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.