By Johnson H.B. No. 1005
74R3024 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspension, expulsion, or emergency removal of students
1-3 from public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 21.301 and 21.3011, Education Code, are
1-6 amended to read as follows:
1-7 Sec. 21.301. Suspension of Students; Removal to Alternative
1-8 Education Programs. (a) The <In accordance with rules adopted by
1-9 the State Board of Education, the> board of trustees of a school
1-10 district or the board's designee may, as provided by this section,
1-11 suspend a student for a period not to exceed six school days <or
1-12 remove a student to an alternative education program>. Suspension
1-13 for a total of more than six school days within a semester is
1-14 considered an expulsion and may occur only as provided by Section
1-15 21.3011 of this code.
1-16 (b) Before it may suspend a student <or remove a student to
1-17 an alternative education program>, the board or the board's
1-18 designee must determine:
1-19 (1) that the student's presence in the regular
1-20 classroom program or at the home campus presents a danger of
1-21 physical harm to the student or to other individuals; or
1-22 (2) that the student has engaged in serious or
1-23 persistent misbehavior that violates the district's previously
1-24 communicated standards of student conduct.
2-1 (c) Before suspending a student, the board or its designee
2-2 shall consider reasonable alternatives, including appropriate
2-3 discipline management techniques which may include removal to an
2-4 alternative education program. If the board or its designee
2-5 determines that suspension is the most appropriate available
2-6 alternative, the board or the board's designee is not required to
2-7 precede the suspension with another disciplinary action.
2-8 (d) The board or its designee may remove to an alternative
2-9 education program a student who:
2-10 (1) repeatedly interferes with a teacher's ability to
2-11 communicate effectively with students in class; or
2-12 (2) engages in misbehavior that violates the
2-13 district's or a teacher's previously communicated standards of
2-14 conduct.
2-15 (e) Removal <Except as provided by this subsection, removal>
2-16 to a supervised alternative education setting may not extend beyond
2-17 the end of the school year <semester> during which the conduct that
2-18 directly led to the removal occurred. If the conduct occurred
2-19 during the final six-week reporting period of a school year
2-20 <semester>, the removal may extend beyond the end of that school
2-21 year <semester> but may not extend beyond the end of the first
2-22 <next> semester of the next school year. The board may permit the
2-23 student to remain in the alternative program for an additional
2-24 period agreed on by the student, the student's parent or guardian,
2-25 the supervisor of the alternative program, and the principal of the
2-26 student's home school if they agree that the additional period
2-27 would best serve the student's educational interest. This
3-1 subsection does not apply to the placement of a student with
3-2 disabilities in an alternative program in accordance with the
3-3 decision of an admission, review, and dismissal committee.
3-4 <(e) If the decision to remove a student to an alternative
3-5 education program is made by the board's designee, that decision
3-6 may be appealed to the board. The student may be removed to the
3-7 alternative education program pending appeal to the board.>
3-8 (f) A student's parent or guardian is entitled to notice as
3-9 soon as reasonably possible of a suspension or removal of a student
3-10 to an alternative education program and an opportunity to
3-11 participate in a proceeding before the board or its designee under
3-12 this section. If the board's designee suspends or removes a
3-13 student to an alternative education program for three or more
3-14 consecutive school days or five or more accumulative school days
3-15 within a semester, the designee shall encourage the student's
3-16 parent or guardian to attend a conference to discuss the designee's
3-17 action and/or the student's misbehavior. Any decision of the board
3-18 under this section is final and may not be appealed.
3-19 (g) The board or the board's designee shall provide for the
3-20 continuing education of a student who has been removed to an
3-21 alternative education program. A district shall provide for one or
3-22 more alternative education programs such as:
3-23 (1) in-school suspension;
3-24 (2) transfer to a different campus;
3-25 (3) transfer to a school-community guidance center; or
3-26 (4) transfer to a community-based alternative school.
3-27 (h) If a student is suspended, the student's absence shall
4-1 be considered to be an excused absence if the student
4-2 satisfactorily completes the assignments for the period of
4-3 suspension within a reasonable time determined by the appropriate
4-4 teacher <district>. A district may impose a grade adjustment on
4-5 the work made up by a student who has been suspended.
4-6 (i) A student removed to an alternative education program in
4-7 a supervised educational setting shall <may> be counted in
4-8 computing the average daily attendance of students in the district
4-9 for the student's time in actual attendance in the program.
4-10 (j) The board or the board's designee shall take appropriate
4-11 disciplinary action against a student who has accrued more than
4-12 five days of unexcused absence during a semester or more than 10
4-13 days of unexcused absence during a school year. A student may not
4-14 be suspended for being truant or tardy.
4-15 (k) A teacher may send a student to the principal's office
4-16 in order to maintain effective discipline in the classroom. The
4-17 principal shall respond by employing appropriate discipline
4-18 management techniques consistent with local policy.
4-19 (l) A teacher may remove from class and place in an
4-20 alternative education program a student who <has been documented by
4-21 the teacher to> repeatedly interferes <interfere> with the
4-22 teacher's ability to communicate effectively with the students in
4-23 the class or who violates the teacher's previously communicated
4-24 standards of classroom conduct. Not later than the third class day
4-25 after the day on which the student is removed from the class, the
4-26 principal shall schedule a hearing among the principal or the
4-27 principal's designee, a parent or guardian of the student, the
5-1 teacher, and the student. Following the hearing, and whether or
5-2 not all requested parties are in attendance after valid attempts to
5-3 require their attendance, the principal shall suspend the student
5-4 <pupil> for a period consistent with local policy, not to exceed
5-5 six school days, continue the student's placement <place the
5-6 student> in an alternative education program, or, except as
5-7 otherwise provided by this subsection, place the student back in
5-8 the class. If the student is removed a second time under this
5-9 subsection within the same semester, the student may be returned to
5-10 that class only by action of the superintendent at the principal's
5-11 request. If the student is removed a third or subsequent time
5-12 under this subsection within the same semester, the student may be
5-13 returned to that class only by action of the district's board of
5-14 trustees at the request of the superintendent. A student whom a
5-15 teacher removes from class for threatening or openly abusive
5-16 behavior may not be returned to the teacher's class without the
5-17 teacher's consent unless, at a hearing requested by the student or
5-18 the student's parent or guardian and conducted as provided by
5-19 Subsection (f) to determine whether the student engaged in
5-20 threatening or openly abusive behavior, the board or its designee
5-21 determines that the student did not engage in threatening or openly
5-22 abusive behavior.
5-23 (m) A teacher may remove from class and recommend for
5-24 suspension or removal to an alternative education program a student
5-25 who engages in conduct for which a student may be expelled or
5-26 removed to an alternative education program under Section 21.3011.
5-27 At the request of the student or the student's parent or guardian,
6-1 a hearing shall be held as provided by Subsection (f) to determine
6-2 whether the student engaged in conduct for which a student may be
6-3 expelled or removed to an alternative education program under
6-4 Section 21.3011. If it is determined at the hearing that the
6-5 student engaged in such conduct or if a hearing is not requested,
6-6 the student shall be suspended or placed in the alternative
6-7 education program for the period specified by the teacher in
6-8 accordance with Subsection (e). If a teacher recommends a student
6-9 for suspension or removal to an alternative education program and
6-10 later, during the same school year, the teacher recommends the
6-11 student for expulsion, the expulsion hearing must be conducted by
6-12 the board unless the teacher consents to a hearing before the
6-13 board's designee.
6-14 (n) <(m)> On request of a district, the Central Education
6-15 Agency shall provide to the district informational material on
6-16 developing an alternative education program that takes into
6-17 consideration size, wealth, and existing facilities in determining
6-18 a program best suited to a district.
6-19 (o) <(n)> It is the intent of the legislature that districts
6-20 notify the parents or guardians of students suspended under this
6-21 section or expelled under Section 21.3011 of this code and that
6-22 after such notification it is the responsibility of the parent or
6-23 guardian to provide adequate supervision for these students during
6-24 that period of time.
6-25 (p) The State Board of Education shall adopt rules
6-26 concerning the application of this section to students with
6-27 disabilities.
7-1 Sec. 21.3011. Expulsion of Students. (a) In this section,
7-2 "expulsion" means suspension of a student from school for more than
7-3 six school days within a semester. The term does not include
7-4 removal of a student to an alternative education program.
7-5 (b) A student may be removed from class and expelled without
7-6 resort to an alternative education program under Section 21.301 of
7-7 this code if the student, on school property or while attending a
7-8 school-sponsored or school-related activity on or off of school
7-9 property:
7-10 (1) engages in conduct that contains the elements of
7-11 an assaultive offense under Chapter 22, Penal Code, against
7-12 <assaults> a teacher or other individual;
7-13 (2) sells, gives, or delivers to another person or
7-14 possesses or uses or is under the influence of:
7-15 (A) marihuana or a controlled substance, as
7-16 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
7-17 Section 801 et seq.; or
7-18 (B) a dangerous drug, as defined by Chapter 483,
7-19 Health and Safety Code;
7-20 (3) sells, gives, or delivers to another person an
7-21 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
7-22 Code, or commits a serious act or offense while under the influence
7-23 of alcohol; or on more than one occasion possesses, uses, or is
7-24 under the influence of an alcoholic beverage;
7-25 (4) possesses a firearm as defined by Section
7-26 46.01(3), Penal Code, an illegal knife as defined by Section
7-27 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
8-1 Code, or a weapon listed as a prohibited weapon under Section 46.05
8-2 <46.06>, Penal Code;
8-3 (5) engages in conduct that contains the elements of
8-4 an offense relating to abusable glue or aerosol paint under
8-5 Sections 485.031 through 485.035, Health and Safety Code, or
8-6 relating to volatile chemicals under Chapter 484, Health and Safety
8-7 Code;
8-8 (6) engages in conduct that contains the elements of
8-9 the offense of arson under Section 28.02, Penal Code;
8-10 (7) engages in conduct that contains the elements of
8-11 the offense of criminal mischief under Section 28.03, Penal Code,
8-12 if the offense is punishable as a felony under that section; <or>
8-13 (8) engages in conduct that contains the elements of
8-14 the offense of a sexual offense <public lewdness> under Chapter 21
8-15 <Section 21.07>, Penal Code;
8-16 (9) engages in conduct that contains the elements of
8-17 the offense of robbery under Section 29.02, Penal Code, or
8-18 aggravated robbery under Section 29.03, Penal Code;
8-19 (10) engages in conduct that contains the elements of
8-20 the offense of theft under Section 31.03, Penal Code; or
8-21 (11) engages in conduct that contains the elements of
8-22 any other offense punishable as a Class A misdemeanor or a felony
8-23 under the Penal Code.
8-24 (c) A student may be removed from class and expelled without
8-25 resort to an alternative education program under Section 21.301 if
8-26 the student engages in conduct that contains the elements of the
8-27 offense of retaliation under Section 36.06, Penal Code, against any
9-1 school employee.
9-2 (d) A student who, after having been placed in an
9-3 alternative education program under Section 21.301 of this code,
9-4 continues to engage in serious or persistent misbehavior that
9-5 violates the district's previously communicated written standards
9-6 of student conduct shall be removed to an alternative facility
9-7 outside of the public school setting if a facility is reasonably
9-8 available. If a facility is not reasonably available, the student
9-9 may be removed from class and expelled.
9-10 (e) <(d)> The board or its designee shall set a term for the
9-11 expulsion or removal to an alternative facility.
9-12 (1) The expulsion or removal to an alternative
9-13 facility may not extend beyond the end of the school year unless
9-14 the conduct directly leading to the expulsion or removal to an
9-15 alternative facility occurred during the final six-week reporting
9-16 period of the school year, in which case the expulsion or removal
9-17 to an alternative facility may extend beyond the end of the current
9-18 school year but not beyond the end of the first semester of the
9-19 next school year.
9-20 (2) A student <pupil> who is to be expelled for the
9-21 first time for possession, use, or for being under the influence of
9-22 an alcoholic beverage as defined in this section may not be
9-23 expelled beyond the end of the semester, unless the conduct
9-24 directly leading to the expulsion occurred during the final
9-25 six-week reporting period of a semester, which may result in
9-26 expulsion not to extend beyond the end of the next regular
9-27 semester.
10-1 (f) <(e)> Before the expulsion or removal to an alternative
10-2 facility, the board or its designee must provide the student a
10-3 hearing at which the student is afforded appropriate due process as
10-4 required by the federal constitution. If the decision to expel a
10-5 student or remove a student to an alternative facility is made by
10-6 the board's designee, the decision may be appealed to the board.
10-7 The decision of the board may be appealed by trial de novo to a
10-8 state district court of the county in which the school district's
10-9 central administrative office is located.
10-10 (g) <(f)> A teacher may remove from class and recommend for
10-11 expulsion a student who engages in conduct for which a student may
10-12 be expelled under Subsection (b), <or> (c), or (d) of this section.
10-13 If a teacher recommends a student for expulsion, the board or its
10-14 designee shall conduct a hearing under Subsection (f) <(e)> of this
10-15 section. If the board or its designee decides not to expel the
10-16 student and the student is again recommended for expulsion by the
10-17 teacher during the same school year, the hearing under Subsection
10-18 (f) <(e)> of this section may be conducted only by the board.
10-19 (h) <(g)> The board or its designee shall deliver a copy of
10-20 the order expelling the student or removing the student to an
10-21 alternative facility to the student and the student's parent or
10-22 guardian. The board or its designee shall also deliver a copy of
10-23 the order to the authorized officer of the juvenile court in the
10-24 county in which the student resides. The officer shall determine
10-25 whether:
10-26 (1) a petition should be filed alleging that the
10-27 student is in need of supervision or engaged in delinquent conduct;
11-1 or
11-2 (2) the student should be referred to an appropriate
11-3 state agency.
11-4 (i) <(h)> A school district may provide home-based
11-5 instruction to students expelled under this section.
11-6 (j) <(i)> Each school district shall provide each teacher
11-7 and administrator with a copy of Section 21.301 and this section of
11-8 this code and with a copy of the local policies relating to the
11-9 sections. A school district or school district employee may not
11-10 retaliate in any way against a teacher or administrator for acting
11-11 in accordance with this section or Section 21.301 of this code.
11-12 (k) <(j)> If a court orders a student who has been expelled
11-13 to attend school as a condition of probation, the school district
11-14 shall readmit the student, but the student is not immune from
11-15 suspension, removal to an alternative education program, or
11-16 expulsion during the term of the probation. If a student is
11-17 required to attend school as a condition of probation <expelled
11-18 under this section>, the school district retains the authority to
11-19 place the student in the appropriate educational setting.
11-20 (l) <(k)> Each school district shall reasonably cooperate
11-21 with governmental agencies and community organizations providing
11-22 services within the district to students expelled under this
11-23 section.
11-24 (m) <(l)> A rehabilitation district that admits delinquent
11-25 children with disabilities shall admit a child referred by a
11-26 juvenile court located in the district if the ARD committee of the
11-27 district has determined that the district has sufficient facilities
12-1 and personnel available.
12-2 (n) <(m)> If the student enrolls in another school district
12-3 before the expiration of the period of expulsion or removal to an
12-4 alternative facility, the board shall provide to the district in
12-5 which the student enrolls, at the same time other of the student's
12-6 records are provided, a copy of the order. The district in which
12-7 the student enrolls may continue the expulsion or removal to an
12-8 alternative facility under the terms of the order or may allow the
12-9 student to attend classes without completing the period of
12-10 expulsion or removal to an alternative facility.
12-11 SECTION 2. Subchapter I, Chapter 21, Education Code, is
12-12 amended by adding Section 21.3012 to read as follows:
12-13 Sec. 21.3012. EMERGENCY REMOVAL. (a) The board of trustees
12-14 of a school district or the board's designee may remove a student
12-15 from the student's regular class or from a school campus for
12-16 nondisciplinary reasons concerning health, safety, or welfare if
12-17 the board or its designee determines that an emergency situation
12-18 exists.
12-19 (b) For purposes of Subsection (a), an emergency situation
12-20 includes a determination that the student:
12-21 (1) is under the influence of alcohol or a drug;
12-22 (2) is highly agitated; or
12-23 (3) suffers from any other condition that temporarily
12-24 threatens the health, safety, or welfare of the student or another
12-25 person or the efficient operation of the school.
12-26 (c) A student who is removed from the student's regular
12-27 class or a school campus under this section based on a
13-1 determination that the health, safety, or welfare of the student or
13-2 another person is threatened must be released to the student's
13-3 parent or guardian, a representative of the student's parent or
13-4 guardian, or another person having proper authority, including a
13-5 law enforcement officer or medical professional.
13-6 (d) The period for which a student may be removed under this
13-7 section must be the shortest period reasonable under the
13-8 circumstances but may not be longer than five consecutive school
13-9 days.
13-10 (e) Before removing a student from a school campus under
13-11 this section, a school district shall make a reasonable effort to
13-12 notify the student's parent or guardian of the student's removal
13-13 and the reason for the removal. If the parent or guardian cannot
13-14 be notified before the removal, the district shall notify the
13-15 parent or guardian as soon as practicable after the removal. In
13-16 addition, as soon as practicable after the removal, a hearing shall
13-17 be held on the removal. The student and the student's parent or
13-18 guardian shall be given reasonable notice of the hearing before it
13-19 is held.
13-20 SECTION 3. This Act applies beginning with the 1995-1996
13-21 school year.
13-22 SECTION 4. The importance of this legislation and the
13-23 crowded condition of the calendars in both houses create an
13-24 emergency and an imperative public necessity that the
13-25 constitutional rule requiring bills to be read on three several
13-26 days in each house be suspended, and this rule is hereby suspended,
13-27 and that this Act take effect and be in force from and after its
14-1 passage, and it is so enacted.