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.