By: Gutierrez H.B. No. 1621 73R5755 ESH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a public school teacher's involvement in the removal of 1-3 certain students from the classroom. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 21.301(l), Education Code, is amended to 1-6 read as follows: 1-7 (l) A teacher may remove from class a student who has been 1-8 documented by the teacher to repeatedly interfere with the 1-9 teacher's ability to communicate effectively with the students in 1-10 the class. Not later than the third class day after the day on 1-11 which the student is removed from the class, the principal shall 1-12 schedule a hearing among the principal or the principal's designee, 1-13 a parent or guardian of the student, the teacher, and the student. 1-14 The principal's designee may be a committee of teachers at the 1-15 campus. Following the hearing, and whether or not all requested 1-16 parties are in attendance after valid attempts to require their 1-17 attendance, the principal shall suspend the pupil for a period 1-18 consistent with local policy, not to exceed six school days, place 1-19 the student in an alternative education program, or place the 1-20 student back in the class. If the student is removed a second time 1-21 under this subsection within the same semester, the student may be 1-22 returned to that class only by action of the superintendent at the 1-23 principal's request. If the student is removed a third or 1-24 subsequent time under this subsection within the same semester, the 2-1 student may be returned to that class only by action of the 2-2 district's board of trustees at the request of the superintendent. 2-3 SECTION 2. Subchapter I, Chapter 21, Education Code, is 2-4 amended by adding Section 21.3012 to read as follows: 2-5 Sec. 21.3012. REMOVAL OF CERTAIN STUDENTS FROM CLASSROOM. 2-6 (a) Without regard to whether a student is suspended under Section 2-7 21.301 of this code or expelled under Section 21.3011 of this code, 2-8 the board of trustees of a school district or the board's designee 2-9 shall remove a student from a teacher's classroom if: 2-10 (1) the student assaults the teacher; and 2-11 (2) the teacher demonstrates that: 2-12 (A) the teacher's ability to effectively 2-13 communicate with the student has been irreparably harmed; or 2-14 (B) the student's presence in the teacher's 2-15 classroom will irreparably harm the teacher's ability to 2-16 effectively communicate with other students in the class. 2-17 (b) A student removed from a classroom under Subsection (a) 2-18 of this section may not be returned to the classroom without the 2-19 teacher's consent. 2-20 (c) The board or the board's designee, including a committee 2-21 of teachers at the campus, may place a student removed from a 2-22 classroom under Subsection (a) of this section in: 2-23 (1) another teacher's classroom; or 2-24 (2) an alternative education program under Section 2-25 21.301 of this code. 2-26 (d) In this section, "assault" means an act or series of 2-27 acts that contains the elements of an offense under Section 22.01, 3-1 Penal Code. 3-2 SECTION 3. This Act takes effect September 1, 1993. 3-3 SECTION 4. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.