Bill Text: TX HB2991 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the use of disciplinary alternatives to suspension by a school district and the creation of the restorative justice coordinating council.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-04-16 - Committee report sent to Calendars [HB2991 Detail]
Download: Texas-2019-HB2991-Comm_Sub.html
86R8832 MP-F | ||
By: Talarico, Bernal | H.B. No. 2991 |
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relating to the use of disciplinary alternatives to suspension by a | ||
school district and the creation of the restorative justice | ||
coordinating council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 37.0013, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.0013. POSITIVE BEHAVIOR AND RESTORATIVE JUSTICE | ||
PROGRAM. | ||
SECTION 2. Section 37.0013, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Each school district and open-enrollment charter school | ||
shall [ |
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campus behavior coordinators employed by the district or school and | ||
representatives of a regional education service center, through | ||
which the district or school may provide an [ |
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any [ |
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described by Section 37.005(a), including conduct that violates a | ||
penal law of this state [ |
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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 justice practices. | ||
(a-1) In this section, "restorative justice practices" | ||
means practices that emphasize repairing harm caused by a person's | ||
conduct to another person or to the community. The term includes a | ||
victim-initiated conference, a family group conference, a | ||
restorative circle, a community conference, or any other | ||
victim-centered practice. | ||
SECTION 3. Chapter 37, Education Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. RESTORATIVE JUSTICE COORDINATING COUNCIL | ||
Sec. 37.251. DEFINITIONS. In this subchapter: | ||
(1) "Council" means the restorative justice | ||
coordinating council established under this subchapter. | ||
(2) "Restorative justice" means an approach to justice | ||
that emphasizes repairing harm caused by a person's conduct to | ||
another person or to the community. | ||
Sec. 37.252. ESTABLISHMENT; PURPOSES. The restorative | ||
justice coordinating council is established to assist the agency | ||
and school districts in developing and delivering restorative | ||
justice programs and training, including by: | ||
(1) serving as a central repository for restorative | ||
justice information; and | ||
(2) providing technical assistance to school | ||
districts in providing or developing restorative justice programs. | ||
Sec. 37.253. COUNCIL MEMBERS; TERMS. (a) The council | ||
consists of 15 members as follows: | ||
(1) one member representing the agency, appointed by | ||
the commissioner; | ||
(2) one member representing a regional education | ||
service center, appointed by the commissioner; | ||
(3) three members representing public school | ||
educators, who must include a classroom teacher, a principal, and a | ||
superintendent, appointed by the commissioner; | ||
(4) one member who is a victim's advocate with | ||
experience in restorative justice practices, appointed by the chair | ||
of the Texas Judicial Council; | ||
(5) one member representing a statewide nonprofit | ||
organization with expertise in restorative justice policy, | ||
appointed by the chair of the Texas Judicial Council; | ||
(6) three members who are restorative justice | ||
practitioners, appointed by the chair of the Texas Judicial | ||
Council; | ||
(7) one member representing the Texas Department of | ||
Criminal Justice, appointed by the executive director of the | ||
department; | ||
(8) one member representing the Board of Pardons and | ||
Paroles, appointed by the presiding officer of the board; | ||
(9) one member representing the Texas Juvenile Justice | ||
Department, appointed by the executive director of the department; | ||
and | ||
(10) two members who are district, county, or | ||
municipal court judges or justices of the peace, appointed by the | ||
chair of the Texas Judicial Council. | ||
(b) A council member shall serve a two-year term. | ||
Sec. 37.254. RESTORATIVE JUSTICE DATABASE. (a) The | ||
council shall develop and maintain a database of restorative | ||
justice programs used by school districts in the state. | ||
(b) The council shall review and, if necessary, update the | ||
database at least once each year. | ||
Sec. 37.255. REPORT. Not later than December 1 of each | ||
even-numbered year, the council shall submit to the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives a report on the council's activities in the | ||
preceding biennium and any recommendations for legislative or other | ||
action. | ||
SECTION 4. Section 37.0013, Education Code, as amended by | ||
this Act, applies beginning with the 2019-2020 school year. | ||
SECTION 5. (a) Not later than December 1, 2019, the | ||
appropriate appointing authorities shall appoint the members of the | ||
restorative justice coordinating council established under | ||
Subchapter H, Chapter 37, Education Code, as added by this Act. | ||
(b) Not later than September 1, 2020, the restorative | ||
justice coordinating council shall develop the restorative justice | ||
database required by Section 37.254, Education Code, as added by | ||
this Act. | ||
(c) Not later than December 1, 2020, the restorative justice | ||
coordinating council shall submit its initial report required under | ||
Section 37.255, Education Code, as added by this Act. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |