2018-2019 discipline data reporting changes (hb 674 and hb 1935) Simple Solution. Brighter Futures. 2018-2019 discipline data reporting changes (hb 674 and hb 1935) April 2018 Presented by: Melissa Lemons

CONTENTS Out-of-School Suspensions (HB 674) DISCIPLINARY-ACTION-REASON-CODE (C165)

Out-of-School Suspensions (HB 674) HB 674, passed during the 85th Legislative session (2017), amends Texas Education Code TEC 37.005 to limit the conditions under which a student below grade three may be placed in an out-of-school suspension (OSS).

Out-of-School Suspensions (HB 674) 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: Conduct that contains the elements of an offense related to weapons under Section 46.02 or 46.05 Penal Code; Conduct that contains the elements of a violent offense under Section 22.01, 22.011, 22.02, or 22.021 Penal Code; Selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of: Marihuana or controlled substance, A dangerous drug, or An alcoholic beverage.

Rule Text / Business Meaning Out-of-School Suspensions (HB 674) This rule displays an error when a school reports an out-of-school suspension for a prohibited reason. Rule Applies To Rule # Rule Text / Business Meaning Error Level TSDS PEIMS Sub ESC District Campus Charter 44425-0072 (new) If this student’s GRADE-LEVEL-CODE is “EE”, “PK”, “KG”, “01”, or “02”, and DISCIPLINARY-ACTION-CODE is “05” or “25”, then DISCIPLINARY-ACTION-REASON-CODE must be "04", "05", "11", "12", "13", "14", "27", "28”, "29", “30”, "31", or “32”. S 3 X A student under TX-GradeLevel “03” may not receive an out-of-school suspension (TX-DisciplinaryActionCode “05” or “25”), unless they are being disciplined for one of the following TX-DisciplinaryActionReasons: "04", "05", "11", "12", "13", "14", "27", "28”, "29", “30”, "31", or “32”.

Out-of-School Suspensions (HB 674) IF a student is below grade three and they are assigned Out-Of-School Suspension (C164 – DISCIPLINARY-ACTION-CODE 05) or Partial Day Out-Of-School Suspension (C164 – DISCIPLINARY-ACTION-CODE 25) then the reason (C165 DISCIPLINARY- ACTION-REASON-CODE) for the assignment must be one of the following: 04 - Possessed, Sold, Used, Or Was Under The Influence Of Marihuana Or Other Controlled Substance – TEC §§ 37.006(a)(2)(C) and 37.007(b) 05 - Possessed, Sold, Used, Or Was Under The Influence Of An Alcoholic Beverage – TEC §§37.006(a)(2)(D) and 37.007(b) 11 – Brought a Firearm to School - TEC 37.007(e) or Unlawful Carrying of a Handgun under Penal Code 46.02 - TEC 37.007(a)(1) 12 – Unlawful Carrying of a Location-Restricted Knife under Penal Code 46.02 - TEC 37.007(a)(1) (Location-Restricted Knife - blade longer than 5.5 inches) 13 – Unlawful Carrying of a Club under Penal Code 46.02 - TEC 37.007(a)(1) 14 –Conduct Containing the Elements of an Offense Relating to Prohibited Weapons Under Penal Code 46.05 - TEC 37.007(a)(1)

Out-of-School Suspensions (HB 674) cont’d 27 - Assault Under Penal Code §22.01(a)(1) Against a school district employee or volunteer – TEC §37.007(b)(2)(c) 28 – Assault Under Penal Code §22.01(a)(1) Against someone other than a school district employee or volunteer – TEC §37.006(a)(2)(B) 29- Aggravated Assault Under Penal Code §22.02 Against a school district employee or volunteer – TEC §37.007(d) 30 – Aggravated Assault Under Penal Code §22.02 Against someone other than a school district employee or volunteer – TEC §37.007 (a)(2)(A) 31 – Sexual Assault Under Penal Code §22.011 Or Aggravated Sexual Assault Under Penal Code §22.021 Against a school district employee or volunteer – TEC §37.007(d) 32 - Sexual Assault Under Penal Code §22.011 Or Aggravated Sexual Assault Under Penal Code §22.021 Against someone other than a school district employee or volunteer – TEC §37.007(a)(2)(A)

Out-of-School Suspensions (HB 674) Appendix E / 8.E – Additional PEIMS Information Related to Discipline Data Reporting Appendix E has been updated to include additional guidance regarding suspensions of students below grade three. What is the minimum grade for suspending a student with an out-of-school suspension? If a student is enrolled in a grade level below grade three, he/she may not be placed in out-of-school suspension unless the student engages in one of the following actions: Offense related to weapons Offense under 22.1, 22.1, 22.02, or 22.021 Penal code Offense related to drugs

Out-of-School Suspensions (HB 674) cont’d What is the statutory alternative to suspending a student below grade three with an out-of-school-suspension? Development of a program that provides a disciplinary alternative for students enrolled in a grade level below grade three. The program must be: be age-appropriate and research-based; provide models for positive behavior; promote a positive school environment; 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 provide behavior management strategies, including: positive behavioral intervention and support; trauma-informed practices; social and emotional learning; a referral for services, as necessary; and restorative practices.

CONTENTS Out-of-School Suspensions (HB 674) DISCIPLINARY-ACTION-REASON-CODE (C165)

C165 DISCIPLINARY-ACTION-REASON-CODE House Bill 1935 (85th Legislative Session), updated language in the Texas Family Code 52.031 and the Texas Penal Code 46.01, 46.02, 46.03, 46.06, and 46.15 regarding the term “illegal knife”. “Illegal knife” has been replaced by “location-restricted knife”.

DISCIPLINARY-ACTION-REASON-CODE C165 DISCIPLINARY-ACTION-REASON-CODE Code 12 was updated to read “Location-Restricted Knife” instead of “Illegal Knife” Code Table ID Name XML Name Date Issued Updated C165 DISCIPLINARY-ACTION-REASON-CODE TX-DisciplinaryActionReasonType 3/2/1998 12/1/2017 Translation 12 Unlawful Carrying of a Location-Restricted Knife under Penal Code 46.02 - TEC 37.007(a)(1) (Location-Restricted Knife - blade longer than 5.5 inches)

C165 DISCIPLINARY-ACTION-REASON-CODE Appendix E / 8.E – Additional PEIMS Information Related to Discipline Data Reporting Appendix E has been updated to include the new language of “location-restricted knife”.

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