By Shields                                            H.B. No. 2259
       74R1728 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to discipline in public school classrooms.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 21.301(k) and (l), Education Code, are
    1-5  amended to read as follows:
    1-6        (k)  A teacher may send a student to the principal's office
    1-7  in order to maintain effective discipline in the classroom.  The
    1-8  principal shall respond by employing appropriate discipline
    1-9  management techniques consistent with local policy except that
   1-10  without the teacher's consent, the principal may not return the
   1-11  student to that teacher's classroom before the expiration of a
   1-12  six-week period beginning on the date the teacher sends the student
   1-13  to the principal's office.  Notwithstanding Subsection (b), if
   1-14  there is not another appropriate classroom, based on grade level
   1-15  and course, in which to place the student, the student may be
   1-16  placed in an alternative education program for a six-week period.
   1-17        (l)  A teacher may remove from class a student who has been
   1-18  documented by the teacher to repeatedly interfere with the
   1-19  teacher's ability to communicate effectively with the students in
   1-20  the class.  The student may not return to that teacher's class
   1-21  before the expiration of a six-week period beginning on the date
   1-22  the teacher removes the student from class.  Not later than the
   1-23  third class day after the day on which the student is removed from
   1-24  the class, the principal shall schedule a hearing among the
    2-1  principal or the principal's designee, a parent or guardian of the
    2-2  student, the teacher, and the student.  Following the hearing, and
    2-3  whether or not all requested parties are in attendance after valid
    2-4  attempts to require their attendance, the principal shall:
    2-5              (1)  suspend the student <pupil> for a period
    2-6  consistent with local policy, not to exceed six school days;
    2-7              (2)  <,>place the student in an alternative education
    2-8  program; <,> or
    2-9              (3)  place the student <back> in another <the> class.
   2-10  <If the student is removed a second time under this subsection
   2-11  within the same semester, the student may be returned to that class
   2-12  only by action of the superintendent at the principal's request.
   2-13  If the student is removed a third or subsequent time under this
   2-14  subsection within the same semester, the student may be returned to
   2-15  that class only by action of the district's board of trustees at
   2-16  the request of the superintendent.>
   2-17        SECTION 2.  Section 21.3011(f), Education Code, is amended to
   2-18  read as follows:
   2-19        (f)  A teacher may remove from class and recommend for
   2-20  expulsion a student who engages in conduct for which a student may
   2-21  be expelled under Subsection (b) or (c) of this section.  If a
   2-22  teacher recommends a student for expulsion, the board or its
   2-23  designee shall conduct a hearing under Subsection (e) of this
   2-24  section.  If the board or its designee decides not to expel the
   2-25  student:
   2-26              (1)  the student may not be returned to the teacher's
   2-27  class until the expiration of a six-week period beginning on the
    3-1  date on which the teacher removes the student from class; and
    3-2              (2)  if the student is again recommended for expulsion
    3-3  <by the teacher> during the same school year, the hearing under
    3-4  Subsection (e) of this section may be conducted only by the board.
    3-5        SECTION 3.  This Act applies beginning with the 1995-1996
    3-6  school year.
    3-7        SECTION 4.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.