PEIMS FALL CONFERENCE Truancy/Discipline Update

SB 97 Electronic Cigarettes Prohibits the possession, purchase, consumption or acceptance of e-cigarettes by an individual under the age of 18. The board of trustees of a school district or open- enrollment charter school is required to prohibit possessing, smoking, or using e-cigarettes at a school- related or school-sanctioned activity on or off school property and must ensure that school personnel enforce the policies on school property. A school district must publish in the student handbook and post on the district’s Internet website whether the district has adopted and enforces policies and procedures that prescribe penalties for use of e-cigarettes.

SB 107 Weapons The ability of a school district to define a knife with a blade length of 5.5 inches or less as a “locally defined illegal knife” in the student code of conduct and expel a student for the possession, use, or exhibition of a “locally defined illegal knife” is revoked by SB 107. The possession, use, or exhibition of a knife with a blade length of 5.5 inches or less is to be handled as local code of conduct violation unless the use of the knife results in another violation covered by TEC Chapter 37 (e.g , ).

SB 107 Campus Behavior Coordinator The bill requires a person at each campus to be designated as the campus behavior coordinator (CBC). It may be the principal or any other campus administrator selected by the principal. The CBC will be the primary individual responsible for maintaining student discipline and implementing any duties assigned by law and as established by campus or district policy, including addressing issues related to removing a student from class.

SB 107 Campus Behavior Coordinator The CBC is required to: Promptly contact a parent or guardian of a student who is placed into ISS or OSS, DAEP, expelled, or placed in a JJAEP, or is taken into custody by law enforcement by telephone, in person, or making a good faith effort to provide written notice to the parent/guardian on the day the action is taken. If contact with a parent or guardian has not been made by telephone or in person by 5 p.m. of the first business day after the day the disciplinary action was taken, the CBC must mail written notice of the action taken to the parent or guardian. If the CBC is unavailable or unable to provide the required notice, the principal or designee is required to provide the notice.

SB 107Campus Behavior Coordinator A teacher referral of a student out of the classroom for misconduct shall be made to the CBC. The CBC shall respond with the appropriate discipline management techniques intended to improve the student’s behavior before returning the student to the teacher’s classroom. The CBC must use alternative discipline management techniques, including available progressive interventions, if the student’s behavior does not improve.

SB 107 Campus Behavior Coordinator The CBC or other appropriate administrator must schedule the conference hearing with the parents and teacher of a student who is removed from class by the teacher.

SB 107 Campus Behavior Coordinator Sec 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.

SB 107 Campus Behavior Coordinator The CBC (or in the case of expulsion and when expulsion is heard before the Board, the Board of Trustees) is required to consider the mitigating factors of: self defense, student’s intent to engage in the conduct, disciplinary history, and whether a disability of the student impairs the student’s capacity to appreciate the wrongfulness of the conduct, prior to ordering suspension, expulsion, or removal to DAEP or JJAEP.

SB 107 Campus Behavior Coordinator Unless Board Policy provides otherwise, the CBC’s decision for placement of the student, other than expulsion, is final and may not be appealed. The bill removed the district’s ability to extend the period of placement beyond a year, if extended placement is in the best interest of the student, but maintains if the student is a threat to the safety of other students or district employees.

SB 108 Definition of a Child Section (1) Criminal Procedure defines a child as a student and at least 10 years of age and younger than 18 years of age. Section (a) adds law enforcement officer and school resource officer to the list of who may not issue a citation to a child who is alleged to have committed a school offense. Section adds section (c) which states that a complaint may include a recommendation by a school employee that the child attend a teen court program, if the employee believes it is in the best interest of the child.

HB 2398 Truancy This bill repeals the criminal offense of failing to attend school and removes the failure to attend school as a basis for a finding by a juvenile court of a child in need of supervision. The bill establishes a civil penalty for failing to attend school. The offense of parent contributing to nonattendance remains a Class C misdemeanor. Under §25.085, compulsory attendance still applies.

Resources: TASB Legal Services Snapshot Truancy Guide for the School Year

Resources

Walsh Gallegos Trevino Russo & Kyle P.C. Legislative Briefing Book TEA Letter to the Administrator Addressed, August 25, 2015 TEA Letter to the Administrator Addressed, August 11, 2015 Chapter 37 Texas Education Code

Contact Information Peggy DeMoss Chapter 37 Update (HB 1952) for Administrators Tentatively November 3