2021 Legislative Priorities

Reduce Reliance on School Policing 
The coronavirus pandemic has shifted many aspects of daily life, including the practice of school policing. The reality is that millions of young Texans have not spent significant amounts of time in brick and mortar schools since March, yet school police departments and their officers have been fully funded. Various school districts have justified this by stating that school police officers presently patrol meal distribution sites. In this extraordinary moment, the Texas Legislature should evaluate the provisions of the Texas Penal Code and the Texas Education Code that govern school policing in Texas, clarify to local school districts that school policing budgets should not increase or remain the same during a global health crisis, and strengthen existing language about the responsibilities of mental health professionals on school campuses, which presently often fall within the umbrella of school policing duties. The Legislature should also include an enforcement mechanism for SB 1707, which passed during the 86th Legislative Session; if school police officers administer discipline or harm young people on their campuses, there should be a clear avenue for families to seek civil relief within the Texas Education Code.

Dedicate Funding to Equitable Relief and Invest in Mental Health Support Services
Initial reports from Texas state government officials indicate that, due to increased sales tax revenue, the budget shortfalls from the coronavirus pandemic will not be as drastic as were first anticipated. However, there may still be an inclination to cut allocations to critical social services, such as education. The Texas Legislature should prioritize K-12 education spending that will support supplementary academic services for young Texans post-COVID-19, provide mental health support services for young people through allocations for full-time school psychologists and counselors, and address the uneven broadband access across Texas that has contributed to the current digital divide.

Limit Exclusionary Discipline
The Texas Legislature should modify the Texas Education Code to expand the preK-2nd grade suspension ban to a preK-12th grade suspension ban, and the Legislature should remove the exceptions carved out for cases of extreme physical danger, as this is addressed in the penal code. This ban should be widened to include expulsions and referrals to disciplinary alternative education programs and juvenile justice alternative education programs. This ban should extend several academic years into the future, as students strive to recover from the coronavirus pandemic. 

Raise the Lower Age
When young children act out, their families and school community should be involved in age-appropriate responses that avoid arrest and formal court processes. Texas Appleseed supports raising the lower age of juvenile court jurisdiction so that young kids don't end up in court or in jail for behavior that can be addressed in a more developmentally appropriate way.

Eliminate Criminal Convictions and Fines for Juvenile Class C Misdemeanors
While the number of Class C charges filed against juveniles has dropped dramatically since 2013 reforms eliminated ticketing of schoolchildren for minor misbehavior, for the more than 60,000 youth who are charged, the consequences are still severe. A Class C conviction results in high fines and a criminal record that can haunt youth well into adulthood, posing a barrier to college, housing and jobs. Texas Appleseed will support legislation that eliminates the criminal consequences associated with a juvenile Class C charge, so that the process more closely mirrors what young people experience when they are charged with higher level offenses in the juvenile system.

Eliminate Juvenile Fees
Juvenile fees are counterproductive to the rehabilitative goal of the juvenile justice system. Many young people and their families cannot afford to pay fees and failure to pay them can lead to long-term consequences for youth and families such as increased recidivism, difficulty engaging in education and employment opportunities, civil judgements resulting in wage garnishments, and increased financial burdens.  Further, counties often spend more trying to collect these fees than they actually collect, making it inefficient and costly. Texas Appleseed will work to get rid of juvenile fees this session.

Close State Juvenile Secure Facilities
In Texas, there are five state run secure lockups for young people. These facilities’ unsafe conditions are well-documented. Chronic staffing shortages and a lack of trained staff have led to chaos and unsafe conditions. Research is clear that large facilities lead to higher rates of recidivism and that young people are better served in smaller facilities closer to home. Texas Appleseed plans to advocate for the closure of these facilities with a plan to ensure those young people who need to be in secure confinement are placed closer to home in smaller, more appropriate facilities.  

Divert Foster Youth from Juvenile Justice System for Minor Offenses
Young people in foster care have all been exposed to some trauma. Acting out is a known response to trauma; however, it can be misinterpreted as delinquent behavior and instead of getting help, young people can be funneled into the juvenile justice system. Children in foster care who are living in congregate care settings like residential treatment centers are 2.5 times as likely to end up in the juvenile justice system than children placed in foster care families. Texas Appleseed plans to work on a deferred prosecution program aimed at young people living in group settings who are charged with misdemeanors to keep them out of the juvenile justice system.