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.