HB4833 - Relating to the removal of a public school student from the classroom for engaging in certain conduct and requiring a drug prevention and intervention program.

  89R14441 BCH-F     By: A. Davis of Dallas H.B. No. 4833       A BILL TO BE ENTITLED   AN ACT   relating to the removal of a public school student from the   classroom for engaging in certain conduct and requiring a drug   prevention and intervention program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.002(r), Education Code, is amended to   read as follows:          (r)  In adopting the essential knowledge and skills for the   health curriculum under Subsection (a)(2)(B), the State Board of   Education shall adopt essential knowledge and skills that address   the science, risk factors, causes, dangers, consequences, signs,   symptoms, and treatment of substance abuse, including the use of   e-cigarettes, tobacco products, marihuana, and illegal drugs,   abuse of prescription drugs, abuse of alcohol such as by binge   drinking or other excessive drinking resulting in alcohol   poisoning, inhaling solvents, and other forms of substance abuse.     The agency shall compile a list of evidence-based substance abuse   awareness programs from which a school district , subject to the   requirements under Section 38.041, shall choose a program to use in   the district's middle school, junior high school, and high school   health curriculum.  In this subsection, "evidence-based substance   abuse awareness program" means a program, practice, or strategy   that has been proven to effectively prevent or reduce substance   abuse among students, as determined by evaluations that are   evidence-based.          SECTION 2.  Section 37.006(a), Education Code, is amended to   read as follows:          (a)  Subject to the requirements of Section 37.009(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)  a controlled substance, as defined by   Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et   seq., excluding marihuana, as defined by Section 481.002, Health   and Safety Code, or tetrahydrocannabinol, as defined by rule   adopted under Section 481.003 of that code; or                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code;                      [ (C-1)     possesses, uses, or is under the influence   of, or sells, gives, or delivers to another person marihuana, as   defined by Section 481.002, Health and Safety Code, or   tetrahydrocannabinol, as defined by rule adopted under Section   481.003 of that code;                      [ (C-2)     possesses, uses, sells, gives, or   delivers to another person an e-cigarette, as defined by Section   161.081, 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.          SECTION 3.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0063 to read as follows:           Sec.   37.0063.     E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA   INTERVENTION PROGRAM. (a) In this section:                 (1)     "E-cigarette" has the meaning assigned by Section   161.081, Health and Safety Code.                 (2)     "Marihuana"   has the meaning assigned by Section   481.002, Health and Safety Code.           (b)     Each school district and open-enrollment charter school   shall develop and implement an e-cigarette, tobacco product, and   marihuana intervention program in consultation with campus   behavior coordinators employed by the district or school,   representatives of a regional education service center, and local   health authorities.           (c)     A program implemented under this section must serve as a   disciplinary alternative for a student suspected or found to have   engaged in using an e-cigarette, tobacco product, or marihuana on   or within 300 feet of school property, or while attending a   school-sponsored or school-related activity on or off school   property.           (d)  A program implemented under this section must:                 (1)     provide age-appropriate, evidence-based drug   education and counseling to help prevent or reduce the use of   e-cigarettes, tobacco products, and marihuana by students;                 (2)     provide alternative disciplinary courses of   action that do not use in-school suspension, out-of-school   suspension, or placement in a disciplinary alternative education   program to manage student behavior; and                 (3)     establish guidelines to identify a student in need   of additional support and to refer a student to in-school or   out-of-school cessation services or treatment.           (e)     Each school district and open-enrollment charter school   shall annually conduct training for staff employed by the district   or school on the program implemented under this section.          SECTION 4.  Sections 37.009(a-1) and (a-2), Education Code,   are amended to read as follows:          (a-1)  If a disciplinary alternative education program is at   capacity at the time a campus behavior coordinator is deciding   placement under Subsection (a) for a student who engaged in conduct   described under Section 37.006(a)(2)(D) [ 37.006(a)(2)(C-1), (C-2),   (D), ] or (E), the student shall be:                (1)  placed in in-school suspension; and                (2)  if a position becomes available in the program   before the expiration of the period of the placement, transferred   to the program for the remainder of the period.          (a-2)  If a disciplinary alternative education program is at   capacity at the time a campus behavior coordinator is deciding   placement under Subsection (a) for a student who engaged in conduct   described under Section 37.007 that constitutes violent conduct, as   defined by commissioner rule, a student who has been placed in the   program for conduct described under Section 37.006(a)(2)(D)   [ 37.006(a)(2)(C-1), (C-2), (D), ] or (E):                (1)  may be removed from the program and placed in   in-school suspension to make a position in the program available   for the student who engaged in violent conduct; and                (2)  if removed from the program under Subdivision (1)   and a position in the program becomes available before the   expiration of the period of the placement, shall be returned to the   program for the remainder of the period.          SECTION 5.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.041 to read as follows:           Sec.   38.041.     E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA   PREVENTION AND AWARENESS EDUCATION. (a) In this section:                 (1)     "E-cigarette"   has the meaning assigned by Section   161.081, Health and Safety Code.                 (2)     "Marihuana"   has the meaning assigned by Section   481.002, Health and Safety Code.           (b)     Each school district and open-enrollment charter school   shall annually provide instruction relating to the use of   e-cigarettes, tobacco products, and marihuana to students in grades   6 through 12.           (c)  The instruction must:                 (1)     provide age-appropriate, evidence-based drug   education to help prevent or reduce the use of e-cigarettes,   tobacco products, and marihuana by students;                 (2)     include information and access to support systems,   programs, and services to encourage students to abstain from or   reduce the use of e-cigarettes, tobacco products, and marihuana;   and                 (3)     be provided by educational, health, or mental   health professionals.           (d)     Each school district and open-enrollment charter school   shall annually conduct training for staff employed by the district   or school on the instruction provided under this section.          SECTION 6.  This Act applies beginning with the 2025-2026   school year.          SECTION 7.  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, 2025.