By: Granoff H.B. No. 1215
73R5053 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discipline management in public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 21.301(a), (b), (f), (g), (h), and (l),
1-5 Education Code, are amended to read as follows:
1-6 (a) The <In accordance with rules adopted by the State Board
1-7 of 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 only if the board or its designee determines that the
1-10 student's presence on a school campus presents a danger of physical
1-11 harm to the student or to another individual. A determination to
1-12 suspend a student made by a designee of the board who is employed
1-13 to work at the school the student attends must be approved by the
1-14 board or by a designee of the board employed to work outside of
1-15 that school. The <for a> period of suspension may not <to> exceed
1-16 three <six> school days <or remove a student to an alternative
1-17 education program>. Suspension for a total of more than three
1-18 <six> school days within a semester is considered an expulsion and
1-19 may occur only as provided by Section 21.3011 of this code.
1-20 (b) Before it may <suspend a student or> remove a student to
1-21 an alternative education program, the board or the board's designee
1-22 must determine:
1-23 (1) that the student's presence in the regular
1-24 classroom program or at the home campus presents a danger of
2-1 physical harm to the student or to other individuals; or
2-2 (2) that the student has engaged in serious or
2-3 persistent misbehavior that violates the district's previously
2-4 communicated standards of student conduct.
2-5 (f) A student's parent or guardian is entitled to notice as
2-6 soon as reasonably possible of a suspension or removal of a student
2-7 to an alternative education program and an opportunity to
2-8 participate in a proceeding before the board under this section.
2-9 If the board's designee suspends a student or removes a student to
2-10 an alternative education program for three or more consecutive
2-11 school days or five or more accumulative school days within a
2-12 semester, the designee shall encourage the student's parent or
2-13 guardian to attend a conference to discuss the designee's action
2-14 and/or the student's misbehavior. Any decision of the board under
2-15 this section is final and may not be appealed.
2-16 (g) The board or the board's designee shall provide for the
2-17 continuing education of a student who has been removed to an
2-18 alternative education program, including providing the student the
2-19 opportunity to receive full credit for satisfactory and timely
2-20 completion of coursework. A district shall provide for one or more
2-21 alternative education programs such as:
2-22 (1) in-school suspension;
2-23 (2) transfer to a different campus;
2-24 (3) transfer to a school-community guidance center; or
2-25 (4) transfer to a community-based alternative school.
2-26 (h) If a student is suspended, the student's absence shall
2-27 be considered to be an excused absence if the student
3-1 satisfactorily completes the assignments for the period of
3-2 suspension within a reasonable time determined by the district. A
3-3 district may not impose a grade adjustment on the work made up in a
3-4 timely manner by a student who has been suspended.
3-5 (l) A teacher may remove from class a student who has been
3-6 documented by the teacher to repeatedly interfere with the
3-7 teacher's ability to communicate effectively with the students in
3-8 the class. Not later than the third class day after the day on
3-9 which the student is removed from the class, the principal shall
3-10 schedule a hearing among the principal or the principal's designee,
3-11 a parent or guardian of the student, the teacher, and the student.
3-12 Following the hearing, and whether or not all requested parties are
3-13 in attendance after valid attempts to require their attendance, the
3-14 principal shall <suspend the pupil for a period consistent with
3-15 local policy, not to exceed six school days,> place the student in
3-16 an alternative education program<,> or place the student back in
3-17 the class. <If the student is removed a second time under this
3-18 subsection within the same semester, the student may be returned to
3-19 that class only by action of the superintendent at the principal's
3-20 request. If the student is removed a third or subsequent time
3-21 under this subsection within the same semester, the student may be
3-22 returned to that class only by action of the district's board of
3-23 trustees at the request of the superintendent.>
3-24 SECTION 2. Section 21.3011, Education Code, is amended by
3-25 amending Subsections (a), (b), (c), (e), (f), (g), and (h) and
3-26 adding Subsection (n) to read as follows:
3-27 (a) In this section, "expulsion" means suspension of a
4-1 student from school for a total of more than six school days within
4-2 a semester. The term does not include removal of a student to an
4-3 alternative education program.
4-4 (b) A student may be removed from class and expelled without
4-5 resort to an alternative education program under Section 21.301 of
4-6 this code if the student, on school property or while attending a
4-7 school-sponsored or school-related activity on or off of school
4-8 property:
4-9 (1) assaults a teacher or other school employee
4-10 <individual>;
4-11 (2) sells, gives, or delivers to another person or
4-12 possesses or uses or is under the influence of:
4-13 (A) marihuana or a controlled substance, as
4-14 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
4-15 Section 801 et seq.; or
4-16 (B) a dangerous drug, as defined by Chapter 483,
4-17 Health and Safety Code;
4-18 (3) sells, gives, or delivers to another person an
4-19 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
4-20 Code, or commits a serious act or offense while under the influence
4-21 of alcohol; or on more than one occasion possesses, uses, or is
4-22 under the influence of an alcoholic beverage;
4-23 (4) possesses a firearm as defined by Section
4-24 46.01(3), Penal Code, an illegal knife as defined by Section
4-25 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
4-26 Code, or a weapon listed as a prohibited weapon under Section
4-27 46.06, Penal Code;
5-1 (5) engages in conduct that contains the elements of
5-2 an offense relating to abusable glue or aerosol paint under
5-3 Sections 485.031 through 485.035, Health and Safety Code, or
5-4 relating to volatile chemicals under Chapter 484, Health and Safety
5-5 Code;
5-6 (6) engages in conduct that contains the elements of
5-7 the offense of arson under Section 28.02, Penal Code; or
5-8 (7) engages in conduct that contains the elements of
5-9 the offense of criminal mischief under Section 28.03, Penal Code,
5-10 if the offense is punishable as a felony under that section.
5-11 (c) A district shall report any expulsion to the
5-12 commissioner of education <A student who, after having been placed
5-13 in an alternative education program under Section 21.301 of this
5-14 code, continues to engage in serious or persistent misbehavior that
5-15 violates the district's previously communicated written standards
5-16 of student conduct may be removed from class and expelled>.
5-17 (e) Before the expulsion, the board or its designee must
5-18 provide the student a hearing at which the student is afforded
5-19 appropriate due process as required by the federal constitution.
5-20 An officer of the juvenile court of the county in which the student
5-21 resides or the officer's designee shall be present at the hearing
5-22 and be given an opportunity to speak and make recommendations
5-23 concerning the expulsion issue, alternatives to expulsion, or any
5-24 suggested placement of the student. If the decision to expel a
5-25 student is made by the board's designee, the decision may be
5-26 appealed to the board. The decision of the board may be appealed
5-27 by trial de novo to a state district court of the county in which
6-1 the school district's central administrative office is located.
6-2 (f) A teacher may remove from class and recommend for
6-3 expulsion a student who engages in conduct for which a student may
6-4 be expelled under Subsection (b) <or (c)> of this section. If a
6-5 teacher recommends a student for expulsion, the board or its
6-6 designee shall conduct a hearing under Subsection (e) of this
6-7 section. If the board or its designee decides not to expel the
6-8 student and the student is again recommended for expulsion by the
6-9 teacher during the same school year, the hearing under Subsection
6-10 (e) of this section may be conducted only by the board.
6-11 (g) The board or its designee shall deliver a copy of the
6-12 order expelling the student to the student and the student's parent
6-13 or guardian. The board or its designee shall also deliver a copy
6-14 of the order to the authorized officer of the juvenile court in the
6-15 county in which the student resides. The officer shall determine
6-16 whether:
6-17 (1) a petition should be filed alleging that the
6-18 student is in need of supervision or engaged in delinquent conduct;
6-19 <or>
6-20 (2) the student should be referred to a foster home or
6-21 an appropriate public or private institution or <state> agency
6-22 approved by the commissioner of education; or
6-23 (3) the student should return to school.
6-24 (h) A school district may provide home-based instruction to
6-25 students expelled under this section only if that action is
6-26 approved by a juvenile court.
6-27 (n) During the period of expulsion, if a student is placed
7-1 in a foster home or public or private institution or agency other
7-2 than an institution or agency whose main purpose is detention, a
7-3 school district shall pay the costs of the placement to the extent
7-4 provided by this section. The district shall pay an amount equal
7-5 to the average amount the district spends per student in a
7-6 classroom during a period equal to the duration of the expulsion
7-7 period.
7-8 SECTION 3. This Act applies beginning with the 1993-1994
7-9 school year.
7-10 SECTION 4. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.