By Hernandez                                          H.B. No. 2378
       74R4142 KKA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to programs for public school students with certain
    1-3  disciplinary problems; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter I, Chapter 21, Education Code, is
    1-6  amended by adding Sections 21.3012 and 21.3013 to read as follows:
    1-7        Sec. 21.3012.  ALTERNATIVE PROGRAM FOR SERIOUS OFFENDERS.
    1-8  (a)  A school district may place a student in a serious offender
    1-9  program as an alternative to expulsion if the student, on school
   1-10  property or while attending a school-sponsored or school-related
   1-11  activity on or off school property:
   1-12              (1)  engages in conduct that contains the elements of
   1-13  the offense of assault, sexual assault, aggravated assault, or
   1-14  aggravated sexual assault under Section 22.01, 22.011, 22.02, or
   1-15  22.021, Penal Code;
   1-16              (2)  sells, gives, or delivers to another person or
   1-17  possesses or uses or is under the influence of:
   1-18                    (A)  marihuana or a controlled substance, as
   1-19  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
   1-20  Section 801 et seq.; or
   1-21                    (B)  a dangerous drug, as defined by Chapter 483,
   1-22  Health and Safety Code;
   1-23              (3)  possesses a firearm as defined by Section
   1-24  46.01(3), Penal Code, an illegal knife as defined by school
    2-1  district policy or Section 46.01(6), Penal Code, a club as defined
    2-2  by Section 46.01(1), Penal Code, or a weapon listed as a prohibited
    2-3  weapon under Section 46.05, Penal Code;
    2-4              (4)  engages in conduct that contains the elements of
    2-5  the offense of arson under Section 28.02, Penal Code;
    2-6              (5)  engages in conduct that contains the elements of
    2-7  the offense of criminal mischief under Section 28.03, Penal Code,
    2-8  if the offense is punishable as a felony under that section; or
    2-9              (6)  engages in conduct that contains the elements of
   2-10  the offense of public lewdness under Section 21.07, Penal Code.
   2-11        (b)  Except as provided by Subsection (c), before a school
   2-12  district places a student in a serious offender program, the
   2-13  district must provide the student with a hearing before the
   2-14  superintendent or the superintendent's designee at which the
   2-15  student is afforded appropriate due process as required by the
   2-16  federal constitution.
   2-17        (c)  A school district may immediately place a student in a
   2-18  serious offender program under the emergency removal provisions of
   2-19  Section 21.301(l).  Promptly after placing a student in a serious
   2-20  offender program under this subsection, the district must provide
   2-21  the hearing required by Subsection (b).
   2-22        (d)  A student placed in a serious offender program may
   2-23  appeal the placement to the board of trustees.  The decision of the
   2-24  board may be appealed by trial de novo to a district court of the
   2-25  county in which the school district's central administrative office
   2-26  is located.  The student shall remain in a serious offender program
   2-27  pending all appeals.
    3-1        (e)  A student placed in a serious offender program shall
    3-2  remain in the program for an indefinite period.  An independent
    3-3  committee shall determine whether the student should be returned to
    3-4  the regular education program according to minimum criteria adopted
    3-5  by the State Board of Education relating to the student's behavior,
    3-6  academic performance, and attendance and other criteria, if any,
    3-7  set by the school district.  An independent committee must include
    3-8  teachers, counselors, the principal of the school from which the
    3-9  student was placed in a serious offender program, the principal of
   3-10  the alternative school in which the student was placed, and the
   3-11  student's parent or guardian.
   3-12        (f)  The superintendent of a school district or the
   3-13  superintendent's designee shall deliver a copy of an order placing
   3-14  a student in a serious offender program to the student and the
   3-15  student's parent or guardian.  The superintendent or designee shall
   3-16  also deliver a copy of the order to:
   3-17              (1)  an authorized officer of the juvenile court in the
   3-18  county in which the student resides, if the student is a child, as
   3-19  defined by Section 51.02, Family Code;
   3-20              (2)  an authorized officer of the Texas Department of
   3-21  Human Services in the county in which the student resides, if the
   3-22  student is younger than the minimum age of a child, as defined by
   3-23  Section 51.02, Family Code; or
   3-24              (3)  an authorized officer of the local law enforcement
   3-25  agency in the municipality in which the student resides or the
   3-26  sheriff of the county in which the student resides if the student
   3-27  does not reside in a municipality, if the student is older than the
    4-1  maximum age of a child, as defined by Section 51.02, Family Code.
    4-2        (g)  An officer who receives a copy of an order under
    4-3  Subsection (f) shall:
    4-4              (1)  determine if a petition should be filed alleging
    4-5  that the student is in need of supervision beyond that provided by
    4-6  the serious offender program;
    4-7              (2)  determine if the student should be referred to an
    4-8  appropriate state agency; and
    4-9              (3)  notify the superintendent or the superintendent's
   4-10  designee if a petition is filed or a referral is made.
   4-11        (h)  A student who is on probation or parole for an offense
   4-12  listed in Subsection (a) or who has been charged with or indicted
   4-13  for an offense listed in Subsections (a)(1)-(3), may be placed in a
   4-14  district's serious offender program after a due process hearing
   4-15  under Subsection (b) is held at the district, regardless of whether
   4-16  the offense occurred on school property or while attending a
   4-17  school-sponsored or school-related activity.
   4-18        (i)  If, after being placed in a serious offender program by
   4-19  a school district, a student enrolls in another school district,
   4-20  the district that placed the student in the serious offender
   4-21  program must provide the receiving school district with copies of
   4-22  the student's records and a copy of the order for placement in the
   4-23  serious offender program.  The receiving district may continue to
   4-24  place the student in its serious offender program or may determine
   4-25  the appropriate placement for the student.
   4-26        (j)  A school district must inform each teacher of a student
   4-27  who has engaged in conduct listed in Subsection (a) as necessary.
    5-1  A teacher shall keep information received under this subsection
    5-2  confidential and may not communicate the information to another
    5-3  person.  A teacher who intentionally violates this subsection
    5-4  commits an offense.  An offense under this subsection is a Class C
    5-5  misdemeanor.
    5-6        Sec. 21.3013.  LOW-RISK AND PREVENTION PROGRAMS.  (a)  A
    5-7  school district may apply to the commissioner of education for
    5-8  approval and funding of a low-risk program or prevention program.
    5-9        (b)  The commissioner shall award funds appropriated for the
   5-10  purposes of this section on a competitive basis.
   5-11        (c)  A low-risk program must be designed to return a student
   5-12  without a history of violent behavior to the regular education
   5-13  program  and must include counseling services and an individualized
   5-14  education program.
   5-15        (d)  A prevention program must provide peer mediation,
   5-16  counseling, and instruction in conflict resolution skills to all
   5-17  students, with an emphasis on those students who repeatedly disrupt
   5-18  the classroom.
   5-19        SECTION 2.  Section 16.152(c), Education Code, is amended to
   5-20  read as follows:
   5-21        (c)  Funds allocated under this section, other than an
   5-22  indirect cost allotment established under State Board of Education
   5-23  rule, which shall not exceed 15 percent, must be used in providing
   5-24  remedial and compensatory education programs under Section 21.557
   5-25  of this code or low-risk or prevention programs under Section
   5-26  21.3013 of this code, and the district must account for the
   5-27  expenditure of state funds by program and by campus.  Funds
    6-1  allocated under this section, other than the indirect cost
    6-2  allotment, shall only be expended to improve and enhance programs
    6-3  and services funded under the regular education program.
    6-4        SECTION 3.  Subchapter D, Chapter 16, Education Code, is
    6-5  amended by adding Section 16.154 to read as follows:
    6-6        Sec. 16.154.  SERIOUS OFFENDER ALLOTMENT.  (a)   For each
    6-7  student in average daily attendance in a serious offender program
    6-8  under Section 21.3012, a school district is entitled to an annual
    6-9  allotment equal to the adjusted basic allotment multiplied by 1.75.
   6-10        (b)  Funds allocated under this section, other than an
   6-11  indirect cost allotment established under State Board of Education
   6-12  rule, must be used in providing a serious offender program under
   6-13  Section 21.3012.
   6-14        SECTION 4.  Sections 21.301(b), (d), (g), and (l), Education
   6-15  Code, are amended to read as follows:
   6-16        (b)  Before it may suspend a student or remove a student to
   6-17  an alternative education program under this section, the board or
   6-18  the board's designee must determine:
   6-19              (1)  that the student's presence in the regular
   6-20  classroom program or at the home campus presents a danger of
   6-21  physical harm to the student or to other individuals; or
   6-22              (2)  that the student has engaged in serious or
   6-23  persistent misbehavior that violates the district's previously
   6-24  communicated standards of student conduct.
   6-25        (d)  Except as provided by this subsection, removal to a
   6-26  supervised alternative education setting under this section may not
   6-27  extend beyond the end of the semester during which the conduct that
    7-1  directly led to the removal occurred.  If the conduct occurred
    7-2  during the final six-week reporting period of a semester, the
    7-3  removal may extend beyond the end of that semester but may not
    7-4  extend beyond the end of the next semester.  The board may permit
    7-5  the student to remain in the alternative program for an additional
    7-6  period agreed on by the student, the student's parent or guardian,
    7-7  the supervisor of the alternative program, and the principal of the
    7-8  student's home school if they agree that the additional period
    7-9  would best serve the student's educational interest.  This
   7-10  subsection does not apply to the placement of a student with
   7-11  disabilities in an alternative program in accordance with the
   7-12  decision of an admission, review, and dismissal committee.
   7-13        (g)  The board or the board's designee shall provide for the
   7-14  continuing education of a student who has been removed to an
   7-15  alternative education program under this section.  A district shall
   7-16  provide for one or more alternative education programs under this
   7-17  section such as:
   7-18              (1)  in-school suspension;
   7-19              (2)  transfer to a different campus;
   7-20              (3)  transfer to a school-community guidance center; or
   7-21              (4)  transfer to a community-based alternative school.
   7-22        (l)  A teacher may remove from class a student who has been
   7-23  documented by the teacher to repeatedly interfere with the
   7-24  teacher's ability to communicate effectively with the students in
   7-25  the class.  Not later than the third class day after the day on
   7-26  which the student is removed from the class, the principal shall
   7-27  schedule a hearing among the principal or the principal's designee,
    8-1  a parent or guardian of the student, the teacher, and the student.
    8-2  Following the hearing, and whether or not all requested parties are
    8-3  in attendance after valid attempts to require their attendance, the
    8-4  principal shall suspend the pupil for a period consistent with
    8-5  local policy, not to exceed six school days, place the student in
    8-6  an alternative education program under this section, or place the
    8-7  student back in the class.  If the student is removed a second time
    8-8  under this subsection within the same semester, the student may be
    8-9  returned to that class only by action of the superintendent at the
   8-10  principal's request.  If the student is removed a third or
   8-11  subsequent time under this subsection within the same semester, the
   8-12  student may be returned to that class only by action of the
   8-13  district's board of trustees at the request of the superintendent.
   8-14        SECTION 5.  Sections 21.3011(b), (c), and (i), Education
   8-15  Code, are amended to read as follows:
   8-16        (b)  A student may be removed from class and expelled without
   8-17  resort to an alternative education program under Section 21.301 or
   8-18  21.3012 of this code if the student, on school property or while
   8-19  attending a school-sponsored or school-related activity on or off
   8-20  of school property:
   8-21              (1)  assaults a teacher or other individual;
   8-22              (2)  sells, gives, or delivers to another person or
   8-23  possesses or uses or is under the influence of:
   8-24                    (A)  marihuana or a controlled substance, as
   8-25  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
   8-26  Section 801 et seq.; or
   8-27                    (B)  a dangerous drug, as defined by Chapter 483,
    9-1  Health and Safety Code;
    9-2              (3)  sells, gives, or delivers to another person an
    9-3  alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
    9-4  Code, or commits a serious act or offense while under the influence
    9-5  of alcohol; or on more than one occasion possesses, uses, or is
    9-6  under the influence of an alcoholic beverage;
    9-7              (4)  possesses a firearm as defined by Section
    9-8  46.01(3), Penal Code, an illegal knife as defined by Section
    9-9  46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
   9-10  Code, or a weapon listed as a prohibited weapon under Section 46.05
   9-11  <46.06>, Penal Code;
   9-12              (5)  engages in conduct that contains the elements of
   9-13  an offense relating to abusable glue or aerosol paint under
   9-14  Sections 485.031 through 485.035, Health and Safety Code, or
   9-15  relating to volatile chemicals under Chapter 484, Health and Safety
   9-16  Code;
   9-17              (6)  engages in conduct that contains the elements of
   9-18  the offense of arson under Section 28.02, Penal Code;
   9-19              (7)  engages in conduct that contains the elements of
   9-20  the offense of criminal mischief under Section 28.03, Penal Code,
   9-21  if the offense is punishable as a felony under that section; or
   9-22              (8)  engages in conduct that contains the elements of
   9-23  the offense of public lewdness under Section 21.07, Penal Code.
   9-24        (c)  A student who, after having been placed in an
   9-25  alternative education program under Section 21.301 or 21.3012 of
   9-26  this code, continues to engage in serious or persistent misbehavior
   9-27  that violates the district's previously communicated written
   10-1  standards of student conduct may be removed from class and
   10-2  expelled.
   10-3        (i)  Each school district shall provide each teacher and
   10-4  administrator with a copy of Sections <Section> 21.301 and 21.3012
   10-5  and this section of this code and with a copy of the local policies
   10-6  relating to the sections.
   10-7        SECTION 6.  This Act applies beginning with the 1995-1996
   10-8  school year.
   10-9        SECTION 7.  The importance of this legislation and the
  10-10  crowded condition of the calendars in both houses create an
  10-11  emergency and an imperative public necessity that the
  10-12  constitutional rule requiring bills to be read on three several
  10-13  days in each house be suspended, and this rule is hereby suspended,
  10-14  and that this Act take effect and be in force from and after its
  10-15  passage, and it is so enacted.