulting from an action taken in compliance with this section. The requirements of this section are considered to involve an employee's judgment and discretion and are not considered ministerial acts for purposes of immunity from liability under Section 22.0511. Nothing in this section may be considered to limit the immunity from liability provided under Section 22.0511.


(h) For purposes of this section, "other maltreatment" has the meaning assigned by Section 42.002, Human Resources Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 1115 (H.B. 1041), Sec. 2, eff. June 19, 2009.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1323 (S.B. 471), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 34, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 2, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 762 (S.B. 2039), Sec. 2, eff. June 12, 2017.


Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 303 (H.B. 111), Sec. 1, eff. May 31, 2019.


Sec. 38.0042. POSTING CHILD ABUSE HOTLINE TELEPHONE NUMBER. (a) Each public school and open-enrollment charter school shall post in a clearly visible location in a public area of the school that is readily accessible to students a sign in English and in Spanish that contains the toll-free telephone number operated by the Department of Family and Protective Services to receive reports of child abuse or neglect.


(b) The commissioner may adopt rules relating to the size and location of the sign required by Subsection (a).


Added by Acts 2013, 83rd Leg., R.S., Ch. 592 (S.B. 939), Sec. 3, eff. September 1, 2013.


Sec. 38.005. PROTECTIVE EYE DEVICES IN PUBLIC SCHOOLS. Each teacher and student must wear industrial-quality eye-protective devices in appropriate situations as determined by school district policy.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL PROPERTY. (a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code.


(b) The board of trustees of a school district shall:


(1) prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property;


(2) prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and


(3) ensure that school personnel enforce the policies on school property.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 38, eff. October 1, 2015.


Sec. 38.007. ALCOHOL-FREE SCHOOL ZONES. (a) The board of trustees of a school district shall prohibit the use of alcoholic beverages at a school-related or school-sanctioned activity on or off school property.


(a-1) This section does not apply to a performing arts facility leased to a nonprofit organization for an event as provided by Section 11.179.


(b) The board of trustees of a school district shall attempt to provide a safe alcohol-free environment to students coming to or going from school. The board of trustees may cooperate with local law enforcement officials and the Texas Alcoholic Beverage Commission in attempting to provide this environment and in enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage Code. Additionally, the board, if a majority of the area of a district is located in a municipality with a population of 900,000 or more, may petition the commissioners court of the county in which the district is located or the governing board of an incorporated city or town in which the district is located to adopt a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 4, eff. September 1, 2019.


Sec. 38.008. POSTING OF STEROID LAW NOTICE. Each school in a school district in which there is a grade level of seven or higher shall post in a conspicuous location in the school gymnasium and each other place in a building where physical education classes are conducted the following notice:


Anabolic steroids are for medical use only. State law prohibits possessing, dispensing, delivering, or administering an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.050, eff. September 1, 2009.


Sec. 38.009. ACCESS TO MEDICAL RECORDS. (a) A school administrator, nurse, or teacher is entitled to access to a student's medical records maintained by the school district for reasons determined by district policy.


(b) A school administrator, nurse, or teacher who views medical records under this section shall maintain the confidentiality of those medical records.


(c) This section does not authorize a school administrator, nurse, or teacher to require a student to be tested to determine the student's medical condition or status.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 38.0095. PARENTAL ACCESS TO MEDICAL RECORDS. (a) A parent or guardian of a student is entitled to access to the student's medical records maintained by a school district.


(b) On request of a student's parent or guardian, the school district shall provide a copy of the student's medical records to the parent or guardian. The district may not impose a charge for providing the copy that exceeds the charge authorized by Section 552.261, Government Code, for providing a copy of public information.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 3, eff. June 19, 1999.


Sec. 38.010. OUTSIDE COUNSELORS. (a) A school district or school district employee may not refer a student to an outside counselor for care or treatment of a chemical dependency or an emotional or psychological condition unless the district:


(1) obtains prior written consent for the referral from the student's parent;


(2) discloses to the student's parent any relationship between the district and the outside counselor;


(3) informs the student and the student's parent of any alternative public or private source of care or treatment reasonably available in the area;


(4) requires the approval of appropriate school district personnel before a student may be referred for care or treatment or before a referral is suggested as being warranted; and


(5) specifically prohibits any disclosure of a student record that violates state or federal law.


(b) In this section, "parent" includes a managing conservator or guardian.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 38.0101. AUTHORITY TO EMPLOY OR CONTRACT WITH NONPHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A school district may employ or contract with one or more nonphysician mental health professionals.


(b) In this section, "nonphysician mental health professional" means:


(1) a psychologist licensed to practice in this state and designated as a health-service provider;


(2) a registered nurse with a master's or doctoral degree in psychiatric nursing;


(3) a licensed clinical social worker;


(4) a professional counselor licensed to practice in this state; or


(5) a marriage and family therapist licensed to practice in this state.


Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.12, eff. December 1, 2019.


Sec. 38.011. DIETARY SUPPLEMENTS. (a) A school district employee may not:


(1) knowingly sell, market, or distribute a dietary supplement that contains performance enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee's school district duties; or


(2) knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by a primary or secondary education student with whom the employee has contact as part of the employee's school district duties.


(b) This section does not prohibit a school district employee from:


(1) providing or endorsing a dietary supplement that contains performance enhancing compounds to, or suggesting the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by, the employee's child; or


(2) selling, marketing, or distributing a dietary supplement that contains performance enhancing compounds to, or endorsing or suggesting the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by, a primary or secondary education student as part of activities that:


(A) do not occur on school property or at a school-related function;


(B) are entirely separate from any aspect of the employee's employment with the school district; and


(C) do not in any way involve information about or contacts with students that the employee has had access to, directly or indirectly, through any aspect of the employee's employment with the school district.


(c) A person who violates this section commits an offense. An offense under this section is a Class C misdemeanor.


(d) In this section:


(1) "Dietary supplement" has the meaning assigned by 21 U.S.C. Section 321 and its subsequent amendments.


(2) "Performance enhancing compound" means a manufactured product for oral ingestion, intranasal application, or inhalation that:


(A) contains a stimulant, amino acid, hormone precursor, herb or other botanical, or any other substance other than an essential vitamin or mineral; and


(B) is intended to increase athletic or intellectual performance, promote muscle growth, or increase an individual's endurance or capacity for exercise.


Added by Acts 1999, 76th Leg., ch. 1086, Sec. 1, eff. Sept. 1, 1999.


Sec. 38.012. NOTICE CONCERNING HEALTH CARE SERVICES. (a) Before a school district or school may expand or change the health care services available at a school in the district from those that were available on January 1, 1999, the board of trustees must:


(1) hold a public hearing at which the board discloses all information on the proposed health care services, including:


(A) all health care services to be provided;


(B) whether federal law permits or requires any health care service provided to be kept confidential from parents;


(C) whether a child's medical records will be accessible to the child's parent;


(D) information concerning grant funds to be used;


(E) the titles of persons who will have access to the medical records of a student; and


(F) the security measures that will be used to protect the privacy of students' medical records; and


(2) approve the expansion or change by a record vote.


(b) A hearing under Subsection (a) must include an opportunity for public comment on the proposal.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 2, eff. June 19, 1999.


Sec. 38.013. COORDINATED HEALTH PROGRAM FOR ELEMENTARY, MIDDLE, AND JUNIOR HIGH SCHOOL STUDENTS. (a) The agency shall make available to each school district one or more coordinated health programs in elementary school, middle school, and junior high school. Each program must provide for coordinating education and services related to:


(1) physical health education, including programs designed to prevent obesity, cardiovascular disease, oral diseases, and Type 2 diabetes and programs designed to promote the role of proper nutrition;


(2) mental health education, including education about mental health conditions, mental health well-being, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making;


(3) substance abuse education, including education about alcohol abuse, prescription drug abuse, and abuse of other controlled substances;


(4) physical education and physical activity; and


(5) parental involvement.


(a-1) The commissioner by rule shall adopt criteria for evaluating a coordinated health program before making the program available under Subsection (a). Before adopting the criteria, the commissioner shall request review and comment concerning the criteria from the Department of State Health Services School Health Advisory Committee. The commissioner may make available under Subsection (a) only those programs that meet criteria adopted under this subsection.


(b) The agency shall notify each school district of the availability of the programs.


(c) The commissioner by rule shall adopt criteria for evaluating the nutritional services component of a program under this section that includes an evaluation of program compliance with the Department of Agriculture guidelines relating to foods of minimal nutritional value.


Added by Acts 2001, 77th Leg., ch. 907, Sec. 3, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 944, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 3, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 4, eff. June 17, 2005.


Acts 2013, 83rd Leg., R.S., Ch. 1399 (H.B. 2483), Sec. 1, eff. June 14, 2013.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.13, eff. December 1, 2019.


Sec. 38.014. IMPLEMENTATION OF COORDINATED HEALTH PROGRAM FOR ELEMENTARY, MIDDLE, AND JUNIOR HIGH SCHOOL STUDENTS. (a) Each school district shall:


(1) participate in appropriate training for the implementation of the program approved by the agency under Section 38.013; and


(2) implement the program in each elementary school, middle school, and junior high school in the district.


(b) The agency, in cooperation with the Texas Department of Health, shall adopt a schedule for regional education service centers to provide necessary training under this section.


Added by Acts 2001, 77th Leg., ch. 907, Sec. 3, eff. June 14, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 5, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 6, eff. June 17, 2005.


Sec. 38.0141. REPORTING OF CERTAIN HEALTH AND SAFETY INFORMATION REQUIRED. (a) Each school district shall provide to the agency information as required by the commissioner, including statistics and data, relating to student health and physical activity and information described by Sections 28.004(k)(2), (3), and (4) presented in a form determined by the commissioner. The district shall provide the information required by this subsection for the district and for each campus in the district.


(b) Not later than one year after the agency receives the information required by Subsection (a), the commissioner shall complete a report on physical education provided by each school district and publish the report on the agency's Internet website.


(c) The report must include:


(1) the number of physical education classes offered at each campus in the district and detail the number of days, classes, and minutes offered each week by each campus;


(2) the ratio of students enrolled in physical education classes in the district compared to the overall enrollment;


(3) the average physical education class size at each campus in the district;


(4) the number of physical education teachers in the district who are licensed, certified, or endorsed by an accredited teacher preparation program to teach physical education;


(5) whether each campus in the district has the appropriate equipment and adequate facilities for students to engage in the amount and intensity of physical activity required under Section 28.002;


(6) whether the district allows modifications or accommodations that allow physical education courses to meet the needs of students with disabilities; and


(7) whether the district has a policy that allows teachers or administrators in the district to withhold physical activity from a student as punishment.


Added by Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 7, eff. June 17, 2005.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1126 (S.B. 1873), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 3.02, eff. December 1, 2019.


Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR ANAPHYLAXIS MEDICINE BY STUDENTS. (a) In this section:


(1) "Parent" includes a person standing in parental relation.


(2) "Self-administration of prescription asthma or anaphylaxis medicine" means a student's discretionary use of prescription asthma or anaphylaxis medicine.


(b) A student with asthma or anaphylaxis is entitled to possess and self-administer prescription asthma or anaphylaxis medicine while on school property or at a school-related event or activity if:


(1) the prescription medicine has been prescribed for that student as indicated by the prescription label on the medicine;


(2) the student has demonstrated to the student's physician or other licensed health care provider and the school nurse, if available, the skill level necessary to self-administer the prescription medication, including the use of any device required to administer the medication;


(3) the self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and


(4) a parent of the student provides to the school:


(A) a written authorization, signed by the parent, for the student to self-administer the prescription medicine while on school property or at a school-related event or activity; and


(B) a written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:


(i) that the student has asthma or anaphylaxis and is capable of self-administering the prescription medicine;


(ii) the name and purpose of the medicine;


(iii) the prescribed dosage for the medicine;


(iv) the times at which or circumstances under which the medicine may be administered; and


(v) the period for which the medicine is prescribed.


(c) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.


(d) This section does not:


(1) waive any liability or immunity of a governmental unit or its officers or employees; or


(2) create any liability for or a cause of action against a governmental unit or its officers or employees.


(e) The commissioner may adopt rules and prescribe forms to assist in the implementation of this section.


Added by Acts 2001, 77th Leg., ch. 511, Sec. 1, eff. June 11, 2001. Renumbered from Education Code Sec. 38.013 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(19), eff. Sept. 1, 2003.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 10.01, eff. May 31, 2006.


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 10.02, eff. May 31, 2006.


Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS. (a) The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on "Guidelines for the Care of Students With Food Allergies At-Risk for Anaphylaxis" developed by the commissioner of state health services under this section and updated by the commissioner of state health services in consultation with an ad hoc committee appointed by the commissioner of state health services as provided by Section 38.0152. The guidelines and any recommendation to update the guidelines regarding medical treatment or therapy must be scientifically valid.


(b) A school district or open-enrollment charter school shall annually review and, as necessary, revise its policy for the care of students with a diagnosed food allergy at risk for anaphylaxis to ensure the policy is consistent with the most current version of the guidelines described by Subsection (a).


(c) The guidelines described by Subsection (a) may not:


(1) require a school district or open-enrollment charter school to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district or charter school; or


(2) require the personnel of a district or charter school to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.


(d) This section does not:


(1) waive any liability or immunity of a governmental entity or its officers or employees; or


(2) create any liability for or a cause of action against a governmental entity or its officers or employees.


(e) The agency shall post the guidelines described by Subsection (a) on the agency's website with any other information relating to students with special health needs. The information posted by the agency must include a summary of the guidelines. The agency shall annually review and, as necessary, revise the summary and any other information to reflect the most current version of the guidelines.


(f) A school district or open-enrollment charter school that provides for the maintenance, administration, and disposal of epinephrine auto-injectors under Subchapter E is not required to comply with this section.


(g) Each school year, the board of trustees of each school district and the governing body of each open-enrollment charter school shall post a summary of the guidelines on the district's or school's Internet website, including instructions on obtaining access to the complete guidelines document. The district's or school's website must be accessible by each student enrolled in the district or school and a parent or guardian of each student. Any forms used by a district or school requesting information from a parent or guardian enrolling a child with a food allergy in the district or school must include information to access on the district's or school's Internet website a summary of the guidelines and instructions on obtaining access to the complete guidelines document.


(h) The guidelines described by Subsection (a) may not:


(1) require a school district or open-enrollment charter school to purchase treatments approved by the United States Food and Drug Administration or make any other expenditure that would result in a negative fiscal impact on the district or school; or


(2) require the personnel of a district or school to administer treatments approved by the United States Food and Drug Administration to a student unless the medication is prescribed for that student by the student's physician.


(i) This section does not:


(1) waive any liability or immunity of a school district or open-enrollment charter school or district or school officers or employees; or


(2) create any liability for or a cause of action against a school district or open-enrollment charter school or district or school officers or employees.


(j) Notwithstanding any other law, this section, including any information or materials developed under this section and the dissemination of information or materials developed under this section, does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides the basis for a cause of action.


Added by Acts 2011, 82nd Leg., R.S., Ch. 590 (S.B. 27), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 3, eff. May 28, 2015.


Acts 2019, 86th Leg., R.S., Ch. 975 (S.B. 869), Sec. 1, eff. June 14, 2019.


Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section:


(1) "Commissioner" means the commissioner of state health services.


(2) "Department" means the Department of State Health Services.


(3) "Guidelines" means "Guidelines for the Care of Students With Food Allergies At-Risk for Anaphylaxis" on which school district and open-enrollment charter school policies for the care of students with a diagnosed food allergy at risk for anaphylaxis are based as provided by Section 38.0151.


(b) The commissioner shall appoint members to an ad hoc committee to consult with the commissioner on updating the current guidelines to incorporate and specifically reference any new food-allergy management best practices and treatments, including new methods, treatments, and therapies to reduce the risk of allergic reactions.


(c) The committee must include:


(1) not more than one representative from:


(A) the department; and


(B) the Texas Nurses Association;


(2) at least two individuals from one or more national patient advocacy organizations representing the interests of food allergies, anaphylaxis, and related medical issues, including asthma;


(3) one principal of a public elementary school campus at which one or more students with a diagnosed food allergy at risk for anaphylaxis are enrolled;


(4) one classroom teacher employed at a public elementary school campus at which one or more students with a diagnosed food allergy at risk for anaphylaxis are enrolled;


(5) one superintendent of a school district;


(6) one member of a board of trustees of a school district;


(7) one member of a governing body of an open-enrollment charter school;


(8) at least two parents of public school students with a diagnosed food allergy at risk for anaphylaxis;


(9) at least four physicians board certified in allergy and immunology by the American Board of Allergy and Immunology; and


(10) at least one physician board certified in general pediatrics by the American Board of Pediatrics who is a member of a statewide pediatric organization.


(d) Ad hoc committee members shall serve for a period determined by the commissioner. On the resignation of a member of the committee or the removal of a member from the committee by the commissioner, the commissioner shall appoint a new member to the committee who qualifies for the committee in the same manner that the member who resigned or is removed qualified.


(e) Section 2110.005, Government Code, does not apply to the ad hoc committee appointed under this section.


(f) Any recommendations on updating the current guidelines regarding medical treatment or therapies must be submitted by the physicians directly to the commissioner, provided that those recommendations may only be submitted to the commissioner if approved by a majority of the physicians serving on the committee.


(g) At least once every three years, the commissioner shall order a meeting of the committee to update the guidelines to incorporate any new food-allergy management best practices and treatments.


(h) The commissioner may order a meeting of the committee at any time the commissioner determines necessary for the committee to:


(1) discuss the protection of students with food allergies at risk for anaphylaxis; and


(2) update the guidelines.


Added by Acts 2019, 86th Leg., R.S., Ch. 975 (S.B. 869), Sec. 2, eff. June 14, 2019.


Sec. 38.016. PSYCHOTROPIC DRUGS AND PSYCHIATRIC EVALUATIONS OR EXAMINATIONS. (a) In this section:


(1) "Nonphysician mental health professional" has the meaning assigned by Section 38.0101.


(2) "Parent" includes a guardian or other person standing in parental relation.


(3) "Psychotropic drug" means a substance that is:


(A) used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and


(B) intended to have an altering effect on perception, emotion, or behavior.


(b) A school district employee may not:


(1) recommend that a student use a psychotropic drug; or


(2) suggest any particular diagnosis; or


(3) use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.


(c) Subsection (b) does not:


(1) prevent an appropriate referral under the child find system required under 20 U.S.C. Section 1412, as amended;


(2) prohibit a school district employee, or an employee of an entity with which the district contracts, who is a registered nurse, advanced nurse practitioner, physician, or nonphysician mental health professional licensed or certified to practice in this state from recommending that a child be evaluated by a physician or nonphysician mental health professional; or


(3) prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee.


(d) The board of trustees of each school district shall adopt a policy to ensure implementation and enforcement of this section.


(e) An act in violation of Subsection (b) does not override the immunity from personal liability granted in Section 22.0511 or other law or the district's sovereign and governmental immunity.


Added by Acts 2003, 78th Leg., ch. 1058, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.008, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.14, eff. December 1, 2019.


Sec. 38.017. AVAILABILITY OF AUTOMATED EXTERNAL DEFIBRILLATOR. (a) Each school district shall make available at each campus in the district at least one automated external defibrillator, as defined by Section 779.001, Health and Safety Code. A campus defibrillator must be readily available during any University Interscholastic League athletic competition held on the campus. In determining the location at which to store a campus defibrillator, the principal of the campus shall consider the primary location on campus where students engage in athletic activities.


(b) To the extent practicable, each school district, in cooperation with the University Interscholastic League, shall make reasonable efforts to ensure that an automated external defibrillator is available at each University Interscholastic League athletic practice held at a district campus. If a school district is not able to make an automated external defibrillator available in the manner provided by this subsection, the district shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic practice held at a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information.


(c) Each school district, in cooperation with the University Interscholastic League, shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic competition held at a location other than a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information and whether emergency services personnel are present at the athletic competition under a contract with the school district.


(d) Each school district shall ensure the presence at each location at which an automated external defibrillator is required under Subsection (a), (b), or (c) of at least one campus or district employee trained in the proper use of the defibrillator at any time a substantial number of district students are present at the location.


(e) A school district shall ensure that an automated external defibrillator is used and maintained in accordance with standards established under Chapter 779, Health and Safety Code.


(f) This section does not:


(1) waive any immunity from liability of a school district or its officers or employees;


(2) create any liability for or a cause of action against a school district or its officers or employees; or


(3) waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code.


(g) This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall:


(1) make available at the school at least one automated external defibrillator; and


(2) in coordination with the Texas Association of Private and Parochial Schools, adopt a policy concerning the availability of an automated external defibrillator at athletic competitions and practices in a manner consistent with the requirements prescribed by this section, including the training and maintenance requirements prescribed by this section.


(h) A school district may seek and accept gifts, grants, or other donations to pay the district's cost of purchasing automated external defibrillators required under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 6, eff. June 15, 2007.


Sec. 38.018. PROCEDURES REGARDING RESPONSE TO CARDIAC ARREST. (a) Each school district and private school shall develop safety procedures for a district or school employee or student to follow in responding to a medical emergency involving cardiac arrest, including the appropriate response time in administering cardiopulmonary resuscitation, using an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, or calling a local emergency medical services provider.


(b) A private school is required to develop safety procedures under this section only if the school receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator.


Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 6, eff. June 15, 2007.


Sec. 38.0181. CARDIOVASCULAR SCREENING PILOT PROGRAM. (a) In this section, "pilot program" means the cardiovascular screening pilot program.


(b) The commissioner shall establish a pilot program under which sixth grade students at participating campuses are administered a cardiovascular screening, including an electrocardiogram and an echocardiogram.


(c) The commissioner shall select campuses to participate in the pilot program. In selecting campuses, the commissioner shall ensure that the cardiovascular screening is administered to an ethnically diverse range of students.


(d) The commissioner may accept grants and donations for use in administering the pilot program.


(e) The commissioner shall require a participating campus to provide the results of a student's cardiovascular screening to the student's parent or guardian.


(f) Expired.


(g) The commissioner may adopt rules necessary to administer this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 6, eff. June 15, 2007.


Renumbered from Education Code, Section 38.019 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(6), eff. September 1, 2009.


Sec. 38.019. IMMUNIZATION AWARENESS PROGRAM. (a) A school district that maintains an Internet website shall post prominently on the website:


(1) a list, in English and Spanish, of:


(A) the immunizations required for admission to public school by rules of the Department of State Health Services adopted under Section 38.001;


(B) any immunizations or vaccines recommended for public school students by the Department of State Health Services; and


(C) health clinics in the district that offer the influenza vaccine, to the extent those clinics are known to the district; and


(2) a link to the Department of State Health Services Internet website where a person may obtain information relating to the procedures for claiming an exemption from the immunization requirements of Section 38.001.


(a-1) The link to the Department of State Health Services Internet website provided under Subsection (a)(2) must be presented in the same manner as the information provided under Subsection (a)(1).


(b) The list of recommended immunizations or vaccines under Subsection (a)(2) must include the influenza vaccine, unless the Department of State Health Services requires the influenza vaccine for admission to public school.


Added by Acts 2007, 80th Leg., R.S., Ch. 94 (H.B. 1059), Sec. 3, eff. May 15, 2007.


Sec. 38.021. USE OF SUNSCREEN PRODUCTS. (a) A student may possess and use a topical sunscreen product while on school property or at a school-related event or activity to avoid overexposure to the sun and not for the medical treatment of an injury or illness if the product is approved by the federal Food and Drug Administration for over-the-counter use.


(b) This section does not:


(1) waive any immunity from liability of a school district, its board of trustees, or its employees; or


(2) create any liability for or a cause of action against a school district, its board of trustees, or its employees.


Added by Acts 2015, 84th Leg., R.S., Ch. 1139 (S.B. 265), Sec. 1, eff. June 19, 2015.


Sec. 38.022. SCHOOL VISITORS. (a) A school district may require a person who enters a district campus to display the person's driver's license or another form of identification containing the person's photograph issued by a governmental entity.


(b) A school district may establish an electronic database for the purpose of storing information concerning visitors to district campuses. Information stored in the electronic database may be used only for the purpose of school district security and may not be sold or otherwise disseminated to a third party for any purpose.


(c) A school district may verify whether a visitor to a district campus is a sex offender registered with the computerized central database maintained by the Department of Public Safety as provided by Article 62.005, Code of Criminal Procedure, or any other database accessible by the district.


(d) The board of trustees of a school district shall adopt a policy regarding the action to be taken by the administration of a school campus when a visitor is identified as a sex offender.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 12, eff. June 15, 2007.


Sec. 38.023. LIST OF RESOURCES CONCERNING INTERNET SAFETY. The agency shall develop and make available to school districts a list of resources concerning Internet safety, including a list of organizations and Internet websites that may assist in educating teachers and students about:


(1) the potential dangers of allowing personal information to appear on an Internet website;


(2) the significance of copyright laws; and


(3) the consequences of cyber-plagiarism and theft of audiovisual works, including motion pictures, software, and sound recordings, through uploading and downloading files on the Internet.


Added by Acts 2007, 80th Leg., R.S., Ch. 751 (H.B. 3171), Sec. 1, eff. June 15, 2007.


Sec. 38.024. INSURANCE AGAINST STUDENT INJURIES. (a) In compliance with this section, the board of trustees of a school district may obtain insurance against bodily injuries sustained by students while training for or engaging in interschool athletic competition or while engaging in school-sponsored activities.


(b) The amount of insurance to be obtained must be in keeping with the financial condition of the school district and may not exceed the amount that, in the opinion of the board of trustees, is reasonably necessary to afford adequate medical treatment of injured students.


(c) The insurance authorized by this section must be obtained from a reliable insurance company authorized to do business in this state and must be on forms approved by the commissioner of insurance.


(d) The cost of the insurance is a legitimate part of the total cost of operating the school district.


(e) The failure of any board of trustees to carry the insurance authorized by this section may not be construed as placing any legal liability on the school district or its officers, agents, or employees for any injury that results.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 534, Sec. 1, eff. Sept. 1, 2001.


Transferred from Education Code, Section 33.085 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.004(a), eff. September 1, 2009.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.004(b), eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 92 (H.B. 744), Sec. 1, eff. May 23, 2015.


Sec. 38.026. GRANT PROGRAM FOR BEST PRACTICES IN NUTRITION EDUCATION. (a) The Department of Agriculture shall develop a program under which the department awards grants to public school campuses for best practices in nutrition education.


(b) The Department of Agriculture may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this section.


(c) The Department of Agriculture may adopt rules as necessary to administer a grant program established under this section.


Added by Acts 2009, 81st Leg., R.S., Ch. 728 (S.B. 282), Sec. 2, eff. June 19, 2009.


Sec. 38.027. ELECTRONIC COMMUNICATION POLICY. (a) In this section, "electronic communication" means any communication facilitated by the use of any electronic device, including a telephone, cellular telephone, computer, computer network, personal data assistant, or pager. The term includes e-mails, text messages, instant messages, and any communications made through an Internet website, including a social media website or a social networking website.


(b) A school district shall adopt a written policy concerning electronic communications between a school employee and a student enrolled in the district.


(c) The policy adopted under this section must:


(1) include provisions designed to prevent improper electronic communications between a school employee and a student;


(2) allow a school employee to elect to not disclose to students the employee's personal telephone number or e-mail address; and


(3) include provisions instructing a school employee about the proper method for notifying appropriate local administrators about an incident in which a student engages in improper communications with the school employee.


Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 15, eff. September 1, 2017.


Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL. (a) Each school district and open-enrollment charter school shall develop and annually make available a protocol for school employees and volunteers to follow in the event of a traumatic injury.


(b) The protocol required under this section must:


(1) provide for a school district or open-enrollment charter school to maintain and make available to school employees and volunteers bleeding control stations, as described by Subsection (d), for use in the event of a traumatic injury involving blood loss;


(2) ensure that bleeding control stations are stored in easily accessible areas of the campus that are selected by the district's school safety and security committee or the charter school's governing body;


(3) require that agency-approved training on the use of a bleeding control station in the event of an injury to another person be provided to:


(A) each school district peace officer commissioned under Section 37.081 or school security personnel employed under that section who provides security services at the campus;


(B) each school resource officer who provides law enforcement at the campus; and


(C) all other district or school personnel who may be reasonably expected to use a bleeding control station; and


(4) require the district or charter school to annually offer instruction on the use of a bleeding control station from a school resource officer or other appropriate district or school personnel who has received the training under Subdivision (3) to students enrolled at the campus in grade seven or higher.


(c) A district's school safety and security committee or the charter school's governing body may select, as easily accessible areas of the campus at which bleeding control stations may be stored, areas of the campus where automated external defibrillators are stored.


(d) A bleeding control station required under this section must contain all of the following required supplies in quantities determined appropriate by the superintendent of the district or the director of the school:


(1) tourniquets approved for use in battlefield trauma care by the armed forces of the United States;


(2) chest seals;


(3) compression bandages;


(4) bleeding control bandages;


(5) space emergency blankets;


(6) latex-free gloves;


(7) markers;


(8) scissors; and


(9) instructional documents developed by the American College of Surgeons or the United States Department of Homeland Security detailing methods to prevent blood loss following a traumatic event.


(e) In addition to the items listed under Subsection (d), a school district or open-enrollment charter school may also include in a bleeding control station any medical material or equipment that:


(1) may be readily stored in a bleeding control station;


(2) may be used to adequately treat an injury involving traumatic blood loss; and


(3) is approved by local law enforcement or emergency medical services personnel.


(f) To satisfy the training requirement of Subsection (b)(3), the agency may approve a course of instruction that has been developed or endorsed by:


(1) the American College of Surgeons or a similar organization; or


(2) the emergency medicine department of a health-related institution of higher education or a hospital.


(g) The course of instruction for training described under Subsection (f) may not be provided as an online course. The course of instruction must use nationally recognized, evidence-based guidelines for bleeding control and must incorporate instruction on the psychomotor skills necessary to use a bleeding control station in the event of an injury to another person, including instruction on proper chest seal placement.


(h) The course of instruction described under Subsection (f) may be provided by emergency medical technicians, paramedics, law enforcement officers, firefighters, representatives of the organization or institution that developed or endorsed the training, educators, other public school employees, or other similarly qualified individuals. A course of instruction described under Subsection (f) is not required to provide for certification in bleeding control. If the course of instruction does provide for certification in bleeding control, the instructor must be authorized to provide the instruction for the purpose of certification by the organization or institution that developed or endorsed the course of instruction.


(i) The good faith use of a bleeding control station by a school district or open-enrollment charter school employee to control the bleeding of an injured person is incident to or within the scope of the duties of the employee's position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Section 22.0511, and a school district or open-enrollment charter school and the employees of the district or school are immune from civil liability, as provided by that section, from damages or injuries resulting from that good faith use of a bleeding control station. A school district or open-enrollment charter school volunteer is immune from civil liability from damages or injuries resulting from the good faith use of a bleeding control station to the same extent as a professional employee of the district or school, as provided by Section 22.053.


(j) Nothing in this section limits the immunity from liability of a school district, open-enrollment charter school, or district or school employee or volunteer under:


(1) Sections 22.0511 and 22.053;


(2) Section 101.051, Civil Practice and Remedies Code; or


(3) any other applicable law.


(k) This section does not create a cause of action against a school district or open-enrollment charter school or the employees or volunteers of the district or school.


Added by Acts 2019, 86th Leg., R.S., Ch. 1357 (H.B. 496), Sec. 1, eff. June 15, 2019.


Sec. 38.031. NOTICE OF LICE. (a) The board of trustees of an independent school district shall adopt a policy requiring a school nurse of a public elementary school who determines or otherwise becomes aware that a child enrolled in the school has lice shall provide written or electronic notice of that fact to:


(1) the parent of the child with lice as soon as practicable but not later than 48 hours after the administrator or nurse, as applicable, determines or becomes aware of that fact; and


(2) the parent of each child assigned to the same classroom as the child with lice not later than the fifth school day after the date on which the administrator or nurse, as applicable, determines or becomes aware of that fact.


(b) The notice provided under Subsection (a):


(1) must include the recommendations of the Centers for Disease Control and Prevention for the treatment and prevention of lice; and


(2) if the notice is provided under Subsection (a)(2), may not identify the child with lice.


(c) The commissioner shall adopt rules as necessary to implement this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 14, eff. September 1, 2017.


Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a) The parent or guardian of a student with a seizure disorder may seek care for the student's seizures while the student is at school or participating in a school activity by submitting to the school district at which the student is enrolled a copy of a seizure management and treatment plan developed by the student's parent or guardian and the physician responsible for the student's seizure treatment. The plan must be submitted to and reviewed by the district:


(1) before or at the beginning of the school year;


(2) on enrollment of the student, if the student enrolls in the district after the beginning of the school year; or


(3) as soon as practicable following a diagnosis of a seizure disorder for the student.


(b) A seizure management and treatment plan must:


(1) identify the health care services the student may receive at school or while participating in a school activity;


(2) evaluate the student's ability to manage and level of understanding of the student's seizures; and


(3) be signed by the student's parent or guardian and the physician responsible for the student's seizure treatment.


(c) The care of a student with a seizure disorder by a district employee under a seizure management plan submitted under this section is incident to or within the scope of the duties of the employee's position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Section 22.0511.


(d) The immunity from liability provided by Section 22.0511 applies to an action or failure to act by a district employee in administering a medication, assisting with self-administration, or otherwise providing for the care of a student under a seizure management plan submitted for the student under Subsection (a).


Added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2, eff. June 14, 2019.


Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2



For text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B. 706), Sec. 1, see other Sec. 38.033.



Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID TRAINING. (a) A school nurse employed by a school district must complete an agency-approved online course of instruction for school nurses regarding managing students with seizure disorders that includes information about seizure recognition and related first aid.


(b) A school district employee, other than a school nurse, whose duties at the school include regular contact with students must complete an agency-approved online course of instruction for school personnel regarding awareness of students with seizure disorders that includes information about seizure recognition and related first aid.


(c) The agency may approve an online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders to satisfy the training required under Subsection (a) or (b). An online course of instruction approved by the agency under this subsection that is provided to a school district must be provided by the nonprofit entity free of charge.


(d) The agency shall adopt rules as necessary to administer this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2, eff. June 14, 2019.


Text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B. 706), Sec. 1



For text of section as added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2, see other Sec. 38.033.



Sec. 38.033. SCHOOL HEALTH AND RELATED SERVICES PROGRAM; ELIGIBILITY FOR AUDIOLOGY SERVICES. (a) A child is eligible to receive audiology services provided under the school health and related services program if the child:


(1) is 20 years of age or younger;


(2) has a disability or chronic medical condition;


(3) is eligible for Medicaid benefits; and


(4) has been prescribed the services under:


(A) an individualized education program created under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); or


(B) a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794).


(b) The Health and Human Services Commission shall provide reimbursement to a provider under the school health and related services program for audiology services provided to a child who is eligible for the services under Subsection (a).


(c) The executive commissioner of the Health and Human Services Commission, in consultation with the agency, shall adopt rules necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 1042 (H.B. 706), Sec. 1, eff. September 1, 2019.


Sec. 38.036. TRAUMA-INFORMED CARE POLICY. (a) Each school district shall adopt and implement a policy requiring the integration of trauma-informed practices in each school environment. A district must include the policy in the district improvement plan required under Section 11.252.


(b) A policy required by this section must address:


(1) using resources developed by the agency, methods for:


(A) increasing staff and parent awareness of trauma-informed care; and


(B) implementation of trauma-informed practices and care by district and campus staff; and


(2) available counseling options for students affected by trauma or grief.


(c) The methods under Subsection (b)(1) for increasing awareness and implementation of trauma-informed care must include training as provided by this subsection. The training must be provided:


(1) through a program selected from the list of recommended best practice-based programs and research-based practices established under Section 161.325, Health and Safety Code;


(2) as part of any new employee orientation for all new school district educators; and


(3) to existing school district educators on a schedule adopted by the agency by rule that requires educators to be trained at intervals necessary to keep educators informed of developments in the field.


(d) For any training under Subsection (c), each school district shall maintain records that include the name of each district staff member who participated in the training.


(e) Each school district shall report annually to the agency the following information for the district as a whole and for each school campus:


(1) the number of teachers, principals, and counselors employed by the district who have completed training under this section; and


(2) the total number of teachers, principals, and counselors employed by the district.


(f) If a school district determines that the district does not have sufficient resources to provide the training required under Subsection (c), the district may partner with a community mental health organization to provide training that meets the requirements of Subsection (c) at no cost to the district.


(g) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 18, eff. June 6, 2019.


SUBCHAPTER B. SCHOOL-BASED HEALTH CENTERS



Sec. 38.051. ESTABLISHMENT OF SCHOOL-BASED HEALTH CENTERS. (a) A school district in this state may, if the district identifies the need, design a model in accordance with this subchapter for the delivery of cooperative health care programs for students and their families and may compete for grants awarded under this subchapter. The model may provide for the delivery of conventional health services and disease prevention of emerging health threats that are specific to the district.


(b) On the recommendation of an advisory council established under Section 38.058 or on the initiative of the board of trustees or the governing body of an open-enrollment charter school, a school district or open-enrollment charter school may establish a school-based health center at one or more campuses to meet the health care needs of students and their families.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.15, eff. December 1, 2019.


Sec. 38.052. CONTRACT FOR SERVICES. A district may contract with a person to provide services at a school-based health center.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.053. PARENTAL CONSENT REQUIRED. (a) A school-based health center may provide services to a student only if the district or the provider with whom the district contracts obtains the written consent of the student's parent or guardian or another person having legal control of the student on a consent form developed by the district or provider. The student's parent or guardian or another person having legal control of the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.


(b) The consent form must list every service the school-based health center delivers in a format that complies with all applicable state and federal laws and allows a person to consent to one or more categories of services.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.054. CATEGORIES OF SERVICES. The permissible categories of services are:


(1) family and home support;


(2) physical health care, including immunizations;


(3) dental health care;


(4) health education;


(5) preventive health strategies;


(6) treatment for mental health conditions; and


(7) treatment for substance abuse.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.16, eff. December 1, 2019.


Sec. 38.055. USE OF GRANT FUNDS FOR REPRODUCTIVE SERVICES PROHIBITED. Reproductive services, counseling, or referrals may not be provided through a school-based health center using grant funds awarded under this subchapter.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.056. PROVISION OF CERTAIN SERVICES BY LICENSED HEALTH CARE PROVIDER REQUIRED. Any service provided using grant funds awarded under this subchapter must be provided by an appropriate professional who is properly licensed, certified, or otherwise authorized under state law to provide the service.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.057. IDENTIFICATION OF HEALTH-RELATED CONCERNS. (a) The staff of a school-based health center and the person whose consent is obtained under Section 38.053 shall jointly identify any health-related concerns of a student that may be interfering with the student's well-being or ability to succeed in school.


(b) If it is determined that a student is in need of a referral for physical health services or mental health services, the staff of the center shall notify the person whose consent is required under Section 38.053 verbally and in writing of the basis for the referral. The referral may not be provided unless the person provides written consent for the type of service to be provided and provides specific written consent for each treatment occasion or for a course of treatment that includes multiple treatment occasions of the same type of service.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.17, eff. December 1, 2019.


Sec. 38.058. HEALTH EDUCATION AND HEALTH CARE ADVISORY COUNCIL. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may establish and appoint members to a local health education and health care advisory council to make recommendations to the district or school on the establishment of school-based health centers and to assist the district or school in ensuring that local community values are reflected in the operation of each center and in the provision of health education.


(b) A majority of the members of the council must be parents of students enrolled in the school district or open-enrollment charter school. In addition to the appointees who are parents of students, the board of trustees or governing body shall also appoint at least one person from each of the following groups:


(1) classroom teachers;


(2) school administrators;


(3) school counselors;


(4) health care professionals licensed or certified to practice in this state;


(5) the clergy;


(6) law enforcement;


(7) the business community;


(8) senior citizens; and


(9) students.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.18, eff. December 1, 2019.


Sec. 38.059. ASSISTANCE OF PUBLIC HEALTH AGENCY. (a) A school district may seek assistance in establishing and operating a school-based health center from any public health agency in the community. On request, a public health agency shall cooperate with a district and to the extent practicable, considering the resources of the agency, may provide assistance.


(b) A district and a public health agency may, by agreement, jointly establish, operate, and fund a school-based health center.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.0591. ACCESS TO MENTAL HEALTH SERVICES. The agency, in cooperation with the Health and Human Services Commission, shall develop guidelines for school districts regarding:


(1) partnering with a local mental health authority and with community or other private mental health services providers and substance abuse services providers to increase student access to mental health services; and


(2) obtaining mental health services through the medical assistance program under Chapter 32, Human Resources Code.


Added by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.19, eff. December 1, 2019.


Sec. 38.060. COORDINATION WITH EXISTING PROVIDERS IN CERTAIN AREAS. (a) This section applies only to a school-based health center serving an area that:


(1) is located in a county with a population not greater than 50,000; or


(2) has been designated under state or federal law as:


(A) a health professional shortage area;


(B) a medically underserved area; or


(C) a medically underserved community by the Texas Department of Rural Affairs.


(b) If a school-based health center is located in an area described by Subsection (a), the school district and the advisory council established under Section 38.058 shall make a good faith effort to identify and coordinate with existing providers to preserve and protect existing health care systems and medical relationships in the area.


(c) The school district or open-enrollment charter school shall keep a record of efforts made to coordinate with existing providers.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 609, Sec. 7, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(f), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Sec. 2, eff. September 1, 2009.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.20, eff. December 1, 2019.


Sec. 38.061. COMMUNICATION WITH PRIMARY CARE PHYSICIAN. (a) If a person receiving a medical service from a school-based health center has a primary care physician, the staff of the center shall provide notice of the service the person received to the primary care physician in order to allow the physician to maintain a complete medical history of the person.


(b) The staff of a school-based health center shall, before delivering a medical service to a person with a primary care physician under the state Medicaid program, a state children's health plan program, or a private health insurance or health benefit plan, notify the physician for the purpose of sharing medical information and obtaining authorization for delivering the medical service.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.062. FUNDING FOR PROVISION OF SERVICES. A school district or the provider with whom the district contracts shall seek all available sources of funding to compensate the district or provider for services provided by a school-based health center, including money available under the state Medicaid program, a state children's health plan program, or private health insurance or health benefit plans or available from those persons using a school-based health center who have the ability to pay for the services.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Sec. 38.063. GRANTS. (a) Subject to the availability of federal or state appropriated funds, the commissioner of state health services shall administer a program under which grants are awarded to assist school districts and local health departments, hospitals, health care systems, universities, or nonprofit organizations that contract with school districts with the costs of school-based health centers in accordance with this section.


(b) The commissioner of state health services, by rules adopted in accordance with this section, shall establish procedures for awarding grants. The rules must provide that:


(1) grants are awarded annually through a competitive process to:


(A) school districts; and


(B) local health departments, hospitals, health care systems, universities, or nonprofit organizations that have contracted with school districts to establish and operate school-based health centers;


(2) subject to the availability of federal or state appropriated funds, each grant is for a term of five years; and


(3) a preference is given to school-based health centers in school districts that are located in rural areas or that have low property wealth per student.


(c) All health care programs should be designed to meet the following goals:


(1) reducing student absenteeism;


(2) increasing a student's ability to meet the student's academic potential; and


(3) stabilizing the physical well-being of a student.


(d) A school district, local health department, hospital, health care system, university, or nonprofit organization may not receive more than $250,000 per state fiscal biennium through grants awarded under this section.


(e) To be eligible to receive a grant, a school district, local health department, hospital, health care system, university, or nonprofit organization must provide matching funds in accordance with rules adopted under Subsection (b). The matching funds may be obtained from any source available to the district, local health department, hospital, health care system, university, or nonprofit organization, including in-kind contributions, community or foundation grants, individual contributions, and local governmental agency operating funds.


(e-1) A grant under this section may not be given to a nonprofit organization that offers reproductive services, contraceptive services, counseling, or referrals, or any other services that require a license under Chapter 245, Health and Safety Code, or that is affiliated with a nonprofit organization that is licensed under Chapter 245, Health and Safety Code.


(e-2) A school district, local health department, hospital, health care system, university, or nonprofit organization receiving a grant under this section may use the grant funds to:


(1) establish a new school-based health center;


(2) expand an existing school-based health center; or


(3) operate a school-based health center.


(f) The commissioner of state health services shall adopt rules establishing standards for health care centers funded through grants that place primary emphasis on delivery of health services and secondary emphasis on population-based models that prevent emerging health threats.


(g) The commissioner of state health services shall require client surveys to be conducted in school-based health centers funded through grants awarded under this section.


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 598 (H.B. 281), Sec. 1, eff. June 19, 2009.


Sec. 38.064. REPORT TO LEGISLATURE. (a) Based on statistics obtained from every school-based health center in this state that receives funding through the Department of State Health Services, the Department of State Health Services shall issue a biennial report to the legislature about the relative efficacy of services delivered by the centers during the preceding two years and any increased academic success of students at campuses served by those centers, with special emphasis on any:


(1) increased attendance, including attendance information regarding students with chronic illnesses;


(2) decreased drop-out rates;


(3) improved student health;


(4) increased student immunization rates;


(5) increased student participation in preventive health measures, including routine physical examinations and checkups conducted in accordance with the Texas Health Steps program; and


(6) improved performance on student assessment instruments administered under Subchapter B, Chapter 39.


(b) The Department of State Health Services may modify any requirement imposed by Subsection (a) if necessary to comply with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


Added by Acts 1999, 76th Leg., ch. 1418, Sec. 1, eff. June 19, 1999. Renumbered from Education Code Sec. 38.011 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 4.005, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 598 (H.B. 281), Sec. 2, eff. June 19, 2009.


SUBCHAPTER C. PHYSICAL FITNESS ASSESSMENT



Sec. 38.101. ASSESSMENT REQUIRED. (a) Except as provided by Subsection (b), a school district annually shall assess the physical fitness of students enrolled in grade three or higher in a course that satisfies the curriculum requirements for physical education under Section 28.002(a)(2)(C).


(b) A school district is not required to assess a student for whom, as a result of disability or other condition identified by commissioner rule, the assessment instrument adopted under Section 38.102 is inappropriate.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 17, eff. September 28, 2011.


Sec. 38.102. ADOPTION OF ASSESSMENT INSTRUMENT. (a) The commissioner by rule shall adopt an assessment instrument to be used by a school district in assessing student physical fitness under this subchapter.


(b) The assessment instrument must:


(1) be based on factors related to student health, including the following factors that have been identified as essential to overall health and function:


(A) aerobic capacity;


(B) body composition; and


(C) muscular strength, endurance, and flexibility; and


(2) include criterion-referenced standards specific to a student's age and gender and based on the physical fitness level required for good health.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


Sec. 38.103. REPORTING OF PHYSICAL FITNESS RESULTS. (a) A school district shall provide the results of individual student performance on the physical fitness assessment required by this subchapter to the agency. The results may not contain the names of individual students or teachers or a student's social security number or date of birth.


(b) The results of individual student performance on the physical fitness assessment instrument are confidential and may be released only in accordance with state and federal law.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 372 (S.B. 226), Sec. 2, eff. June 17, 2011.


Sec. 38.104. ANALYSIS OF RESULTS. (a) The agency shall analyze the results received by the agency under this subchapter and identify, for each school district, any correlation between the results and the following:


(1) student academic achievement levels;


(2) student attendance levels;


(3) student obesity;


(4) student disciplinary problems; and


(5) school meal programs.


(b) The agency may contract with a public or private entity for that entity to conduct all or part of the analysis required by Subsection (a).


(c) Not later than September 1 of each year, the agency shall report the findings of the analysis under this section of the results obtained during the preceding school year to the School Health Advisory Committee established under Section 1001.0711, Health and Safety Code, for use by the committee in:


(1) assessing the effectiveness of coordinated health programs provided by school districts in accordance with Section 38.014; and


(2) developing recommendations for modifications to coordinated health program requirements or related curriculum.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


Sec. 38.105. DONATIONS. The agency and each school district may accept donations made to facilitate implementation of this subchapter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


Sec. 38.106. RULES. The commissioner shall adopt rules necessary to implement this subchapter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1377 (S.B. 530), Sec. 3, eff. June 15, 2007.


SUBCHAPTER D. PREVENTION, TREATMENT, AND OVERSIGHT OF CONCUSSIONS AFFECTING STUDENT ATHLETES



Sec. 38.151. DEFINITIONS. In this subchapter:


(1) "Advanced practice nurse" has the meaning assigned by Section 301.152, Occupations Code.


(2) "Athletic trainer" has the meaning assigned by Section 451.001, Occupations Code.


(3) "Coach" includes an assistant coach.


(4) "Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may:


(A) include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns; and


(B) involve loss of consciousness.


(5) "Licensed health care professional" means an advanced practice nurse, athletic trainer, neuropsychologist, or physician assistant, as those terms are defined by this section.


(6) "Neuropsychologist" means a person who:


(A) holds a license to engage in the practice of psychology issued under Section 501.252, Occupations Code; and


(B) specializes in the practice of neuropsychology.


(7) "Open-enrollment charter school" includes a school granted a charter under Subchapter E, Chapter 12.


(8) "Physician" means a person who holds a license to practice medicine in this state.


(9) "Physician assistant" means a person who holds a license issued under Chapter 204, Occupations Code.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.152. APPLICABILITY. This subchapter applies to an interscholastic athletic activity, including practice and competition, sponsored or sanctioned by:


(1) a school district, including a home-rule school district, or a public school, including any school for which a charter has been granted under Chapter 12; or


(2) the University Interscholastic League.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.153. OVERSIGHT OF CONCUSSIONS BY SCHOOL DISTRICTS AND CHARTER SCHOOLS; RETURN-TO-PLAY PROTOCOL DEVELOPMENT BY CONCUSSION OVERSIGHT TEAM. (a) The governing body of each school district and open-enrollment charter school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team.


(b) Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence, for a student's return to interscholastic athletics practice or competition following the force or impact believed to have caused a concussion.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.154. CONCUSSION OVERSIGHT TEAM: MEMBERSHIP. (a) Each concussion oversight team must include at least one physician and, to the greatest extent practicable, considering factors including the population of the metropolitan statistical area in which the school district or open-enrollment charter school is located, district or charter school student enrollment, and the availability of and access to licensed health care professionals in the district or charter school area, must also include one or more of the following:


(1) an athletic trainer;


(2) an advanced practice nurse;


(3) a neuropsychologist; or


(4) a physician assistant.


(b) If a school district or open-enrollment charter school employs an athletic trainer, the athletic trainer must be a member of the district or charter school concussion oversight team.


(b-1) If a school district or open-enrollment charter school employs a school nurse, the school nurse may be a member of the district or charter school concussion oversight team if requested by the school nurse.


(c) Each member of the concussion oversight team must have had training in the evaluation, treatment, and oversight of concussions at the time of appointment or approval as a member of the team.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 1, eff. June 2, 2019.


Sec. 38.155. REQUIRED ANNUAL FORM ACKNOWLEDGING CONCUSSION INFORMATION. A student may not participate in an interscholastic athletic activity for a school year until both the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the University Interscholastic League.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.156. REMOVAL FROM PLAY IN PRACTICE OR COMPETITION FOLLOWING CONCUSSION. A student shall be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:


(1) a coach;


(2) a physician;


(3) a licensed health care professional;


(4) a person licensed under Chapter 201, Occupations Code;


(5) a school nurse; or


(6) the student's parent or guardian or another person with legal authority to make medical decisions for the student.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 362 (H.B. 3024), Sec. 1, eff. June 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 2, eff. June 2, 2019.


Sec. 38.157. RETURN TO PLAY IN PRACTICE OR COMPETITION. (a) A student removed from an interscholastic athletics practice or competition under Section 38.156 may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:


(1) the student has been evaluated, using established medical protocols based on peer-reviewed scientific evidence, by a treating physician chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student;


(2) the student has successfully completed each requirement of the return-to-play protocol established under Section 38.153 necessary for the student to return to play;


(3) the treating physician has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play; and


(4) the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student:


(A) have acknowledged that the student has completed the requirements of the return-to-play protocol necessary for the student to return to play;


(B) have provided the treating physician's written statement under Subdivision (3) to the person responsible for compliance with the return-to-play protocol under Subsection (c) and the person who has supervisory responsibilities under Subsection (c); and


(C) have signed a consent form indicating that the person signing:


(i) has been informed concerning and consents to the student participating in returning to play in accordance with the return-to-play protocol;


(ii) understands the risks associated with the student returning to play and will comply with any ongoing requirements in the return-to-play protocol;


(iii) consents to the disclosure to appropriate persons, consistent with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), of the treating physician's written statement under Subdivision (3) and, if any, the return-to-play recommendations of the treating physician; and


(iv) understands the immunity provisions under Section 38.159.


(b) A coach of an interscholastic athletics team may not authorize a student's return to play.


(c) The school district superintendent or the superintendent's designee or, in the case of a home-rule school district or open-enrollment charter school, the person who serves the function of superintendent or that person's designee shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol. The person who has supervisory responsibilities under this subsection may not be a coach of an interscholastic athletics team.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.158. TRAINING COURSES. (a) The University Interscholastic League shall approve for coaches of interscholastic athletic activities training courses that provide for not less than two hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The league shall maintain an updated list of individuals and organizations authorized by the league to provide the training.


(b) The Texas Department of Licensing and Regulation shall approve for athletic trainers training courses in the subject matter of concussions and shall maintain an updated list of individuals and organizations authorized by the board to provide the training.


(c) The following persons must take a training course in accordance with Subsection (e) from an authorized training provider at least once every two years:


(1) a coach of an interscholastic athletic activity;


(2) a school nurse who serves as a member of a concussion oversight team;


(3) a licensed health care professional who serves as a member of a concussion oversight team and is an employee, representative, or agent of a school district or open-enrollment charter school; and


(4) a licensed health care professional who serves on a volunteer basis as a member of a concussion oversight team for a school district or open-enrollment charter school.


(d) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.


(e) For purposes of Subsection (c):


(1) a coach must take a course described by Subsection (a);


(2) an athletic trainer must take:


(A) a course described by Subsection (b); or


(B) a course concerning the subject matter of concussions that has been approved for continuing education credit by the appropriate licensing authority for the profession; and


(3) a school nurse or licensed health care professional, other than an athletic trainer, must take:


(A) a course described by Subsection (a) or (b); or


(B) a course concerning the subject matter of concussions that has been approved for continuing education credit by the appropriate licensing authority for the profession.


(f) Each person described by Subsection (c) must submit proof of timely completion of an approved course in compliance with Subsection (e) to the school district superintendent or the superintendent's designee or, in the case of a home-rule school district or open-enrollment charter school, a person who serves the function of a superintendent or that person's designee.


(g) A school nurse or licensed health care professional who is not in compliance with the training requirements under this section may not serve on a concussion oversight team in any capacity.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 6.003, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 365 (H.B. 961), Sec. 3, eff. June 2, 2019.


Sec. 38.159. IMMUNITY. This subchapter does not:


(1) waive any immunity from liability of a school district or open-enrollment charter school or of district or charter school officers or employees;


(2) create any liability for a cause of action against a school district or open-enrollment charter school or against district or charter school officers or employees;


(3) waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code; or


(4) create any cause of action or liability for a member of a concussion oversight team arising from the injury or death of a student participating in an interscholastic athletics practice or competition, based on service or participation on the concussion oversight team.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


Sec. 38.160. RULES. The commissioner may adopt rules as necessary to administer this subchapter.


Added by Acts 2011, 82nd Leg., R.S., Ch. 781 (H.B. 2038), Sec. 2, eff. June 17, 2011.


SUBCHAPTER E. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE



Sec. 38.201. DEFINITIONS. In this subchapter:


(1) "Advisory committee" means the committee established under Section 38.202.


(2) "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen.


(3) "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine that is intended to be used to treat anaphylaxis.


(4) "Physician" means a person who holds a license to practice medicine in this state.


(5) "Private school" means a school that:


(A) offers a course of instruction for students in one or more grades from prekindergarten through grade 12;


(B) is not operated by a governmental entity; and


(C) is not a school whose students meet the definition provided by Section 29.916(a)(1).


(6) "School personnel" means an employee of a school district, open-enrollment charter school, or private school. The term includes a member of the board of trustees of a school district or the governing body of an open-enrollment charter school or private school.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 1, eff. May 22, 2017.


Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND COMPOSITION. (a) The commissioner of state health services shall establish an advisory committee to examine and review the administration of epinephrine auto-injectors to a person experiencing an anaphylactic reaction on a campus of a school district, an open-enrollment charter school, a private school, or an institution of higher education.


(b) The advisory committee shall be composed of members appointed by the commissioner of state health services. In making appointments, the commissioner shall ensure that:


(1) a majority of the members are physicians with expertise in treating anaphylaxis, including physicians who specialize in the fields of pediatrics, allergies, asthma, and immunology;


(2) at least one member is a registered nurse employed by a school district, open-enrollment charter school, or private school as a school nurse;


(3) at least one member is an employee of a general academic teaching institution; and


(4) at least one member is an employee of a public junior college or a public technical institute.


(c) A member of the advisory committee serves at the pleasure of the commissioner of state health services.


(d) A vacancy on the advisory committee is filled by the commissioner of state health services in the same manner as other appointments to the advisory committee.


(e) In this section, "general academic teaching institution," "institution of higher education," "public junior college," and "public technical institute" have the meanings assigned by Section 61.003.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 2, eff. May 22, 2017.


Acts 2017, 85th Leg., R.S., Ch. 206 (S.B. 1367), Sec. 1, eff. September 1, 2017.


Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The advisory committee shall elect a presiding officer.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND EXPENSES. Members of the advisory committee serve without compensation but are entitled to reimbursement for travel expenses.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the advisory committee.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings of the advisory committee are subject to Chapter 551, Government Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory committee shall advise the commissioner of state health services on:


(1) the storage and maintenance of epinephrine auto-injectors on school campuses and campuses of institutions of higher education;


(2) the training of school personnel and school volunteers, and of personnel and volunteers at institutions of higher education, in the administration of an epinephrine auto-injector; and


(3) a plan for:


(A) one or more school personnel members or school volunteers trained in the administration of an epinephrine auto-injector to be on each school campus; and


(B) one or more personnel members or volunteers of an institution of higher education trained in the administration of an epinephrine auto-injector to be on each campus of an institution of higher education.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 206 (S.B. 1367), Sec. 2, eff. September 1, 2017.


Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE. (a) Each school district, open-enrollment charter school, and private school may adopt and implement a policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors at each campus in the district or school.


(a-1) Each school district, open-enrollment charter school, and private school may adopt and implement a policy authorizing a school nurse to maintain and administer asthma medicine at each campus in the district or school.


(b) If a policy is adopted under Subsection (a), the policy:


(1) must provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis on a school campus; and


(2) may provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis at an off-campus school event or while in transit to or from a school event.


(b-1) If a policy is adopted under Subsection (a-1), the policy must provide that the school nurse may administer prescription asthma medicine to a student only if the school nurse has written notification from a parent or guardian of the student that the student has been diagnosed as having asthma and stating that the school nurse may administer prescription asthma medicine to the student. A school nurse may administer the prescription asthma medicine only at a school campus.


(c) The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of education, and with advice from the advisory committee as appropriate, shall adopt rules regarding the maintenance, administration, and disposal of an epinephrine auto-injector at a school campus subject to a policy adopted under Subsection (a) and the maintenance and administration of asthma medicine at a school campus subject to a policy adopted under Subsection (a-1). The rules must establish:


(1) the number of epinephrine auto-injectors available at each campus;


(2) the amount of prescription asthma medicine available at each campus;


(3) the process for each school district, open-enrollment charter school, and private school to check the inventory of epinephrine auto-injectors and asthma medicine at regular intervals for expiration and replacement; and


(4) the amount of training required for school personnel and school volunteers to administer an epinephrine auto-injector.


(d) Each school district, open-enrollment charter school, and private school that adopts a policy under Subsection (a) must require that each campus have one or more school personnel members or school volunteers authorized and trained to administer an epinephrine auto-injector present during all hours the campus is open.


(e) The supply of epinephrine auto-injectors at each campus must be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an epinephrine auto-injector. The supply of asthma medicine at each campus must be stored in a secure location and be easily accessible to the school nurse.


(f) The policy described by Subsection (a-1) may not require a school district, open-enrollment charter school, or private school to purchase prescription asthma medicine or require any other expenditure related to the maintenance or administration of asthma medicine that would result in a negative fiscal impact on the district or school.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 3, eff. May 22, 2017.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 2, eff. May 24, 2019.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 3, eff. May 24, 2019.


Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE AUTO-INJECTOR. (a) Not later than the 10th business day after the date a school personnel member or school volunteer administers an epinephrine auto-injector in accordance with a policy adopted under Section 38.208(a), the school shall report the information required under Subsection (b) to:


(1) the school district, the charter holder if the school is an open-enrollment charter school, or the governing body of the school if the school is a private school;


(2) the physician or other person who prescribed the epinephrine auto-injector; and


(3) the commissioner of state health services.


(b) The report required under this section must include the following information:


(1) the age of the person who received the administration of the epinephrine auto-injector;


(2) whether the person who received the administration of the epinephrine auto-injector was a student, a school personnel member or school volunteer, or a visitor;


(3) the physical location where the epinephrine auto-injector was administered;


(4) the number of doses of epinephrine auto-injector administered;


(5) the title of the person who administered the epinephrine auto-injector; and


(6) any other information required by the commissioner of education.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 4, eff. May 22, 2017.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.10, eff. June 10, 2019.


Sec. 38.210. TRAINING. (a) Each school district, open-enrollment charter school, and private school that adopts a policy under Section 38.208(a) is responsible for training school personnel and school volunteers in the administration of an epinephrine auto-injector.


(b) Training required under this section must:


(1) include information on:


(A) recognizing the signs and symptoms of anaphylaxis;


(B) administering an epinephrine auto-injector;


(C) implementing emergency procedures, if necessary, after administering an epinephrine auto-injector; and


(D) properly disposing of used or expired epinephrine auto-injectors; and


(2) be provided in a formal training session or through online education and be completed annually.


(c) Each school district, open-enrollment charter school, and private school shall maintain records on the training required under this section.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 5, eff. May 22, 2017.


Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE. (a) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors or asthma medicine in the name of a school district, open-enrollment charter school, or private school.


(b) A physician or other person who prescribes epinephrine auto-injectors or asthma medicine under Subsection (a) shall provide the school district, open-enrollment charter school, or private school with a standing order for the administration of, as applicable:


(1) an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis; or


(2) asthma medicine to a person reasonably believed to be experiencing a symptom of asthma and who has provided written notification and permission as required by Section 38.208(b-1).


(c) The standing order under Subsection (b) is not required to be patient-specific, and the epinephrine auto-injector or asthma medicine may be administered to a person without a previously established physician-patient relationship.


(d) Notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician:


(1) periodically reviews the order; and


(2) is available through direct telecommunication as needed for consultation, assistance, and direction.


(e) An order issued under this section must contain:


(1) the name and signature of the prescribing physician or other person;


(2) the name of the school district, open-enrollment charter school, or private school to which the order is issued;


(3) the quantity of epinephrine auto-injectors or asthma medicine to be obtained and maintained under the order; and


(4) the date of issue.


(f) A pharmacist may dispense an epinephrine auto-injector or asthma medicine to a school district, open-enrollment charter school, or private school without requiring the name or any other identifying information relating to the user.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 6, eff. May 22, 2017.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 4, eff. May 24, 2019.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 5, eff. May 24, 2019.


Sec. 38.212. NOTICE TO PARENTS. If a school district, open-enrollment charter school, or private school implements a policy under this subchapter, the district or school shall provide written notice to a parent or guardian of each student enrolled in the district or school. Notice required under this section must be provided before a policy is implemented by the district or school and before the start of each school year.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 7, eff. May 22, 2017.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 6, eff. May 24, 2019.


Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school district, open-enrollment charter school, or private school may accept gifts, grants, donations, and federal and local funds to implement this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 8, eff. May 22, 2017.


Sec. 38.214. RULES. Except as otherwise provided by this subchapter, the commissioner of education and the executive commissioner of the Health and Human Services Commission shall jointly adopt rules necessary to implement this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 9, eff. May 22, 2017.


Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:


(1) issuing an order for epinephrine auto-injectors or asthma medicine;


(2) supervising or delegating the administration of an epinephrine auto-injector or asthma medicine;


(3) possessing, maintaining, storing, or disposing of an epinephrine auto-injector or asthma medicine;


(4) prescribing an epinephrine auto-injector or asthma medicine;


(5) dispensing:


(A) an epinephrine auto-injector; or


(B) asthma medicine, provided that permission has been granted as provided by Section 38.208(b-1);


(6) administering, or assisting in administering, an epinephrine auto-injector or asthma medicine, provided that permission has been granted as provided by Section 38.208(b-1);


(7) providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or


(8) undertaking any other act permitted or required under this subchapter.


(b) The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.


(c) Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter.


(d) A cause of action does not arise from an act or omission described by this section.


(e) A school district, open-enrollment charter school, or private school and school personnel and school volunteers are immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.


(f) An act or failure to act by school personnel or a school volunteer under this subchapter, including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or open-enrollment charter school.


Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 10, eff. May 22, 2017.


Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 7, eff. May 24, 2019.


This Subchapter F, consisting of Secs. 38.251 to 38.256, was added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19.



See also another Subchapter F, consisting of Secs. 38.301 to 38.312, as added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1.



SUBCHAPTER F. MENTAL HEALTH RESOURCES



Sec. 38.251. RUBRIC TO IDENTIFY RESOURCES. (a) The agency shall develop a rubric for use by regional education service centers in identifying resources related to student mental health that are available to schools in their respective regions. The agency shall develop the rubric in conjunction with:


(1) the Health and Human Services Commission;


(2) the Department of Family and Protective Services;


(3) the Texas Juvenile Justice Department;


(4) the Texas Higher Education Coordinating Board;


(5) the Texas Child Mental Health Care Consortium;


(6) the Texas Workforce Commission; and


(7) any other state agency the agency considers appropriate.


(b) The rubric developed by the agency must provide for the identification of resources relating to:


(1) training and technical assistance on practices that support the mental health of students;


(2) school-based programs that provide prevention or intervention services to students;


(3) community-based programs that provide school-based or school-connected prevention or intervention services to students;


(4) Communities In Schools programs described by Subchapter E, Chapter 33;


(5) school-based mental health providers; and


(6) public and private funding sources available to address the mental health of students.


(c) Not later than December 1 of each odd-numbered year, the agency shall revise the rubric as necessary to reflect changes in resources that may be available to schools and provide the rubric to each regional education service center.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


Sec. 38.252. REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES. (a) Each regional education service center shall use the rubric developed under Section 38.251 to identify resources related to student mental health available to schools in the center's region, including evidence-based and promising programs and best practices, that:


(1) create school environments that support the social, emotional, and academic development of students;


(2) identify students who may need additional behavioral or mental health support before issues arise;


(3) provide early, effective interventions to students in need of additional support;


(4) connect students and their families to specialized services in the school or community when needed; and


(5) assist schools in aligning resources necessary to address the mental health of students.


(b) A regional education service center may consult with any entity the center considers necessary in identifying resources under Subsection (a), including:


(1) school districts;


(2) local mental health authorities;


(3) community mental health services providers;


(4) education groups;


(5) hospitals; and


(6) institutions of higher education.


(c) Not later than March 1 of each even-numbered year, each regional education service center shall:


(1) use the revised rubric received from the agency under Section 38.251 to identify, in the manner provided by this section, any additional resources that may be available to schools in the center's region; and


(2) submit to the agency a report on resources identified through the process, including any additional resources identified under Subdivision (1).


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


Sec. 38.253. STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES. (a) The agency shall develop a list of statewide resources available to school districts to address the mental health of students, including:


(1) training and technical assistance on practices that support the mental health of students;


(2) school-based programs that provide prevention or intervention services to students;


(3) community-based programs that provide school-based or school-connected prevention or intervention services to students;


(4) school-based mental health providers; and


(5) public and private funding sources available to address the mental health of students.


(b) In developing the list required under Subsection (a), the agency shall collaborate with:


(1) the Health and Human Services Commission;


(2) the Department of Family and Protective Services;


(3) the Texas Juvenile Justice Department;


(4) the Texas Higher Education Coordinating Board;


(5) the Texas Child Mental Health Care Consortium;


(6) the Texas Workforce Commission;


(7) one or more representatives of Communities In Schools programs described by Subchapter E, Chapter 33, who are designated by the Communities In Schools State Office;


(8) hospitals or other health care providers;


(9) community service providers;


(10) parent, educator, and advocacy groups; and


(11) any entity the agency determines can assist the agency in compiling the list.


(c) The agency shall include on the list any resource available through an entity identified as a resource under Subsection (b), including an entity described by Subsection (b), that provides evidence-based and promising programs and best practices that:


(1) create school environments that support the social, emotional, and academic development of students;


(2) identify students who may need additional behavioral or mental health support before issues arise;


(3) provide early, effective interventions to students in need of additional support; and


(4) connect students and their families to specialized services in the school or community when needed.


(d) The agency shall revise the list not later than March 1 of each even-numbered year.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


Sec. 38.254. STATEWIDE PLAN FOR STUDENT MENTAL HEALTH. (a) The agency shall develop a statewide plan to ensure all students have access to adequate mental health resources. The agency shall include in the plan:


(1) a description of any revisions made to the rubric required by Section 38.251;


(2) the results of the most recent regional inventory of mental health resources required by Section 38.252, including any additional resources identified;


(3) the results of the most recent statewide inventory of mental health resources required by Section 38.253, including any additional resources identified;


(4) the agency's goals for student mental health access to be applied across the state, including goals relating to:


(A) methods to objectively measure positive school climate;


(B) increasing the availability of early, effective school-based or school-connected mental health interventions and resources for students in need of additional support; and


(C) increasing the availability of referrals for students and families to specialized services for students in need of additional support outside the school;


(5) a list of actions the commissioner may take without legislative action to help all districts reach the agency's goals described by the plan; and


(6) recommendations to the legislature on methods to ensure that all districts can meet the agency's goals described in the plan through legislative appropriations or other action by the legislature.


(b) In developing the agency's goals under Subsection (a)(4), the agency shall consult with any person the agency believes is necessary to the development of the goals, including:


(1) educators;


(2) mental health practitioners;


(3) advocacy groups; and


(4) parents.


(c) The agency shall revise the plan not later than April 1 of each even-numbered year.


(d) As soon as practicable after completing or revising the plan, the agency shall:


(1) submit an electronic copy of the plan to the legislature;


(2) post the plan on the agency's Internet website; and


(3) hold public meetings in each regional education service center's region to present the statewide plan and shall provide an opportunity for public comment at each meeting.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


Sec. 38.255. AGENCY USE OF STATEWIDE PLAN. (a) The agency shall use the statewide plan for student mental health required by Section 38.254 to develop and revise the agency's long-term strategic plan.


(b) The agency shall use the recommendations to the legislature required by Section 38.254(a)(6) to develop each agency legislative appropriations request.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


Sec. 38.256. REPORTS TO LEGISLATURE. In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature:


(1) a description of any changes the agency has made to the rubric required by Section 38.251; and


(2) an analysis of each region's progress toward meeting the agency's goals developed under Section 38.254.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19, eff. June 6, 2019.


This Subchapter F, consisting of Secs. 38.301 to 38.312, was added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1.



See also another Subchapter F, consisting of Secs. 38.251 to 38.256, as added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 19.



For expiration of this subchapter, see Section 38.312.



SUBCHAPTER F. COLLABORATIVE TASK FORCE ON PUBLIC SCHOOL MENTAL HEALTH SERVICES



Sec. 38.301. DEFINITIONS. In this subchapter:


(1) "Institution of higher education" has the meaning assigned by Section 61.003.


(2) "Task force" means the Collaborative Task Force on Public School Mental Health Services.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.302. ESTABLISHMENT. The Collaborative Task Force on Public School Mental Health Services is established to study and evaluate:


(1) mental health services that are funded by this state and provided at a school district or open-enrollment charter school directly to:


(A) a student enrolled in the district or school;


(B) a parent or family member of or person standing in parental relation to a student enrolled in the district or school; or


(C) an employee of the district or school;


(2) training provided to an educator employed by the district or school to provide the mental health services described by Subdivision (1); and


(3) the impact the mental health services described by Subdivision (1) have on:


(A) the number of violent incidents that occur at school districts or open-enrollment charter schools;


(B) the suicide rate of the individuals who are provided the mental health services described by Subdivision (1);


(C) the number of public school students referred to the Department of Family and Protective Services for investigation services and the reasons for those referrals;


(D) the number of individuals who are transported from each school district or open-enrollment charter school for an emergency detention under Chapter 573, Health and Safety Code; and


(E) the number of public school students referred to outside counselors in accordance with Section 38.010.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.303. MEMBERSHIP. (a) The task force is composed of:


(1) the commissioner or the commissioner's designee;


(2) the following additional members appointed by the commissioner:


(A) three parents of students who are enrolled in school districts or open-enrollment charter schools and receive the mental health services described by Section 38.302(1);


(B) one person who provides the mental health services described by Section 38.302(1) or the training described by Section 38.302(2) and who is:


(i) a licensed professional counselor, as defined by Section 503.002, Occupations Code;


(ii) a licensed clinical social worker, as defined by Section 505.002, Occupations Code; or


(iii) a school counselor certified under Subchapter B, Chapter 21;


(C) one person who is a psychiatrist;


(D) two persons who are administrators of districts or schools that provide the mental health services described by Section 38.302(1) or the training described by Section 38.302(2);


(E) one person who is a member of a foundation that invests in the mental health services described by Section 38.302(1) or the training described by Section 38.302(2);


(F) one person who is an employee of an institution of higher education designated under Section 38.307; and


(G) one person who is a licensed specialist in school psychology, as defined by Section 501.002, Occupations Code; and


(3) for any other entity the task force considers necessary, one person appointed by the task force for each such entity.


(b) Appointments to the task force shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.


(c) Chapter 2110, Government Code, does not apply to the task force.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.304. OFFICERS. (a) The commissioner is designated as the interim presiding officer for purposes of calling and conducting the initial meeting of the task force.


(b) The task force:


(1) shall at its initial meeting select a presiding officer from among its members for the purpose of calling and conducting meetings; and


(2) may select an assistant presiding officer and a secretary from among its members.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.305. COMPENSATION; REIMBURSEMENT. A member of the task force may not receive compensation or reimbursement for service on the task force.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.306. MEETINGS. (a) After its initial meeting, the task force shall meet at least twice each year at a time and place determined by the presiding officer.


(b) The task force may meet at other times the task force considers appropriate. The presiding officer may call a meeting on the officer's own motion.


(c) The task force may meet by teleconference.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.307. SUPPORT SERVICES FOR TASK FORCE. (a) The commissioner shall designate one institution of higher education with experience in evaluating mental health services to serve as the lead institution for the task force. The institution designated under this subsection shall provide faculty, staff, and administrative support services to the task force as determined necessary by the task force to administer this subchapter.


(b) The commissioner shall designate two institutions of higher education with experience in evaluating mental health services to assist the task force and the lead institution designated under Subsection (a) as determined necessary by the task force to administer this subchapter.


(c) In making a designation under this section, the commissioner shall give preference to at least one predominantly black institution, as defined by 20 U.S.C. Section 1067q(c)(9).


(d) On request of the task force, the agency, a school district, or an open-enrollment charter school shall provide information or other assistance to the task force.


(e) The agency shall maintain the data collected by the task force and the work product of the task force in accordance with:


(1) the agency's information security plan under Section 2054.133, Government Code; and


(2) the agency's records retention schedule under Section 441.185, Government Code.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.308. DUTIES OF TASK FORCE. The task force shall:


(1) gather data on:


(A) the number of students enrolled in each school district and open-enrollment charter school;


(B) the number of individuals to whom each school district or open-enrollment charter school provides the mental health services described by Section 38.302(1);


(C) the number of individuals for whom each school district or open-enrollment charter school has the resources to provide the mental health services described by Section 38.302(1);


(D) the number of individuals described by Paragraph (B) who are referred to an inpatient or outpatient mental health provider;


(E) the number of individuals who are transported from each school district or open-enrollment charter school for an emergency detention under Chapter 573, Health and Safety Code; and


(F) the race, ethnicity, gender, special education status, educationally disadvantaged status, and geographic location of:


(i) individuals who are provided the mental health services described by Section 38.302(1);


(ii) individuals who are described by Paragraph (D); and


(iii) individuals who are described by Paragraph (E); and


(2) study, evaluate, and make recommendations regarding the mental health services described by Section 38.302(1), the training described by Section 38.302(2), and the impact of those mental health services, as described by Section 38.302(3), including addressing:


(A) the outcomes and the effectiveness of the services and training provided, including the outcomes and effectiveness of the service and training providers and the programs under which services and training are provided, in:


(i) improving student academic achievement and attendance;


(ii) reducing student disciplinary proceedings, suspensions, placements in a disciplinary alternative education program, and expulsions; and


(iii) delivering prevention and intervention services to promote early mental health skills, including:


(a) building skills relating to managing emotions, establishing and maintaining positive relationships, and making responsible decisions;


(b) preventing substance abuse;


(c) preventing suicides;


(d) adhering to the purpose of the relevant program services or training;


(e) promoting trauma-informed practices;


(f) promoting a positive school climate, as defined by Section 161.325(a-3), Health and Safety Code, in the district or school; and


(g) improving physical and emotional safety and well-being in the district or school and reducing violence in the district or school;


(B) best practices for districts and schools in implementing the services or training;


(C) disparities in the race, ethnicity, gender, special education status, and geographic location of individuals receiving the services; and


(D) best practices to replicate the services or training for all districts and schools.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.309. PRIVACY OF INFORMATION. The task force shall ensure that data gathered, information studied, and evaluations conducted under this subchapter:


(1) comply with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information; and


(2) may not be shared with a federal agency or state agency, including an institution of higher education, except as otherwise provided by this subchapter or other law.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.310. REPORTS. Not later than November 1 of each even-numbered year, the task force shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the agency a report of the results of the task force's activities conducted under Section 38.308 and any recommendations for legislative or other action.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.311. FUNDING; ADMINISTRATIVE COST RESTRICTION; GIFTS AND GRANTS. (a) Of state funds allocated to the agency for public school mental health services, the commissioner may provide not more than 10 percent for purposes of the task force established under this subchapter.


(b) The task force may not spend for the administration of the task force more than 10 percent of any money allocated to the task force for the purposes of this subchapter.


(c) The task force may accept a gift or grant from a person other than the federal government.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


Sec. 38.312. EXPIRATION. The task force is abolished and this subchapter expires December 1, 2025.


Added by Acts 2019, 86th Leg., R.S., Ch. 1278 (H.B. 906), Sec. 1, eff. June 14, 2019.


SUBCHAPTER G. MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH SUICIDE



Sec. 38.351. MENTAL HEALTH PROMOTION AND INTERVENTION, SUBSTANCE ABUSE PREVENTION AND INTERVENTION, AND SUICIDE PREVENTION. (a) The agency, in coordination with the Health and Human Services Commission and regional education service centers, shall provide and annually update a list of recommended best practice-based programs and research-based practices in the areas specified under Subsection (c) for implementation in public elementary, junior high, middle, and high schools within the general education setting.


(b) Each school district may select from the list provided under Subsection (a) a program or programs appropriate for implementation in the district.


(c) The list provided under Subsection (a) must include programs and practices in the following areas:


(1) early mental health prevention and intervention;


(2) building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;


(3) substance abuse prevention and intervention;


(4) suicide prevention, intervention, and postvention;


(5) grief-informed and trauma-informed practices;


(6) positive school climates;


(7) positive behavior interventions and supports;


(8) positive youth development; and


(9) safe, supportive, and positive school climate.


(d) For purposes of Subsection (c), "school climate" means the quality and character of school life, including interpersonal relationships, teaching and learning practices, and organizational structures, as experienced by students enrolled in the school district, parents of those students, and personnel employed by the district.


(e) The suicide prevention programs on the list provided under Subsection (a) must include components that provide for training school counselors, teachers, nurses, administrators, and other staff, as well as law enforcement officers and social workers who regularly interact with students, to:


(1) recognize students at risk of attempting suicide, including students who are or may be the victims of or who engage in bullying;


(2) recognize students displaying early warning signs and a possible need for early mental health or substance abuse intervention, which warning signs may include declining academic performance, depression, anxiety, isolation, unexplained changes in sleep or eating habits, and destructive behavior toward self and others;


(3) intervene effectively with students described by Subdivision (1) or (2) by providing notice and referral to a parent or guardian so appropriate action, such as seeking mental health or substance abuse services, may be taken by a parent or guardian; and


(4) assist students in returning to school following treatment of a mental health concern or suicide attempt.


(f) In developing the list of best practice-based programs and research-based practices, the agency and the Health and Human Services Commission shall consider:


(1) any existing suicide prevention method developed by a school district; and


(2) any Internet or online course or program developed in this state or another state that is based on best practices recognized by the Substance Abuse and Mental Health Services Administration or the Suicide Prevention Resource Center.


(g) Except as otherwise provided by this subsection, each school district shall provide training described in the components set forth under Subsection (e) for teachers, school counselors, principals, and all other appropriate personnel. A school district is required to provide the training at an elementary school campus only to the extent that sufficient funding and programs are available. A school district may implement a program on the list to satisfy the requirements of this subsection.


(h) If a school district provides the training under Subsection (g):


(1) a school district employee described under that subsection must participate in the training at least one time; and


(2) the school district shall maintain records that include the name of each district employee who participated in the training.


(i) A school district shall develop practices and procedures concerning each area listed in Subsection (c), including mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention, that:


(1) include a procedure for providing notice of a recommendation for early mental health or substance abuse intervention regarding a student to a parent or guardian of the student within a reasonable amount of time after the identification of early warning signs as described by Subsection (e)(2);


(2) include a procedure for providing notice of a student identified as at risk of attempting suicide to a parent or guardian of the student within a reasonable amount of time after the identification of early warning signs as described by Subsection (e)(2);


(3) establish that the district may develop a reporting mechanism and may designate at least one person to act as a liaison officer in the district for the purposes of identifying students in need of early mental health or substance abuse intervention or suicide prevention;


(4) set out available counseling alternatives for a parent or guardian to consider when their child is identified as possibly being in need of early mental health or substance abuse intervention or suicide prevention; and


(5) include procedures:


(A) to support the return of a student to school following hospitalization or residential treatment for a mental health condition or substance abuse; and


(B) for suicide prevention, intervention, and postvention.


(j) The practices and procedures developed under Subsection (i):


(1) may address multiple areas listed in Subsection (c) together; and


(2) must prohibit the use without the prior consent of a student's parent or guardian of a medical screening of the student as part of the process of identifying whether the student is possibly in need of early mental health or substance abuse intervention or suicide prevention.


(k) The practices and procedures developed under Subsection (i) must be included in:


(1) the annual student handbook; and


(2) the district improvement plan under Section 11.252.


(l) The agency shall develop and make available to school districts guiding principles on the coordination of programs and practices in areas listed under Subsection (c).


(m) The agency, the Health and Human Services Commission, and each regional education service center:


(1) may accept donations for purposes of this section from sources without a conflict of interest; and


(2) may not accept donations for purposes of this section from an anonymous source.


(n) Nothing in this section is intended to interfere with the rights of parents or guardians and the decision-making regarding the best interest of the child. Practices and procedures developed in accordance with this section are intended to notify a parent or guardian of a need for mental health or substance abuse intervention so that a parent or guardian may take appropriate action. Nothing in this section shall be construed as giving school districts the authority to prescribe medications. Any and all medical decisions are to be made by a parent or guardian of a student.


(o) In this section, "postvention" includes activities that promote healing necessary to reduce the risk of suicide by a person affected by the suicide of another.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1134 (H.B. 1386), Sec. 3, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 578 (S.B. 831), Sec. 2, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 578 (S.B. 831), Sec. 3, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 4, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 12, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 714 (H.B. 4056), Sec. 1, eff. June 12, 2017.


Reenacted, transferred, redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.21, eff. December 1, 2019.


Sec. 38.352. IMMUNITY. This subchapter does not:


(1) waive any immunity from liability of a school district or of district school officers or employees;


(2) create any liability for a cause of action against a school district or against district school officers or employees; or


(3) waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 5, eff. September 1, 2013.


Reenacted, transferred, redesignated and amended by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.21, eff. December 1, 2019.

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EDUCATION CODE CHAPTER 38. HEALTH AND SAFETY

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 38. HEALTH AND SAFETY SUBCHAPTER A. GENERAL PROVISIONS Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS. (a) Each student shall be fully immunized against diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis, except as provided by Subsection (c).

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Statutory Law-
Texas Education Code-Mental Health Training (SB 11)

This rule covers the requirement of creating a threat assessment and a safe and supportive school team to handle mental health issues. This multidisciplinary team should have members with 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. The team provides a systemic and coordinated multi-tiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health. The team is also responsible for providing or ensuring training is provided for teachers, staff, and other stakeholders in regards to grief and trauma-informed care practices as well as suicide prevention.

Reference: Threat Assessment and Safe and Supportive School Program and Team, Tex. Educ. Code § 37.115 (b)

Link:https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.115

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE G. SAFE SCHOOLS



CHAPTER 37. DISCIPLINE; LAW AND ORDER



SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT



Sec. 37.001. STUDENT CODE OF CONDUCT.


(a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:


(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;


(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;


(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;


(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:


(A) self-defense;


(B) intent or lack of intent at the time the student engaged in the conduct;


(C) a student's disciplinary history;


(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;


(E) a student's status in the conservatorship of the Department of Family and Protective Services; or


(F) a student's status as a student who is homeless;


(5) provide guidelines for setting the length of a term of:


(A) a removal under Section 37.006; and


(B) an expulsion under Section 37.007;


(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;


(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;


(8) provide, as appropriate for students at each grade level, methods, including options, for:


(A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;


(B) disciplining students; and


(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; and


(9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h).


(b) In this section:


(1) "Bullying" has the meaning assigned by Section 37.0832.


(2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety.


(3) "Hit list" means a list of people targeted to be harmed, using:


(A) a firearm, as defined by Section 46.01(3), Penal Code;


(B) a knife, as defined by Section 46.01(7), Penal Code; or


(C) any other object to be used with intent to cause bodily harm.


(4) "Student who is homeless" has the meaning assigned to the term "homeless children and youths" under 42 U.S.C. Section 11434a.


(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.


(c) Once the student code of conduct is promulgated, any change or amendment must be approved by the board of trustees.


(d) Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 2, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 4, 30, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 1, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 3, eff. June 18, 2005.


Acts 2009, 81st Leg., R.S., Ch. 897 (H.B. 171), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 5, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 487 (S.B. 1541), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 3, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 4, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 167 (H.B. 811), Sec. 1, eff. May 24, 2019.


Acts 2019, 86th Leg., R.S., Ch. 167 (H.B. 811), Sec. 2, eff. May 24, 2019.


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.


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.


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.


Sec. 37.002. REMOVAL BY TEACHER. (a) A teacher may send a student to the campus behavior coordinator's office to maintain effective discipline in the classroom. The campus behavior coordinator shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001 that can reasonably be expected to improve the student's behavior before returning the student to the classroom. If the student's behavior does not improve, the campus behavior coordinator shall employ alternative discipline management techniques, including any progressive interventions designated as the responsibility of the campus behavior coordinator in the student code of conduct.


(b) A teacher may remove from class a student:


(1) 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) whose behavior the teacher 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-1) A teacher may document any conduct by a student that does not conform to the student code of conduct adopted under Section 37.001 and may submit that documentation to the principal. A school district may not discipline a teacher on the basis of documentation submitted under this subsection.


(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 consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available. The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activity.


(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 consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available. 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 (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.


(e) A student who is sent to the campus behavior coordinator's or other administrator's office under Subsection (a) or removed from class under Subsection (b) is not considered to have been removed from the classroom for the purposes of reporting data through the Public Education Information Management System (PEIMS) or other similar reports required by state or federal law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 5, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 2, eff. June 17, 2005.


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 2, eff. June 20, 2015.


Acts 2019, 86th Leg., R.S., Ch. 630 (S.B. 1451), Sec. 3, eff. June 10, 2019.


Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT. (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. 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.


(b) In this section:


(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.


(2) "Seclusion" means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:


(A) is designed solely to seclude a person; and


(B) contains less than 50 square feet of space.


(3) "Time-out" means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:


(A) that is not locked; and


(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.


(4) "Law enforcement duties" means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure.


(c) A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply:


(1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;


(2) 40 T.A.C. Sections 720.1001-720.1013; or


(3) 25 T.A.C. Section 412.308(e).


(d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student with a disability receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must:


(1) be consistent with:


(A) professionally accepted practices and standards of student discipline and techniques for behavior management; and


(B) relevant health and safety standards; and


(2) identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique.


(e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls.


(f) For purposes of this subsection, "weapon" includes any weapon described under Section 37.007(a)(1). This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:


(1) the student possesses a weapon; and


(2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person.


(g) This section and any rules or procedures adopted under this section do not apply to:


(1) a peace officer performing law enforcement duties, except as provided by Subsection (i);


(2) juvenile probation, detention, or corrections personnel; or


(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.


(h) This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer:


(1) is employed or commissioned by a school district; or


(2) provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.


(i) A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities.


Added by Acts 2001, 77th Leg., ch. 212, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 6, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 2, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 3, eff. September 1, 2011.


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.


Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES. (a) In this section, "aversive technique" means a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain. The term includes a technique or intervention that:


(1) is designed to or likely to cause physical pain, other than an intervention or technique permitted under Section 37.0011;


(2) notwithstanding Section 37.0011, is designed to or likely to cause physical pain through the use of electric shock or any procedure that involves the use of pressure points or joint locks;


(3) involves the directed release of a noxious, toxic, or otherwise unpleasant spray, mist, or substance near the student's face;


(4) denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom facility;


(5) ridicules or demeans the student in a manner that adversely affects or endangers the learning or mental health of the student or constitutes verbal abuse;


(6) employs a device, material, or object that simultaneously immobilizes all four extremities, including any procedure that results in such immobilization known as prone or supine floor restraint;


(7) impairs the student's breathing, including any procedure that involves:


(A) applying pressure to the student's torso or neck; or


(B) obstructing the student's airway, including placing an object in, on, or over the student's mouth or nose or placing a bag, cover, or mask over the student's face;


(8) restricts the student's circulation;


(9) secures the student to a stationary object while the student is in a sitting or standing position;


(10) inhibits, reduces, or hinders the student's ability to communicate;


(11) involves the use of a chemical restraint;


(12) constitutes a use of timeout that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student's individualized education program, including isolating the student by the use of physical barriers; or


(13) except as provided by Subsection (c), deprives the student of the use of one or more of the student's senses.


(b) A school district or school district employee or volunteer or an independent contractor of a school district may not apply an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied, to a student.


(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


(2) complies with the student's individualized education program or behavior intervention plan.


(d) Nothing in this section may be construed to prohibit a teacher from removing a student from class under Section 37.002.


(e) In adopting procedures under this section, the commissioner shall provide guidance to school district employees, volunteers, and independent contractors of school districts in avoiding a violation of Subsection (b).


Added by Acts 2019, 86th Leg., R.S., Ch. 598 (S.B. 712), Sec. 1, eff. June 10, 2019.


Added by Acts 2019, 86th Leg., R.S., Ch. 1180 (H.B. 3630), Sec. 1, eff. June 14, 2019.


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.


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.


(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.


(e) Expired.


(f) Expired.


(g) Expired.


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.


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.


(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.


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.


Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (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) 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) sells, gives, or delivers to another person or possesses or uses or is under the influence 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.; or


(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


(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.


(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:


(A) a felony offense in Title 5, Penal Code; or


(B) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(2) a court or jury finds that the student has engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(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:


(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 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 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


(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.


(e) In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent's designee may consider all available information, including the information furnished under Article 15.27, Code of Criminal Procedure, other than information requested under Article 15.27(k-1), Code of Criminal Procedure.


(g) The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.


(h) On receipt of notice under Article 15.27(g), Code of Criminal Procedure, the superintendent or the superintendent's designee shall review the student's placement in the disciplinary alternative education program. The student may not be returned to the regular classroom pending the review. The superintendent or the superintendent's designee shall schedule a review of the student's placement with the student's parent or guardian not later than the third class day after the superintendent or superintendent's designee receives notice from the office or official designated by the court. After reviewing the notice and receiving information from the student's parent or guardian, the superintendent or the superintendent's designee may continue the student's placement in the disciplinary alternative education program if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.


(i) The student or the student's parent or guardian may appeal the superintendent's decision under Subsection (h) to the board of trustees. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next scheduled meeting, review the notice provided under Article 15.27(g), Code of Criminal Procedure, and receive information from the student, the student's parent or guardian, and the superintendent or superintendent's designee and confirm or reverse the decision under Subsection (h). The board shall make a record of the proceedings. If the board confirms the decision of the superintendent or superintendent's designee, the board shall inform the student and the student's parent or guardian of the right to appeal to the commissioner under Subsection (j).


(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). The student may not be returned to the regular classroom pending the appeal.


(k) Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).


(l) Notwithstanding any other provision of this code, other than Section 37.007(e)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.


(m) Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.007 for the same conduct for which removal would be required.


(n) A principal or other appropriate administrator may but is not required to remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.


(o) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a principal or a principal's designee shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct. 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. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 3, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 9, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 3, eff. June 17, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 1, eff. June 17, 2011.


Acts 2019, 86th Leg., R.S., Ch. 451 (S.B. 2135), Sec. 2, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 698 (S.B. 2432), Sec. 1, eff. September 1, 2019.


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.


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.


Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Except as provided by Subsection (k), 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:


(B) arson under Section 28.02, Penal Code;


(D) indecency with a child under Section 21.11, Penal Code;


(E) aggravated kidnapping under Section 20.04, Penal Code;


(F) 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 children under Section 21.02, Penal Code; or


(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.


(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) 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;


(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


(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.


(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. 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


(4) conduct that constitutes the offense of:


(A) public lewdness under Section 21.07, Penal Code;


(B) indecent exposure under Section 21.08, Penal Code;


(C) criminal mischief under Section 28.03, Penal Code;


(D) personal hazing under Section 37.152; or


(E) harassment under Section 42.07(a)(1), Penal Code, of a student or district employee.


(d) A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (a), and may be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district, 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.


(e) In accordance with 20 U.S.C. 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. Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that:


(1) the superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 7801, may modify the length of the expulsion in the case of an individual student;


(2) the district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program as provided by Section 37.008 if the student is younger than 10 years of age on the date of expulsion; 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.


(f) A student who engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.


(g) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a school district shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct. 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. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.


(h) Subject to Subsection (e), notwithstanding any other provision of this section, a student who is younger than 10 years of age may not be expelled for engaging in conduct described by this section.


(i) A student who engages in conduct described by Subsection (a) may be expelled from school by the district in which the student attends school if the student engages in that conduct:


(1) on school property of another district in this state; or


(2) while attending a school-sponsored or school-related activity of a school in another district in this state.


(k) A student may not be expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs:


(1) at an approved target range facility that is not located on a school campus; and


(2) while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.


(l) Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 5, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 542, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 2, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 225, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 443, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 10, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 4, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.004, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.26, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 338 (H.B. 1020), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 963 (H.B. 1224), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 3, eff. June 20, 2015.


Sec. 37.008. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.


(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


(7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21.


(a-1) The agency shall adopt minimum standards for the operation of disciplinary alternative education programs, including standards relating to:


(1) student/teacher ratios;


(2) student health and safety;


(3) reporting of abuse, neglect, or exploitation of students;


(4) training for teachers in behavior management and safety procedures; and


(5) planning for a student's transition from a disciplinary alternative education program to a regular campus.


(b) A disciplinary alternative education program may provide for a student's transfer to:


(1) a different campus;


(2) a school-community guidance center; or


(3) a community-based alternative school.


(c) An off-campus disciplinary alternative education program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39 or 39A.


(d) A school district may provide a disciplinary alternative education program jointly with one or more other districts.


(e) Each school district shall cooperate with government agencies and community organizations that provide services in the district to students placed in a disciplinary alternative education program.


(f) A student removed to a disciplinary alternative education program is counted in computing the average daily attendance of students in the district for the student's time in actual attendance in the program.


(g) A school district shall allocate to a disciplinary alternative education program the same expenditure per student attending the disciplinary alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program.


(h) A school district may not place a student, other than a student suspended as provided under Section 37.005 or expelled as provided under Section 37.007, in an unsupervised setting as a result of conduct for which a student may be placed in a disciplinary alternative education program.


(i) On request of a school district, a regional education service center may provide to the district information on developing a disciplinary alternative education program that takes into consideration the district's size, wealth, and existing facilities in determining the program best suited to the district.


(j) If a student placed in a disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls shall inform each educator who will have responsibility for, or will be under the direction and supervision of an educator who will have responsibility for, the instruction of the student of the contents of the placement order. 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. The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement. A district may take any action permitted by this subsection if:


(1) the student was placed in a disciplinary alternative education program by an open-enrollment charter school under Section 12.131 and the charter school provides to the district a copy of the placement order; or


(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


(B) the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling.


(j-1) If a student was placed in a disciplinary alternative education program by a school district in another state for a period that exceeds one year and a school district in this state in which the student enrolls continues the placement under Subsection (j), the district shall reduce the period of the placement so that the aggregate period does not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(l) A school district is required to provide in the district's disciplinary alternative education program a course necessary to fulfill a student's high school graduation requirements only as provided by this subsection. A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school. The district may not charge the student for a course provided under this subsection.


(l-1) A school district shall provide the parents of a student removed to a disciplinary alternative education program with written notice of the district's obligation under Subsection (l) to provide the student with an opportunity to complete coursework required for graduation. The notice must:


(1) include information regarding all methods available for completing the coursework; and


(2) state that the methods are available at no cost to the student.


(m) The commissioner shall adopt rules necessary to evaluate annually the performance of each district's disciplinary alternative education program established under this subchapter. The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections 39.023(a) and (c). Academically, the mission of disciplinary alternative education programs shall be to enable students to perform at grade level.


(m-1) The commissioner shall develop a process for evaluating a school district disciplinary alternative education program electronically. The commissioner shall also develop a system and standards for review of the evaluation or use systems already available at the agency. The system must be designed to identify districts that are at high risk of having inaccurate disciplinary alternative education program data or of failing to comply with disciplinary alternative education program requirements. The commissioner shall notify the board of trustees of a district of any objection the commissioner has to the district's disciplinary alternative education program data or of a violation of a law or rule revealed by the data, including any violation of disciplinary alternative education program requirements, or of any recommendation by the commissioner concerning the data. If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general. The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of disciplinary alternative education program data.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 6, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.16, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1112, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 631, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 11, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 5, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1171 (H.B. 426), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1316 (S.B. 49), Sec. 1, eff. June 17, 2011.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(19), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 7, eff. June 15, 2017.


Sec. 37.0081. EXPULSION AND PLACEMENT OF CERTAIN STUDENTS IN ALTERNATIVE SETTINGS. (a) Subject to Subsection (h), but notwithstanding any other provision of this subchapter, the board of trustees of a school district, or the board's designee, after an opportunity for a hearing may expel a student and elect to place the student in an alternative setting as provided by Subsection (a-1) if:


(1) the student:


(A) has received deferred prosecution under Section 53.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(B) has been found by a court or jury to have engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(C) is charged with engaging in conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(D) has been referred to a juvenile court for allegedly engaging in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(E) has received probation or deferred adjudication for a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code;


(F) has been convicted of a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code; or


(G) has been arrested for or charged with a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code; and


(2) the board or the board's designee determines that the student's presence in the regular classroom:


(A) threatens the safety of other students or teachers;


(B) will be detrimental to the educational process; or


(C) is not in the best interests of the district's students.


(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 disciplinary alternative education program.


(b) Any decision of the board of trustees or the board's designee under this section is final and may not be appealed.


(c) The board of trustees or the board's designee may expel the student and order placement in accordance with this section regardless of:


(1) the date on which the student's conduct occurred;


(2) the location at which the conduct occurred;


(3) whether the conduct occurred while the student was enrolled in the district; or


(4) whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.


(d) Notwithstanding Section 37.009(c) or (d) or any other provision of this subchapter, a student expelled and ordered placed in an alternative setting by the board of trustees or the board's designee is subject to that placement until:


(1) the student graduates from high school;


(2) the charges described by Subsection (a)(1) are dismissed or reduced to a misdemeanor offense; or


(3) the student completes the term of the placement or is assigned to another program.


(e) A student placed in an alternative setting in accordance with this section is entitled to the periodic review prescribed by Section 37.009(e).


(f) Subsection (d) continues to apply to the student if the student transfers to another school district in the state.


(g) The board of trustees shall reimburse a juvenile justice alternative education program in which a student is placed under this section for the actual cost incurred each day for the student while the student is enrolled in the program. For purposes of this subsection:


(1) the actual cost incurred each day for the student is determined by the juvenile board of the county operating the program; and


(2) the juvenile board shall determine the actual cost each day of the program based on the board's annual audit.


(h) To the extent of a conflict between this section and Section 37.007, Section 37.007 prevails.


Added by Acts 2003, 78th Leg., ch. 1055, Sec. 12, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 3, eff. June 17, 2011.


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.


Sec. 37.009. CONFERENCE; HEARING; REVIEW.


(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. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference. 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. 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. If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under Section 37.007, the decision of the board or the board's designee is final and may not be appealed. If the period of the placement 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. 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.


(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. Any decision of the board or the board's designee under this subsection is final and may not be appealed.


(c) Before it may place a student in a disciplinary alternative education program for a period that extends beyond the end of the school year, the board or the board's designee must determine that:


(1) the student's presence in the regular classroom program or at the student's regular campus presents a danger of physical harm to the student or to another individual; or


(2) the student has engaged in serious or persistent misbehavior that violates the district's student code of conduct.


(d) The board or the board's designee shall set a term for a student's placement in a disciplinary alternative education program. If the period of the placement 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. The period of the placement may not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(e) A student placed in a disciplinary alternative education program shall be provided a review of the student's status, including a review of the student's academic status, by the board's designee at intervals not to exceed 120 days. In the case of a high school student, the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The district is not required under this subsection to provide a course in the district's disciplinary alternative education program except as required by Section 37.008(l). At the review, the student or the student's parent or guardian must be given the opportunity to present arguments for the student's return to the regular classroom or campus. The student may not be returned to the classroom of the teacher who removed the student without that teacher's consent. The teacher may not be coerced to consent.


(f) Before a student may be expelled under Section 37.007, the board or the board's designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student's parent or guardian is invited, in writing, to attend. At the hearing, the student is entitled to be represented by the student's parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district. If the school district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends. Before ordering the expulsion of a student, the board of trustees 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 board concerns a mandatory or discretionary action. If the decision to expel a student is made by the board's designee, the decision may be appealed to the board. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district's central administrative office is located.


(g) The board or the board's designee shall deliver to the student and the student's parent or guardian a copy of the order placing the student in a disciplinary alternative education program under Section 37.001, 37.002, or 37.006 or expelling the student under Section 37.007.


(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. The period of an expulsion may not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student. After a school district notifies the parents or guardians of a student that the student has been expelled, the parent or guardian shall provide adequate supervision of the student during the period of expulsion.


(i) If a student withdraws from the district before an order for placement in a disciplinary alternative education program or expulsion is entered under this section, the principal or board, as appropriate, may complete the proceedings and enter an order. If the student subsequently enrolls in the district during the same or subsequent school year, the district may enforce the order at that time except for any period of the placement or expulsion that has been served by the student on enrollment in another district that honored the order. If the principal or board fails to enter an order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order.


(j) If, during the term of a placement or expulsion ordered under this section, a student engages in additional conduct for which placement in a disciplinary alternative education program or expulsion is required or permitted, additional proceedings may be conducted under this section regarding that conduct and the principal or board, as appropriate, may enter an additional order as a result of those proceedings.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 7, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 13, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 4, eff. June 20, 2015.


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.


Sec. 37.010. COURT INVOLVEMENT. (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. In a county that operates a program under Section 37.011, an expelled student shall to the extent provided by law or by the memorandum of understanding immediately attend the educational program from the date of expulsion, except that in a county with a population greater than 125,000, every expelled student who is not detained or receiving treatment under an order of the juvenile court must be enrolled in an educational program.


(b) If a student is expelled under Section 37.007(c), the board or its designee shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Title 3, Family Code.


(c) Unless the juvenile board for the county in which the district's central administrative office is located has entered into a memorandum of understanding with the district's board of trustees concerning the juvenile probation department's role in supervising and providing other support services for students in disciplinary alternative education programs, a court may not order a student expelled under Section 37.007 to attend a regular classroom, a regular campus, or a school district disciplinary alternative education program as a condition of probation.


(d) Unless the juvenile board for the county in which the district's central administrative office is located has entered into a memorandum of understanding as described by Subsection (c), if a court orders a student to attend a disciplinary alternative education program as a condition of probation once during a school year and the student is referred to juvenile court again during that school year, the juvenile court may not order the student to attend a disciplinary alternative education program in a district without the district's consent until the student has successfully completed any sentencing requirements the court imposes.


(e) Any placement in a disciplinary alternative education program by a court under this section must prohibit the student from attending or participating in school-sponsored or school-related activities.


(g) If an expelled student enrolls in another school district, the board of trustees of the district that expelled the student shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the expulsion order and the referral to the authorized officer of the juvenile court. The district in which the student enrolls may continue the expulsion under the terms of the order, may place the student in a disciplinary alternative education program for the period specified by the expulsion order, or may allow the student to attend regular classes without completing the period of expulsion. 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


(2) the grounds for the expulsion are also grounds for expulsion in the district in which the student is enrolling.


(g-1) If a student was expelled by a school district in another state for a period that exceeds one year and a school district in this state continues the expulsion or places the student in a disciplinary alternative education program under Subsection (g), the district shall reduce the period of the expulsion or placement so that the aggregate period does not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(h) A person is not liable in civil damages for a referral to juvenile court 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. 1015, Sec. 8, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 15, eff. June 20, 2003.


Sec. 37.011. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice alternative education program, subject to the approval of the Texas Juvenile Justice Department. The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. For the purposes of this subchapter, only a disciplinary alternative education program operated under the authority of a juvenile board of a county is considered a juvenile justice alternative education program. A juvenile justice alternative education program in a county with a population of 125,000 or less:


(1) is not required to be approved by the department; and


(2) is not subject to Subsection (c), (d), (f), or (g).


(a-1) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if:


(1) the county had a population of 125,000 or less according to the 2000 federal census; and


(2) the juvenile board of the county enters into, with the approval of the Texas Juvenile Justice Department, a memorandum of understanding with each school district within the county that:


(A) outlines the responsibilities of the board and school districts in minimizing the number of students expelled without receiving alternative educational services; and


(B) includes the coordination procedures required by Section 37.013.


(a-2) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:


(1) has a population of 180,000 or less;


(2) is adjacent to two counties, each of which has a population of more than 1.7 million; and


(3) has seven or more school districts located wholly within the county's boundaries.


(a-3) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:


(1) has a population of more than 200,000 and less than 220,000;


(2) has five or more school districts located wholly within the county's boundaries; and


(3) has located in the county a juvenile justice alternative education program that, on May 1, 2011, served fewer than 15 students.


(a-4) A school district located in a county considered to be a county with a population of 125,000 or less under Subsection (a-3) shall provide educational services to a student who is expelled from school under this chapter. The district is entitled to count the student in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. An educational placement under this section may include:


(1) the district's disciplinary alternative education program; or


(2) a contracted placement with:


(A) another school district;


(B) an open-enrollment charter school;


(C) an institution of higher education;


(D) an adult literacy council; or


(E) a community organization that can provide an educational program that allows the student to complete the credits required for high school graduation.


(a-5) For purposes of Subsection (a-4), an educational placement other than a school district's disciplinary alternative education program is subject to the educational and certification requirements applicable to an open-enrollment charter school under Subchapter D, Chapter 12.


(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.


(b-1) Subsection (b)(4) does not require that educational services be provided to a student who is not entitled to admission into the public schools of a school district under Section 25.001(b).


(c) A juvenile justice alternative education program shall adopt a student code of conduct in accordance with Section 37.001.


(d) A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school. Each program shall administer assessment instruments under Subchapter B, Chapter 39, and shall offer a high school equivalency program. The juvenile board or the board's designee, with the parent or guardian of each student, shall regularly review the student's academic progress. In the case of a high school student, the board or the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this subsection.


(e) A juvenile justice alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice alternative education program under a contract with the juvenile board.


(f) A juvenile justice alternative education program must operate at least seven hours per day and 180 days per year, except that a program may apply to the Texas Juvenile Justice Department for a waiver of the 180-day requirement. The department may not grant a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program.


(g) A juvenile justice alternative education program shall be subject to a written operating policy developed by the local juvenile justice board and submitted to the Texas Juvenile Justice Department for review and comment. A juvenile justice alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39 or 39A.


(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.


(i) A student transferred to a juvenile justice alternative education program must participate in the program for the full period ordered by the juvenile court unless the student's school district agrees to accept the student before the date ordered by the juvenile court. The juvenile court may not order a period of transfer under this section that exceeds the term of any probation ordered by the juvenile court.


(j) 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 professional employees and volunteers are immune from liability to the same extent as a school district's professional employees and volunteers.


(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.


(l) The school district shall be responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion under Section 37.007(b) and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program. The memorandum of understanding shall address the circumstances under which such students who continue to engage in serious misbehavior, as defined by Section 37.007(c), shall be admitted into the juvenile justice alternative education program.


(m) Each school district in a county with a population greater than 125,000 and the county juvenile board shall adopt a joint memorandum of understanding as required by this section not later than September 1 of each school year.


(n) If a student who is ordered to attend a juvenile justice alternative education program moves from one county to another, the juvenile court may request the juvenile justice alternative education program in the county to which the student moves to provide educational services to the student in accordance with the local memorandum of understanding between the school district and juvenile board in the receiving county.


(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.


(p) If a district elects to contract with the juvenile board for placement in the juvenile justice alternative education program of students expelled under Section 37.007(b), (c), and (f) and the juvenile board and district are unable to reach an agreement in the memorandum of understanding, either party may request that the issues of dispute be referred to a binding arbitration process that uses a qualified alternative dispute resolution arbitrator in which each party will pay its pro rata share of the arbitration costs. Each party must submit its final proposal to the arbitrator. If the parties cannot agree on an arbitrator, the juvenile board shall select an arbitrator, the school districts shall select an arbitrator, and those two arbitrators shall select an arbitrator who will decide the issues in dispute. An arbitration decision issued under this subsection is enforceable in a court in the county in which the juvenile justice alternative education program is located. Any decision by an arbitrator concerning the amount of the funding for a student who is expelled and attending a juvenile justice alternative education program must provide an amount sufficient based on operation of the juvenile justice alternative education program in accordance with this chapter. 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


(3) the costs necessary to achieve the accountability goals under this chapter.


(q) In accordance with rules adopted by the board of trustees for the Teacher Retirement System of Texas, a certified educator employed by a juvenile board in a juvenile justice alternative education program shall be eligible for membership and participation in the system to the same extent that an employee of a public school district is eligible. 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.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 9, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1282, Sec. 1, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1225, Sec. 2, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 16, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 376 (H.B. 1425), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 235 (H.B. 592), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 4, eff. June 17, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 70.01, eff. September 28, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 33, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(20), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.042, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 2, eff. June 14, 2019.


(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.


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.


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.


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.


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.


Sec. 37.0151. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. (a) The principal of a public primary or secondary school, or a person designated by the principal under Subsection (c), may make a report to any school district police department, if applicable, or 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, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 or 42.07(a)(7), Penal Code.


(b) A person who makes a report under this section may include the name and address of each student the person believes may have participated in the conduct.


(c) The principal of a public primary or secondary school may designate a school employee, other than a school counselor, who is under the supervision of the principal to make the report under this section.


(d) A person who is not a school employee but is employed by an entity that contracts with a district or school to use school property is not required to make a report under this section and may not be designated by the principal of a public primary or secondary school to make a report. A person who voluntarily makes a report under this section is immune from civil or criminal liability.


(e) A person who takes any action under this section is immune from civil or criminal liability or disciplinary action resulting from that action.


(f) Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act under this section.


(g) A school district and school personnel and school volunteers are immune from suit resulting from an act under this section, including an act under related policies and procedures.


(h) An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district's employees.


Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 4, eff. September 1, 2017.


Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property:


(1) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code;


(2) a dangerous drug, as defined by Chapter 483, Health and Safety Code;


(3) an abusable glue or aerosol paint, as defined by Chapter 485, Health and Safety Code, or a volatile chemical, as listed in Chapter 484, Health and Safety Code, if the substance is used or sold for the purpose of inhaling its fumes or vapors; or


(4) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.017. DESTRUCTION OF CERTAIN RECORDS. Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information at the end of the school year in which the report was filed.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.018. INFORMATION FOR EDUCATORS. Each school district shall provide each teacher and administrator with a copy of this subchapter and with a copy of the local policy relating to this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.0181. PROFESSIONAL DEVELOPMENT REGARDING DISCIPLINARY PROCEDURES. (a) Each principal or other appropriate administrator who oversees student discipline shall, at least once every three school years, attend professional development training regarding this subchapter, including training relating to the distinction between a discipline management technique used at the principal's discretion under Section 37.002(a) and the discretionary authority of a teacher to remove a disruptive student under Section 37.002(b).


(b) Professional development training under this section may be provided in coordination with regional education service centers through the use of distance learning methods, such as telecommunications networks, and using available agency resources.


Added by Acts 2013, 83rd Leg., R.S., Ch. 329 (H.B. 1952), Sec. 1, eff. June 14, 2013.


Sec. 37.019. EMERGENCY PLACEMENT OR EXPULSION. (a) This subchapter does not prevent the principal or the principal's designee from ordering the immediate placement of a student in a disciplinary alternative education program if the principal or the principal's designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of school or a school-sponsored activity.


(b) This subchapter does not prevent the principal or the principal's designee from ordering the immediate expulsion of a student if the principal or the principal's designee reasonably believes that action is necessary to protect persons or property from imminent harm.


(c) At the time of an emergency placement or expulsion, the student shall be given oral notice of the reason for the action. The reason must be a reason for which placement in a disciplinary alternative education program or expulsion may be made on a nonemergency basis. Within a reasonable time after the emergency placement or expulsion, but not later than the 10th day after the date of the placement or expulsion, the student shall be accorded the appropriate due process as required under Section 37.009. If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the emergency placement or expulsion is subject to federal law and regulations and must be consistent with the consequences that would apply under this subchapter to a student without a disability.


(d) A principal or principal's designee is not liable in civil damages for an emergency placement under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 7, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 20, eff. June 20, 2003.


Sec. 37.020. REPORTS RELATING TO OUT-OF-SCHOOL SUSPENSIONS, EXPULSIONS, AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a) In the manner required by the commissioner, each school district shall annually report to the commissioner the information required by this section.


(b) For each placement in a disciplinary alternative education program established under Section 37.008, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating whether the placement was based on:


(A) conduct violating the student code of conduct adopted under Section 37.001;


(B) conduct for which a student may be removed from class under Section 37.002(b);


(C) conduct for which placement in a disciplinary alternative education program is required by Section 37.006; or


(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


(4) the number of placements that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5).


(c) For each expulsion under Section 37.007, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating whether the expulsion was based on:


(A) conduct for which expulsion is required under Section 37.007, including information specifically indicating whether a student was expelled on the basis of Section 37.007(e); or


(B) conduct for which expulsion is permitted under Section 37.007;


(3) the number of full or partial days the student was expelled;


(4) information indicating whether:


(A) the student was placed in a juvenile justice alternative education program under Section 37.011;


(B) the student was placed in a disciplinary alternative education program; or


(C) the student was not placed in a juvenile justice or other disciplinary alternative education program; and


(5) the number of expulsions that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5).


(d) Expired.


(e) Expired.


(f) For each out-of-school suspension under Section 37.005, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating the basis for the suspension;


(3) the number of full or partial days the student was suspended; and


(4) the number of out-of-school suspensions that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(3).


Added by Acts 1997, 75th Leg., ch. 1015, Sec. 11, eff. June 19, 1997. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 21, eff. June 20, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 691 (H.B. 156), Sec. 2, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1229 (H.B. 65), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1229 (H.B. 65), Sec. 2, eff. June 14, 2019.


Sec. 37.021. OPPORTUNITY TO COMPLETE COURSES DURING IN-SCHOOL AND CERTAIN OTHER PLACEMENTS. (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.


(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 2003, 78th Leg., ch. 1055, Sec. 22, eff. June 20, 2003.


Sec. 37.022. NOTICE OF DISCIPLINARY ACTION. (a) In this section:


(1) "Disciplinary action" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a student by a district or school.


(2) "District or school" includes an independent school district, a home-rule school district, a campus or campus program charter holder, or an open-enrollment charter school.


(b) If a district or school takes disciplinary action against a student and the student subsequently enrolls in another district or school before the expiration of the period of disciplinary action, the governing body of the district or school taking the disciplinary action shall provide to the district or school in which the student enrolls, at the same time other records of the student are provided, a copy of the order of disciplinary action.


(c) Subject to Section 37.007(e), the district or school in which the student enrolls may continue the disciplinary action under the terms of the order or may allow the student to attend regular classes without completing the period of disciplinary action.


Added by Acts 2003, 78th Leg., ch. 631, Sec. 1, eff. June 20, 2003.


Renumbered from Education Code, Section 37.021 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(16), eff. September 1, 2005.


Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM. (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


(C) a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity.


(2) "Licensed clinical social worker" has the meaning assigned by Section 505.002, Occupations Code.


(b) As soon as practicable after an alternative education program determines the date of a student's release from the program, the alternative education program administrator shall:


(1) provide written notice of that date to:


(A) the student's parent or a person standing in parental relation to the student; and


(B) the administrator of the campus to which the student intends to transition; and


(2) provide the campus administrator:


(A) an assessment of the student's academic growth while attending the alternative education program; and


(B) the results of any assessment instruments administered to the student.


(c) Not later than five instructional days after the date of a student's release from an alternative education program, the campus administrator shall coordinate the student's transition to a regular classroom. The coordination must include assistance and recommendations from:


(1) school counselors;


(2) school district peace officers;


(3) school resource officers;


(4) licensed clinical social workers;


(5) campus behavior coordinators;


(6) classroom teachers who are or may be responsible for implementing the student's personalized transition plan developed under Subsection (d); and


(7) any other appropriate school district personnel.


(d) The assistance required by Subsection (c) must include a personalized transition plan for the student developed by the campus administrator. A personalized transition plan:


(1) must include recommendations for the best educational placement of the student; and


(2) may include:


(A) recommendations for counseling, behavioral management, or academic assistance for the student with a concentration on the student's academic or career goals;


(B) recommendations for assistance for obtaining access to mental health services provided by the district or school, a local mental health authority, or another private or public entity;


(C) the provision of information to the student's parent or a person standing in parental relation to the student about the process to request a full individual and initial evaluation of the student for purposes of special education services under Section 29.004; and


(D) a regular review of the student's progress toward the student's academic or career goals.


(e) If practicable, the campus administrator, or the administrator's designee, shall meet with the student's parent or a person standing in parental relation to the student to coordinate plans for the student's transition.


(f) This section applies only to a student subject to compulsory attendance requirements under Section 25.085.


Added by Acts 2019, 86th Leg., R.S., Ch. 803 (H.B. 2184), Sec. 1, eff. June 10, 2019.


SUBCHAPTER B. SCHOOL-COMMUNITY GUIDANCE CENTERS



Sec. 37.051. ESTABLISHMENT. Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders. Each center shall coordinate the efforts of school district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.052. COOPERATIVE PROGRAMS. The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.053. COOPERATION OF GOVERNMENTAL AGENCIES. (a) Each governmental agency that is concerned with children and that has jurisdiction in the school district shall cooperate with the school-community guidance centers on the request of the superintendent of the district and shall designate a liaison to work with the centers in identifying and correcting problems affecting school-age children in the district.


(b) The governmental agency may establish or finance a school-community guidance center jointly with the school district according to terms approved by the governing body of each entity participating in the joint establishment or financing of the center.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.054. PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMATION. (a) Before a student is admitted to a school-community guidance center, the administrator of the center must notify the student's parent or guardian that the student has been assigned to attend the center.


(b) The notification must include:


(1) the reason that the student has been assigned to the center;


(2) a statement that on request the parent or guardian is entitled to be fully informed in writing of any treatment method or testing program involving the student; and


(3) a statement that the parent or guardian may request to be advised and to give written, signed consent for any psychological testing or treatment involving the student.


(c) If, after notification, a parent refuses to consent to testing or treatment of the student, the center may not provide any further psychological treatment or testing.


(d) A parent or guardian of a student attending a center is entitled to inspect:


(1) any instructional or guidance material to be used by the student, including teachers' manuals, tapes, and films; and


(2) the results of any treatment, testing, or guidance method involving the student.


(e) The administrator of the center may set a schedule for inspection of materials that allows reasonable access but does not interfere with the conduct of classes or business activities of the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.055. PARENTAL INVOLVEMENT. (a) On admitting a student to a school-community guidance center, a representative of the school district, the student, and the student's parent shall develop an agreement that specifies the responsibilities of the parent and the student. The agreement must include:


(1) a statement of the student's behavioral and learning objectives;


(2) a requirement that the parent attend specified meetings and conferences for teacher review of the student's progress; 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.


(b) The superintendent of the school district may obtain a court order from a district court in the school district requiring a parent to comply with an agreement made under this section. A parent who violates a court order issued under this subsection may be punished for contempt of court.


(c) In this section, "parent" includes a legal guardian.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.056. COURT SUPERVISION. (a) In this section, "court" means a juvenile court or alternate juvenile court designated under Chapter 51, Family Code. The court may delegate responsibility under this section to a referee appointed under Section 51.04, Family Code.


(b) If a representative of the school district, the student, and the parent or guardian for any reason fail to reach an agreement under Section 37.055, the court may, on the request of any party and after a hearing, enter an order establishing the responsibilities and duties of each of the parties as the court considers appropriate.


(c) The court may compel attendance at any hearing held under this section through any legal process, including subpoena and habeas corpus.


(d) If the parties reach an agreement under Section 37.055, and if the written agreement so provides, the court may enter an order that incorporates the terms of the agreement.


(e) Any party who violates an order issued under this section may be punished for contempt of court.


(f) A school district may enter into an agreement to share the costs incurred by a county under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER C. LAW AND ORDER



Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL RESOURCE OFFICERS, AND SECURITY PERSONNEL. (a) The board of trustees of any school district may employ security personnel, enter into a memorandum of understanding with a local law enforcement agency for the provision of school resource officers, and commission peace officers to carry out this subchapter. If a board of trustees authorizes a person employed as security personnel to carry a weapon, the person must be a commissioned peace officer. The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ the peace officer or security personnel or that enter into a memorandum of understanding for the provision of a school resource officer.


(b) In a peace officer's jurisdiction, a peace officer commissioned under this section:


(1) has the powers, privileges, and immunities of peace officers;


(2) may enforce all laws, including municipal ordinances, county ordinances, and state laws;


(3) may, in accordance with Chapter 52, Family Code, or Article 45.058, Code of Criminal Procedure, take a child into custody; and


(4) may dispose of cases in accordance with Section 52.03 or 52.031, Family Code.


(c) A school district peace officer may provide assistance to another law enforcement agency. A school district may contract with a political subdivision for the jurisdiction of a school district peace officer to include all territory in the jurisdiction of the political subdivision.


(d) The board of trustees of the school district shall determine the law enforcement duties of peace officers, school resource officers, and security personnel. The duties must be included in:


(1) the district improvement plan under Section 11.252;


(2) the student code of conduct adopted under Section 37.001;


(3) any memorandum of understanding providing for a school resource officer; and


(4) any other campus or district document describing the role of peace officers, school resource officers, or security personnel in the district.


(d-1) A school district peace officer, a school resource officer, and security personnel shall perform law enforcement duties for the school district that must include protecting:


(1) the safety and welfare of any person in the jurisdiction of the peace officer, resource officer, or security personnel; and


(2) the property of the school district.


(d-2) A school district may not assign or require as duties of a school district peace officer, a school resource officer, or security personnel:


(1) routine student discipline or school administrative tasks; or


(2) contact with students unrelated to the law enforcement duties of the peace officer, resource officer, or security personnel.


(d-3) This section does not prohibit a school district peace officer, a school resource officer, or security personnel from informal contact with a student unrelated to:


(1) the assigned duties of the officer or security personnel; or


(2) an incident involving student behavior or law enforcement.


(d-4) In determining the law enforcement duties under Subsection (d), the board of trustees of the school district shall coordinate with district campus behavior coordinators and other district employees to ensure that school district peace officers, school resource officers, and security personnel are tasked only with duties related to law enforcement intervention and not tasked with behavioral or administrative duties better addressed by other district employees.


(e) The board of trustees of the district shall determine the scope of the on-duty and off-duty law enforcement activities of school district peace officers. A school district must authorize in writing any off-duty law enforcement activities performed by a school district peace officer.


(f) The chief of police of the school district police department shall be accountable to the superintendent and shall report to the superintendent. School district police officers shall be supervised by the chief of police of the school district or the chief of police's designee and shall be licensed by the Texas Commission on Law Enforcement.


(g) A school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies.


(h) A peace officer assigned to duty and commissioned under this section shall take and file the oath required of peace officers and shall execute and file a bond in the sum of $1,000, payable to the board of trustees, with two or more sureties, conditioned that the peace officer will fairly, impartially, and faithfully perform all the duties that may be required of the peace officer by law. The bond may be sued on in the name of any person injured until the whole amount of the bond is recovered. Any peace officer commissioned under this section must meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.11, eff. May 18, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 9, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 4, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 402 (S.B. 1707), Sec. 2, eff. June 2, 2019.


Acts 2019, 86th Leg., R.S., Ch. 402 (S.B. 1707), Sec. 3, eff. June 2, 2019.


Sec. 37.0811. SCHOOL MARSHALS: PUBLIC SCHOOLS.


(a) The board of trustees of a school district or the governing body of an open-enrollment charter school may appoint one or more school marshals for each campus.


(b) The board of trustees of a school district or the governing body of an open-enrollment charter school may select for appointment as a school marshal under this section an applicant who is an employee of the school district or open-enrollment charter school and certified as eligible for appointment under Section 1701.260, Occupations Code. The board of trustees or governing body may, but shall not be required to, reimburse the amount paid by the applicant to participate in the training program under that section.


(c) A school marshal appointed by the board of trustees of a school district or the governing body of an open-enrollment charter school may carry or possess a handgun on the physical premises of a school, but only:


(1) in the manner provided by written regulations adopted by the board of trustees or the governing body; and


(2) at a specific school as specified by the board of trustees or governing body, as applicable.


(d) Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun as described by Subsection (c), except that if the primary duty of the school marshal involves regular, direct contact with students, the marshal may not carry a concealed handgun but may possess a handgun on the physical premises of a school in a locked and secured safe within the marshal's immediate reach when conducting the marshal's primary duty. The written regulations must also require that a handgun carried by or within access of a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.


(e) A school marshal may access a handgun under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.


(f) A school district or charter school employee's status as a school marshal becomes inactive on:


(1) expiration of the employee's school marshal license under Section 1701.260, Occupations Code;


(2) suspension or revocation of the employee's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;


(3) termination of the employee's employment with the district or charter school; or


(4) notice from the board of trustees of the district or the governing body of the charter school that the employee's services as school marshal are no longer required.


(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.


(h) If a parent or guardian of a student enrolled at a school inquires in writing, the school district or open-enrollment charter school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice may not disclose information that is confidential under Subsection (g).


Added by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 3, eff. June 14, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 8, eff. January 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 1176 (S.B. 996), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 3, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 1, eff. September 1, 2019.


Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. (a) A school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement.


(b) A school district that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1258 (H.B. 2684), Sec. 1, eff. June 20, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 9, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 2, eff. June 14, 2019.


Sec. 37.0813. SCHOOL MARSHALS: PRIVATE SCHOOLS.


(a) The governing body of a private school may appoint one or more school marshals.


(b) The governing body of a private school may select for appointment as a school marshal under this section an applicant who is an employee of the school and certified as eligible for appointment under Section 1701.260, Occupations Code.


(c) A school marshal appointed by the governing body of a private school may carry or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the governing body.


(d) Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun as described by Subsection (c), except that if the primary duty of the school marshal involves regular, direct contact with students in a classroom setting, the marshal may not carry a concealed handgun but may possess a handgun on the physical premises of a school in a locked and secured safe within the marshal's immediate reach when conducting the marshal's primary duty. The written regulations must also require that a handgun carried by or within access of a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.


(e) A school marshal may access a handgun under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.


(f) A private school employee's status as a school marshal becomes inactive on:


(1) expiration of the employee's school marshal license under Section 1701.260, Occupations Code;


(2) suspension or revocation of the employee's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;


(3) termination of the employee's employment with the private school; or


(4) notice from the governing body that the employee's services as school marshal are no longer required.


(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.


(h) If a parent or guardian of a student enrolled at a private school inquires in writing, the school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice may not disclose information that is confidential under Subsection (g).


(i) This section does not apply to a school whose students meet the definition provided by Section 29.916(a)(1).


Added by Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 4, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 2, eff. September 1, 2019.


Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school and may not regulate the manner in which the handgun, firearm, or ammunition is stored in the vehicle, provided that the handgun, firearm, or ammunition is not in plain view.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 13, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 758 (H.B. 1143), Sec. 1, eff. June 10, 2019.


Sec. 37.082. POSSESSION OF PAGING DEVICES. (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. The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device.


(b) The policy may provide for the district to:


(1) dispose of a confiscated paging device in any reasonable manner after having provided the student's parent and the company whose name and address or telephone number appear on the device 30 days' prior notice of its intent to dispose of that device. The notice shall include the serial number of the device and may be made by telephone, telegraph, or in writing; and


(2) charge the owner of the device or the student's parent an administrative fee not to exceed $15 before it releases the device.


(c) In this section, "paging device" means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor. The term does not include an amateur radio under the control of an operator who holds an amateur radio station license issued by the Federal Communications Commission.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 2.02, eff. September 1, 2007.


Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL HARASSMENT POLICIES. (a) Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program must provide for prevention of and education concerning unwanted physical or verbal aggression and sexual harassment in school, on school grounds, and in school vehicles.


(b) Each school district may develop and implement a sexual harassment policy to be included in the district improvement plan under Section 11.252.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 4, eff. June 18, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 6, eff. June 17, 2011.


Sec. 37.0831. DATING VIOLENCE POLICIES. (a) Each school district shall adopt and implement a dating violence policy to be included in the district improvement plan under Section 11.252.


(b) A dating violence policy must:


(1) include 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; and


(2) address safety planning, enforcement of protective orders, school-based alternatives to protective orders, training for teachers and administrators, counseling for affected students, and awareness education for students and parents.


Added by Acts 2007, 80th Leg., R.S., Ch. 131 (H.B. 121), Sec. 1, eff. May 18, 2007.


Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES. (a) In this section:


(1) "Bullying":


(A) means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that satisfies the applicability requirements provided by Subsection (a-1), and that:


(i) has the effect or will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property;


(ii) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;


(iii) materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or


(iv) infringes on the rights of the victim at school; and


(B) includes cyberbullying.


(2) "Cyberbullying" means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.


(a-1) This section applies to:


(1) bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;


(2) bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and


(3) cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying:


(A) interferes with a student's educational opportunities; or


(B) substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.


(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017.


(c) The board of trustees of each school district shall adopt a policy, including any necessary procedures, concerning bullying that:


(1) prohibits the bullying of a student;


(2) prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;


(3) 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


(B) a parent or guardian of the alleged bully within a reasonable amount of time after the incident;


(4) establishes the actions a student should take to obtain assistance and intervention in response to bullying;


(5) sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;


(6) establishes procedures for reporting an incident of bullying, including procedures for a student to anonymously report an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred;


(7) prohibits the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self-defense in response to the bullying; and


(8) requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(d) The policy and any necessary procedures adopted under Subsection (c) must be included:


(1) annually, in the student and employee school district handbooks; and


(2) in the district improvement plan under Section 11.252.


(e) The procedure for reporting bullying established under Subsection (c) must be posted on the district's Internet website to the extent practicable.


(f) Each school district may establish a district-wide policy to assist in the prevention and mediation of bullying incidents between students that:


(1) interfere with a student's educational opportunities; or


(2) substantially disrupt the orderly operation of a classroom, school, or school-sponsored or school-related activity.


Added by Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 7, eff. June 17, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017.


Sec. 37.084. INTERAGENCY SHARING OF RECORDS. (a) A school district superintendent or the superintendent's designee shall disclose information contained in a student's educational records to a juvenile service provider as required by Section 58.0051, Family Code.


(b) The commissioner may enter into an interagency agreement to share educational information for research and analytical purposes with the:


(1) Texas Juvenile Justice Department; and


(2) Texas Department of Criminal Justice.


(c) This section does not require or authorize release of student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended.


Added by Acts 1999, 76th Leg., ch. 217, Sec. 2, eff. May 24, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 34, eff. September 1, 2015.


Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C MISDEMEANORS. 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.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 5, eff. September 1, 2013.


SUBCHAPTER D. PROTECTION OF BUILDINGS AND GROUNDS



Sec. 37.101. APPLICABILITY OF CRIMINAL LAWS. 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.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.102. RULES; PENALTY. (a) The board of trustees of a school district may adopt rules for the safety and welfare of students, employees, and property and other rules it considers necessary to carry out this subchapter and the governance of the district, including rules providing for the operation and parking of vehicles on school property. The board may adopt and charge a reasonable fee for parking and for providing traffic control.


(b) A law or ordinance regulating traffic on a public highway or street applies to the operation of a vehicle on school property, except as modified by this subchapter.


(c) A person who violates any rule adopted under this subchapter providing for the operation and parking of vehicles on school property commits an offense. An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1167 (H.B. 278), Sec. 1, eff. September 1, 2007.


Sec. 37.103. ENFORCEMENT OF RULES. Notwithstanding any other provision of this subchapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce rules adopted by the board. This subchapter is not intended to restrict the authority of each district to adopt and enforce appropriate rules for the orderly conduct of the district in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.104. COURTS HAVING JURISDICTION. The judge of a municipal court of a municipality in which, or any justice of the peace of a county in which, property under the control and jurisdiction of a school district is located may hear and determine criminal cases involving violations of this subchapter or rules adopted under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, EJECTION, IDENTIFICATION. (a) A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:


(1) the person poses a substantial risk of harm to any person; or


(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


(B) the person persists in that behavior.


(b) Identification may be required of any person on the property.


(c) Each school district shall maintain a record of each verbal warning issued under Subsection (a)(2)(A), including the name of the person to whom the warning was issued and the date of issuance.


(d) At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process established under Subsection (h).


(e) If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law.


(f) The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years.


(g) A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process established under Subsection (h).


(h) The commissioner shall adopt rules to implement this section, including rules establishing a process for a person to appeal to the board of trustees of the school district the decision under Subsection (a) to refuse the person's entry to or eject the person from the district's property.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 5, eff. June 15, 2017.


Sec. 37.106. VEHICLE IDENTIFICATION INSIGNIA. The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. The board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule adopted by the board or of this subchapter. Reinstatement of the privileges may be permitted and a reasonable fee assessed.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.107. TRESPASS ON SCHOOL GROUNDS. An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY AND SECURITY AUDIT. (a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security and the commissioner of education or commissioner of higher education, as applicable. The plan must provide for:


(1) training in responding to an emergency for district employees, including substitute teachers;


(2) measures to ensure district employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;


(3) measures to ensure district communications technology and infrastructure are adequate to allow for communication during an emergency;


(4) if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114, to prepare district students and employees for responding to an emergency;


(5) measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and


(6) the implementation of a safety and security audit as required by Subsection (b).


(b) At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. To the extent possible, a district shall follow safety and security audit procedures developed by the Texas School Safety Center or a person included in the registry established by the Texas School Safety Center under Section 37.2091.


(b-1) In a school district's safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school safety allotment under Section 42.168 only for the purposes provided by that section.


(c) A school district or public junior college district shall report the results of the safety and security audit conducted under Subsection (b) to the district's board of trustees and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center. 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


(2) for a public junior college district, the president of the junior college district.


(c-1) Except as provided by Subsection (c-2), any document or information collected, developed, or produced during a safety and security audit conducted under Subsection (b) is not subject to disclosure under Chapter 552, Government Code.


(c-2) A document relating to a school district's or public junior college district's multihazard emergency operations plan is subject to disclosure if the document enables a person to:


(1) verify that the district has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the district to respond to an emergency, including the Department of State Health Services, local emergency services agencies, law enforcement agencies, health departments, and fire departments;


(2) verify that the district's plan was reviewed within the last 12 months and determine the specific review dates;


(3) verify that the plan addresses the four phases of emergency management under Subsection (a);


(4) verify that district employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;


(5) verify that each campus in the district has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;


(6) if the district is a school district, verify that the district has established a plan for responding to a train derailment if required under Subsection (d);


(7) verify that the district has completed a safety and security audit under Subsection (b) and determine the date the audit was conducted, the person conducting the audit, and the date the district presented the results of the audit to the district's board of trustees;


(8) verify that the district has addressed any recommendations by the district's board of trustees for improvement of the plan and determine the district's progress within the last 12 months; and


(9) if the district is a school district, verify that the district has established a visitor policy and identify the provisions governing access to a district building or other district property.


(d) A school district shall include in its multihazard emergency operations plan a policy for responding to a train derailment near a district school. A school district is only required to adopt the policy described by this subsection if a district school is located within 1,000 yards of a railroad track, as measured from any point on the school's real property boundary line. The school district may use any available community resources in developing the policy described by this subsection.


(e) A school district shall include in its multihazard emergency operations plan a policy for school district property selected for use as a polling place under Section 43.031, Election Code. 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. This subsection may not be interpreted to require the board of trustees to obtain or contract for the presence of law enforcement or security personnel for the purpose of securing a polling place located on school district property. 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.


(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 161.325, Health and Safety Code;


(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


(iii) educators and other district personnel as determined by the district;


(D) include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and


(E) implement trauma-informed policies;


(7) a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; and


(8) the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year.


(g) A school district shall include in its multihazard emergency operations plan a policy for responding to an active shooter emergency. The school district may use any available community resources in developing the policy described by this subsection.


Added by Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 1, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.02, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1326 (S.B. 1504), Sec. 2, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.01, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.02, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 809 (H.B. 332), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 10, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 1, eff. June 14, 2019.


Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(g), the board shall hold a public hearing to notify the public of:


(1) the district's failure to:


(A) submit or correct deficiencies in a multihazard emergency operations plan; or


(B) report the results of a safety and security audit to the Texas School Safety Center as required by law;


(2) the dates during which the district has not been in compliance; and


(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.


(b) The school district shall provide the information required under Subsection (a)(3) in writing to each person in attendance at the hearing.


(c) The board shall give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.


(d) A school district required to hold a public hearing under Subsection (a) shall provide written confirmation to the Texas School Safety Center that the district held the hearing.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.


Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. (a) If the agency receives notice from the Texas School Safety Center of a school district's failure to submit a multihazard emergency operations plan, the commissioner may appoint a conservator for the district under Chapter 39A. The conservator may order the district to adopt, implement, and submit a multihazard emergency operations plan.


(b) If a district fails to comply with a conservator's order to adopt, implement, and submit a multihazard emergency operations plan within the time frame imposed by the commissioner, the commissioner may appoint a board of managers under Chapter 39A to oversee the operations of the district.


(c) The commissioner may adopt rules as necessary to administer this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.


Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee.


(a-1) The committee, to the greatest extent practicable, must include:


(1) one or more representatives of an office of emergency management of a county or city in which the district is located;


(2) one or more representatives of the local police department or sheriff's office;


(3) one or more representatives of the district's police department, if applicable;


(4) the president of the district's board of trustees;


(5) a member of the district's board of trustees other than the president;


(6) the district's superintendent;


(7) one or more designees of the district's superintendent, one of whom must be a classroom teacher in the district;


(8) if the district partners with an open-enrollment charter school to provide instruction to students, a member of the open-enrollment charter school's governing body or a designee of the governing body; and


(9) two parents or guardians of students enrolled in the district.


(b) The committee shall:


(1) participate on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plans reflect specific campus, facility, or support services needs;


(2) periodically provide recommendations to the district's board of trustees and district administrators regarding updating the district multihazard emergency operations plan required by Section 37.108(a) in accordance with best practices identified by the agency, the Texas School Safety Center, or a person included in the registry established by the Texas School Safety Center under Section 37.2091;


(3) provide the district with any campus, facility, or support services information required in connection with a safety and security audit required by Section 37.108(b), a safety and security audit report required by Section 37.108(c), or another report required to be submitted by the district to the Texas School Safety Center;


(4) review each report required to be submitted by the district to the Texas School Safety Center to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center; and


(5) consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.


(c) Except as otherwise provided by this subsection, the committee shall meet at least once during each academic semester and at least once during the summer. A committee established by a school district that operates schools on a year-round system or in accordance with another alternative schedule shall meet at least three times during each calendar year, with an interval of at least two months between each meeting.


(d) The committee is subject to Chapter 551, Government Code, and may meet in executive session as provided by that chapter. Notice of a committee meeting must be posted in the same manner as notice of a meeting of the district's board of trustees.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.03, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 12, eff. June 6, 2019.


Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.


Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 4, eff. June 19, 2009.


Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL DRILLS. The commissioner, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules:


(1) providing procedures for evacuating and securing school property during an emergency; and


(2) designating the number of mandatory school drills to be conducted each semester of the school year, not to exceed eight drills, including designating the number of:


(A) evacuation fire exit drills; and


(B) lockdown, lockout, shelter-in-place, and evacuation drills.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM AND TEAM. (a) In this section:


(1) "Harmful, threatening, or violent behavior" includes behaviors, such as verbal threats, threats of self harm, bullying, cyberbullying, fighting, the use or possession of a weapon, sexual assault, sexual harassment, dating violence, stalking, or assault, by a student that could result in:


(A) specific interventions, including mental health or behavioral supports;


(B) in-school suspension;


(C) out-of-school suspension; or


(D) the student's expulsion or removal to a disciplinary alternative education program or a juvenile justice alternative education program.


(2) "Team" means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section.


(b) The agency, in coordination with the Texas School Safety Center, shall adopt rules to establish a safe and supportive school program. The rules shall incorporate research-based best practices for school safety, including providing for:


(1) physical and psychological safety;


(2) a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation;


(3) a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and


(4) multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate interventions, including rules for the establishment and operation of teams.


(c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must:


(1) be consistent with the model policies and procedures developed by the Texas School Safety Center;


(2) require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs; and


(3) require each team established under this section to report the information required under Subsection (k) regarding the team's activities to the agency.


(d) The superintendent of the district shall ensure 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 each district campus is assigned a team.


(e) The superintendent of a school district may establish a committee, or assign to an existing committee established by the district, the duty to oversee the operations of teams established for the district. A committee with oversight responsibility under this subsection must include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.


(f) Each team shall:


(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


(B) gathering and analyzing data to determine the level of risk and appropriate intervention, including:


(i) referring a student for mental health assessment; and


(ii) implementing an escalation procedure, if appropriate based on the team's assessment, in accordance with district policy;


(2) provide guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual; and


(3) support the district in implementing the district's multihazard emergency operations plan.


(g) A team may not provide a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. The consent required by this subsection must be submitted on a form developed by the school district that complies with all applicable state and federal law. The student's parent or person standing in parental relation to the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.


(h) On a determination that a student or other individual poses a serious risk of violence to self or others, a team shall immediately report the team's determination to the superintendent. If the individual is a student, the superintendent shall immediately attempt to inform the parent or person standing in parental relation to the student. The requirements of this subsection do not prevent an employee of the school from acting immediately to prevent an imminent threat or respond to an emergency.


(i) A team identifying a student at risk of suicide shall act in accordance with the district's suicide prevention program. If the student at risk of suicide also makes a threat of violence to others, the team shall conduct a threat assessment in addition to actions taken in accordance with the district's suicide prevention program.


(j) A team identifying a student using or possessing tobacco, drugs, or alcohol shall act in accordance with district policies and procedures related to substance use prevention and intervention.


(k) A team must report to the agency in accordance with guidelines developed by the agency the following information regarding the team's activities and other information for each school district campus the team serves:


(1) the occupation of each person appointed to the team;


(2) the number of threats and a description of the type of the threats reported to the team;


(3) the outcome of each assessment made by the team, including:


(A) any disciplinary action taken, including a change in school placement;


(B) any action taken by law enforcement; or


(C) a referral to or change in counseling, mental health, special education, or other services;


(4) the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, of, in connection with an assessment or reported threat by the team:


(A) citations issued for Class C misdemeanor offenses;


(B) arrests;


(C) incidents of uses of restraint;


(D) changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program;


(E) referrals to or changes in counseling, mental health, special education, or other services;


(F) placements in in-school suspension or out-of-school suspension and incidents of expulsion;


(G) unexcused absences of 15 or more days during the school year; and


(H) referrals to juvenile court for truancy; and


(5) the number and percentage of school personnel trained in:


(A) a best-practices program or research-based practice under Section 161.325, Health and Safety Code, including the number and percentage of school personnel trained in:


(i) suicide prevention; or


(ii) grief and trauma-informed practices;


(B) mental health or psychological first aid for schools;


(C) training relating to the safe and supportive school program established under Subsection (b); or


(D) any other program relating to safety identified by the commissioner.


(l) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


SUBCHAPTER E. PENAL PROVISIONS



Sec. 37.121. FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND GANGS. (a) A person commits an offense if the person:


(1) is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or


(2) is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.


(b) A school district board of trustees or an educator shall recommend placing in a disciplinary alternative education program any student under the person's control who violates Subsection (a).


(c) An offense under this section is a Class C misdemeanor.


(d) In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 23, eff. June 20, 2003.


Sec. 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS. (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:


(1) on the grounds or in a building of a public school; or


(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.


(a-1) It is a defense to prosecution under this section that the person possessed the intoxicating beverage:


(1) at a performing arts facility; and


(2) during an event held outside of regular school hours and not sponsored or sanctioned by a school district.


(b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.


(c) An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 3, eff. September 1, 2019.


Sec. 37.123. DISRUPTIVE ACTIVITIES. (a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.


(b) For purposes of this section, disruptive activity is:


(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;


(2) seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;


(3) preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;


(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or


(5) obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.


(c) An offense under this section is a Class B misdemeanor.


(d) Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction.


(e) This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.124. DISRUPTION OF CLASSES. (a) A person other than a primary or secondary grade student enrolled in the school commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.


(b) An offense under this section is a Class C misdemeanor.


(c) In this section:


(1) "Disrupting the conduct of classes or other school activities" includes:


(A) emitting noise of an intensity that prevents or hinders classroom instruction;


(B) enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;


(C) preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and


(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.


(2) "Public property" includes a street, highway, alley, public park, or sidewalk.


(3) "School property" includes a public school campus or school grounds on which a public school is located and any grounds or buildings used by a school for an assembly or other school-sponsored activity.


(d) It is an exception to the application of Subsection (a) that, at the time the person engaged in conduct prohibited under that subsection, the person was younger than 12 years of age.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 4, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 6, eff. September 1, 2013.


Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:


(1) exhibits or uses a firearm:


(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or


(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;


(2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm; or


(3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).


(b) An offense under Subsection (a)(1) or (2) is a third degree felony.


(c) An offense under Subsection (a)(3) is a Class A misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 704 (H.B. 2112), Sec. 1, eff. September 1, 2007.


Acts 2017, 85th Leg., R.S., Ch. 795 (H.B. 2880), Sec. 1, eff. September 1, 2017.


Sec. 37.126. DISRUPTION OF TRANSPORTATION. (a) Except as provided by Section 37.125, a person other than a primary or secondary grade student commits an offense if the person intentionally disrupts, prevents, or interferes with the lawful transportation of children:


(1) to or from school on a vehicle owned or operated by a county or independent school district; or


(2) to or from an activity sponsored by a school on a vehicle owned or operated by a county or independent school district.


(b) An offense under this section is a Class C misdemeanor.


(c) It is an exception to the application of Subsection (a)(1) that, at the time the person engaged in conduct prohibited under that subdivision, the person was younger than 12 years of age.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 5, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 7, eff. September 1, 2013.


SUBCHAPTER E-1. CRIMINAL PROCEDURE



Sec. 37.141. DEFINITIONS. In this subchapter:


(1) "Child" means a person who is:


(A) a student; and


(B) at least 10 years of age and younger than 18 years of age.


(2) "School offense" means an offense committed by a child enrolled in a public school that is a Class C misdemeanor other than a traffic offense and that is committed on property under the control and jurisdiction of a school district.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 4, eff. September 1, 2015.


Sec. 37.142. CONFLICT OF LAW. To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A peace officer, law enforcement officer, or school resource officer may not issue a citation to a child who is alleged to have committed a school offense.


(b) This subchapter does not prohibit a child from being taken into custody under Section 52.01, Family Code.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 5, eff. September 1, 2015.


Sec. 37.144. GRADUATED SANCTIONS FOR CERTAIN SCHOOL OFFENSES. (a) A school district that commissions peace officers under Section 37.081 may develop a system of graduated sanctions that the school district may require to be imposed on a child before a complaint is filed under Section 37.145 against the child for a school offense that is an offense under Section 37.124 or 37.126 or under Section 42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted under this section must include multiple graduated sanctions. The system may require:


(1) a warning letter to be issued to the child and the child's parent or guardian that specifically states the child's alleged school offense and explains the consequences if the child engages in additional misconduct;


(2) a behavior contract with the child that must be signed by the child, the child's parent or guardian, and an employee of the school and that includes a specific description of the behavior that is required or prohibited for the child and the penalties for additional alleged school offenses, including additional disciplinary action or the filing of a complaint in a criminal court;


(3) the performance of school-based community service by the child; and


(4) the referral of the child to counseling, community-based services, or other in-school or out-of-school services aimed at addressing the child's behavioral problems.


(b) A referral made under Subsection (a)(4) may include participation by the child's parent or guardian if necessary.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.145. COMPLAINT. If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district has not elected to adopt a system of graduated sanctions under that section, the school may file a complaint against the child with a criminal court in accordance with Section 37.146.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure:


(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and


(2) be accompanied by a statement from a school employee stating:


(A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and


(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.


(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45.057(e), Code of Criminal Procedure.


(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.


Sec. 37.147. PROSECUTING ATTORNEYS. An attorney representing the state in a court with jurisdiction may adopt rules pertaining to the filing of a complaint under this subchapter that the state considers necessary in order to:


(1) determine whether there is probable cause to believe that the child committed the alleged offense;


(2) review the circumstances and allegations in the complaint for legal sufficiency; and


(3) see that justice is done.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.148. RIGHT TO REPORT CRIME. (a) An employee of a school district or open-enrollment charter school may report a crime witnessed at the school to any peace officer with authority to investigate the crime.


(b) A school district or open-enrollment charter school may not adopt a policy requiring a school employee to:


(1) refrain from reporting a crime witnessed at the school; or


(2) report a crime witnessed at the school only to certain persons or peace officers.


Added by Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 4, eff. September 1, 2015.


SUBCHAPTER F. HAZING



Sec. 37.151. DEFINITIONS. In this subchapter:


(1) "Educational institution" includes a public or private high school.


(2) "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.


(3) "Pledging" means any action or activity related to becoming a member of an organization.


(4) "Student" means any person who:


(A) is registered in or in attendance at an educational institution;


(B) has been accepted for admission at the educational institution where the hazing incident occurs; or


(C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.


(5) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or student government, a band or musical group or an academic, athletic, cheerleading, or dance team, including any group or team that participates in National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.


(6) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:


(A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;


(B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;


(C) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;


(D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or


(E) involves coercing, as defined by Section 1.07, Penal Code, the student to consume:


(i) a drug; or


(ii) an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 1, eff. September 1, 2019.


Sec. 37.152. PERSONAL HAZING OFFENSE. (a) A person commits an offense if the person:


(1) engages in hazing;


(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;


(3) recklessly permits hazing to occur; or


(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.


(b) The offense of failing to report is a Class B misdemeanor.


(c) Any other offense under this section that does not cause serious bodily injury to another is a Class B misdemeanor.


(d) Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor.


(e) Any other offense under this section that causes the death of another is a state jail felony.


(f) Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Chapter 42A, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.30, eff. January 1, 2017.


Sec. 37.153. ORGANIZATION HAZING OFFENSE. (a) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.


(b) An offense under this section is a misdemeanor punishable by:


(1) a fine of not less than $5,000 nor more than $10,000; or


(2) if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.154. CONSENT NOT A DEFENSE. It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE. (a) In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution.


(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


(2) as determined by the dean of students or other appropriate official of the institution designated by the institution, cooperates in good faith throughout any institutional process regarding the incident.


(c) Immunity under Subsection (b) extends to participation in any judicial proceeding resulting from the report.


(d) A person is not immune under Subsection (b) if the person:


(1) reports the person's own act of hazing; or


(2) reports an incident of hazing in bad faith or with malice.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 2, eff. September 1, 2019.


Sec. 37.156. OFFENSES IN ADDITION TO OTHER PENAL PROVISIONS. This subchapter does not affect or repeal any penal law of this state. This subchapter does not limit or affect the right of an educational institution to enforce its own penalties against hazing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.157. REPORTING BY MEDICAL AUTHORITIES. A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities:


(1) may report the suspected hazing activities to police or other law enforcement officials; and


(2) is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.158. VENUE. (a) In this section, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.


(b) An offense under this subchapter may be prosecuted:


(1) in any county in which the offense may be prosecuted under other law; or


(2) if the consent required by Subsection (c) is provided, in a county, other than a county described by Subdivision (1), in which is located the educational institution campus at which a victim of the offense is enrolled.


(c) An offense under this subchapter may be prosecuted in a county described by Subsection (b)(2) only with the written consent of a prosecuting attorney of a county described by Subsection (b)(1) who has authority to prosecute an offense under this subchapter.


Added by Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 3, eff. September 1, 2019.


SUBCHAPTER G. TEXAS SCHOOL SAFETY CENTER



Sec. 37.201. DEFINITION. In this subchapter, "center" means the Texas School Safety Center.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.202. PURPOSE. The purpose of the center is to serve as:


(1) a central location for school safety and security information, including research, training, and technical assistance related to successful school safety and security programs;


(2) a central registry of persons providing school safety and security consulting services in the state; and


(3) a resource for the prevention of youth violence and the promotion of safety in the state.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.04, eff. September 1, 2009.


Sec. 37.203. BOARD.


(a) The center is advised by a board of directors composed of:


(1) the attorney general, or the attorney general's designee;


(2) the commissioner, or the commissioner's designee;


(3) the executive director of the Texas Juvenile Justice Department, or the executive director's designee;


(4) the commissioner of the Department of State Health Services, or the commissioner's designee;


(5) the commissioner of higher education, or the commissioner's designee; and


(6) the following members appointed by the governor with the advice and consent of the senate:


(A) a juvenile court judge;


(B) a member of a school district's board of trustees;


(C) an administrator of a public primary school;


(D) an administrator of a public secondary school;


(E) a member of the state parent-teacher association;


(F) a teacher from a public primary or secondary school;


(G) a public school superintendent who is a member of the Texas Association of School Administrators;


(H) a school district police officer or a peace officer whose primary duty consists of working in a public school;


(I) a professional architect who is registered in this state and a member of the Texas Society of Architects; and


(J) three members of the public.


(b) Members of the board appointed under Subsection (a)(6) serve staggered two-year terms, with the terms of the members described by Subsections (a)(6)(A)-(F) expiring on February 1 of each odd-numbered year and the terms of the members described by Subsections (a)(6)(G)-(J) expiring on February 1 of each even-numbered year. A member may serve more than one term.


(c) The board may form committees as necessary.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 2, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.03, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 4, eff. June 8, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.005, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.05, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.06, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 35, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 924 (H.B. 4342), Sec. 1, eff. September 1, 2019.


Sec. 37.204. OFFICERS; MEETINGS; COMPENSATION. (a) The board shall annually elect from among its members a chairperson and a vice chairperson.


(b) The board shall meet at least four times each year.


(c) A member of the board may not receive compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the board as provided by the General Appropriations Act.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall conduct for school districts a safety training program that includes:


(1) development of a positive school environment and proactive safety measures designed to address local concerns;


(2) school safety courses for law enforcement officials, with a focus on school district police officers and school resource officers;


(3) discussion of school safety issues with parents and community members; and


(4) assistance in developing a multihazard emergency operations plan for adoption under Section 37.108.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 3, eff. September 1, 2005.


Sec. 37.207. MODEL SAFETY AND SECURITY AUDIT PROCEDURE. (a) The center shall develop a model safety and security audit procedure for use by school districts and public junior college districts that includes:


(1) providing each district with guidelines showing proper audit procedures;


(2) reviewing elements of each district audit and making recommendations for improvements in the state based on that review; and


(3) incorporating the findings of district audits in a statewide report on school safety and security made available by the center to the public.


(b) Each school district shall report the results of its audits to the center in the manner required by the center.


(c) In addition to a review of a district's multihazard emergency operations plan under Section 37.2071, the center may require a district to submit its plan for immediate review if the district's audit results indicate that the district is not complying with applicable standards.


(d) If a district fails to report the results of its audit as required under Subsection (b), the center shall provide the district with written notice that the district has failed to report its audit results and must immediately report the results to the center.


(e) If six months after the date of the initial notification required by Subsection (d) the district has still not reported the results of its audit to the center, the center shall notify the agency and the district of the district's requirement to conduct a public hearing under Section 37.1081. This subsection applies only to a school district.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.04, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.07, eff. September 1, 2009.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 14, eff. June 6, 2019.


Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS PLAN REVIEW AND VERIFICATION. (a) The center shall establish a random or need-based cycle for the center's review and verification of school district and public junior college district multihazard emergency operations plans adopted under Section 37.108. The cycle must provide for each district's plan to be reviewed at regular intervals as determined by the center.


(b) A school district or public junior college district shall submit its multihazard emergency operations plan to the center on request of the center and in accordance with the center's review cycle developed under Subsection (a).


(c) The center shall review each district's multihazard emergency operations plan submitted under Subsection (b) and:


(1) verify the plan meets the requirements of Section 37.108; or


(2) provide the district with written notice:


(A) describing the plan's deficiencies; and


(B) stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center.


(d) If a district fails to submit its multihazard emergency operations plan to the center for review, the center shall provide the district with written notice stating that the district:


(1) has failed to submit a plan; and


(2) must submit a plan to the center for review and verification.


(e) The center may approve a district multihazard emergency operations plan that has deficiencies if the district submits a revised plan that the center determines will correct the deficiencies.


(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.


(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.


(h) If a school district has failed to submit a plan, the notice required by Subsection (g) must state that the commissioner is authorized to appoint a conservator under Section 37.1082.


(i) Any document or information collected, developed, or produced during the review and verification of multihazard emergency operations plans under this section is not subject to disclosure under Chapter 552, Government Code.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 15, eff. June 6, 2019.


Sec. 37.208. ON-SITE ASSISTANCE. On request of a school district, the center may provide on-site technical assistance to the district for:


(1) school safety and security audits; and


(2) school safety and security information and presentations.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 5, eff. September 1, 2005.


Sec. 37.209. CENTER WEBSITE. The center shall develop and maintain an interactive Internet website that includes:


(1) quarterly news updates related to school safety and security and violence prevention;


(2) school crime data;


(3) a schedule of training and special events; and


(4) a list of persons who provide school safety or security consulting services in this state and are registered in accordance with Section 37.2091.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.08, eff. September 1, 2009.


Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY OR SECURITY CONSULTING SERVICES. (a) In this section, "school safety or security consulting services" includes any service provided to a school district, institution of higher education, district facility, or campus by a person consisting of advice, information, recommendations, data collection, or safety and security audit services relevant to school safety and security, regardless of whether the person is paid for those services.


(b) The center shall establish a registry of persons providing school safety or security consulting services in this state.


(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. The requirements must include provisions requiring a person registering with the center to provide information regarding:


(1) the person's background, education, and experience that are relevant to the person's ability to provide knowledgeable and effective school safety or security consulting services; and


(2) any complaints or pending litigation relating to the person's provision of school safety or security consulting services.


(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.


(e) The center shall include information regarding the registry, including the number of persons registered and the general degree of school safety or security experience possessed by those persons, in the biennial report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.09, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 16, eff. June 6, 2019.


Sec. 37.211. RECOGNITION OF SCHOOLS. The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.212. INTERAGENCY COOPERATION. The center shall promote cooperation between state agencies, institutions of higher education, and any local juvenile delinquency prevention councils to address discipline and safety issues in the state.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS. (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.


(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). The guidelines:


(1) must include descriptions of the provisions that should customarily be included in each memorandum or agreement with a particular type of entity;


(2) may include sample language for those provisions; and


(3) must be consistent with the Texas Statewide Mutual Aid System established under Subchapter E-1, Chapter 418, Government Code.


(c) The center shall encourage school districts to enter into memoranda of understanding and mutual aid agreements with entities identified in accordance with Subsection (a) that comply with the guidelines developed under Subsection (b).


(d) Each school district that enters into a memorandum of understanding or mutual aid agreement addressing issues that affect school safety and security shall, at the center's request, provide the following information to the center:


(1) the name of each entity with which the school district has entered into a memorandum of understanding or mutual aid agreement;


(2) the effective date of each memorandum or agreement; and


(3) a summary of each memorandum or agreement.


(e) The center shall include information regarding the center's efforts under this section in the report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.09, eff. September 1, 2009.


Sec. 37.213. PUBLIC JUNIOR COLLEGES. (a) In this section, "public junior college" has the meaning assigned by Section 61.003.


(b) The center shall research best practices regarding emergency preparedness of public junior colleges and serve as a clearinghouse for that information.


(c) The center shall provide public junior colleges with training, technical assistance, and published guidelines or templates, as appropriate, in the following areas:


(1) multihazard emergency operations plan development;


(2) drill and exercise development and implementation;


(3) mutual aid agreements;


(4) identification of equipment and funds that may be used by public junior colleges in an emergency; and


(5) reporting in accordance with 20 U.S.C. Section 1092(f).


Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.05, eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.10, eff. September 1, 2009.


Sec. 37.214. AUTHORITY TO ACCEPT CERTAIN FUNDS. The center may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.215. BUDGET. (a) The board shall annually approve a budget for the center.


(b) The center shall biannually prepare a budget request for submission to the legislature.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 6, eff. September 1, 2005.


Sec. 37.216. BIENNIAL REPORT. (a) Not later than January 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, the State Board of Education, and the agency.


(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.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.11, eff. September 1, 2009.


Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT. (a) The center shall periodically provide a school safety and security progress report to the governor, the legislature, the State Board of Education, and the agency that contains current information regarding school safety and security in the school districts and public junior college districts of this state based on:


(1) elements of each district's multihazard emergency operations plan required by Section 37.108(a);


(2) elements of each district's safety and security audit required by Section 37.108(b); and


(3) any other report required to be submitted to the center.


(b) The center shall establish guidelines regarding the specific information to be included in the report required by this section.


(c) The center may provide the report required by this section in conjunction with the report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.12, eff. September 1, 2009.


Sec. 37.217. COMMUNITY EDUCATION RELATING TO INTERNET SAFETY. (a) The center, in cooperation with the attorney general, shall develop a program that provides instruction concerning Internet safety, including instruction relating to:


(1) the potential dangers of allowing personal information to appear on an Internet website;


(2) the manner in which to report an inappropriate online solicitation; and


(3) the prevention, detection, and reporting of bullying or threats occurring over the Internet.


(b) In developing the program, the center shall:


(1) solicit input from interested stakeholders; and


(2) to the extent practicable, draw from existing resources and programs.


(c) The center shall make the program available to public schools.


Added by Acts 2007, 80th Leg., R.S., Ch. 343 (S.B. 136), Sec. 1, eff. June 15, 2007.


Sec. 37.218. PROGRAMS ON DANGERS OF STUDENTS SHARING VISUAL MATERIAL DEPICTING MINOR ENGAGED IN SEXUAL CONDUCT. (a) In this section:


(1) "Bullying" has the meaning assigned by Section 37.0832.


(2) "Cyberbullying" has the meaning assigned by Section 37.0832.


(3) "Harassment" has the meaning assigned by Section 37.001.


(4) "Sexual conduct" has the meaning assigned by Section 43.25, Penal Code.


(b) The center, in consultation with the office of the attorney general, shall develop programs for use by school districts that address:


(1) the possible legal consequences, including criminal penalties, of sharing visual material depicting a minor engaged in sexual conduct;


(2) other possible consequences of sharing visual material depicting a minor engaged in sexual conduct, including:


(A) negative effects on relationships;


(B) loss of educational and employment opportunities; and


(C) possible removal, if applicable, from certain school programs or extracurricular activities;


(3) the unique characteristics of the Internet and other communications networks that could affect visual material depicting a minor engaged in sexual conduct, including:


(A) search and replication capabilities; and


(B) a potentially worldwide audience;


(4) the prevention of, identification of, responses to, and reporting of incidents of bullying; and


(5) the connection between bullying, cyberbullying, harassment, and a minor sharing visual material depicting a minor engaged in sexual conduct.


(c) Each school district shall annually provide or make available information on the programs developed under Subsection (b) to parents and students in a grade level the district considers appropriate. Each district shall provide or make available the information by any means the district considers appropriate.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 22, eff. September 1, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 5, eff. September 1, 2017.


Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES. (a) The center, in coordination with the agency, shall develop model policies and procedures to assist school districts in establishing and training threat assessment teams.


(b) The model policies and procedures developed under Subsection (a) must include procedures, when appropriate, for:


(1) the referral of a student to a local mental health authority or health care provider for evaluation or treatment;


(2) the referral of a student for a full individual and initial evaluation for special education services under Section 29.004; and


(3) a student or school personnel to anonymously report dangerous, violent, or unlawful activity that occurs or is threatened to occur on school property or that relates to a student or school personnel.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 17, eff. June 6, 2019.


SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS



Sec. 37.301. DEFINITION. In this subchapter, "board of trustees" includes the board's designee.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.302. APPLICABILITY. This subchapter:


(1) applies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a student is required to register as a sex offender under that chapter, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student in the manner provided by this subchapter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.304. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS UNDER COURT SUPERVISION. (a) A school district shall place a student to whom this subchapter applies and who is under any form of court supervision, including probation, community supervision, or parole, in the appropriate alternative education program as provided by Section 37.309 for at least one semester.


(b) If a student transfers to another school district during the student's mandatory placement in an alternative education program under Subsection (a), the district to which the student transfers may:


(1) require the student to complete an additional semester in the appropriate alternative education program without conducting a review of the student's placement for that semester under Section 37.306; or


(2) count any time spent by the student in an alternative education program in the district from which the student transfers toward the mandatory placement requirement under Subsection (a).


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.305. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS NOT UNDER COURT SUPERVISION. A school district may place a student to whom this subchapter applies and who is not under any form of court supervision in the appropriate alternative education program as provided by Section 37.309 for one semester or in the regular classroom. The district may not place the student in the regular classroom if the district board of trustees determines that the student's presence in the regular classroom:


(1) threatens the safety of other students or teachers;


(2) will be detrimental to the educational process; or


(3) is not in the best interests of the district's students.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.306. REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION PROGRAM. (a) At the end of the first semester of a student's placement in an alternative education program under Section 37.304 or 37.305, the school district board of trustees shall convene a committee to review the student's placement in the alternative education program. The committee must be composed of:


(1) a classroom teacher from the campus to which the student would be assigned were the student not placed in an alternative education program;


(2) the student's parole or probation officer or, in the case of a student who does not have a parole or probation officer, a representative of the local juvenile probation department;


(3) an instructor from the alternative education program to which the student is assigned;


(4) a school district designee selected by the board of trustees; and


(5) a school counselor employed by the school district.


(b) The committee by majority vote shall determine and recommend to the school district board of trustees whether the student should be returned to the regular classroom or remain in the alternative education program.


(c) If the committee recommends that the student be returned to the regular classroom, the board of trustees shall return the student to the regular classroom unless the board determines that the student's presence in the regular classroom:


(1) threatens the safety of other students or teachers;


(2) will be detrimental to the educational process; or


(3) is not in the best interests of the district's students.


(d) If the committee recommends that the student remain in the alternative education program, the board of trustees shall continue the student's placement in the alternative education program unless the board determines that the student's presence in the regular classroom:


(1) does not threaten the safety of other students or teachers;


(2) will not be detrimental to the educational process; and


(3) is not contrary to the best interests of the district's students.


(e) If, after receiving a recommendation under Subsection (b), the school district board of trustees determines that the student should remain in an alternative education program, the board shall before the beginning of each school year convene the committee described by Subsection (a) to review, in the manner provided by Subsections (b), (c), and (d), the student's placement in an alternative education program.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 33, eff. June 14, 2013.


Sec. 37.307. PLACEMENT AND REVIEW OF STUDENT WITH DISABILITY. (a) The placement under this subchapter of a student with a disability who receives special education services must be made in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(b) The review under Section 37.306 of 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. The admission, review, and dismissal committee may request that the board of trustees convene a committee described by Section 37.306(a) to assist the admission, review, and dismissal committee in conducting the review.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.309. PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) Except as provided by Subsection (b), a school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a disciplinary alternative education program.


(b) A school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a juvenile justice alternative education program if:


(1) the memorandum of understanding entered into between the school district and juvenile board under Section 37.011(k) provides for the placement of students to whom this subchapter applies in the juvenile justice alternative education program; or


(2) a court orders the placement of the student in a juvenile justice alternative education program.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice alternative education program is entitled to funding for a student who is placed in the program under this subchapter in the same manner as a juvenile justice alternative education program is entitled to funding under Section 37.012 for a student who is expelled and placed in a juvenile justice alternative education program for conduct for which expulsion is permitted but not required under Section 37.007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.311. CONFERENCE. (a) A student or the student's parent or guardian may appeal a decision by a school district board of trustees to place the student in an alternative education program under this subchapter by requesting a conference among the board of trustees, the student's parent or guardian, and the student. The conference is limited to the factual question of whether the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.


(b) If the school district board of trustees determines at the conclusion of the conference that the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, the student is subject to placement in an alternative education program in the manner provided by this subchapter.


(c) A decision by the board of trustees under this section is final and may not be appealed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.312. LIABILITY. This subchapter does not:


(1) waive any liability or immunity of a governmental entity or its officers or employees; or


(2) create any liability for or a cause of action against a governmental entity or its officers or employees.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.313. CONFLICTS OF LAW. To the extent of any conflict between a provision of this subchapter and a provision of Subchapter A, this subchapter prevails.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.

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EDUCATION CODE CHAPTER 37. DISCIPLINE; LAW AND ORDER

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT Sec. 37.001. STUDENT CODE OF CONDUCT. (a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district.

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Statutory Law- Texas Education Code- Staff Development Requirements (HB 18)

This law outlines the requirements that all school staff must complete annually as staff development. It says that all staff should be trained in suicide prevention as well as recognizing the signs of mental health issues and substance abuse. The law also outlines that the staff must be trained in establishing and maintaining positive relationships with students and conflict management. Staff must also be knowledgeable of how grief and trauma affect student learning and the uses of grief and trauma-informed practices. The final requirement of this law is that staff must also be trained in preventing, identifying, responding to, and reporting incidents of bullying.

Reference: Staff Development Requirements, Tex. Educ. Code § 21.451

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(b-1) A superintendent or director of a school district, district of innovation, open-enrollment charter school, regional education service center, or shared services arrangement shall complete an investigation of an educator that involves evidence that the educator may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator's resignation from employment before completion of the investigation.

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Federal Administrative Law-GUIDANCE TO STATES AND SCHOOL SYSTEMS ON ADDRESSING MENTAL HEALTH AND SUBSTANCE USE ISSUES IN SCHOOLS

Guidance from Substance Abuse and Mental Health Services Administration (SAMHSA) and the Centers for Medicare & Medicaid Services (CMS)-Joint Informational Bulletin

This bulletin provides the states, schools, and school systems, with information about addressing mental health and substance use issues in schools. This includes examples of approaches for mental health and related treatment services in schools. Additionally, it provides guidance on best practice models and ways to facilitate the implementation of services.

Reference: McCance-Katz, E &  Lynch, C. (2019, July 01). Joint Informational Bulletin. Rockville, MD: U.S. Department of Health & Human Services.

Link: https://store.samhsa.gov/sites/default/files/d7/priv/pep19-school-guide.pdf

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 Slide #10 Local Administrative Law/Policy/Rule

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 Slide #10 Local Administrative Law/Policy/Rule

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Grape Creek ISD- Student Handbook

The student handbook makes reference that the district is committed to partnering with parents to support the healthy mental, emotional, and behavioral development of its students and has implemented programs to address mental health, behavioral health, and substance abuse concerns. This includes early intervention, building skills to manage emotions, and responsible decision-making. Suicide prevention, intervention, and postvention as well as grief, trauma, and trauma-informed care, as well as positive behavior interventions and supports, are also in place.

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A.4. Academic, Career, and Social/Emotional Plans

School counselors must collaborate with administration, teachers, staff, and any other decision-makers to provide opportunities and advocate for all students’ to develop the mindsets and behaviors necessary to learn work-related skills, resilience, perseverance, an understanding of lifelong learning as a part of long-term career success.

B.2. Responsibilities to the School

School counselors are tasked with designing and delivering comprehensive school counseling programs that are integral to the school’s academic mission; driven by student data; based on standards for academic, career, and social/emotional development; and promote and enhance the learning process for all students.

Reference: American School Counselor American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved November 19, 2020, from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Trauma-Informed Teaching Strategies

This article shares eight practical strategies teachers can use to help these students feel safe and ready to learn. It also helps teachers build a supportive and sensitive classroom environment.

Reference: Minahan, J. (October 2019). Trauma-Informed Teaching Strategies. Education Leadership Making School a Safe Place, 77(2), 30-35. Retrieved from http://www.ascd.org/publications/educational_leadership/oct19/vol77/num02/Trauma-Informed_Teaching_Strategies.aspx

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Vol. 77

No. 2

Abstract

1. Expect Unexpected Responses

2. Employ Thoughtful Interactions

3. Be Specific About Relationship Building

4. Promote Predictability and Consistency

5. Teach Strategies to "Change the Channel"

6. Give Supportive Feedback to Reduce Negative Thinking

7. Create Islands of Competence

8. Limit Exclusionary Practices

Fostering a Feeling of Safety

Small changes in classroom interactions can make a big difference for traumatized students.

Credit: Shannon Fagan

Abstract

1. Expect Unexpected Responses

2. Employ Thoughtful Interactions

3. Be Specific About Relationship Building

4. Promote Predictability and Consistency

5. Teach Strategies to "Change the Channel"

6. Give Supportive Feedback to Reduce Negative Thinking

7. Create Islands of Competence

8. Limit Exclusionary Practices

Fostering a Feeling of Safety

Up to two-thirds of U.S. children have experienced at least one type of serious childhood trauma, such as abuse, neglect, natural disaster, or experiencing or witnessing violence. Trauma is possibly the largest public health issue facing our children today (CDC, 2019). Traumatized students are especially prone to difficulty in self-regulation, negative thinking, being on high alert, difficulty trusting adults, and inappropriate social interactions (Lacoe, 2013; Terrasi & de Galarce, 2017). They often haven't learned to express emotions healthily and instead show their distress through aggression, avoidance, shutting down, or other off-putting behaviors. These actions can feel antagonistic to teachers who don't understand the root cause of the student's behavior, which can lead to misunderstandings, ineffective interventions, and missed learning time.

Neurobiologically, students can't learn if they don't feel safe, known, and cared for within their schools (Aupperle et al., 2012). When teachers are proactive and responsive to the needs of students suffering from traumatic stress and make small changes in the classroom that foster a feeling of safety, it makes a huge difference in their ability to learn. Here are some examples.

1. Expect Unexpected Responses

First, teachers must learn to put students' reactions into context-and not to take them personally. Students with trauma histories can react and behave in seemingly unexpected ways, such as having a sudden outburst during a favorite activity or crying out of the blue one second after laughing. Teachers may be taken by surprise. They say things like, "But he was fine this morning, I didn't see that coming!" or "She normally loves playing the drums in music class. I have no idea where her reaction came from." This uncertainty leaves the teacher in a constant state of hyper-alertness when interacting with the student. This in turn can result in fatigue, as the teacher is guarded and unable to predict what will happen from one moment to another.

One way to understand these reactions is to think of the student as a soda can, and events that may trigger their trauma stress as shaking that can. We can't tell by looking if the can was recently shaken, but if it was, opening the can results in an unexpected explosive, messy reaction. If a student is triggered and experiencing heightened emotion, even a benign direction such as, "Please move over to make room for Jenny" could result in an "explosion" that the teacher never saw coming. By using trauma-sensitive strategies in the classroom, we can help reduce the times our students are "shaken."

2. Employ Thoughtful Interactions

Traumatized students often behave in ways that may interfere with teaching and learning, which can be frustrating. Teachers are in a position of power, and these students may be overly defensive, anticipating adult criticism, or defiant, as a way to assert control (Jennings, 2018). Yet for traumatized students, the ability to learn and behave appropriately can be person-dependent. When they are with a safe and supportive adult, their behavior reflects that.

Consider this scenario drawn from schools I've worked with: Trevor, a 6th grader whose father overdosed on heroin two years ago and who has witnessed ongoing domestic abuse throughout his childhood, was in Ms. Carlton's class for part of the day and Ms. Finch's class for the other part. Ms. Carlton had a reputation of working well with hard-to-reach kids, and sure enough, Trevor behaved in a stellar way in her class. When he was with Ms. Finch, however, he was sent to the office nearly three times a week for explosive behavior.

The teacher is 50 percent of every interaction with a student: By changing the way we give a direction or respond, we can reduce problematic behavior. Ms. Carlton had taken the time to build a trusting relationship with Trevor and learned to give directions in a way that he would respond well to. Interaction strategies are a type of accommodation that typically go unnamed and unwritten, but they were the reason that Trevor could feel safe and access the curriculum (Minahan & Rappaport, 2012).

If Ms. Carlton had written down the successful strategies she used with Trevor, the list might have started with avoiding authoritative directives such as, "Pick that up." To give Trevor a sense of control, Ms. Carlton always embedded choice in her directions, asking, "Do you want to be in the front of the line or the back of the line?" instead of simply telling him to "line up." This helped prevent a poor reaction (Minahan, 2019).

Ms. Carlton also conveyed respect and transparency by providing the reason behind each direction. Instead of saying, "No backpacks on the floor. I don't want to trip and fall!" Ms. Carlton would say, "Oh dear, I hope I don't fall. I have a bad knee! Could you please move your backpack?" Stating the reason first assured that Trevor knew the context (and necessity) of the demand.

Conversely, Ms. Finch would often go up close to Trevor, tower over him, and say in front of his peers, "Stop tapping your pencil!" This typically ended in a power struggle and Trevor's escalating behavior. Trevor, like many traumatized students, had experienced a loss of control in his life, and power struggles with an authoritative figure were particularly triggering. Ms. Carlton instinctively knew that a more private nonverbal direction could be less confrontational for a student in "fight or flight" mode. She would write, "Please stop tapping" on a piece of paper, put it gently on Trevor's desk without his peers noticing, and then give him space by walking away quickly. When possible, she also gave Trevor extended time to comply with directions to avoid power struggles, asking, for example, "Can you please pick that up before lunch?" rather than, "Pick that up now" (Minahan, 2019). This allowed Trevor time to decompress and respond rationally.

3. Be Specific About Relationship Building

At one point in the year, Ms. Carlton told Ms. Finch that building a relationship with Trevor was key to her success with him, and she suggested that Ms. Finch do the same. Unfortunately, saying, "Build a relationship" is too vague and leaves too much up to the teacher's instincts. Instead, Ms. Carlton could have told Ms. Finch that she greeted Trevor every day at the classroom door and asked him about the Avengers or basketball. She could have told Ms. Finch how she used the "two by ten" rule; she talked to him for two minutes a day for 10 days in a row about topics unrelated to academics or behavior. Whenever Ms. Carlton could see she wouldn't have time for this in the 10-day period, she asked the counselor or special education teacher to cover her class for two minutes so she could go for a walk with Trevor. She repeated this trust-building strategy several times throughout the year, especially after he exhibited anger or frustration and after school vacations and long weekends.

Ms. Carlton skillfully used relationship-building and interaction strategies to work with Trevor. Yet the impact could have been greater had she written and shared those strategies with Ms. Finch and the rest of Trevor's team via a shared document, behavior plan, or student success plan (Minahan, 2019). Likewise, if counselors, school nurses, and psychologists write and share such techniques with each classroom teacher, kids like Trevor, when triggered, wouldn't always have to leave class to find a safe adult.

Not knowing what is coming next can put anyone on high alert, especially traumatized students. Providing predictability through visual schedules of the class agenda or school day can help. Ms. Carlton was adamant about previewing any changes to the normal routine ahead of time (saying, "We are going to have indoor recess today because of the snow," or "The DVD player isn't working so we can't watch a science video at the end of class today"). This prepared Trevor and thus elicited a calmer response.

A teacher's behavior can also feel unpredictable to traumatized students. When students are working independently and quietly-doing what they are supposed to be doing-they don't know when they will get the teacher's attention. But when students are doing the wrong thing-like drumming on the desk with a pencil in each hand or swearing-teachers are more predictable and react quickly! Because predictability is comforting to students with anxiety and trauma histories, they may resort to getting the teacher's attention through inappropriate means. Trevor could get Ms. Finch to react immediately by flipping his water bottle noisily, but could go 20 minutes without so much as eye contact from her when he was quietly reading.

To counter this imbalance and create an overall feeling of safety, teachers can use predictable positive attention (Minahan, 2014). During independent work time, if a teacher says to a student "Great work! I'll be back to check on you," the student has no way of predicting how long they need to wait-and from past experience they know that the teacher may forget to return altogether. Using predictable positive attention, however, the teacher can say, "I am going to check on you in 10 minutes," put a timer on the student's desk, and add, "Come tap me on the shoulder when the timer goes off." If the teacher has many students in the class that could benefit from this, she could transfer the strategy to small groups: "I will check on this desk group at X time."

Another strategy for providing predictable attention, especially for middle and high school students, is to hand an anxious or traumatized student a sticky note with a time on it as they walk into class each day. The first time, the note will need to be explained: "If you don't understand something in class, please don't worry-I am going to check on you during independent work time at 11:45, and I will answer any questions you have then." Ms. Carlton found this strategy comforting to Trevor. This predictable check-in pairs the negative thoughts the student may have ("I don't know how to do this") with a reassuring thought ("But my teacher will be here in seven minutes!"). The student can better tolerate uncomfortable feelings when they know help and a positive interaction are coming. Telling the student what will happen and when and always following through establishes the teacher as a consistent, reliable adult.

5. Teach Strategies to "Change the Channel"

Traumatized students often engage in inaccurate thinking, tending to focus on the negative. Common classroom management strategies often only exasperate this tendency. How many of us have seen frequent movement breaks on a student's IEP or student success plan? It is one of the most common accommodations that we offer to students who seem dysregulated. Unfortunately, during these breaks, students can ruminate on negative memories, current stressors, angry thoughts, or worries. If we ask a high school student who is getting angry and becoming agitated to take a walk, he may ruminate the whole time and return just as angry. Sending a 1st grader to a "calming chair" can leave her to perseverate on worrying thoughts. Instead, we need to help them "change the channel." Both Ms. Carlton and Ms. Finch used breaks with Trevor, but in vastly different ways.

When adults can't sleep, we often read a book or watch TV, which distracts us from uncomfortable thoughts so we can fall back asleep. Teachers can use the same principle for kids with trauma and anxiety: Teach students that their brain is like a remote control that they can use to "switch the channel" to help them calm down (Minahan & Rappaport, 2012). These switching activities are called cognitive distractions or thought breaks and are incompatible with negative thinking. A listening center or "find the picture" activity can be helpful to young children. For older students, you might try Mad Libs, trivia, or more abstract strategies such as counting all the green items in the room, saying the alphabet backwards, or thinking of the first 10 lines of a favorite movie. Ms. Carlton taught Trevor to do Star Wars trivia when he was upset, which helped him calm down quickly. Conversely when Ms. Finch had Trevor go for a walk, his negative thinking would escalate, and he would often not return to class.

6. Give Supportive Feedback to Reduce Negative Thinking

Many traumatized students interpret information through a negativity amplifier. When a teacher says, "Please correct the first problem," the student might hear, "You are stupid." Or a student might report that the teacher screamed at her when the teacher was really using a calm tone, as even neutral facial expressions can be misinterpreted. It is helpful to smile and explicitly say when you are happy with the student, a strategy Ms. Carlton utilized. When giving negative feedback, teachers can use the positive sandwich approach-starting and ending with a positive comment: (1) "I love how you remembered the formula," (2) "You made a small calculation error there," (3) "Great job getting problem #3 correct."

7. Create Islands of Competence

Recognizing areas of strength in students is a powerful way to combat the poor self-concept and negative thinking associated with trauma (Jennings, 2018). To support a more accurate self-concept, teachers can provide what Robert Brooks calls "islands of competence" for students swimming in a sea of inadequacy (2003). When a student thinks negatively, the negative moments during the day tend to weigh more heavily than the positive moments. We need to counter this effect with positive experiences. Educator teams need to ask themselves, "Does the student feel competent during the day?" If the answer is no, contriving an island of competence for the student is in order. Ms. Carlton often asked Trevor to help a younger student or a peer who was struggling in an academic area Trevor was strong in, or had him fix the stapler when it was malfunctioning. She would also point out in a written note to Trevor that he was the first student to finish a math activity. In high school, educators may want to foster students' talents by never letting them drop electives (which might require creativity in scheduling academic support in core classes).

It is important that students experience competence to develop a more accurate self-narrative and to begin to create a positive future picture of themselves. We want them to say, "I really helped that student with her artwork. When I grow up, I could work with kids." Or "I am good at fixing things. I could be a mechanic someday."

8. Limit Exclusionary Practices

Behavior is communication, and we've looked at how traumatized students often communicate feelings through their behavior. Teachers' behavior is also communication-and it may not be communicating the message we are striving to send. Common teacher practices such as ignoring inappropriate behavior, sending students to the office, or sending younger kids to sit alone at a back table or in the hallway can unintentionally trigger students who have experienced abandonment or neglect. We need to remember that when some of our students were young and cried, no one came. Ignoring them can trigger a trauma response and make them feel the teacher doesn't like them or is even happy that they are upset.

Ms. Finch would ignore Trevor when he was expressing anger, such as by crumpling up a paper, growling, or slinging a book from his desk onto the floor. On the other hand, Ms. Carlton responded to such moments at the beginning of the year by validating Trevor's feelings ("I am sorry you are upset" or "I see that you are angry"). This is a much more empathetic approach, will preserve the relationship, and will avoid triggering a trauma response in the student.

Another practice to be cautious about is using time with a preferred adult as an incentive. For example, a principal might say, "If you get all your homework done this week, you and I will have lunch together!" The problem with this is that if the student doesn't get all their homework done, then the principal withholds their attention and time. This implies the relationship is conditional and can trigger an abandonment trauma response for some students. It is better to use one-to-one time with students in a noncontingent way. This way adults are communicating, "I like you for who you are," not "I like you when you behave the right way."

Fostering a Feeling of Safety

Students can't learn unless they feel safe. When it comes to student trauma, there is much that is beyond educators' power, but there is also a great deal they can do to build a supportive and sensitive environment where students feel safe, comfortable, take risks, learn, and even heal.

Reflect & Discuss

➛ As Minahan writes, "Students can't learn if they don't feel safe." What small changes are you willing to try in your classroom to foster a sense of safety among traumatized students?

➛ Think about one of your students who struggles with behavior. How could you help him "switch the channel" when he is upset?

➛ Do you routinely share-and exchange ideas about-what's working with a traumatized student? How could you better improve lines of communication across the whole support team?

ASCD is a community dedicated to educators' professional growth and well-being.

Let us help you put your vision into action.

ASCD empowers educators to achieve excellence in learning, teaching, and leading so that every child is healthy, safe, engaged, supported, and challenged.

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Vol. 77 No. 2 Abstract 1. Expect Unexpected Responses 2. Employ Thoughtful Interactions 3. Be Specific About Relationship Building 4. Promote Predictability and Consistency 5. Teach Strategies to "Change the Channel" 6. Give Supportive Feedback to Reduce Negative Thinking 7. Create Islands of Competence 8.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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* Meet with School Administrators to discuss who is apart of the districts  Threat Assessment and Safe and Supportive Schools "team" so you know who to reach out to.

* Complete any required trainings on mental health, behavioral health, trauma informed practices, suicide prevention and substance abuse.

*Attend Professional Development provided by your district or educational service center to learn more about trauma informed schools and other mental health strategies.

*Reach out to your school counselor, school social worker, or other mental health professional on campus to learn more about programs and services available to students.