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Threat Assessment and Safe and Supportive Team

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Threat Assessment and Safe and Supportive Team

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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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118 Stat. 1404                 S.2634 - Garrett Lee Smith Memorial Act     

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118 Stat. 1404                 S.2634 - Garrett Lee Smith Memorial Act     

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Shown Here:
Public Law No: 108-355 (10/21/2004)
(This measure has not been amended since it was passed by the House on September 9, 2004. The summary of that version is repeated here.)
Garrett Lee Smith Memorial Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award a grant to an additional research, training, and technical assistance center to provide information, training, and technical assistance to various entities, including for: (1) developing or continuing statewide or tribal suicide early intervention and prevention strategies; (2) ensuring the surveillance of such strategies; (3) studying the costs and effectiveness of such strategies; (4) promoting the sharing of data regarding youth suicide; and (5) evaluating and disseminating outcomes and best practices of mental and behavioral health services at institutions of higher education.

Requires the Secretary to award grants or cooperative agreements to various entities to design early intervention and prevention strategies that will complement the State-sponsored statewide or tribal youth suicide prevention strategies developed under this Act, including by: (1) providing for the timely assessment, treatment, or referral for mental health or substance abuse services of youth at risk for suicide; (2) offering access to services and care to youth with diverse linguistic and cultural backgrounds; and (3) conducting annual self-evaluations of outcomes and activities. Provides grants for three years.

Requires the Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants or cooperative agreements to States or Indian tribes to: (1) develop and implement the suicide prevention strategies in schools, juvenile justice systems, and other child and youth support entities; (2) support organizations actively involved in such strategies and in developing and continuing such strategies; (3) provide grants to institutions of higher education to coordinate the implementation of such strategies; (4) collect and analyze data to monitor the effectiveness of suicide prevention services and for research, technical assistance, and policy developments; and (5) assist eligible entities in achieving their targets for youth suicide reductions. Limits grant or cooperative agreement awards to one per State.

Requires States to give preference to certain entities in providing assistance, including those that: (1) provide suicide prevention services to at-risk youth and that are integrated with child and youth support organizations; (2) provide immediate support and information resources to families of at-risk youth; (3) offer appropriate post-suicide intervention services, care, and information; (4) train professionals in suicide prevention services and in effectively identifying youth who are at risk; and (5) obtain informed written consent from a parent or legal guardian of an at-risk child before involving the child in an intervention and prevention program. Requires 85 percent of grant funds to be used to provide direct services and at least 5% to be awarded to institutions of higher education.

Requires the Secretary to coordinate and collaborate on policy development with relevant Department of Health and Human Services (HHS) agencies and suicide working groups and to consult with the private sector on policy development with respect to suicide prevention strategies.

States that this Act does not: (1) require suicide assessment, early intervention, or treatment services for youth whose parents or legal guardians object based on the parents' or legal guardians' religious beliefs or moral objections; or (2) allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services.

Prohibits funds appropriated under this Act from being used to pay for or refer for abortion.

Requires that States and entities receiving funding under this Act obtain prior written, informed consent from the child's parent or legal guardian for assessment services, school-sponsored programs, and treatment involving medication related to youth suicide conducted in elementary and secondary schools, except in: (1) an emergency where it is necessary to protect the immediate health and safety of a student; or (2) other instances defined by the State where parental consent cannot be reasonably obtained.

Provides that States that have rates of suicide that significantly exceed the national average be given preference in the event of limited appropriations.

Allows the Secretary, acting through the Director of the Center for Mental Health Services, to award competitive matching grants to institutions of higher education to enhance services for students with mental and behavioral health problems that can lead to school failure, such as depression, substance abuse, and suicide attempts, so that students can successfully complete their studies. Provides that institutions receiving such grants must agree to use such funds only for: (1) educational seminars; (2) the operation of hot lines; (3) the preparation of informational material, including materials for families to increase awareness of potential mental and behavioral health issues of students; (4) training programs for students and campus personnel to respond effectively to students with mental and behavioral health problems that can lead to school failure; or (5) the creation of a networking infrastructure to link colleges and universities that do not have mental health services with health care providers who can treat mental and behavioral health problems. Sets forth application requirements.

Sets forth reporting requirements.

Authorizes appropriations.

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S.2634 - 108th Congress (2003-2004): Garrett Lee Smith Memorial Act

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(This measure has not been amended since it was passed by the House on September 9, 2004. The summary of that version is repeated here.)

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE



CHAPTER 11. SCHOOL DISTRICTS



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 11.001. ACCREDITATION. Each school district must be accredited by the agency as provided by Subchapter C, Chapter 39.


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


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 5, eff. June 19, 2009.


Sec. 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC EDUCATION. The school districts and charter schools created in accordance with the laws of this state have the primary responsibility for implementing the state's system of public education and ensuring student performance in accordance with this code.


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


Sec. 11.003. ADMINISTRATIVE EFFICIENCY.


(a) Expired.


(b) Each regional education service center shall:


(1) notify each school district served by the center regarding the opportunities available through the center for cooperative shared services arrangements within the center's service area; and


(2) evaluate the need for cooperative shared services arrangements within the center's service area and consider expanding center-sponsored cooperative shared services arrangements.


(c) Each regional education service center shall assist a school district board of trustees in entering into an agreement with another district or political subdivision, a regional education service center, or an institution of higher education as defined by Section 61.003, for a cooperative shared services arrangement regarding administrative services, including transportation, food service, purchasing, and payroll functions.


(d) The commissioner may require a district to enter into a cooperative shared services arrangement for administrative services if the commissioner determines:


(1) that the district has failed to satisfy a financial accountability standard as determined by commissioner rule under Subchapter D, Chapter 39; and


(2) that entering into a cooperative shared services arrangement would:


(A) enable the district to enhance its performance on the financial accountability standard identified under Subdivision (1); and


(B) promote the efficient operation of the district.


(e) The commissioner may require an open-enrollment charter school to enter into a cooperative shared services arrangement for administrative services if the commissioner determines, after an audit conducted under Section 12.1163, that such a cooperative shared services arrangement would promote the efficient operation of the school.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 2.03, eff. May 31, 2006.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 6, eff. June 19, 2009.


SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICTS



Sec. 11.011. ORGANIZATION. The board of trustees of an independent school district, the superintendent of the district, the campus administrators, and the district- and campus-level committees established under Section 11.251 shall contribute to the operation of the district in the manner provided by this code and by the board of trustees of the district in a manner not inconsistent with this code.


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


SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT--GENERAL PROVISIONS



Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; NUMBER OF TRUSTEES. (a) An independent school district is governed by a board of trustees who, as a body corporate, shall:


(1) oversee the management of the district; and


(2) ensure that the superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of district operations.


(a-1) Unless authorized by the board, a member of the board may not, individually, act on behalf of the board. The board of trustees may act only by majority vote of the members present at a meeting held in compliance with Chapter 551, Government Code, at which a quorum of the board is present and voting. The board shall provide the superintendent an opportunity to present at a meeting an oral or written recommendation to the board on any item that is voted on by the board at the meeting.


(b) The board consists of the number of members that the district had on September 1, 1995.


(c) A board of trustees that has three or five members may by resolution increase the membership to seven. A board of trustees that votes to increase its membership must consider whether the district would benefit from also adopting a single-member election system under Section 11.052. A resolution increasing the number of trustees takes effect with the second regular election of trustees that occurs after the adoption of the resolution. The resolution must provide for a transition in the number of trustees so that when the transition is complete, trustees are elected as provided by Section 11.059.


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


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 1, eff. September 1, 2007.


Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a) This section applies only to a school district described by Section 11.065(a) in which a school in the district is operating under a campus turnaround plan.


(b) Notwithstanding Section 11.051(b), the board of trustees of a school district may adopt a resolution establishing as a nonvoting member a student trustee position as provided by this section.


(c) For a student trustee position under this section, the board shall adopt a policy that establishes:


(1) the term of the student trustee position;


(2) the procedures for selecting a student trustee, including the method for filling a vacancy; and


(3) the procedures for removal of a student trustee.


(d) A student is eligible to serve as a student trustee if the student is enrolled in the student's junior or senior year of high school and is considered in good standing academically and under the district code of conduct.


(e) The board shall adopt a policy regarding student trustee:


(1) participation, other than voting, in board deliberations, subject to Subsection (f); and


(2) access to information, documents, and records, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


(f) A student trustee may not participate in a closed session of a board meeting in which any issue related to a personnel matter is considered.


(g) A student trustee is not entitled to receive compensation or reimbursement of the student trustee's expenses for services on the board.


(h) A school district may grant to a student who fulfills the requirements of service of a student trustee not more than one academic course credit in a subject area determined appropriate by the district.


Added by Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 2, eff. June 19, 2015.


Sec. 11.052. SINGLE-MEMBER TRUSTEE DISTRICTS. (a) Except as provided by Subsection (b), the board of trustees of an independent school district, on its own motion, may order that trustees of the district are to be elected from single-member trustee districts or that not fewer than 70 percent of the members of the board of trustees are to be elected from single-member trustee districts with the remaining trustees to be elected from the district at large.


(b) If a majority of the area of an independent school district is located in a county with a population of less than 10,000, the board of trustees of the district, on its own motion, may order that trustees of the district are to be elected from single-member trustee districts or that not fewer than 50 percent of the members of the board of trustees are to be elected from single-member trustee districts with the remaining trustees to be elected from the district at large.


(c) Before adopting an order under Subsection (a) or (b), the board must:


(1) hold a public hearing at which registered voters of the district are given an opportunity to comment on whether or not they favor the election of trustees in the manner proposed by the board; and


(2) publish notice of the hearing in a newspaper that has general circulation in the district, not later than the seventh day before the date of the hearing.


(d) An order of the board adopted under Subsection (a) or (b) must be entered not later than the 120th day before the date of the first election at which all or some of the trustees are elected from single-member trustee districts authorized by the order.


(e) If at least 15 percent or 15,000 of the registered voters of the school district, whichever is less, sign and present to the board of trustees a petition requesting submission to the voters of the proposition that trustees of the district be elected in a specific manner, which must be generally described on the petition and which must be a manner of election that the board could have ordered on its own motion under Subsection (a) or (b), the board shall order that the appropriate proposition be placed on the ballot at the first regular election of trustees held after the 120th day after the date the petition is submitted to the board. The proposition must specify the number of trustees to be elected from single-member districts. Beginning with the first regular election of trustees held after an election at which a majority of the registered voters voting approve the proposition, trustees of the district shall be elected in the manner prescribed by the approved proposition.


(f) If single-member trustee districts are adopted or approved as provided by this section, the board shall divide the school district into the appropriate number of trustee districts, based on the number of members of the board that are to be elected from single-member trustee districts, and shall number each trustee district. The trustee districts must be compact and contiguous and must be as nearly as practicable of equal population. In a district with 150,000 or more students in average daily attendance, the boundary of a trustee district may not cross a county election precinct boundary except at a point at which the boundary of the school district crosses the county election precinct boundary. Trustee districts must be drawn not later than the 90th day before the date of the first election of trustees from those districts.


(g) Residents of each trustee district are entitled to elect one trustee to the board. A trustee elected to represent a trustee district at the first election of trustees must be a resident of the district the trustee represents not later than: (1) the 90th day after the date election returns are canvassed; or (2) the 60th day after the date of a final judgment in an election contest filed concerning that trustee district. After the first election of trustees from single-member trustee districts, a candidate for trustee representing a single-member trustee district must be a resident of the district the candidate seeks to represent. A person appointed to fill a vacancy in a trustee district must be a resident of that trustee district. A trustee vacates the office if the trustee fails to move into the trustee district the trustee represents within the time provided by this subsection or ceases to reside in the district the trustee represents. A candidate for trustee representing the district at large must be a resident of the district.


(h) At the first election at which some or all of the trustees are elected in a manner authorized by this section and after each redistricting, all positions on the board shall be filled. The trustees then elected shall draw lots for staggered terms as provided by Section 11.059.


(i) Not later than the 90th day before the date of the first regular school board election at which trustees may officially recognize and act on the last preceding federal census, the board shall redivide the district into the appropriate number of trustee districts if the census data indicates that the population of the most populous district exceeds the population of the least populous district by more than 10 percent. Redivision of the district shall be in the manner provided for division of the district under Subsection (f).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 1, eff. Sept. 1, 2001.


Sec. 11.053. OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF SINGLE-MEMBER PLAN OR REDISTRICTING. (a) The board of trustees of an independent school district that adopts a redistricting plan under Section 11.052 may provide for the trustees in office when the plan is adopted or the school district is redistricted to serve for the remainder of their terms in accordance with this section.


(b) The trustee district and any at-large positions provided by the district's plan shall be filled as the staggered terms of trustees then in office expire. Not later than the 90th day before the date of the first election from trustee districts and after each redistricting, the board shall determine the order in which the positions will be filled.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 2, eff. Sept. 1, 2001.


Sec. 11.054. ELECTING TRUSTEES BY CUMULATIVE VOTING. (a) The board of trustees of an independent school district that elects its trustees at large or at large by position may order that elections for trustees be held using the cumulative voting procedure described by this section.


(b) At an election at which more than one trustee position is to be filled, all of the positions that are to be filled at the election shall be voted on as one race by all the voters of the school district. Each voter is entitled to cast a number of votes equal to the number of positions to be filled at the election.


(c) A voter may cast one or more of the specified number of votes for any one or more candidates in any combination. Only whole votes may be cast and counted.


(d) If a voter casts more than the number of votes to which the voter is entitled in the election, none of the voter's votes may be counted in that election. If a voter casts fewer votes than entitled, all of the voter's votes are counted in that election.


(e) The candidates who are elected are those, in the number to be elected, receiving the highest numbers of votes.


(f) If the board of trustees adopts an order requiring the use of cumulative voting, only the trustee positions that were scheduled to be elected at the election are filled through the use of cumulative voting.


(g) An independent school district that adopts an order requiring the use of cumulative voting may not elect its members by position as provided by Section 11.058.


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


Sec. 11.055. APPLICATION TO GET ON BALLOT. (a) An application of a candidate for a place on the ballot must be filed not later than 5 p.m. of the 78th day before the date of the election. An application may not be filed earlier than the 30th day before the date of the filing deadline.


(b) In a district in which the positions on the board of trustees are not authorized to be designated by number, an applicant is not required to state which other candidate, if any, the applicant is opposing.


(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 84 , Sec. 31, eff. September 1, 2015.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 9, eff. Nov. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 30, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 42, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 31, eff. September 1, 2015.


Sec. 11.056. WRITE-IN VOTING. (a) In an election for trustees of an independent school district, a write-in vote may not be counted for a person unless that person has filed a declaration of write-in candidacy with the secretary of the board of trustees in the manner provided for write-in candidates in the general election for state and county officers.


(b) A declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election.


(c) With the appropriate modifications and to the extent practicable, Subchapter B, Chapter 146, Election Code, applies to write-in voting in an election for trustees of an independent school district.


(d) The secretary of state shall adopt the rules necessary to implement this section.


(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1318, Sec. 51(2), eff. September 1, 2011.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 74, eff. Sept. 1, 1997.


Amended by:


Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 31, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 43, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 51(2), eff. September 1, 2011.


Sec. 11.057. DETERMINATION OF RESULTS; OPTIONAL MAJORITY VOTE REQUIREMENT. (a) Except as provided by Subsection (c), in an independent school district in which the positions of trustees are designated by number as provided by Section 11.058 or in which the trustees are elected from single-member trustee districts as provided by Section 11.052, the candidate receiving the highest number of votes for each respective position voted on is elected.


(b) In a district in which the positions of trustees are not designated by number or in which the trustees are not elected from single-member trustee districts, the candidates receiving the highest number of votes shall fill the positions the terms of which are normally expiring.


(c) The board of trustees of an independent school district in which the positions of trustees are designated by number or in which the trustees are elected from single-member trustee districts as provided by Section 11.052 may provide by resolution, not later than the 180th day before the date of an election, that a candidate must receive a majority of the votes cast for a position or in a trustee district, as applicable, to be elected. A resolution adopted under this subsection is effective until rescinded by a subsequent resolution adopted not later than the 180th day before the date of the first election to which the rescission applies.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 522, Sec. 1, eff. Sept. 1, 1999.


Sec. 11.058. ELECTION BY POSITION. (a) The designation of the positions of trustees by number is or may be required only as specified by this section.


(b) The positions on the board of trustees shall be designated by number in any independent school district in which the procedure of designating and electing the trustees by number has been authorized and instituted whether under general or special law and whether by resolution of the trustees or by operation of law.


(c) The positions on the board of trustees shall be designated by number in any independent school district in which the board of trustees by resolution orders that all candidates for trustee be voted on and elected separately for positions on the board of trustees and that all candidates be designated on the official ballot according to the number of the positions for which they seek election.


(d) The resolution of the board of trustees must be made not later than the 60th day before the date of any trustee election for this section to apply.


(e) The board shall also, not later than the 60th day before the date of the election, number the positions on the board in the order in which the terms of office of the trustees expire.


(f) Once the board of trustees of an independent school district has ordered the election of trustees by numbered positions under this section, neither the board of trustees nor their successors may rescind the action.


(g) Ballots for an election to which this section applies must clearly show the position for which each person is a candidate. The board of trustees shall arrange by lot the names of the candidates for each position.


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


Sec. 11.0581. JOINT ELECTIONS REQUIRED. (a) An election for trustees of an independent school district shall be held on the same date as:


(1) the election for the members of the governing body of a municipality located in the school district;


(2) the general election for state and county officers;


(3) the election for the members of the governing body of a hospital district, if the school district:


(A) is wholly or partly located in a county with a population of less than 40,000 that is adjacent to a county with a population of more than three million; and


(B) held its election for trustees jointly with the election for the members of the governing body of the hospital district before May 2007; or


(4) the election for the members of the governing board of a public junior college district in which the school district is wholly or partly located.


(b) Elections held on the same date as provided by Subsection (a) shall be held as a joint election under Chapter 271, Election Code.


(c) The voters of a joint election under this section shall be served by common polling places consistent with Section 271.003(b), Election Code.


(d) The board of trustees of an independent school district changing an election date to comply with this section shall adjust the terms of office of its members to conform to the new election date.


(e) The joint election agreement allocating expenses as provided by Section 271.004, Election Code, must provide that a school district is responsible only for the proportion of election expenses that corresponds to the proportion that the number of registered voters in the school district bears to the total number of registered voters in all political subdivisions participating in the joint election. This subsection applies only to a school district:


(1) that has territory located in at least four counties, each of which has a population of less than 55,000; and


(2) no part of which is located in a municipality.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 11.01, eff. May 31, 2006.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1010 (H.B. 945), Sec. 2, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 40 (S.B. 729), Sec. 1, eff. May 10, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 8, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 326 (H.B. 1871), Sec. 1, eff. June 14, 2013.


Acts 2019, 86th Leg., R.S., Ch. 379 (H.B. 2778), Sec. 1, eff. June 2, 2019.


Sec. 11.059. TERMS. (a) A trustee of an independent school district serves a term of three or four years.


(b) Elections for trustees with three-year terms shall be held annually. The terms of one-third of the trustees, or as near to one-third as possible, expire each year.


(c) Elections for trustees with four-year terms shall be held biennially. The terms of one-half of the trustees, or as near to one-half as possible, expire every two years.


(d) A board policy must state the schedule on which specific terms expire.


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


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 17 (S.B. 670), Sec. 1, eff. April 25, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 44, eff. September 1, 2011.


Sec. 11.060. VACANCIES. (a) If a vacancy occurs on the board of trustees of an independent school district, the remaining trustees may fill the vacancy by appointment until the next trustee election.


(b) If the board is appointed by the governing body of a municipality, a trustee appointed by the governing body to fill a vacancy shall serve for the unexpired term.


(c) Instead of filling a vacancy by appointment under Subsection (a) or (b), the board or municipal governing body may order a special election to fill the vacancy. A special election is conducted in the same manner as the district's general election except as provided by the Election Code.


(d) If more than one year remains in the term of the position vacated, the vacancy shall be filled under this section not later than the 180th day after the date the vacancy occurs.


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


Sec. 11.061. QUALIFICATION AND ORGANIZATION OF TRUSTEES; COMPENSATION. (a) The trustees first elected or appointed after the creation or incorporation of an independent school district shall file their official oaths with the county judge of the county in which the district or a major portion of the district is situated. After all subsequent elections, the newly elected trustees shall file their official oaths with the president of the board of trustees.


(b) A person may not be elected trustee of an independent school district unless the person is a qualified voter.


(c) Except as provided by Section 11.062, at the first meeting after each election and qualification of trustees, the members shall organize by selecting:


(1) a president, who must be a member of the board;


(2) a secretary, who may or may not be a member of the board; and


(3) other officers and committees the board considers necessary.


(d) The trustees serve without compensation.


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


Sec. 11.062. ELECTION OF OFFICERS IN CERTAIN SCHOOL DISTRICTS. An independent school district in which, before September 1, 1995, part of the trustees were elected from single-member trustee districts and one or more board officers were elected at large shall continue electing trustees and officers in that manner until a different method of selection is adopted by resolution of the board of trustees.


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


Sec. 11.0621. MEETINGS. The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting. The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.


Added by Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 2, eff. September 1, 2007.


Sec. 11.063. ELIGIBILITY FOR EMPLOYMENT. A trustee of an independent school district may not accept employment with that school district until the first anniversary of the date the trustee's membership on the board ends.


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


Sec. 11.064. FILING OF FINANCIAL STATEMENT BY TRUSTEE. (a) The board of trustees of an independent school district by resolution adopted by majority vote may require each member of the board to file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, with:


(1) the board of trustees; and


(2) the Texas Ethics Commission.


(a-1) Not later than the 15th day after the date a board of trustees adopts a resolution under Subsection (a), the board shall deliver a certified copy of the resolution to the Texas Ethics Commission.


(a-2) A resolution adopted under Subsection (a) applies beginning on January 1 of the second year following the year in which the resolution is adopted. A member of a board of trustees that has adopted a resolution under Subsection (a) is not required to include, in a financial disclosure statement under this section, financial activity occurring before January 1 of the year following the year in which the resolution is adopted.


(a-3) The commissioner by order shall require the members of the board of trustees of an independent school district to file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, in the same manner as the members of a board of trustees that have adopted a resolution under Subsection (a) if the commissioner determines that:


(1) a board member has failed to comply with filing and recusal requirements applicable to the member under Chapter 171, Local Government Code;


(2) the district financial accounting practices are not adequate to safeguard state and district funds; or


(3) the district has not met a standard set by the commissioner in the financial accountability rating system.


(a-4) The commissioner may require filing financial statements under Subsection (a-3) covering not more than three fiscal years and beginning on January 1 of the second year following the date of the commissioner's order. A member of a board of trustees subject to an order issued under Subsection (a-3) is not required to include, in a financial disclosure statement subject to this section, financial activity occurring before January 1 of the year following the year in which the order is issued. The commissioner may renew the requirement if the commissioner determines that a condition described by Subsection (c) continues to exist.


(b) Subchapter B, Chapter 572, Government Code:


(1) applies to a trustee subject to this section as if the trustee were a state officer; and


(2) governs the contents, timeliness of filing, and public inspection of a statement filed under this section.


(c) A trustee serving in a school district that has adopted a resolution under Subsection (a) or that is subject to an order issued under Subsection (a-3) commits an offense if the trustee fails to file the statement required by the resolution or order. An offense under this section is a Class B misdemeanor.


Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.04, eff. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 30.01, eff. Jan. 11, 2004.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 853 (H.B. 343), Sec. 1, eff. January 1, 2014.


Sec. 11.065. APPLICABILITY TO CERTAIN DISTRICTS. (a) Sections 11.052(g) and (h) and Sections 11.059(a) and (b) do not apply to the board of trustees of a school district if:


(1) the district's central administrative office is located in a county with a population of more than two million; and


(2) the district's student enrollment is more than 125,000 and less than 200,000.


(b) Section 11.053 of this code and Section 141.001, Election Code, apply to the board of trustees of a school district described by Subsection (a).


(c) A trustee of a school district described by Subsection (a) may not serve a term that exceeds four years.


(d) Notwithstanding Chapter 171, Acts of the 50th Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas Civil Statutes), to the extent consistent with this section, the board of trustees of a school district described by Subsection (a) may adopt rules necessary to govern the term, election, and residency requirements of members of the board that may be adopted under general law by any other school district.


Added by Acts 2003, 78th Leg., ch. 344, Sec. 1, eff. June 18, 2003.


Renumbered from Education Code, Section 11.064 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(10), eff. September 1, 2005.


Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED OF CERTAIN OFFENSES. A person is ineligible to serve as a member of the board of trustees of a school district if the person has been convicted of a felony or an offense under Section 43.02(b), Penal Code.


Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 9, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 689 (S.B. 2283), Sec. 1, eff. September 1, 2019.


SUBCHAPTER D. POWERS AND DUTIES OF BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT



Sec. 11.151. IN GENERAL. (a) The trustees of an independent school district constitute a body corporate and in the name of the district may acquire and hold real and personal property, sue and be sued, and receive bequests and donations or other moneys or funds coming legally into their hands.


(b) The trustees as a body corporate have the exclusive power and duty to govern and oversee the management of the public schools of the district. All powers and duties not specifically delegated by statute to the agency or to the State Board of Education are reserved for the trustees, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees.


(c) All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office. The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.


(d) The trustees may adopt rules and bylaws necessary to carry out the powers and duties provided by Subsection (b).


(e) A school district may request the assistance of the attorney general on any legal matter. The district must pay any costs associated with the assistance.


(f) For purposes of this section, a county board of education, as defined by a board of county school trustees, and office of county school superintendent in a county with a population of 2.2 million or more and that is adjacent to a county with a population of more than 800,000 are included within the definition of a school district and subject to the oversight of the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 5, eff. Sept. 1, 2003.


Amended by:


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


Sec. 11.1511. SPECIFIC POWERS AND DUTIES OF BOARD. (a) In addition to powers and duties under Section 11.151 or other law, the board of trustees of an independent school district has the powers and duties provided by Subsection (b).


(b) The board shall:


(1) seek to establish working relationships with other public entities to make effective use of community resources and to serve the needs of public school students in the community;


(2) adopt a vision statement and comprehensive goals for the district and the superintendent and monitor progress toward those goals;


(3) establish performance goals for the district concerning:


(A) the academic and fiscal performance indicators under Subchapters C, D, and J, Chapter 39; and


(B) any performance indicators adopted by the district;


(4) ensure that the superintendent:


(A) is accountable for achieving performance results;


(B) recognizes performance accomplishments; and


(C) takes action as necessary to meet performance goals;


(5) adopt a policy to establish a district- and campus-level planning and decision-making process as required under Section 11.251;


(6) publish an annual educational performance report as required under Section 39.306;


(7) adopt an annual budget for the district as required under Section 44.004;


(8) adopt a tax rate each fiscal year as required under Section 26.05, Tax Code;


(9) monitor district finances to ensure that the superintendent is properly maintaining the district's financial procedures and records;


(10) ensure that district fiscal accounts are audited annually as required under Section 44.008;


(11) publish an end-of-year financial report for distribution to the community;


(12) conduct elections as required by law;


(13) by rule, adopt a process through which district personnel, students or the parents or guardians of students, and members of the public may obtain a hearing from the district administrators and the board regarding a complaint;


(14) make decisions relating to terminating the employment of district employees employed under a contract to which Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies; and


(15) carry out other powers and duties as provided by this code or other law.


(c) The board may:


(1) issue bonds and levy, pledge, assess, and collect an annual ad valorem tax to pay the principal and interest on the bonds as authorized under Sections 45.001 and 45.003;


(2) levy, assess, and collect an annual ad valorem tax for maintenance and operation of the district as authorized under Sections 45.002 and 45.003;


(3) employ a person to assess or collect the district's taxes as authorized under Section 45.231; and


(4) enter into contracts as authorized under this code or other law and delegate contractual authority to the superintendent as appropriate.


(d) The board may require a school district's chief business official or curriculum director or a person holding an equivalent position to appear at an executive session of the board or to testify at a public hearing held by the board. A superintendent may not interfere with an appearance or testimony required by the board under this subsection.


Added by Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 3, eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 7, eff. June 19, 2009.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 2, eff. September 1, 2017.


Sec. 11.1512. COLLABORATION BETWEEN BOARD AND SUPERINTENDENT. (a) In relation to the superintendent of the school district, the board of trustees of the district has the powers and duties specified by Sections 11.1511(b) and (c). The superintendent shall, on a day-to-day basis, ensure the implementation of the policies created by the board.


(b) The board of trustees and the superintendent shall work together to:


(1) advocate for the high achievement of all district students;


(2) create and support connections with community organizations to provide community-wide support for the high achievement of all district students;


(3) provide educational leadership for the district, including leadership in developing the district vision statement and long-range educational plan;


(4) establish district-wide policies and annual goals that are tied directly to the district's vision statement and long-range educational plan;


(5) support the professional development of principals, teachers, and other staff; and


(6) periodically evaluate board and superintendent leadership, governance, and teamwork.


(c) A member of the board of trustees of the district, when acting in the member's official capacity, has an inherent right of access to information, documents, and records maintained by the district, and the district shall provide the information, documents, and records to the member without requiring the member to submit a public information request under Chapter 552, Government Code. The district shall provide the information, documents, and records to the member without regard to whether the requested items are the subject of or relate to an item listed on an agenda for an upcoming meeting. The district may withhold or redact information, a document, or a record requested by a member of the board to the extent that the item is excepted from disclosure or is confidential under Chapter 552, Government Code, or other law.


(c-1) Except as otherwise provided by this subsection, a district shall provide a member of the board of trustees with information, documents, and records requested under Subsection (c) not later than the 20th business day after the date the district receives the request. The district may take a reasonable additional period of time, not to exceed the 30th business day after the date the district receives the request, to respond to a request if compliance by the 20th business day would be unduly burdensome given the amount, age, or location of the requested information. The district shall inform the trustee of the reason for the delay in providing the requested information and the date by which the information will be provided.


(c-2) If a district does not provide requested information to a member of the board of trustees in the time required under Subsection (c-1), the member may bring suit against the district for appropriate injunctive relief. A member who prevails in a suit under this subsection is entitled to recover court costs and reasonable attorney's fees. The district shall pay the costs and fees from the budget of the superintendent's office.


(c-3) A board member shall maintain the confidentiality of information, documents, and records received under Subsection (c) as required by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) and any other applicable privacy laws.


(d) A school district shall post, in a place convenient to the public, the cost of responding to one or more requests submitted by a member of the board of trustees of the district under Subsection (c) if the requests are for 200 or more pages of material in a 90-day period.


(e) The district shall report annually to the Texas Education Agency not later than September 1 of each year:


(1) the number of requests submitted by a member of the board of trustees of the district under Subsection (c) during the preceding school year; and


(2) the total cost to the district for that school year of responding to requests under Subsection (c).


(f) In this section, "official capacity" means all duties of office and includes administrative decisions or actions.


(g) A district shall create a policy on visits to a district campus or other facility by a member of the board of trustees of the district.


Added by Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 3, eff. September 1, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1130 (H.B. 628), Sec. 1, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 3, eff. September 1, 2017.


Sec. 11.1513. EMPLOYMENT POLICY. (a) The board of trustees of each independent school district shall adopt a policy providing for the employment and duties of district personnel. The employment policy must provide that:


(1) the board employs and evaluates the superintendent;


(2) the superintendent has sole authority to make recommendations to the board regarding the selection of all personnel other than the superintendent, except that the board may delegate final authority for those decisions to the superintendent; and


(3) each principal must approve each teacher or staff appointment to the principal's campus as provided by Section 11.202.


(b) The board of trustees may accept or reject the superintendent's recommendation regarding the selection of district personnel and shall include the board's acceptance or rejection in the minutes of the board's meeting, as required under Section 551.021, Government Code, in the certified agenda or tape recording required under Section 551.103, Government Code, or in the recording required under Section 551.125 or 551.127, Government Code, as applicable. If the board rejects the superintendent's recommendation, the superintendent shall make alternative recommendations until the board accepts a recommendation.


(c) The employment policy may:


(1) specify the terms of employment with the district;


(2) delegate to the superintendent the authority to determine the terms of employment with the district; or


(3) include a provision for providing each current district employee with an opportunity to participate in a process for transferring to another school in or position with the district.


(d) The employment policy must provide that not later than the 10th school day before the date on which a district fills a vacant position for which a certificate or license is required as provided by Section 21.003, other than a position that affects the safety and security of students as determined by the board of trustees, the district must provide to each current district employee:


(1) notice of the position by posting the position on:


(A) a bulletin board at:


(i) a place convenient to the public in the district's central administrative office; and


(ii) the central administrative office of each campus in the district during any time the office is open; or


(B) the district's Internet website, if the district has a website; and


(2) a reasonable opportunity to apply for the position.


(e) If, during the school year, the district must fill a vacant position held by a teacher, as defined by Section 21.201, in less than 10 school days, the district:


(1) must provide notice of the position in the manner described by Subsection (d)(1) as soon as possible after the vacancy occurs;


(2) is not required to provide the notice for 10 school days before filling the position; and


(3) is not required to comply with Subsection (d)(2).


(f) If, under the employment policy, the board of trustees delegates to the superintendent the final authority to select district personnel:


(1) the superintendent is a public official for purposes of Chapter 573, Government Code, only with respect to a decision made under that delegation of authority; and


(2) each member of the board of trustees remains subject to Chapter 573, Government Code, with respect to all district employees.


(g) Subsection (f) does not apply to a school district that is located:


(1) wholly in a county with a population of less than 35,000; or


(2) in more than one county, if the county in which the largest portion of the district territory is located has a population of less than 35,000.


(h) For purposes of Subsection (f), a person hired by a school district before September 1, 2007, is considered to have been in continuous employment as provided by Section 573.062(a), Government Code, and is not prohibited from continuing employment with the district subject to the restrictions of Section 573.062(b), Government Code.


(i) The employment policy must provide each school district employee with the right to present grievances to the district board of trustees.


(j) The employment policy may not restrict the ability of a school district employee to communicate directly with a member of the board of trustees regarding a matter relating to the operation of the district, except that the policy may prohibit ex parte communication relating to:


(1) a hearing under Subchapter E or F, Chapter 21; and


(2) another appeal or hearing in which ex parte communication would be inappropriate pending a final decision by a school district board of trustees.


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


Amended by:


Acts 2005, 79th Leg., Ch. 705 (S.B. 387), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 10 (S.B. 135), Sec. 1, eff. April 23, 2007.


Redesignated from Education Code, Section 11.163 and amended by Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 4, eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(4), eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1347 (S.B. 300), Sec. 1, eff. June 19, 2009.


Sec. 11.1514. SOCIAL SECURITY NUMBERS. The board of trustees of an independent school district shall adopt a policy prohibiting the use of the social security number of an employee of the district as an employee identifier other than for tax purposes.


Added by Acts 2013, 83rd Leg., R.S., Ch. 183 (H.B. 2961), Sec. 3, eff. September 1, 2013.


Sec. 11.1515. OVERSIGHT OF ACADEMIC ACHIEVEMENT. The board of trustees of an independent school district or the governing body of an open-enrollment charter school shall provide oversight regarding student academic achievement and strategic leadership for maximizing student performance.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 4, eff. September 1, 2017.


Sec. 11.1516. DISTRICT DATA ON ACADEMIC ACHIEVEMENT. (a) On request by the board of trustees of an independent school district, the agency shall create an Internet website that members of the board may use to review campus and district academic achievement data. The website must also be made available to campuses in a similar manner that access is provided to the board.


(b) The Internet website must:


(1) include district information, disaggregated by campus, grade, sex, race, academic quarter or semester, as applicable, and school year, regarding the following:


(A) student academic achievement and growth;


(B) teacher and student attendance; and


(C) student discipline records; and


(2) be updated at least once each quarter of the school year.


(c) The commissioner shall provide information that permits a board member to compare the district's academic performance with the academic performance of other districts of similar size and racial and economic demographics.


(d) A district must provide requested information to the commissioner for the creation of an Internet website under this section.


(e) Confidential information received by the commissioner under this section from a district remains confidential. The commissioner shall design the Internet website to ensure that:


(1) public information is made available to the public; and


(2) information submitted by districts noted as confidential is not made available to the public.


(f) A request for public information under this section shall be submitted to the district that provides the agency with the information. The agency may not release information submitted by a district that is noted as confidential information.


(g) The agency may contract with a private entity as necessary to implement this section.


(h) The commissioner may adopt rules for the implementation of this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 4, eff. September 1, 2017.


Sec. 11.1518. TRUSTEE INFORMATION POSTED ON WEBSITE. (a) Each school district that maintains an Internet website shall post on the website the name, e-mail address, and term of office, including the date the term began and the date the term expires, of each member of the district's board of trustees.


(b) If a school district does not maintain an Internet website, the district shall submit the information required by Subsection (a) to the agency. On receipt of the district's information, the agency shall post the information on the agency's Internet website.


(c) Each time there is a change in the membership of a school district's board of trustees, the district shall update the information required under Subsection (a) and, as applicable:


(1) post the updated information on the district's Internet website; or


(2) submit the updated information to the agency for posting on the agency's Internet website in accordance with Subsection (b).


Added by Acts 2019, 86th Leg., R.S., Ch. 1054 (H.B. 963), Sec. 1, eff. June 14, 2019.


Sec. 11.152. TAXES; BONDS. The trustees of an independent school district may levy and collect taxes and issue bonds in compliance with Chapter 45. If a specific rate of tax is not adopted at an election authorizing a tax, the trustees shall determine the rate of tax to be levied within the limit voted and specified by law.


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


Sec. 11.153. SALE OF MINERALS. (a) Minerals in land belonging to an independent school district may be sold to any person under this section.


(b) The sale must be authorized by a resolution adopted by majority vote of the board of trustees of the school district.


(c) After adoption of a resolution under Subsection (b), the president of the board of trustees may execute an oil or gas lease or sell, exchange, and convey the minerals. The mineral deed or lease must recite the approval of the resolution of the board authorizing the sale.


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


Sec. 11.154. SALE OF PROPERTY OTHER THAN MINERALS. (a) The board of trustees of an independent school district may, by resolution, authorize the sale of any property, other than minerals, held in trust for public school purposes.


(b) The president of the board of trustees shall execute a deed to the purchaser of the property reciting the resolution of the board of trustees authorizing the sale.


(c) A school district may employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property.


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


Sec. 11.1541. DONATION OF SURPLUS PROPERTY. (a) The board of trustees of an independent school district may, by resolution, authorize the donation of real property and improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization if:


(1) before adopting the resolution, the board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of the district;


(2) the board determines that:


(A) the improvements have historical significance;


(B) the transfer will further the preservation of the improvements; and


(C) at the time of the transfer, the district does not need the real property or improvements for educational purposes; and


(3) the entity to whom the transfer is made has shown, to the satisfaction of the board, that the entity intends to continue to use the real property and improvements for public purposes.


(b) The president of the board of trustees shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization. The deed must:


(1) recite the resolution of the board authorizing the donation; and


(2) provide that ownership of the real property and improvements revert to the district if the municipality, county, state agency, or nonprofit organization:


(A) discontinues use of the real property and improvements for public purposes; or


(B) executes a document that purports to convey the property.


(c) In this section, "nonprofit organization" means an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.


Added by Acts 2001, 77th Leg., ch. 161, Sec. 1, eff. Jan. 1, 2002. Amended by Acts 2003, 78th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2003.


Sec. 11.1542. OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR DISTRICT FACILITY. (a) The board of trustees of an independent school district that intends to sell, lease, or allow use for a purpose other than a district purpose of an unused or underused district facility must give each open-enrollment charter school located wholly or partly within the boundaries of the district the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the board of trustees, before offering the facility for sale or lease or to any other specific entity.


(b) This section does not require the board of trustees of a school district to accept an offer made by an open-enrollment charter school.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 1, eff. September 1, 2013.


Sec. 11.1543. CHARTER SCHOOL PAYMENT FOR FACILITIES USE OR FOR SERVICES. (a) An independent school district may not require a campus or campus program that has been granted a charter under Subchapter C, Chapter 12, and that is the result of the conversion of the status of an existing school district campus to pay rent for or to purchase a facility in order to use the facility.


(b) An independent school district may not require a campus or campus program described by Subsection (a) or an open-enrollment charter school to pay for any service provided by the district under a contract between the district and the campus, campus program, or open-enrollment charter school an amount that is greater than the amount of the actual costs to the district of providing the service.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 1, eff. September 1, 2013.


Sec. 11.155. EMINENT DOMAIN. (a) An independent school district may, by the exercise of the right of eminent domain, acquire the fee simple title to real property on which to construct school buildings or for any other public use necessary for the district.


(b) In a condemnation by a school district, the trial and all other proceedings, including the assessing of damages, shall be in compliance with the statutes that apply to condemnation by a railroad.


(c) When final judgment is issued in a condemnation, the plaintiff shall be awarded the fee simple title to the property condemned.


(d) If the school district desires to take possession of the property to be condemned pending suit, it may do so at any time after the award of the commissioners and on the conditions in Subdivisions (1)-(4).


(1) The district is not required to give any bond, but it must pay to the defendant the amount of damages awarded or adjudged against it by the commissioners or deposit that amount in court subject to the order of the defendant, and the district shall pay the costs awarded against it.


(2) If on an appeal from the award of the commissioners the judgment exceeds the amount of the award, the district, if it has previously taken possession of the property, shall pay the judgment and costs awarded against it, not later than the 60th day after the date of the final judgment in the case. If the school district fails to pay the judgment and costs, the court shall on application of the defendant determine the damages, if any, the defendant has suffered by reason of the temporary possession by the plaintiff, order those damages paid out of the award deposited in court, and order a writ of possession for the property in favor of the defendant.


(3) If the final judgment on an appeal is less than the amount of the award of the commissioners, the court shall order the excess to be returned to the district.


(4) If the cause is appealed from the decision of the county court, the appeal is governed by the law governing appeals in other cases, except that the judgment of the county court is not suspended by the appeal.


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


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 1, eff. September 1, 2011.


Sec. 11.156. DONATIONS TO THE PUBLIC SCHOOLS. (a) A conveyance, devise, or bequest of property for the benefit of the public schools made by anyone for any county, municipality, or district, if not otherwise directed by the donor, vests the property in the county school trustees, the board of trustees of the municipality or district, or their successors in office as trustees for those to be benefited by the donation.


(b) The funds or other property donated or the income from the property may be spent by the trustees:


(1) for any purpose designated by the donor that is in keeping with the lawful purposes of the schools for the benefit of which the donation was made; or


(2) for any legal purpose if a specific purpose is not designated by the donor.


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


Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. (a) The board of trustees of an independent school district may contract with a public or private entity for that entity to provide educational services for the district.


(b) A school district under contract with an open-enrollment charter school to jointly operate a campus or campus program during the 2017-2018 school year and under any renewal of that contract is eligible to receive funding under Section 42.2511 for each student or the portion of each student's school day under the direction of the open-enrollment charter school. The commissioner may adopt rules to determine the portion of funding a school district is entitled to under this subsection.


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


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 677 (S.B. 2117), Sec. 1, eff. June 10, 2019.


Sec. 11.158. AUTHORITY TO CHARGE FEES. (a) The board of trustees of an independent school district may require payment of:


(1) a fee for materials used in any program in which the resultant product in excess of minimum requirements becomes, at the student's option, the personal property of the student, if the fee does not exceed the cost of materials;


(2) membership dues in student organizations or clubs and admission fees or charges for attending extracurricular activities, if membership or attendance is voluntary;


(3) a security deposit for the return of materials, supplies, or equipment;


(4) a fee for personal physical education and athletic equipment and apparel, although any student may provide the student's own equipment or apparel if it meets reasonable requirements and standards relating to health and safety established by the board;


(5) a fee for items of personal use or products that a student may purchase at the student's option, such as student publications, class rings, annuals, and graduation announcements;


(6) a fee specifically permitted by any other statute;


(7) a fee for an authorized voluntary student health and accident benefit plan;


(8) a reasonable fee, not to exceed the actual annual maintenance cost, for the use of musical instruments and uniforms owned or rented by the district;


(9) a fee for items of personal apparel that become the property of the student and that are used in extracurricular activities;


(10) a parking fee or a fee for an identification card;


(11) a fee for a driver training course, not to exceed the actual district cost per student in the program for the current school year;


(12) a fee for a course offered for credit that requires the use of facilities not available on the school premises or the employment of an educator who is not part of the school's regular staff, if participation in the course is at the student's option;


(13) a fee for a course offered during summer school, except that the board may charge a fee for a course required for graduation only if the course is also offered without a fee during the regular school year;


(14) a reasonable fee for transportation of a student who lives within two miles of the school the student attends to and from that school, except that the board may not charge a fee for transportation for which the school district receives funds under Section 48.151(d);


(15) a reasonable fee, not to exceed $50, for costs associated with an educational program offered outside of regular school hours through which a student who was absent from class receives instruction voluntarily for the purpose of making up the missed instruction and meeting the level of attendance required under Section 25.092; or


(16) if the district does not receive any funds under Section 48.151 and does not participate in a county transportation system for which an allotment is provided under Section 48.151(i), a reasonable fee for the transportation of a student to and from the school the student attends.


(b) The board may not charge fees for:


(1) instructional materials, workbooks, laboratory supplies, or other supplies necessary for participation in any instructional course except as authorized under this code;


(2) field trips required as a part of a basic education program or course;


(3) any specific form of dress necessary for any required educational program or diplomas;


(4) the payment of instructional costs for necessary school personnel employed in any course or educational program required for graduation;


(5) library materials required to be used for any educational course or program, other than fines for lost, damaged, or overdue materials;


(6) admission to any activity the student is required to attend as a prerequisite to graduation;


(7) admission to or examination in any required educational course or program; or


(8) lockers.


(c) Students may be required to furnish personal or consumable items, including pencils, paper, pens, erasers, notebooks, and school uniforms, except that students who are educationally disadvantaged may be required to furnish school uniforms only as provided by Section 11.162.


(d) The board may not charge a fee under Subsection (a)(12) for a course to which Section 28.003 applies.


(e) This section does not prohibit the operation of a school store in which students may purchase school supplies and materials.


(f) A school district shall adopt reasonable procedures for waiving a deposit or fee if a student or the student's parent or guardian is unable to pay it. This policy shall be posted in a central location in each school facility, in the school policy manual, and in the student handbook.


(g) This section does not prohibit a board of trustees from charging reasonable fees for goods and services provided in connection with any postsecondary instructional program, including career and technology, adult, veterans', or continuing education, community service, evening school, and high school equivalency programs.


(h) For a fee charged under Subsection (a)(15), the school district must provide a written form to be signed by the student's legal guardian stating that this fee would not create a financial hardship or discourage the student from attending the program. The school district may only assess the fee if the student returns the signed form.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1029, Sec. 3, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 698, Sec. 1, eff. June 18, 1999.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 57.01, eff. September 28, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 9, eff. July 19, 2011.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.006, eff. September 1, 2019.


Sec. 11.159. MEMBER TRAINING AND ORIENTATION. (a) The State Board of Education shall provide a training course for independent school district trustees to be offered by the regional education service centers. Registration for a course must be open to any interested person, including current and prospective board members, and the state board may prescribe a registration fee designed to offset the costs of providing that course.


(b) A trustee must complete any training required by the State Board of Education. The minutes of the last regular meeting of the board of trustees held before an election of trustees must reflect whether each trustee has met or is deficient in meeting the training required for the trustee as of the first anniversary of the date of the trustee's election or appointment. If the minutes reflect that a trustee is deficient, the district shall post the minutes on the district's Internet website within 10 business days of the meeting and maintain the posting until the trustee meets the requirements.


(c) The State Board of Education shall require a trustee to complete every two years at least:


(1) three hours of training on evaluating student academic performance; and


(2) one hour of training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.


(c-1) The training required by Subsection (c)(1) must be research-based and designed to support the oversight role of the board of trustees under Section 11.1515.


(c-2) A candidate for trustee may complete the training required by Subsection (c) up to one year before the candidate is elected. A new trustee shall complete the training within 120 days after the date of the trustee's election or appointment. A returning trustee shall complete the training by the second anniversary of the completion of the trustee's previous training.


(d) A trustee or candidate for trustee may complete training required under Subsection (c) at a regional education service center or through another authorized provider. A provider must certify the completion of the training by a trustee or candidate.


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


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


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 5, eff. September 1, 2007.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 5, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 214 (H.B. 403), Sec. 1, eff. September 1, 2019.


Sec. 11.160. CHANGE OF SCHOOL DISTRICT NAME. (a) The board of trustees of an independent school district by resolution may change the name of the school district.


(b) The board shall give notice of the change in name of the district by sending to the commissioner a copy of the resolution, attested by the president and secretary of the board. The district, under its changed name, is considered a continuation of the district, as formerly named, for all purposes.


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


Sec. 11.161. FRIVOLOUS SUIT. In a civil suit brought under state law, against an independent school district or an officer of an independent school district acting under color of office, the court may award costs and reasonable attorney's fees if:


(1) the court finds that the suit is frivolous, unreasonable, and without foundation; and


(2) the suit is dismissed or judgment is for the defendant.


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


Sec. 11.162. SCHOOL UNIFORMS. (a) The board of trustees of an independent school district may adopt rules that require students at a school in the district to wear school uniforms if the board determines that the requirement would improve the learning environment at the school.


(b) The rules the board of trustees adopts must designate a source of funding that shall be used in providing uniforms for students at the school who are educationally disadvantaged.


(c) A parent or guardian of a student assigned to attend a school at which students are required to wear school uniforms may choose for the student to be exempted from the requirement or to transfer to a school at which students are not required to wear uniforms and at which space is available if the parent or guardian provides a written statement that, as determined by the board of trustees, states a bona fide religious or philosophical objection to the requirement.


(d) Students at a school at which uniforms are required shall wear the uniforms beginning on the 90th day after the date on which the board of trustees adopts the rules that require the uniforms.


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


Sec. 11.164. RESTRICTING WRITTEN INFORMATION. (a) The board of trustees of each school district shall limit redundant requests for information and the number and length of written reports that a classroom teacher is required to prepare. A classroom teacher may not be required to prepare any written information other than:


(1) any report concerning the health, safety, or welfare of a student;


(2) a report of a student's grade on an assignment or examination;


(3) a report of a student's academic progress in a class or course;


(4) a report of a student's grades at the end of each grade reporting period;


(5) a report on instructional materials;


(6) a unit or weekly lesson plan that outlines, in a brief and general manner, the information to be presented during each period at the secondary level or in each subject or topic at the elementary level;


(7) an attendance report;


(8) any report required for accreditation review;


(9) any information required by a school district that relates to a complaint, grievance, or actual or potential litigation and that requires the classroom teacher's involvement; or


(10) any information specifically required by law, rule, or regulation.


(b) The board of trustees shall review paperwork requirements imposed on classroom teachers and shall transfer to existing noninstructional staff a reporting task that can reasonably be accomplished by that staff.


(c) This section does not preclude a school district from collecting essential information, in addition to information specified under Subsection (a), from a classroom teacher on agreement between the classroom teacher and the district.


Added by Acts 1997, 75th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 6, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 10, eff. July 19, 2011.


Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. The board of trustees of an independent school district may adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours.


Added by Acts 1999, 76th Leg., ch. 1170, Sec. 1, eff. June 18, 1999.


Sec. 11.166. OPERATION ON CAMPUS OF INSTITUTION OF HIGHER EDUCATION. (a) The board of trustees of a school district may operate a school or program or hold a class on the campus of an institution of higher education in this state if the board obtains written consent from the president or other chief executive officer of the institution.


(b) The president or other chief executive officer of an institution of higher education may provide written consent to a board of trustees of a school district under Subsection (a) regardless of whether the institution is located within the boundaries of the district.


Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13, 2001.


Sec. 11.167. OPERATION OUTSIDE DISTRICT BOUNDARIES. The board of trustees of a school district may operate a school or program, including an extracurricular program, or hold a class outside the boundaries of the district.


Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13, 2001.


Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR CERTAIN PURPOSES; EXCEPTION. (a) Except as provided by Subsection (b) or Section 45.109(a-1), (a-2), or (a-3), the board of trustees of a school district may not enter into an agreement authorizing the use of school district employees, property, or resources for the provision of materials or labor for the design, construction, or renovation of improvements to real property not owned or leased by the district.


(b) This section does not prohibit the board of trustees of a school district from entering into an agreement for the design, construction, or renovation of improvements to real property not owned or leased by the district if the improvements benefit real property owned or leased by the district. Benefits to real property owned or leased by the district include the design, construction, or renovation of highways, roads, streets, sidewalks, crosswalks, utilities, and drainage improvements that serve or benefit the real property owned or leased by the district.


Added by Acts 2005, 79th Leg., Ch. 979 (H.B. 1826), Sec. 1, eff. June 18, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 4, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.01, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 196 (S.B. 810), Sec. 1, eff. May 28, 2015.


Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding any other law, the board of trustees of an independent school district may not use state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party.


Added by Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 32, eff. September 1, 2005.


Renumbered from Education Code, Section 11.168 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(11), eff. September 1, 2007.


Sec. 11.170. INTERNAL AUDITOR. If a school district employs an internal auditor:


(1) the board of trustees shall select the internal auditor; and


(2) the internal auditor shall report directly to the board.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 2.04, eff. May 31, 2006.


Sec. 11.171. SCHOOL DISTRICT GRIEVANCE POLICY. (a) A school district grievance policy must permit a school district employee to report a grievance against a supervisor that alleges the supervisor's violation of the law in the workplace or the supervisor's unlawful harassment of the employee to a supervisor other than the supervisor against whom the employee intends to report the grievance.


(b) A school district grievance policy must permit an employee who reports a grievance to make an audio recording of any meeting or proceeding at which the substance of a grievance that complies with the policy is investigated or discussed. The implementation of this subsection may not result in a delay of any timeline provided by the grievance policy and does not require the district to provide equipment for the employee to make the recording.


(c) A school district grievance policy must permit an attorney or other person representing a district employee concerning a grievance reported under Subsection (a) to represent the employee through a telephone conference call, provided that the district has the equipment necessary for that type of call, at any formal grievance proceeding, hearing, or conference at which the district employee is entitled to representation according to the school district grievance policy.


Added by Acts 2007, 80th Leg., R.S., Ch. 176 (H.B. 1622), Sec. 1, eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 191 (H.B. 2512), Sec. 1, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1297 (H.B. 2607), Sec. 1, eff. June 14, 2013.


Sec. 11.174. CONTRACT REGARDING OPERATION OF DISTRICT CAMPUS. (a) A school district campus qualifies for an exemption from intervention as provided by Subsection (f) and qualifies for funding as provided by Section 48.252 if the board of trustees of the district contracts to partner to operate the district campus as provided by this section with:


(1) the governing body of an open-enrollment charter school; or


(2) on approval by the commissioner, an entity granted a charter by the district under Subchapter C, Chapter 12, that is eligible to be awarded a charter under Section 12.101(a).


(b) The board of trustees of a school district may enter into a contract as provided by Subsection (a) only if:


(1) the charter of the open-enrollment charter school has not been previously revoked;


(2) for the three school years preceding the school year of the proposed operation of the district campus as described by Subsection (a), the open-enrollment charter school has received:


(A) an overall performance rating of acceptable or higher under Subchapter C, Chapter 39; and


(B) a financial accountability rating under Subchapter D, Chapter 39, indicating financial performance of satisfactory or higher; or


(3) the entity considered for a district-authorized charter has not previously operated an open-enrollment charter school in which the charter expired or was revoked or surrendered.


(c) Before entering into a contract as provided by this section, a school district must consult with campus personnel regarding the provisions to be included in the contract between the school district and the open-enrollment charter school. All rights and protections afforded by current employment contracts or agreements may not be affected by the contract entered into between a school district and an open-enrollment charter school under this section.


(d) To operate a district campus as provided by this section, the district campus must be granted a charter under Subchapter C, Chapter 12.


(e) The commissioner shall continue to evaluate and assign overall and domain performance ratings under Section 39.054 to a district campus subject to a contract described by Subsection (a).


(f) This subsection applies only to a district campus subject to a contract described by Subsection (a) that received an overall performance rating of unacceptable under Subchapter C, Chapter 39, for the school year before operation of the district campus under the contract began. The commissioner may not impose a sanction or take action against the campus under Section 39.107(a) or (e) for failure to satisfy academic performance standards during the first two school years of operation of a district campus under Subsection (a). The overall performance rating received by the campus during those first two school years is not included in calculating consecutive school years and is not considered a break in consecutive school years under Section 39.107(a) or (e).


(g) A campus that receives an exemption from a sanction or other action under Subsection (f) may receive another exemption while operating under a subsequent contract only if the campus receives approval for the exemption from the commissioner.


(h) Subject to Subsection (i), a contract entered into by the board of trustees of a school district and the governing body of an open-enrollment charter school for the operation of a district campus as provided by Subsection (a) must include a provision addressing student eligibility for enrollment.


(i) The contract of a campus subject to Subsection (f) must provide that any student residing in the attendance zone of the district campus as the attendance zone existed before operation of the district campus under the contract shall be admitted for enrollment at the campus. The contract must establish enrollment preference for students who do not reside in the attendance zone as follows:


(1) other students residing in the school district in which the campus is located; and


(2) students who reside outside the school district.


(j) An employee of an entity granted a district-authorized charter that enters into a contract under this section to operate a district campus is eligible for membership in and benefits from the Teacher Retirement System of Texas if the employee would be eligible for membership and benefits if holding the same position at the district.


(k) A district proposing to enter into a contract under Subsection (a)(2) shall notify the commissioner of the district's intent to enter into the contract. The commissioner by rule shall establish the procedures for a district to notify the commissioner under this subsection, including the period within which the notification is required before the school year in which the proposed contract would take effect, and for a district and, if necessary, an entity to submit information as required by the commissioner. The commissioner shall notify the district whether the proposed contract is approved not later than the 60th day after the date the commissioner receives notice of the proposed contract and all information required by the commissioner to be submitted. If the commissioner fails to notify the district that the proposed contract has been approved or denied within the period prescribed by this subsection, the proposed contract is considered approved.


(l) Except as expressly provided by this section, the commissioner may not impose additional requirements on an open-enrollment charter school to be eligible for a contract under Subsection (a).


(m) The commissioner shall adopt rules as necessary to administer this section, including requirements for an entity and the contract with the entity, including the standards required for an entity to receive approval under Subsection (a)(2).


(n) This section does not prohibit a contract between a school district and another entity for the provision of services for the campus.


Added by Acts 2017, 85th Leg., R.S., Ch. 953 (S.B. 1882), Sec. 1, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.007, eff. September 1, 2019.


Sec. 11.175. DISTRICT CYBERSECURITY. (a) In this section:


(1) "Breach of system security" means an incident in which student information that is sensitive, protected, or confidential, as provided by state or federal law, is stolen or copied, transmitted, viewed, or used by a person unauthorized to engage in that action.


(2) "Cyber attack" means an attempt to damage, disrupt, or gain unauthorized access to a computer, computer network, or computer system.


(3) "Cybersecurity" means the measures taken to protect a computer, computer network, or computer system against unauthorized use or access.


(b) Each school district shall adopt a cybersecurity policy to:


(1) secure district cyberinfrastructure against cyber attacks and other cybersecurity incidents; and


(2) determine cybersecurity risk and implement mitigation planning.


(c) A school district's cybersecurity policy may not conflict with the information security standards for institutions of higher education adopted by the Department of Information Resources under Chapters 2054 and 2059, Government Code.


(d) The superintendent of each school district shall designate a cybersecurity coordinator to serve as a liaison between the district and the agency in cybersecurity matters.


(e) The district's cybersecurity coordinator shall report to the agency any cyber attack or other cybersecurity incident against the district cyberinfrastructure that constitutes a breach of system security as soon as practicable after the discovery of the attack or incident.


(f) The district's cybersecurity coordinator shall provide notice to a parent of or person standing in parental relation to a student enrolled in the district of an attack or incident for which a report is required under Subsection (e) involving the student's information.


Added by Acts 2019, 86th Leg., R.S., Ch. 605 (S.B. 820), Sec. 1, eff. September 1, 2019.


Sec. 11.178. PROHIBITION AGAINST USE OF SCHOOL DISTRICT RESOURCES FOR HOTEL. (a) In this section, "hotel" means a building in which members of the public obtain sleeping accommodations for consideration. The term includes a motel.


(b) The board of trustees of an independent school district may not impose taxes, issue bonds, use or authorize the use of school district employees, use or authorize the use of school district property, money, or other resources, or acquire property for the design, construction, renovation, or operation of a hotel.


(c) The board of trustees of an independent school district may not enter into a lease, contract, or other agreement that:


(1) obligates the board to engage in an activity prohibited by Subsection (b); or


(2) obligates the use of district employees or resources in a manner prohibited by Subsection (b).


Added by Acts 2011, 82nd Leg., R.S., Ch. 623 (S.B. 764), Sec. 1, eff. June 17, 2011.


Sec. 11.179. SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED DISTRICT FACILITIES. (a) The board of trustees of a school district may adopt a policy allowing the consumption, possession, and sale of an alcoholic beverage at an event held at a performing arts facility owned by the district if:


(1) the facility is leased to a nonprofit organization for an event not sponsored or sanctioned by the district; and


(2) the district is located in a county:


(A) that has a population of not more than 300,000; and


(B) in which a component university of the University of Houston System is located.


(b) A lease agreement entered into as provided by Subsection (a) must require that:


(1) the event be held outside of regular school hours; and


(2) the alcoholic beverages be sold by a person who holds an appropriate retail license or permit under the Alcoholic Beverage Code for the facility.


Added by Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 2, eff. September 1, 2019.


Sec. 11.182. BOARD IMPROVEMENT AND EVALUATION TOOL. (a) The commissioner shall develop a board of trustees improvement and evaluation tool. The evaluation tool must be research-based and designed to assist a school district in improving board oversight and academic achievement.


(b) A board of trustees may determine whether to use the evaluation tool, except as required by Section 39.102(a).


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 6, eff. September 1, 2017.


Sec. 11.184. EFFICIENCY AUDIT. (a) For purposes of this section, "efficiency audit" means an investigation of the operations of a school district to examine fiscal management, efficiency, and utilization of resources.


(b) Except as provided by Subsection (b-1), the board of trustees of a school district shall conduct an efficiency audit before seeking voter approval to adopt a tax rate for the maintenance and operations of the district at an election held for that purpose and may not hold the election without complying with this section.


(b-1) The board of trustees of a school district all or part of which is located in an area declared a disaster area by the governor under Chapter 418, Government Code, may hold an election to seek voter approval to adopt a maintenance and operations tax rate during the two-year period following the date of the declaration without conducting an efficiency audit otherwise required under this section.


(c) A school district must pay for the costs associated with an efficiency audit required under this section.


(d) The board of trustees of a school district must select an auditor to conduct an efficiency audit under this section not later than four months before the date on which the district proposes to hold an election to adopt a maintenance and operations tax rate.


(e) The board of trustees of a school district may select for purposes of Subsection (d) the auditor that conducts the district's annual audit under Section 44.008 and may include the efficiency audit as part of the district's annual audit.


(f) The Legislative Budget Board shall establish guidelines identifying the scope and areas of investigation of an efficiency audit, including identification of resources being used effectively and efficiently and identification of cost savings or reallocations. The Legislative Budget Board may consult with the agency to identify areas in which school districts in this state have a demonstrated history of effectively utilizing resources to improve student achievement and achieve cost savings. The auditor selected by the board of trustees of a school district must follow the guidelines established by the Legislative Budget Board under this subsection.


(g) An auditor selected by the board of trustees of a school district must maintain independence from the district and complete the efficiency audit not later than three months after the date the auditor was selected.


(h) Before an election at which a school district seeks voter approval to adopt a tax rate the board of trustees of the school district must hold an open meeting to discuss the results of the efficiency audit conducted under this section. Not later than 30 days before the date of the election, the results of an efficiency audit conducted under this section must be posted on the school district's Internet website.


(i) A school district shall provide all documents, records, and personnel requested by the auditor as needed to conduct the audit in an efficient manner.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.001, eff. January 1, 2020.


Sec. 11.185. EARLY CHILDHOOD LITERACY AND MATHEMATICS PROFICIENCY PLANS. (a) The board of trustees of each school district shall adopt and post on the district's Internet website early childhood literacy and mathematics proficiency plans that set specific annual goals for the following five school years to reach quantifiable goals for student performance in reading and mathematics at each campus.


(b) Each plan adopted under Subsection (a) must:


(1) identify annual goals for students in each group evaluated under the closing the gaps domain under Section 39.053(c)(3);


(2) include annual goals for aggregate student growth on the third grade reading or mathematics assessment instrument, as applicable, administered under Section 39.023 or on an alternative assessment instrument determined by the board of trustees;


(3) provide for targeted professional development for classroom teachers in kindergarten or first, second, or third grade who are assigned to campuses that the board of trustees identifies as not meeting the plan's goals;


(4) assign at least one district-level administrator or employee of the regional education service center for the district's region to:


(A) coordinate implementation of the plan; and


(B) submit an annual report to the board of trustees on the district's progress toward the goals set under the plan; and


(5) be reviewed annually by the board of trustees at a public meeting.


(c) Each plan adopted under Subsection (a) may set separate goals for students in a bilingual education or special language program under Subchapter B, Chapter 29.


(d) The professional development provided to classroom teachers under Subsection (b)(3) must, as appropriate, consider the unique needs of students in a bilingual education or special language program under Subchapter B, Chapter 29.


(e) A school district shall post the annual report described by Subsection (b)(4)(B) on the district's Internet website and on the Internet website, if any, of each campus in the district.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.003, eff. June 12, 2019.


Sec. 11.186. COLLEGE, CAREER, AND MILITARY READINESS PLANS. (a) The board of trustees of each school district shall adopt college, career, and military readiness plans that set specific annual goals for the following five school years to reach quantifiable goals for measures of student college, career, and military readiness at each campus.


(b) Each plan adopted under Subsection (a) must:


(1) identify annual goals for students in each group evaluated under the closing the gaps domain under Section 39.053(c)(3);


(2) include annual goals for aggregate student growth on college, career, and military readiness indicators evaluated under the student achievement domain under Section 39.053(c)(1);


(3) assign at least one district-level administrator or employee of the regional education service center for the district's region to:


(A) coordinate implementation of the plan; and


(B) submit an annual report to the board of trustees on the district's progress toward the goals set under the plan; and


(4) be reviewed annually by the board of trustees at a public meeting.


(c) A school district shall post the annual report described by Subsection (b)(3)(B) on the district's Internet website and on the Internet website, if any, of each campus in the district.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.003, eff. June 12, 2019.


SUBCHAPTER E. SUPERINTENDENTS AND PRINCIPALS



Sec. 11.201. SUPERINTENDENTS. (a) The superintendent is the educational leader and the chief executive officer of the school district.


(b) The board of trustees of an independent school district may employ by contract a superintendent for a term not to exceed five years.


(c) For purposes of this subsection, "severance payment" means any amount paid by the board of trustees of an independent school district to or in behalf of a superintendent on early termination of the superintendent's contract that exceeds the amount earned by the superintendent under the contract as of the date of termination, including any amount that exceeds the amount of earned standard salary and benefits that is paid as a condition of early termination of the contract. The board of trustees that makes a severance payment to a superintendent shall report the terms of the severance payment to the commissioner. The commissioner shall reduce the district's Foundation School Program funds by any amount that the amount of the severance payment to the superintendent exceeds an amount equal to one year's salary and benefits under the superintendent's terminated contract. The commissioner may adopt rules as necessary to administer this subsection.


(d) The duties of the superintendent include:


(1) assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation of the education programs, services, and facilities of the district and for the annual performance appraisal of the district's staff;


(2) except as provided by Section 11.202, assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the district other than the superintendent;


(3) overseeing compliance with the standards for school facilities established by the commissioner under Section 46.008;


(4) initiating the termination or suspension of an employee or the nonrenewal of an employee's term contract;


(5) managing the day-to-day operations of the district as its administrative manager, including implementing and monitoring plans, procedures, programs, and systems to achieve clearly defined and desired results in major areas of district operations;


(6) preparing and submitting to the board of trustees a proposed budget as provided by Section 44.002 and rules adopted under that section, and administering the budget;


(7) preparing recommendations for policies to be adopted by the board of trustees and overseeing the implementation of adopted policies;


(8) developing or causing to be developed appropriate administrative regulations to implement policies established by the board of trustees;


(9) providing leadership for the attainment and, if necessary, improvement of student performance in the district based on the indicators adopted under Sections 39.053 and 39.301 and other indicators adopted by the commissioner or the district's board of trustees;


(10) organizing the district's central administration;


(11) consulting with the district-level committee as required under Section 11.252(f);


(12) ensuring:


(A) adoption of a student code of conduct as required under Section 37.001 and enforcement of that code of conduct; and


(B) adoption and enforcement of other student disciplinary rules and procedures as necessary;


(13) submitting reports as required by state or federal law, rule, or regulation, and ensuring that a copy of any report required by federal law, rule, or regulation is also delivered to the agency;


(14) providing joint leadership with the board of trustees to ensure that the responsibilities of the board and superintendent team are carried out; and


(15) performing any other duties assigned by action of the board of trustees.


(e) The superintendent of a school district may not receive any financial benefit for personal services performed by the superintendent for any business entity that conducts or solicits business with the district. Any financial benefit received by the superintendent for performing personal services for any other entity, including a school district, open-enrollment charter school, regional education service center, or public or private institution of higher education, must be approved by the board of trustees on a case-by-case basis in an open meeting. For purposes of this subsection, the receipt of reimbursement for a reasonable expense is not considered a financial benefit.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 955, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 90 (H.B. 189), Sec. 1, eff. May 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 6, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 8, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1042 (H.B. 1706), Sec. 2, eff. June 19, 2015.


Sec. 11.202. PRINCIPALS. (a) The principal of a school is the instructional leader of the school and shall be provided with adequate training and personnel assistance to assume that role.


(b) Each principal shall:


(1) except as provided by Subsection (d), approve all teacher and staff appointments for that principal's campus from a pool of applicants selected by the district or of applicants who meet the hiring requirements established by the district, based on criteria developed by the principal after informal consultation with the faculty;


(2) set specific education objectives for the principal's campus, through the planning process under Section 11.253;


(3) develop budgets for the principal's campus;


(4) assume the administrative responsibility and instructional leadership, under the supervision of the superintendent, for discipline at the campus;


(5) assign, evaluate, and promote personnel assigned to the campus;


(6) recommend to the superintendent the termination or suspension of an employee assigned to the campus or the nonrenewal of the term contract of an employee assigned to the campus; and


(7) perform other duties assigned by the superintendent pursuant to the policy of the board of trustees.


(c) The board of trustees of a school district shall adopt a policy for the selection of a campus principal that includes qualifications required for that position.


(d) The superintendent or the person designated by the superintendent has final placement authority for a teacher transferred because of enrollment shifts or program changes in the district.


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


SUBCHAPTER F. DISTRICT-LEVEL AND SITE-BASED DECISION-MAKING



Sec. 11.251. PLANNING AND DECISION-MAKING PROCESS. (a) The board of trustees of each independent school district shall ensure that a district improvement plan and improvement plans for each campus are developed, reviewed, and revised annually for the purpose of improving the performance of all students. The board shall annually approve district and campus performance objectives and shall ensure that the district and campus plans:


(1) are mutually supportive to accomplish the identified objectives; and


(2) at a minimum, support the state goals and objectives under Chapter 4.


(b) The board shall adopt a policy to establish a district- and campus-level planning and decision-making process that will involve the professional staff of the district, parents, and community members in establishing and reviewing the district's and campuses' educational plans, goals, performance objectives, and major classroom instructional programs. The board shall establish a procedure under which meetings are held regularly by district- and campus-level planning and decision-making committees that include representative professional staff, including, if practicable, at least one representative with the primary responsibility for educating students with disabilities, parents of students enrolled in the district, business representatives, and community members. The committees shall include a business representative without regard to whether the representative resides in the district or whether the business the person represents is located in the district. The board, or the board's designee, shall periodically meet with the district-level committee to review the district-level committee's deliberations.


(c) For purposes of establishing the composition of committees under this section:


(1) a person who stands in parental relation to a student is considered a parent;


(2) a parent who is an employee of the school district is not considered a parent representative on the committee;


(3) a parent is not considered a representative of community members on the committee; and


(4) community members must reside in the district and must be at least 18 years of age.


(d) The board shall also ensure that an administrative procedure is provided to clearly define the respective roles and responsibilities of the superintendent, central office staff, principals, teachers, district-level committee members, and campus-level committee members in the areas of planning, budgeting, curriculum, staffing patterns, staff development, and school organization. The board shall ensure that the district-level planning and decision-making committee will be actively involved in establishing the administrative procedure that defines the respective roles and responsibilities pertaining to planning and decision-making at the district and campus levels.


(e) The board shall adopt a procedure, consistent with Section 21.407(a), for the professional staff in the district to nominate and elect the professional staff representatives who shall meet with the board or the board designee as required under this section. At least two-thirds of the elected professional staff representatives must be classroom teachers. The remaining staff representatives shall include both campus- and district-level professional staff members. If practicable, the committee membership shall include at least one professional staff representative with the primary responsibility for educating students with disabilities. Board policy must provide procedures for:


(1) the selection of parents to the district-level and campus-level committees; and


(2) the selection of community members and business representatives to serve on the district-level committee in a manner that provides for appropriate representation of the community's diversity.


(f) The district policy must provide that all pertinent federal planning requirements are addressed through the district- and campus-level planning process.


(g) This section does not:


(1) prohibit the board from conducting meetings with teachers or groups of teachers other than the meetings described by this section;


(2) prohibit the board from establishing policies providing avenues for input from others, including students or paraprofessional staff, in district- or campus-level planning and decision-making;


(3) limit or affect the power of the board to govern the public schools; or


(4) create a new cause of action or require collective bargaining.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 61, Sec. 1, eff. May 16, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 626 (S.B. 778), Sec. 1, eff. September 1, 2011.


Sec. 11.252. DISTRICT-LEVEL PLANNING AND DECISION-MAKING. (a) Each school district shall have a district improvement plan that is developed, evaluated, and revised annually, in accordance with district policy, by the superintendent with the assistance of the district-level committee established under Section 11.251. The purpose of the district improvement plan is to guide district and campus staff in the improvement of student performance for all student groups in order to attain state standards in respect to the achievement indicators adopted under Section 39.053(c). The district improvement plan must include provisions for:


(1) a comprehensive needs assessment addressing district student performance on the achievement indicators, and other appropriate measures of performance, that are disaggregated by all student groups served by the district, including categories of ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs under Subchapter A, Chapter 29;


(2) measurable district performance objectives for all appropriate achievement indicators for all student populations, including students in special education programs under Subchapter A, Chapter 29, and other measures of student performance that may be identified through the comprehensive needs assessment;


(3) strategies for improvement of student performance that include:


(A) instructional methods for addressing the needs of student groups not achieving their full potential;


(B) evidence-based practices that address the needs of students for special programs, including:


(i) suicide prevention programs, in accordance with Subchapter G, Chapter 38, which include a parental or guardian notification procedure;


(ii) conflict resolution programs;


(iii) violence prevention programs; and


(iv) dyslexia treatment programs;


(C) dropout reduction;


(D) integration of technology in instructional and administrative programs;


(E) positive behavior interventions and support, including interventions and support that integrate best practices on grief-informed and trauma-informed care;


(F) staff development for professional staff of the district;


(G) career education to assist students in developing the knowledge, skills, and competencies necessary for a broad range of career opportunities;


(H) accelerated education; and


(I) implementation of a comprehensive school counseling program under Section 33.005;


(4) strategies for providing to elementary school, middle school, junior high school, and high school students, those students' teachers and school counselors, and those students' parents information about:


(A) higher education admissions and financial aid opportunities, including state financial aid opportunities such as the TEXAS grant program and the Teach for Texas grant program established under Chapter 56;


(B) the need for students to make informed curriculum choices to be prepared for success beyond high school; and


(C) sources of information on higher education admissions and financial aid;


(5) resources needed to implement identified strategies;


(6) staff responsible for ensuring the accomplishment of each strategy;


(7) timelines for ongoing monitoring of the implementation of each improvement strategy;


(8) formative evaluation criteria for determining periodically whether strategies are resulting in intended improvement of student performance;


(9) the policy under Section 38.0041 addressing sexual abuse and other maltreatment of children; and


(10) the trauma-informed care policy required under Section 38.036.


(b) A district's plan for the improvement of student performance is not filed with the agency, but the district must make the plan available to the agency on request.


(c) In a district that has only one campus, the district- and campus-level committees may be one committee and the district and campus plans may be one plan.


(d) At least every two years, each district shall evaluate the effectiveness of the district's decision-making and planning policies, procedures, and staff development activities related to district- and campus-level decision-making and planning to ensure that they are effectively structured to positively impact student performance.


(e) The district-level committee established under Section 11.251 shall hold at least one public meeting per year. The required meeting shall be held after receipt of the annual district performance report from the agency for the purpose of discussing the performance of the district and the district performance objectives. District policy and procedures must be established to ensure that systematic communications measures are in place to periodically obtain broad-based community, parent, and staff input and to provide information to those persons regarding the recommendations of the district-level committee. This section does not create a new cause of action or require collective bargaining.


(f) A superintendent shall regularly consult the district-level committee in the planning, operation, supervision, and evaluation of the district educational program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1202, Sec. 2, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1590, Sec. 6, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1261, Sec. 7, eff. June 15, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 10, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1134 (H.B. 1386), Sec. 4, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1323 (S.B. 471), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 9, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.02, eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 2, eff. June 6, 2019.


Sec. 11.253. CAMPUS PLANNING AND SITE-BASED DECISION-MAKING. (a) Each school district shall maintain current policies and procedures to ensure that effective planning and site-based decision-making occur at each campus to direct and support the improvement of student performance for all students.


(b) Each district's policy and procedures shall establish campus-level planning and decision-making committees as provided for through the procedures provided by Sections 11.251(b)-(e).


(c) Each school year, the principal of each school campus, with the assistance of the campus-level committee, shall develop, review, and revise the campus improvement plan for the purpose of improving student performance for all student populations, including students in special education programs under Subchapter A, Chapter 29, with respect to the achievement indicators adopted under Section 39.053(c) and any other appropriate performance measures for special needs populations.


(d) Each campus improvement plan must:


(1) assess the academic achievement for each student in the school using the achievement indicator system as described by Section 39.053;


(2) set the campus performance objectives based on the achievement indicator system, including objectives for special needs populations, including students in special education programs under Subchapter A, Chapter 29;


(3) identify how the campus goals will be met for each student;


(4) determine the resources needed to implement the plan;


(5) identify staff needed to implement the plan;


(6) set timelines for reaching the goals;


(7) measure progress toward the performance objectives periodically to ensure that the plan is resulting in academic improvement;


(8) include goals and methods for violence prevention and intervention on campus;


(9) provide for a program to encourage parental involvement at the campus; and


(10) if the campus is an elementary, middle, or junior high school, set goals and objectives for the coordinated health program at the campus based on:


(A) student fitness assessment data, including any data from research-based assessments such as the school health index assessment and planning tool created by the federal Centers for Disease Control and Prevention;


(B) student academic performance data;


(C) student attendance rates;


(D) the percentage of students who are educationally disadvantaged;


(E) the use and success of any method to ensure that students participate in moderate to vigorous physical activity as required by Section 28.002(l); and


(F) any other indicator recommended by the local school health advisory council.


(e) In accordance with the administrative procedures established under Section 11.251(b), the campus-level committee shall be involved in decisions in the areas of planning, budgeting, curriculum, staffing patterns, staff development, and school organization. The campus-level committee must approve the portions of the campus plan addressing campus staff development needs.


(f) This section does not create a new cause of action or require collective bargaining.


(g) Each campus-level committee shall hold at least one public meeting per year. The required meeting shall be held after receipt of the annual campus rating from the agency to discuss the performance of the campus and the campus performance objectives. District policy and campus procedures must be established to ensure that systematic communications measures are in place to periodically obtain broad-based community, parent, and staff input, and to provide information to those persons regarding the recommendations of the campus-level committees.


(h) A principal shall regularly consult the campus-level committee in the planning, operation, supervision, and evaluation of the campus educational program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 510, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1202, Sec. 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1365, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.003, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 500 (S.B. 892), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 11, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 10, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 2, eff. June 15, 2017.


Sec. 11.254. STATE RESPONSIBILITIES FOR THE PLANNING AND DECISION-MAKING PROCESS. (a) The commissioner shall oversee the provision of training and technical support to all districts and campuses in respect to planning and site-based decision-making through one or more sources, including regional education service centers, for school board trustees, superintendents, principals, teachers, parents, and other members of school committees.


(b) The agency shall conduct an annual statewide survey of the types of district- and campus-level decision-making and planning structures that exist, the extent of involvement of various stakeholders in district- and campus-level planning and decision-making, and the perceptions of those persons of the quality and effectiveness of decisions related to their impact on student performance.


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


Sec. 11.255. DROPOUT PREVENTION REVIEW. (a) Each district-level planning and decision-making committee and each campus-level planning and decision-making committee for a junior, middle, or high school campus shall analyze information related to dropout prevention, including:


(1) the results of the audit of dropout records required by Section 39.308;


(2) campus information related to graduation rates, dropout rates, high school equivalency certificate rates, and the percentage of students who remain in high school more than four years after entering grade level 9;


(3) the number of students who enter a high school equivalency certificate program and:


(A) do not complete the program;


(B) complete the program but do not take the high school equivalency examination; or


(C) complete the program and take the high school equivalency examination but do not obtain a high school equivalency certificate;


(4) for students enrolled in grade levels 9 and 10, information related to academic credit hours earned, retention rates, and placements in alternative education programs and expulsions under Chapter 37; and


(5) the results of an evaluation of each school-based dropout prevention program in the district.


(b) Each district-level planning and decision-making committee and each campus-level planning and decision-making committee shall use the information reviewed under this section in developing district or campus improvement plans under this subchapter.


Added by Acts 2003, 78th Leg., ch. 1201, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 12, eff. June 19, 2009.


SUBCHAPTER G. LAW APPLICABLE TO CERTAIN SCHOOL DISTRICTS AND COUNTY SYSTEMS



Sec. 11.301. APPLICATION OF FORMER LAW. (a) A school district or county system operating under former Chapter 17, 18, 22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate under the applicable chapter as that chapter existed on that date and under state law generally applicable to school districts that does not conflict with that chapter.


(b) A school district operating under former Chapter 22 may incorporate and become an independent school district in the manner provided by former Subchapter F, Chapter 19, as that subchapter existed on May 1, 1995.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 304, Sec. 2, eff. Sept. 1, 2003.


Sec. 11.302. PUBLIC INFORMATION. The governing body of a school district or county system to which Section 11.301 applies shall make available to the public for inspection and copying during regular operating hours a copy of the provisions under which the district or county system operates that are specific to that type of district or county system.


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


Sec. 11.303. MUNICIPAL SCHOOL DISTRICTS. (a) Except as otherwise provided by this section, a school district operating under former Chapter 24 may continue to operate under that chapter as it existed on May 1, 1995, and under state law generally applicable to school districts that does not conflict with that chapter.


(b) The governing body of the municipality may participate in annual hearings or work sessions held by the board of trustees of the municipal school district on the budget and ad valorem tax rate for the coming year.


(c) The board of trustees of a municipal school district and the governing body of the municipality shall jointly hold any hearing required by law as a condition for the adoption of an annual budget and imposition of an ad valorem tax.


(d) Neither an annual budget for a municipal school district nor an ad valorem tax to be imposed for the district may be adopted without the affirmative vote of:


(1) a majority of the members of the board of trustees of the municipal school district present and voting; and


(2) at least three-quarters of the total of the voting members of the board of trustees and the governing body of the municipality that are present and voting.


(e) If a quorum of the members of the governing body of the municipality is not present at a meeting required under Subsection (c), the board of trustees may adopt a budget or an ad valorem tax rate without regard to the requirements of Subsection (d).


(f) Notwithstanding former Section 24.06(c), as it existed on May 1, 1995, the governing body of the municipality shall adopt an ordinance providing for the levy and assessment of the tax approved pursuant to Subsection (d) or (e).


(g) After adopting an ordinance levying a tax for the municipal school district, the governing body of the municipality shall provide a certified copy of the ordinance to the district's board of trustees.


(h) This section may not be construed as authorizing the governing body of a municipality to levy a tax for the support of schools of a municipal school district without fully complying with all applicable provisions of the Tax Code.


Added by Acts 2003, 78th Leg., ch. 304, Sec. 1, eff. Sept. 1, 2003.


Sec. 11.304. WRITE-IN VOTING: COMMON SCHOOL DISTRICT BOARD ELECTION. The procedures for write-in voting prescribed for an election for trustees of an independent school district under Section 11.056 apply to an election for trustees of a common school district operating under former Chapter 22 as that chapter existed on May 1, 1995.


Added by Acts 2007, 80th Leg., R.S., Ch. 283 (H.B. 606), Sec. 1, eff. June 15, 2007.


SUBCHAPTER H. SPECIAL-PURPOSE SCHOOL DISTRICTS



Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL DISTRICT. (a) On the recommendation of the commissioner and after consulting with the school districts involved and obtaining the approval of a majority of those districts in each affected county in which a proposed school district is located, the State Board of Education may establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts. The board may impose duties or limitations on the school district as necessary for the special purpose of the district. The board shall exercise the powers as provided by this section relating to the districts established under this section.


(b) The State Board of Education shall grant to the districts the right to share in the available school fund apportionment and other privileges as are granted to independent and common school districts.


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


Sec. 11.352. GOVERNANCE OF SPECIAL-PURPOSE DISTRICT. (a) The State Board of Education shall appoint for each district established under Section 11.351 a board of three, five, or seven trustees, as determined by the State Board of Education. A trustee is not required to be a resident of the district.


(b) For each military reservation school district, the State Board of Education may appoint a board of three or five trustees. Enlisted military personnel and military officers may be appointed to the school board. A majority of the trustees appointed for the district must be civilians and all may be civilians. The trustees shall be selected from a list of persons who are qualified to serve as members of a school district board of trustees under Section 11.061 and who live or are employed on the military reservation. The list shall be furnished to the board by the commanding officer of the military reservation. The trustees appointed serve terms of two years.


(c) The State Board of Education may adopt rules for the governance of a special-purpose district. In the absence of a rule adopted under this subsection, the laws applicable to independent school districts apply to a special-purpose district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 3, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 676 (S.B. 144), Sec. 1, eff. June 17, 2005.


Sec. 11.353. ADMISSION AND ATTENDANCE. A child is eligible to attend school in a military reservation school district if the child is eligible under Section 25.001 and is the child of an officer, soldier, or civilian employee residing or employed on the reservation. The board of trustees may transfer any child who cannot be provided for by the district of the child's residence to any school district maintaining adequate facilities and standards for elementary, junior, or senior high schools, as applicable.


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


Sec. 11.354. ABOLITION OF SPECIAL-PURPOSE DISTRICT. On the written request signed by a majority of the board of trustees of a military reservation school district, the State Board of Education may abolish the district. The State Board of Education shall give written notice to the board of trustees requesting abolition. The territory of the abolished district and property of the district shall be disposed of as provided by Section 13.205.


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


Sec. 11.355. ANNEXATION OF ADDITIONAL TERRITORY BY CERTAIN SPECIAL-PURPOSE DISTRICTS. (a) Any military reservation territory that is subject to the same post or base command as a military reservation used to house dependents of military and civilian personnel and that wholly contains an independent school district, whether or not the reservations are contiguous, may be annexed to that reservation independent school district by the State Board of Education on petition of that post or base commander.


(b) If a military reservation territory has been annexed to an independent school district of the same post or base command under Subsection (a) and the territory is no longer used to house dependents of military and civilian personnel, the State Board of Education, on petition of the post or base command, or on petition of a majority of the trustees of the school district from which the territory was originally detached, may detach the territory from the military reservation constituting an independent school district and annex it to the school district from which it was originally detached.


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


Sec. 11.356. SUPPORT OF STUDENTS ENROLLED IN SPECIAL-PURPOSE SCHOOL DISTRICTS. The independent or common school district that is responsible for providing education services to a student who is enrolled in a special-purpose school district established under Section 11.351 shall share the cost of the student's education in the manner provided under Section 30.003 for students enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf unless the State Board of Education finds that the student's education in a particular special-purpose school or school district is not the responsibility of the independent or common school district.


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

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EDUCATION CODE CHAPTER 11. SCHOOL DISTRICTS

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE CHAPTER 11. SCHOOL DISTRICTS SUBCHAPTER A. GENERAL PROVISIONS Sec. 11.001. ACCREDITATION. Each school district must be accredited by the agency as provided by Subchapter C, Chapter 39. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff.

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S. 2661 — 116th Congress: National Suicide Hotline Designation Act of 2020

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S. 2661 — 116th Congress: National Suicide Hotline Designation Act of 2020

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Shown Here:
Public Law No: 116-172 (10/17/2020)
National Suicide Hotline Designation Act of 20 20
This bill requires the Federal Communications Commission (FCC) to designate 9-8-8 as the universal telephone number for a national suicide prevention and mental health crisis hotline.

A state may impose and collect a fee for providing 9-8-8 related services. However, this fee must be held in a designated account to be spent only in support of 9-8-8 services, and the FCC must submit an annual report on state administration of these fees.

The Department of Health and Human Services (HHS) and the Department of Veterans Affairs must jointly report on how to make the use of 9-8-8 operational and effective across the country, and HHS must develop a strategy to provide access to competent, specialized services for high-risk populations such as lesbian, gay, bisexual, transgender, and queer (LGBTQ) youth; minorities; and rural individuals.

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S.2661 - 116th Congress (2019-2020): National Suicide Hotline Designation Act of 2020

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National Suicide Hotline Designation Act of 20 20 This bill requires the Federal Communications Commission (FCC) to designate 9-8-8 as the universal telephone number for a national suicide prevention and mental health crisis hotline. A state may impose and collect a fee for providing 9-8-8 related services.

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Counselor- Iris Miner
School- Young Women's Leadership  Academy

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Suicide Prevention, Information, and Awareness. (2020, October 01). Retrieved November, 2020, from https://save.org/

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SAVE: Suicide Prevention, Information, and Awareness

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Learn about suicide prevention through Suicide Awareness Voices of Education (SAVE), a nonprofit resource for those affected by suicide.

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This association SAVE: Suicide Awareness Voices in Education is full of useful resources. In the website you can find endless amounts of information. This association strives to educate you on suicide and how to prevent it. There are many downloadable PDF's that can be used to train staff about suicide. The association is also diverse it contains resources about elderly depression, LGBTQ youth depressions, grief after suicide, and much more.

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Brody, J. (2019, December 02). The Crisis in Youth Suicide. Retrieved November, 2020, from https://www.nytimes.com/2019/12/02/well/mind/the-crisis-in-youth-suicide.html

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Too often, suicide attempts and deaths by suicide, especially among the young, become family secrets that are not investigated and dealt with in ways that might protect others from a similar fate.

Credit... Gracia Lam

The death of a child is most parents' worst nightmare, one made even worse when it is self-inflicted. This very tragedy has become increasingly common among young people in recent years. And adults - parents, teachers, clinicians and politicians - should be asking why and what they can do to prevent it.

In October, the Centers for Disease Control and Prevention reported that after a stable period from 2000 to 2007, the rate of suicide among those aged 10 to 24 increased dramatically - by 56 percent - between 2007 and 2017, making suicide the second leading cause of death in this age group, following accidents like car crashes.

"We're in the middle of a full-blown mental health crisis for adolescents and young adults," said Jean M. Twenge, research psychologist at San Diego State University and author of the book "iGen," about mental health trends among those born since 1995. "The evidence is strong and consistent both for symptoms and behavior."

Along with suicides, since 2011, there's been nearly a 400 percent increase nationally in suicide attempts by self-poisoning among young people. "Suicide attempts by the young have quadrupled over six years, and that is likely an undercount," said Henry A. Spiller, director of the Central Ohio Poison Center, who called the trend "devastating." "These are just the ones that show up in the E.R."

Had any other fatal or potentially fatal condition leapfrogged like this, the resulting alarm would surely have initiated a frantic search for its cause and cure. But too often suicide attempts and deaths by suicide, especially among the young, become family secrets that are not investigated and dealt with in ways that might protect others from a similar fate.

"We're at a point now where this issue really can't be ignored," said John P. Ackerman, clinical psychologist and coordinator of suicide prevention at Nationwide Children's Hospital in Columbus, Ohio. "We invest heavily in crisis care, which is the most expensive and least effective means of preventing suicide."

He proposed instead that more time and money be spent "on identifying kids who are most vulnerable, helping them respond effectively to stress, and teaching them what they can do in a crisis. And we need to start early, in the elementary grades. We haven't even begun to use the resources that we know work. We have to be proactive."

In Ohio, he said, "about 40,000 students have been screened for depression and suicide risk, and hundreds of kids have been linked to services. It's not putting ideas in their heads to ask directly whether they've had thoughts of suicide or dying. That doesn't increase their risk. Rather, it's relieving. You actually reduce the risk if you help kids talk through these difficult feelings."

Although no one can say with certainty why suicide has become such a crisis among the young, experts cite several factors that parents, schools and others might be able to modify or control. Dr. Spiller, for example, attributes the rise in suicide attempts largely to the effects of social media and how teens and young adults communicate with their peers.

"Kids now never disconnect," he said. "They're connected 24/7. They go to bed with their smartphones. It may be cyberbullying. It may be envy. Maybe many things are going on here."

One thing the research didn't find was a link of teen suicides to the opioid crisis. Instead, in school-age adolescents, it found a rise in suicide attempts during school months - September until December, then again January through May - that doesn't happen in adults.

The rise in attempted and completed suicides by young people correlates directly with their access to smartphones, Dr. Twenge said. "Developmentally, these ages have always been difficult, but that's been taken to the next level by smartphones, social media and the constant pressure to be online."

"Eighty-five percent of teens are looking at social media," she said. "There's less face-to-face time spent with friends. It's now the norm to sit home Saturday night on Instagram. Who's popular and who's not is now quantifiable by how many people are following you. Kids are spending as much as eight hours a day on social media, where there's a lot of negativity, competition and jockeying for status and unfiltered access to sites that tell them how to harm themselves."

Dr. Ackerman, who noted that "young brains are less adept at dealing with complex situations," likewise believes social media plays an important role in the suicide crisis among the young. But he sees the problem more broadly and said there is a need for schools to help counter it. Staff can be trained and screening done within schools, he said.

"Ultimately it's a combination of economic, social and technological factors that come together along with family and school issues, and kids are less equipped to tackle these problems," he said.

Sleep, or rather, not enough of it, is another issue undermining the resilience of today's teens.

Several studies have found a link between "problematic internet and social media use and sleep disturbance among youth," and that "these associations contribute to depressive symptoms in this group," Dr. Twenge and co-authors reported in the Journal of Abnormal Psychology.

"Two surveys have shown that teens are not sleeping enough, and having a smartphone in the bedroom results in less sleep and poorer quality sleep," she said. "It's too tempting to stay up late looking at the phone, and the blue light it emits keeps the brain thinking it's daytime. Almost everything done on devices is psychologically stimulating. The brain can't slow down and relax."

Her advice: "Avoid looking at devices within an hour of bedtime, and buy an alarm clock. It's not the technology itself that's the problem - it's how we use it. We have to use it more mindfully."

She urges parents to set reasonable limits about kids' use of technology. Setting such limits is "not only good for kids, but they appreciate it in the long run," she said. She noted that modern smartphones have parental control systems built in and parents can set kids' phones to shut down at 9 p.m.

Experts also urge parents to check in with their teenage children regularly, asking how they're feeling and whether they ever think about dying. "As early as elementary school, children can have responsible conversations about suicide," Dr. Ackerman said. "We need to prepare young people to talk about their emotions early in life."

He and others also emphasized the importance of controlling access to possible means of suicide, which they note is most often an impulsive act. Youngsters should never have uncontrolled access to guns, drugs or other substances that can result in a fatal overdose.
If you are having thoughts of suicide, call the National Suicide Prevention Lifeline at 1-800-273-8255 (TALK). You can find a list of additional resources at SpeakingOfSuicide.com/resources.

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The Crisis in Youth Suicide (Published 2019)

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Too often, suicide attempts and deaths by suicide, especially among the young, become family secrets that are not investigated and dealt with in ways that might protect others from a similar fate. The death of a child is most parents' worst nightmare, one made even worse when it is self-inflicted.

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The Pandemic Has Researchers Worried About Teen Suicide

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The Pandemic Has Researchers Worried About Teen Suicide

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Kamenetz, A. (2020, September 10). The Pandemic Has Researchers Worried About Teen Suicide. Retrieved November, 2020, from https://www.npr.org/2020/09/10/911117577/the-pandemic-has-researchers-worried-about-teen-suicide

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Teen and youth anxiety and depression are getting worse since COVID lockdowns began in March, early studies suggest, and many experts say they fear a corresponding increase in youth suicide.

At the end of June, the Centers for Disease Control and Prevention surveyed Americans on their mental health. They found symptoms of anxiety and depression were up sharply across the board between March and June, compared with the same time the previous year. And young people seemed to be the hardest-hit of any group.

Almost 11 percent of all respondents to that survey said they had "seriously considered" suicide in the past 30 days. For those ages 18 to 24, the number was 1 in 4 - more than twice as high.

Data collection for several studies on teen mental health during the pandemic is currently underway. And experts worry those studies will show a spike in suicide, because young people are increasingly cut off from peers and caring adults, because their futures are uncertain and because they are spending more time at home, where they are most likely to have access to lethal weapons.

"Teenagers are in a developmental space where it is critically important that they have regular contact with their peers and are able to develop close and ongoing relationships with adults outside the home, such as their teachers, their coaches, their advisers," says Lisa Damour, an adolescent psychologist who is a columnist and host of the podcast Ask Lisa: The Psychology of Parenting. "And I worry very much about what it means for that to be disrupted by the pandemic."

The stressors of COVID come as youth suicide was already at a record high before the pandemic, with increases every year since 2007. Suicide is the second leading cause of death among people ages 10-24, after accidents, as it has been for many years, according to the most recent data available from the CDC.

Not having guns in the home, or keeping them safely locked away, is another overlooked factor in suicide risk. A new analysis of the latest CDC data, just released by the advocacy group Everytown for Gun Safety, found that the rate of specifically firearm suicides increased 51% for 15-24 year olds in the decade ending in 2018. Among 10- to 14-year-olds, who have a lower rate of suicide to begin with, suicide by gun increased a staggering 214% in that time frame.

Gun suicide is astonishingly lethal: Of all suicide attempts not involving guns, 94% fail, and most of those people do not try again, Everytown reports. Of all suicide attempts that do involve guns, 90% succeed. That's one reason that gun ownership correlates with the youth suicide rate, state by state. A study last year found that for each 10 percent increase in household gun ownership in a state, the suicide rate for 10- to 19-year-olds increases by more than 25 percent.

And, the presence of guns is another community risk factor that has increased during the pandemic: From March to July 2020, Everytown reports, gun sales doubled compared with the year before.

Carrson Everett, 17, says when he himself attempted suicide, the fact that his parents kept their guns safely locked away and out of reach most likely helped save his life. He says that during the pandemic, "Teenagers are already having the effect of isolation, staying at home and everything. And now there's all these new firearms in their homes and, you know, we can't tell who's safely storing their guns and who isn't. And it's very dangerous."

Everett has started his senior year of high school in Kingsport, Tenn., on a hybrid schedule. On the days that he's home, he says he wonders what he's missing out on at school. "Everyone feels isolated, and it's been very tough for everybody."

He says these past few months have been especially hard for him because he has depression and anxiety. Plus, he says he's been bullied for years for being gay, including over video chat during distance learning.

Everett is a volunteer for Students Demand Action, an anti-gun violence group that is part of Everytown. He said he's learned that gun violence isn't just a matter of crime or mass shootings, but also suicide. "I wrote an op-ed about a kid that was my age over in Cookeville, Tennessee, that had taken his own life with a firearm because he had been outed [as gay] at school. So, you know, it's very relatable for me."

Damour, the teen psychologist, explains that not having guns in the home, or keeping them safely locked away, is important especially for adolescents because "teens are impulsive."
What parents can do
She says parents need to know that suicide is preventable. A red flag is when sadness is more than a passing mood. Caregivers need to check in regularly - which can be unexpectedly complicated when the whole family is spending so much time at home.

A common pattern, she notes, is parents trying to work during the day, and teenagers staying up late at night to have time to themselves. This isn't inherently a problem, Damour says, but "there's a difference between allowing privacy and allowing a teenager to hole up in their room for days at a time."

If a teen talks about harming themselves or wanting to disappear, a parent should ask directly, "Is that something you think you might really do or you think about doing? Or are you just letting me know that you're very upset right now?" And, she adds, hear them out without dismissing what they're saying.

She also says parents should look out for anger: "In teenagers, uniquely, depression can take the form of irritability. That depression in teenagers sometimes looks like a prickly porcupine. Everybody rubs them the wrong way. And that is easy to miss because sometimes we'll just dismiss that as being a snarky teenager."

If school is all-virtual, she says, parents should look for safe sports, work or volunteer opportunities that allow teens to have social time and contact with other caring adults.

Finally, Damour says she sees one bright spot: During the pandemic, she and other clinicians are finding that telemedicine - therapy over video chat - is working surprisingly well with adolescents.

"The teenagers that I see are often talking to me from their bedrooms, sometimes flopped over in their beds," she says. "There's something unguarded about it that's very different than having them sit in my office."

And, virtual therapy can lower barriers to access for families who might have had to travel to get accessible mental health care.
If you or someone you know is having suicidal thoughts, reach out for help. The National Suicide Prevention Lifeline is open 24 hours a day at 800-273-8255.

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The Pandemic Has Researchers Worried About Teen Suicide

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Teen and youth anxiety and depression are getting worse since COVID lockdowns began in March, early studies suggest, and many experts say they fear a corresponding increase in youth suicide. At the end of June, the Centers for Disease Control and Prevention surveyed Americans on their mental health.

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Midland ISD Board Policy Manual. (n.d.). Retrieved November, 2020, from https://pol.tasb.org/Home/Index/886

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Search for policies by key word(s) or use Advanced Search for more specific results. Use Go To Policy Code to look up a specific policy. Browse Sections to view the table of contents for each section of the manual. Use the Topic Index to find important terms. Read the introduction to learn how the policy manual is organized.

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American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/docs/default-source/default-document-library/2014-code-of-ethics-finaladdress.pdf

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As an elementary teacher I believe that this topic is very important and must be talked about more. In the elementary level we do not hear much about suicide prevention compared to the secondary schools. Through the research and laws implemented about suicide it states that educating our students at an early age about their emotions is a good prevention tool.

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As an elementary teacher I believe that this topic is very important and must be talked about more. In the elementary level we do not hear much about suicide prevention compared to the secondary schools. Through the research and laws implemented about suicide it states that educating our students at an early age about their emotions is a good prevention tool.

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-Talk to students about their emotions
-Do not be afraid to ask students if they have thought about suicide
-Share statics and inform yourself about the data
-Educate students about social media and its dangers
-Encourage students to engage in social interaction versus being on technology
-Stop and listen to students when they want to share