By Park H.B. No. 2026
74R7505 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expulsion of certain students from public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter I, Chapter 21, Education Code, is
1-5 amended by adding Sections 21.3012 and 21.3013 to read as follows:
1-6 Sec. 21.3012. MANDATORY EXPULSION OF STUDENTS. (a) Except
1-7 as provided by Subsection (b), a school district shall expel a
1-8 student if the student, on school property or while attending a
1-9 school-sponsored or school-related activity on or off school
1-10 property:
1-11 (1) engages in conduct that contains the elements of
1-12 the offense of arson under Section 28.02, Penal Code;
1-13 (2) engages in conduct that contains the elements of
1-14 the offense of sexual assault or aggravated sexual assault under
1-15 Section 22.011 or 22.021, Penal Code; or
1-16 (3) possesses a firearm as defined by Section
1-17 46.01(3), Penal Code, an illegal knife as defined by Section
1-18 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
1-19 Code, or a weapon listed as a prohibited weapon under Section
1-20 46.05, Penal Code.
1-21 (b) A school district may not expel a student for possession
1-22 of an item listed in Subsection (a)(3) if the student establishes,
1-23 in a clear and convincing manner, that the student possessed the
1-24 item with the express permission of or at the request or direction
2-1 of a school employee or peace officer.
2-2 (c) A student is entitled to a hearing as provided by
2-3 Section 21.3011(e) before expulsion under this section. A student
2-4 may appeal an expulsion under this section in the manner provided
2-5 by Section 21.3011(e).
2-6 (d) A school district that expels a student under this
2-7 section shall:
2-8 (1) record the expulsion on the student's permanent
2-9 school record; and
2-10 (2) not later than the third day after the date of the
2-11 expulsion, refer the student, if appropriate, to the local mental
2-12 health and mental retardation authority or local office of the
2-13 Department of Protective and Regulatory Services and notify the
2-14 student's parent of the referral.
2-15 (e) Unless readmitted by a school district under Section
2-16 21.3013(f) or (h), a student expelled under this section may not
2-17 attend regular classes in any public school in this state. A
2-18 school district may operate or participate in a program designed to
2-19 provide public education to students expelled under this section,
2-20 and a student expelled under this section may be admitted to the
2-21 program at the discretion of the operating or participating
2-22 district. Except as otherwise provided by law, a program designed
2-23 to provide public education to students expelled under this section
2-24 may not be operated in a facility used for the general student
2-25 population when the facility is being used by the general student
2-26 population.
2-27 (f) A court may not order a student expelled under this
3-1 section to attend regular classes as a condition of probation.
3-2 (g) A parent is entitled to receive the notices required by
3-3 this section only in connection with a student who is not an adult.
3-4 An adult student is entitled to receive the notices required by
3-5 this section on the student's own behalf.
3-6 (h) In this section:
3-7 (1) "Adult" means a person who:
3-8 (A) is over 18 years of age;
3-9 (B) is or has been married; or
3-10 (C) has had the disabilities of minority removed
3-11 for general purposes.
3-12 (2) "Parent" includes a legal guardian or person
3-13 standing in parental relationship to a student.
3-14 Sec. 21.3013. READMISSION OF EXPELLED STUDENTS. (a) The
3-15 parent of a student expelled under Section 21.3012 may petition the
3-16 school district that expelled the student for readmission of the
3-17 student into the district if the student is eligible to attend
3-18 school in the district under Section 21.031. If the student is no
3-19 longer eligible under Section 21.031 to attend school in the
3-20 district that expelled the student, the student's parent may
3-21 petition the school district in which the student is eligible to
3-22 attend school under Section 21.031 for readmission. A petition for
3-23 readmission may include supporting documents or proposed conditions
3-24 to be attached to a student's readmission. A petition for
3-25 readmission may be filed not earlier than:
3-26 (1) for a student enrolled in the fifth grade or below
3-27 at the time of expulsion, the 61st school day after the date of the
4-1 expulsion; or
4-2 (2) for a student enrolled in the sixth grade or above
4-3 at the time of expulsion, the 151st school day after the date of
4-4 expulsion.
4-5 (b) The Central Education Agency shall develop a form that
4-6 may be used by a parent in petitioning for readmission of a
4-7 student. A school district shall, if requested, provide a parent
4-8 with a copy of the form, but a district is not required to provide
4-9 any further assistance to a parent in preparing and filing a
4-10 petition.
4-11 (c) The board of trustees of a school district shall, not
4-12 later than the 10th school day after the date on which a petition
4-13 for readmission is filed with the district, appoint a committee to
4-14 review the petition and recommend action to the board. The
4-15 committee shall consist of:
4-16 (1) two members of the board;
4-17 (2) one school administrator;
4-18 (3) one classroom teacher; and
4-19 (4) one parent of a student enrolled in the district.
4-20 (d) The superintendent of a school district that receives a
4-21 petition for readmission may submit information to a committee
4-22 appointed under Subsection (c) concerning the expulsion and any
4-23 factors relevant to the committee's recommendation.
4-24 (e) A committee appointed under Subsection (c) shall, not
4-25 later than the 10th school day after the date on which all
4-26 committee members are appointed, review the petition and any
4-27 related materials and recommend to the board of trustees that the
5-1 student be readmitted unconditionally, readmitted with conditions,
5-2 or denied readmission. The committee's recommendation must include
5-3 a written explanation of the reasons for the recommendation and, if
5-4 applicable, proposed conditions to be attached to readmission. The
5-5 recommendation must be based on consideration of:
5-6 (1) the extent to which readmission of the student
5-7 would create a risk of harm to students or school employees;
5-8 (2) the extent to which readmission of the student
5-9 would create a risk of school district liability or individual
5-10 liability of members of the board of trustees or school employees;
5-11 (3) the age and maturity of the student;
5-12 (4) the student's school record before the incident
5-13 that caused the expulsion;
5-14 (5) the student's attitude concerning the incident
5-15 that caused the expulsion;
5-16 (6) the student's behavior since the expulsion and the
5-17 potential for correcting the student's behavior; and
5-18 (7) if the petition was filed by a student's parent,
5-19 the degree of cooperation and support that has been shown by the
5-20 parent and that can be expected if the student is readmitted,
5-21 including the parent's receptiveness toward potential conditions
5-22 attached to readmission.
5-23 (f) A board of trustees shall, not later than the next
5-24 regularly scheduled board meeting occurring after the board
5-25 receives a committee's recommendation under Subsection (e),
5-26 determine whether the student will be readmitted unconditionally,
5-27 readmitted with conditions, or denied readmission. The board's
6-1 decision is final. If a board readmits a student expelled under
6-2 this section, the board may not allow the student to enter school
6-3 and begin attending classes earlier than:
6-4 (1) for a student enrolled in the fifth grade or below
6-5 at the time of expulsion, the 91st school day after the date of the
6-6 expulsion; or
6-7 (2) for a student enrolled in the sixth grade or above
6-8 at the time of expulsion, the 181st school day after the date of
6-9 expulsion.
6-10 (g) A board of trustees may require a student or a student's
6-11 parent to agree in writing to specific conditions before the
6-12 district readmits the student. The conditions may include:
6-13 (1) a behavior contract, the parties to which may
6-14 include the student, the student's parent, and an outside agency;
6-15 (2) participation in or completion of an anger
6-16 management program or other appropriate counseling;
6-17 (3) periodic progress reviews; or
6-18 (4) specified immediate consequences that will occur
6-19 if the student or student's parent violates a specific condition.
6-20 (h) If the school district in which a student is eligible to
6-21 attend school under Section 21.031 declines to readmit the student
6-22 under Subsection (f), the student's parent may petition another
6-23 school district to readmit the student. The parent and other
6-24 school district must comply with the procedures provided by
6-25 Subsections (a)-(g). A school district that readmits a student
6-26 after a petition is filed under this subsection shall charge the
6-27 student tuition in an amount equal to the district's average
7-1 expenditure per student from local funds.
7-2 (i) A school district, member of the board of trustees, or
7-3 school employee that complies with this section and Section 21.3012
7-4 is not liable for damages arising from the expulsion of a student.
7-5 (j) This section and Section 21.3012 do not diminish the due
7-6 process rights under federal law of a student who has been
7-7 determined to be eligible for special education programs and
7-8 services.
7-9 (k) A parent may exercise the rights given by this section
7-10 only in connection with a student who is not an adult. An adult
7-11 student may exercise the rights given by this section on the
7-12 student's own behalf.
7-13 (l) In this section, "adult" and "parent" have the meanings
7-14 assigned by Section 21.3012(h).
7-15 SECTION 2. Sections 21.3011(b), (d), (e), and (j), Education
7-16 Code, are amended to read as follows:
7-17 (b) A student may be removed from class and expelled without
7-18 resort to an alternative education program under Section 21.301 of
7-19 this code if the student, on school property or while attending a
7-20 school-sponsored or school-related activity on or off of school
7-21 property:
7-22 (1) engages in conduct that contains the elements of
7-23 the offenses of assault under Section 22.01, Penal Code, or
7-24 aggravated assault under Section 22.02, Penal Code <assaults a
7-25 teacher or other individual>;
7-26 (2) sells, gives, or delivers to another person or
7-27 possesses or uses or is under the influence of:
8-1 (A) marihuana or a controlled substance, as
8-2 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
8-3 Section 801 et seq.; or
8-4 (B) a dangerous drug, as defined by Chapter 483,
8-5 Health and Safety Code;
8-6 (3) sells, gives, or delivers to another person an
8-7 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
8-8 Code, or commits a serious act or offense while under the influence
8-9 of alcohol; or on more than one occasion possesses, uses, or is
8-10 under the influence of an alcoholic beverage;
8-11 (4) <possesses a firearm as defined by Section
8-12 46.01(3), Penal Code, an illegal knife as defined by Section
8-13 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
8-14 Code, or a weapon listed as a prohibited weapon under Section
8-15 46.06, Penal Code;>
8-16 <(5)> engages in conduct that contains the elements of
8-17 an offense relating to abusable glue or aerosol paint under
8-18 Sections 485.031 through 485.035, Health and Safety Code, or
8-19 relating to volatile chemicals under Chapter 484, Health and Safety
8-20 Code;
8-21 <(6) engages in conduct that contains the elements of
8-22 the offense of arson under Section 28.02, Penal Code;>
8-23 (5) <(7)> engages in conduct that contains the
8-24 elements of the offense of criminal mischief under Section 28.03,
8-25 Penal Code, if the offense is punishable as a felony under that
8-26 section; or
8-27 (6) <(8)> engages in conduct that contains the
9-1 elements of the offense of public lewdness under Section 21.07,
9-2 Penal Code.
9-3 (d) The board or its designee shall set a term for an <the>
9-4 expulsion under this section.
9-5 (1) An <The> expulsion under this section may not
9-6 extend beyond the end of the school year unless the conduct
9-7 directly leading to the expulsion occurred during the final
9-8 six-week reporting period of the school year, in which case the
9-9 expulsion may extend beyond the end of the current school year but
9-10 not beyond the end of the first semester of the next school year.
9-11 (2) A pupil who is to be expelled for the first time
9-12 for possession, use, or for being under the influence of an
9-13 alcoholic beverage as defined in this section may not be expelled
9-14 beyond the end of the semester, unless the conduct directly leading
9-15 to the expulsion occurred during the final six-week reporting
9-16 period of a semester, which may result in expulsion not to extend
9-17 beyond the end of the next regular semester.
9-18 (e) Before an <the> expulsion, the board or its designee
9-19 must provide the student a hearing at which the student is afforded
9-20 appropriate due process as required by the federal constitution.
9-21 If the decision to expel a student is made by the board's designee,
9-22 the decision may be appealed to the board. The decision of the
9-23 board may be appealed by trial de novo to a state district court of
9-24 the county in which the school district's central administrative
9-25 office is located.
9-26 (j) If a court orders a student who has been expelled under
9-27 this section to attend school as a condition of probation, the
10-1 school district shall readmit the student, but the student is not
10-2 immune from suspension, removal to an alternative education
10-3 program, or expulsion during the term of the probation. If a
10-4 student is expelled under this section, the school district retains
10-5 the authority to place the student in the appropriate educational
10-6 setting.
10-7 SECTION 3. The Central Education Agency shall develop the
10-8 form required by Section 21.3013(b), Education Code, as added by
10-9 this Act, not later than December 1, 1995.
10-10 SECTION 4. This Act applies beginning with the 1995-1996
10-11 school year.
10-12 SECTION 5. The importance of this legislation and the
10-13 crowded condition of the calendars in both houses create an
10-14 emergency and an imperative public necessity that the
10-15 constitutional rule requiring bills to be read on three several
10-16 days in each house be suspended, and this rule is hereby suspended,
10-17 and that this Act take effect and be in force from and after its
10-18 passage, and it is so enacted.