Amend CSHB 583 by inserting at the appropriate location and
renumbering SECTIONs accordingly:
SECTION ____. Section 37.006, Education Code, is amended to
read as follows:
Sec. 37.006. ]SREMOVAL FOR CERTAIN CONDUCT . (a) Except as
provided by Section 37.007(a)(3), a student shall be removed from
class and placed in an alternative education program as provided by
Section 37.008 if the <engages in conduct punishable as a felony,
or> student commits the following on or within 300 feet of school
property, as measured from any point on the school's real property
boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(1) engages in conduct that contains the elements of
the offense of assault under Section 22.01(a)(1), Penal Code, or
terroristic threat under Section 22.07, Penal Code;
(2) sells, gives, or delivers to another person or
possesses or uses or is under the influence of:
(A) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(B) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) sells, gives, or delivers to another person an
alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
Code, commits a serious act or offense while under the influence of
alcohol, or possesses, uses, or is under the influence of an
alcoholic beverage;
(4) engages in conduct that contains the elements of
an offense relating to abusable glue or aerosol paint under
Sections 485.031 through 485.035, Health and Safety Code, or
relating to volatile chemicals under Chapter 484, Health and Safety
Code; or
(5) engages in conduct that contains the elements of
the offense of public lewdness under Section 21.07, Penal Code, or
indecent exposure under Section 21.08, Penal Code.
(b) Except as provided by Section 37.007(c), a student shall
be removed from class and placed in an alternative education
program under Section 37.008 if the student engages in conduct that
contains the elements of the offense of retaliation under Section
36.06, Penal Code, against any school employee.
(c) A student shall be removed from class and placed in an
alternative education program under Section 37.008 if:
(1) the student receives deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code;
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
(3) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in a
conduct defined as a felony offense in Title 5, Penal Code.
(d) A student may be removed from class and placed in an
alternative education program if:
(1) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in
conduct defined as a felony offense other than those defined in
Title 5, Penal Code, and
(2) the continued presence of the student in the
regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
(e) In determining whether there is a reasonable belief that
a student has engaged in conduct defined as a felony offense by the
Penal Code, the superintendent or the superintendent's designee may
consider all available information, including the information
furnished under Article 15.27 of the Code of Criminal Procedure.
(f) The terms of a placement under this section must
prohibit the student from attending or participating in a
school-sponsored or school-related activity.
(g) Upon receipt of notice under Subsection (g), Article
15.27, Code of Criminal Procedure, the superintendent or the
superintendent's designee shall review the student's placement in
the alternative education program. The student may not be returned
to the regular classroom pending the review. The superintendent or
the superintendent's designee shall schedule a review of the
student's placement with the student's parent or guardian not later
than the third class day after the superintendent or
superintendent's designee receives notice from the office or
official designated by the court. After reviewing the notice and
receiving information from the student's parent or guardian, the
superintendent or the superintendent's designee may continue the
student's placement in the alternative education program if there
is reason to believe that the presence of the student in the
regular classroom threatens the safety of other students or
teachers.
(h) The student or the student's parent or guardian may
appeal the superintendent's decision under subsection (g) of this
section to the board of trustees. The student may not be returned
to the regular classroom pending the appeal. The board shall, at
the next scheduled meeting, review the notice provided under
Subsection (g), Article 15.27, Code of Criminal Procedure, and
receive information from the student, the student's parent or
guardian, and the superintendent or superintendent's designee, and
confirm or reverse the decision under subsection (g) of this
section. The board shall make a record of the proceedings. If the
board confirms the decision of the superintendent or
superintendent's designee, the board shall inform the student and
the student's parent or guardian of the right to appeal to the
commissioner under subsection (i) of this section.
(i) The decision of the board of trustees under subsection
(h) of this section may be appealed to the commissioner as provided
by Sections 7.057(b), (c), (d), and (f) of this Title. The student
may not be returned to the regular classroom pending the appeal.
SECTION ____. Subsections (a), (c), and (h), Article 15.27,
Code of Criminal Procedure, are amended to read as follows:
(a) A law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile
court <takes into custody as provided by Chapter 52, Family Code,
an individual> who the agency knows or believes is enrolled as a
student in a public primary or secondary school, for an offense
listed in Subsection (h) <of this article>, shall orally notify the
superintendent or a person designated by the superintendent in the
school district in which the student is enrolled or believed to be
enrolled of that arrest or referral <detention> within 24 hours
after the arrest or referral is made <detention>, or on the next
school day. The superintendent shall promptly notify all
instructional and support personnel who have responsibility for
supervision of <regular contact with> the student. All personnel
shall keep the information received in this subsection
confidential. The State Board for Educator Certification may
revoke or suspend the certification of personnel who intentionally
violate this subsection. Within seven days after the date the oral
notice is given, the law enforcement agency shall mail written
notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
envelope, to the superintendent or the person designated by the
superintendent. Both the oral and written notice shall contain
sufficient details of the referral or arrest and the acts allegedly
committed by the student to enable the superintendent or the
superintendent's designee to determine whether there is a
reasonable belief that the student has engaged in conduct defined
as a felony offense by the Penal Code. The information contained
in the notice may be considered by the superintendent or the
superintendent's designee in making such a determination. <The
written notification must have the following printed on its face in
large, bold letters: "WARNING: The information contained in this
notice is intended only to inform appropriate school personnel of
an arrest or detention of a student believed to be enrolled in this
school. An arrest or detention should not be construed as proof
that the student is guilty. Guilt is determined in a court of law.
THE INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!">
(c) A parole or probation office having jurisdiction over a
student described by Subsection (a), (b), or (e) <of this article>
who transfers from a school or is subsequently removed from a
school and later returned to a school or school district other than
the one the student was enrolled in when the arrest, referral to a
juvenile court <detention> conviction, or adjudication occurred
shall notify the new school officials of the arrest or referral
<detention> in a manner similar to that provided for by Subsection
(a) or (e)(1) <of this article>, or of the conviction or delinquent
adjudication in a manner similar to that provided for by Subsection
(b) or (e)(2) of this article.
(h) This article applies to any felony offense<an offense
listed in Section 8(c), Article 42.18, Code of Criminal Procedure;
reckless conduct, as described by Section 22.05, Penal Code; or a
terroristic threat, as described by Section 22.07, Penal Code;>
<(2) the unlawful use, sale or possession of a
controlled substance, drug paraphernalia, or marihuana, as defined
by Chapter 481, Health and Safety Code;>
<(3) the unlawful possession of any of the weapons or
devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
weapon listed as a prohibited weapon under Section 46.05, Penal
Code; or>
<(4) a criminal offense under Section 71.02, Penal
Code>.
SECTION ____. Amend Subsection (g), Article 1527, Code of
Criminal Procedure to read as follows:
(g) <On receipt of notice under this article, a school
official may take the precautions necessary to prevent further
violence in the school, on school property, or at school sponsored
or school-related activities on or off school property, but may not
penalize a student solely because a notification is received about
the student.> The office of the prosecuting attorney or the office
or official designated by the juvenile court shall within two
working days notify the school district that removed a student to
an alternative education program under Section 37,006, Education
Code, if:
(1) prosecution of the student's case was refused for
lack of prosecutorial merit or insufficient evidence and no formal
proceedings, deferred adjudication, of deferred prosection will be
initiated; or
(2) the court or jury found the student not guilty or
made a finding the child did not engage in delinquent conduct or
conduct indicating a need for supervision and the case was
dismissed with prejudice.
SECTION ____. Subsection (e)(1), Article 15.27, Code of
Criminal Procedure, is amended to read as follows:
(1) A law enforcement agency that arrests, or refers
to a juvenile court under Chapter 52, Family Code, <detains> an
individual who <that> the law enforcement agency knows or believes
is enrolled as a student in a private primary or secondary school,
shall make the oral and written notifications described by
Subsection (a) <of this article> to the principal or a school
employee designated by the principal of the school in which the
student is enrolled.
SECTION ____. The above SECTIONs take effect beginning with
the 1997-1998 school year.
RATLIFF
BIVINS