By: Tallas H.B. No. 134
73R659 CAE-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion of a student from a summer program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 21.301(a), (d), and (l), Education Code,
1-5 are amended to read as follows:
1-6 (a) In accordance with rules adopted by the State Board of
1-7 Education, the board of trustees of a school district or the
1-8 board's designee may, as provided by this section, suspend a
1-9 student for a period not to exceed six school days or remove a
1-10 student to an alternative education program. Suspension for a
1-11 total of more than six school days within a semester or summer
1-12 program is considered an expulsion and may occur only as provided
1-13 by Section 21.3011 of this code.
1-14 (d) Except as provided by this subsection, removal to a
1-15 supervised alternative education setting may not extend beyond the
1-16 end of the semester or summer program during which the conduct that
1-17 directly led to the removal occurred. If the conduct occurred
1-18 during the final six-week reporting period of a semester or summer
1-19 program, the removal may extend beyond the end of that semester or
1-20 summer program but may not extend beyond the end of the next
1-21 semester. The board may permit the student to remain in the
1-22 alternative program for an additional period agreed on by the
1-23 student, the student's parent or guardian, the supervisor of the
1-24 alternative program, and the principal of the student's home school
2-1 if they agree that the additional period would best serve the
2-2 student's educational interest. This subsection does not apply to
2-3 the placement of a handicapped student in an alternative program in
2-4 accordance with the decision of an admission, review, and dismissal
2-5 committee.
2-6 (l) A teacher may remove from class a student who has been
2-7 documented by the teacher to repeatedly interfere with the
2-8 teacher's ability to communicate effectively with the students in
2-9 the class. Not later than the third class day after the day on
2-10 which the student is removed from the class, the principal shall
2-11 schedule a hearing among the principal or the principal's designee,
2-12 a parent or guardian of the student, the teacher, and the student.
2-13 Following the hearing, and whether or not all requested parties are
2-14 in attendance after valid attempts to require their attendance, the
2-15 principal shall suspend the pupil for a period consistent with
2-16 local policy, not to exceed six school days, place the student in
2-17 an alternative education program, or place the student back in the
2-18 class. If the student is removed a second time under this
2-19 subsection within the same semester or summer program, the student
2-20 may be returned to that class only by action of the superintendent
2-21 at the principal's request. If the student is removed a third or
2-22 subsequent time under this subsection within the same semester or
2-23 summer program, the student may be returned to that class only by
2-24 action of the district's board of trustees at the request of the
2-25 superintendent.
2-26 SECTION 2. Sections 21.3011(a) and (d), Education Code, are
2-27 amended to read as follows:
3-1 (a) In this section, "expulsion" means suspension of a
3-2 student from school for more than six school days within a semester
3-3 or summer program. The term does not include removal of a student
3-4 to an alternative education program.
3-5 (d) The board or its designee shall set a term for the
3-6 expulsion.
3-7 (1) The expulsion may not extend beyond the end of the
3-8 regular school term <year> unless the conduct directly leading to
3-9 the expulsion occurred during the final six-week reporting period
3-10 of the regular school term <year> or during a summer program, in
3-11 which case the expulsion may not extend beyond the end of <the
3-12 current school year but not beyond the end of> the first semester
3-13 of the next regular school term <year>.
3-14 (2) A pupil who is to be expelled for the first time
3-15 for possession, use, or for being under the influence of an
3-16 alcoholic beverage as defined in this section may not be expelled
3-17 beyond the end of the semester, unless the conduct directly leading
3-18 to the expulsion occurred during the final six-week reporting
3-19 period of a semester or during a summer program, which may result
3-20 in expulsion not to extend beyond the end of the next regular
3-21 semester.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.