1. 2018-2019 discipline data reporting changes (hb 674 and hb 1935)
Simple Solution. Brighter Futures.
discipline data reporting changes (hb 674 and hb 1935)
April 2018
Presented by: Melissa Lemons

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

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

4. 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 or Penal Code;
Conduct that contains the elements of a violent offense under Section , , 22.02, or 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.

5. 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
(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”.

6. 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 §§ (a)(2)(C) and (b)
05 - Possessed, Sold, Used, Or Was Under The Influence Of An Alcoholic Beverage – TEC §§37.006(a)(2)(D) and (b)
11 – Brought a Firearm to School - TEC (e) or Unlawful Carrying of a Handgun under Penal Code TEC (a)(1)
12 – Unlawful Carrying of a Location-Restricted Knife under Penal Code TEC (a)(1) (Location-Restricted Knife - blade longer than 5.5 inches)
13 – Unlawful Carrying of a Club under Penal Code TEC (a)(1)
14 –Conduct Containing the Elements of an Offense Relating to Prohibited Weapons Under Penal Code TEC (a)(1)

7. 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 § (a)(2)(A)
31 – Sexual Assault Under Penal Code § Or Aggravated Sexual Assault Under Penal Code § Against a school district employee or volunteer – TEC §37.007(d)
32 - Sexual Assault Under Penal Code § Or Aggravated Sexual Assault Under Penal Code § Against someone other than a school district employee or volunteer – TEC §37.007(a)(2)(A)

8. 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 Penal code
Offense related to drugs

9. 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.

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

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“Illegal knife” has been replaced by “location-restricted knife”.

12. 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 TEC (a)(1) (Location-Restricted Knife - blade longer than 5.5 inches)

13. 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”.

14. Questions?
Questions?