1-1 AN ACT
1-2 relating to public education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 7, Education Code, is
1-5 amended by adding Section 7.025 to read as follows:
1-6 Sec. 7.025. PARENTAL INVOLVEMENT DIVISION. (a) The agency
1-7 shall develop, implement, and administer programs and activities to
1-8 encourage and maintain parental involvement in public schools.
1-9 (b) The commissioner shall, to the greatest extent
1-10 practicable, attempt to consolidate all agency programs and
1-11 activities related to parental involvement to ensure greater and
1-12 easier access by parents and to ensure greater efficiency of agency
1-13 operations.
1-14 SECTION 2. Section 7.056(b), Education Code, is amended to
1-15 read as follows:
1-16 (b) A school campus or district seeking a waiver must submit
1-17 a written application to the commissioner not later than the 31st
1-18 day before the campus or district intends to take action requiring
1-19 a waiver. The application must include:
1-20 (1) a written plan approved by the board of trustees
1-21 of the district that states the achievement objectives of the
1-22 campus or district and the inhibition imposed on those objectives
1-23 by the requirement, restriction, or prohibition; and
1-24 (2) written comments and the signature of the
2-1 chairperson of [from] the appropriate campus- or district-level
2-2 committee established under Section 11.251 evidencing review of the
2-3 application by a majority of the members of the committee as
2-4 follows:
2-5 (A) in the case of an application by a district,
2-6 the chairperson of the district-level committee and of each
2-7 campus-level committee whose campus is affected by the waiver must
2-8 comment on and sign the application; and
2-9 (B) in the case of an application by a campus,
2-10 the chairperson of the campus-level committee for that campus must
2-11 comment on and sign the application.
2-12 SECTION 3. Subchapter A, Chapter 37, Education Code, is
2-13 amended by adding Section 37.0031 to read as follows:
2-14 Sec. 37.0031. LIMITING ASSIGNMENT OF CERTAIN STUDENTS TO
2-15 CLASS OF VICTIM. A student who has been adjudicated as having
2-16 engaged in delinquent conduct as defined under Section 51.03,
2-17 Family Code, that included violation of Section 21.11, 22.011, or
2-18 22.021, Penal Code, or who has been convicted of an offense under
2-19 one of those sections, may not be assigned to the same class as the
2-20 victim of that delinquent conduct or offense, as applicable,
2-21 without the consent of the victim's parent or of the victim, if the
2-22 victim is 18 years of age or older, unless the principal determines
2-23 that such a placement is the only alternative. The victim's parent
2-24 or the victim may appeal the principal's decision to the board of
2-25 trustees of the district. The decision of the board is final and
2-26 may not be appealed.
2-27 SECTION 4. Section 37.006, Education Code, is amended to
3-1 read as follows:
3-2 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
3-3 provided by Section 37.007(a)(3), a student shall be removed from
3-4 class and placed in an alternative education program under [as
3-5 provided by] Section 37.008 if the student [engages in conduct
3-6 punishable as a felony, or] commits the following on school
3-7 property or within 300 feet of school property, as measured from
3-8 any point on the school's real property boundary line, or while
3-9 attending a school-sponsored or school-related activity on or off
3-10 of school property:
3-11 (1) engages in conduct that contains the elements of
3-12 the offense of assault under Section 22.01(a)(1), Penal Code, or
3-13 terroristic threat under Section 22.07, Penal Code;
3-14 (2) sells, gives, or delivers to another person or
3-15 possesses or uses or is under the influence of:
3-16 (A) marihuana or a controlled substance, as
3-17 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
3-18 Section 801 et seq.; or
3-19 (B) a dangerous drug, as defined by Chapter 483,
3-20 Health and Safety Code;
3-21 (3) sells, gives, or delivers to another person an
3-22 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
3-23 Code, commits a serious act or offense while under the influence of
3-24 alcohol, or possesses, uses, or is under the influence of an
3-25 alcoholic beverage;
3-26 (4) engages in conduct that contains the elements of
3-27 an offense relating to abusable glue or aerosol paint under
4-1 Sections 485.031 through 485.035, Health and Safety Code, or
4-2 relating to volatile chemicals under Chapter 484, Health and Safety
4-3 Code; or
4-4 (5) engages in conduct that contains the elements of
4-5 the offense of public lewdness under Section 21.07, Penal Code, or
4-6 indecent exposure under Section 21.08, Penal Code.
4-7 (b) Except as provided by Section 37.007(c), a student shall
4-8 be removed from class and placed in an alternative education
4-9 program under Section 37.008 if the student engages in conduct that
4-10 contains the elements of the offense of retaliation under Section
4-11 36.06, Penal Code, against any school employee.
4-12 (c) A student shall be removed from class and placed in an
4-13 alternative education program under Section 37.008 if:
4-14 (1) the student receives deferred prosecution under
4-15 Section 53.03, Family Code, for conduct defined as a felony offense
4-16 under Title 5, Penal Code;
4-17 (2) a court or jury finds, under Section 54.03, Family
4-18 Code, that the student has engaged in delinquent conduct on the
4-19 basis of conduct defined as a felony offense under Title 5, Penal
4-20 Code; or
4-21 (3) the superintendent or the superintendent's
4-22 designee has a reasonable belief that the student has engaged in
4-23 conduct defined as a felony offense under Title 5, Penal Code.
4-24 (d) A student may be removed from class and placed in an
4-25 alternative education program under Section 37.008 if:
4-26 (1) the superintendent or the superintendent's
4-27 designee has a reasonable belief that the student has engaged in
5-1 conduct defined as a felony offense other than conduct defined as a
5-2 felony offense under Title 5, Penal Code; and
5-3 (2) the continued presence of the student in the
5-4 regular classroom threatens the safety of another student or a
5-5 teacher or will be detrimental to the educational process.
5-6 (e) In determining whether there is a reasonable belief that
5-7 a student has engaged in conduct defined as a felony offense other
5-8 than conduct defined as a felony offense under Title 5, Penal Code,
5-9 the superintendent or the superintendent's designee may consider
5-10 all available information, including the information furnished
5-11 under Article 15.27, Code of Criminal Procedure.
5-12 (f) The terms of a placement under this section must
5-13 prohibit the student from attending or participating in a
5-14 school-sponsored or school-related activity.
5-15 (g) On receipt of notice under Article 15.27(f), Code of
5-16 Criminal Procedure, the superintendent or the superintendent's
5-17 designee shall review the student's placement in the alternative
5-18 education program. The student may not be returned to the regular
5-19 classroom pending the review. The superintendent or the
5-20 superintendent's designee shall schedule a review of the student's
5-21 placement with the student's parent or guardian not later than the
5-22 third class day after the date the superintendent or
5-23 superintendent's designee receives notice from the office or
5-24 official designated by the court. After reviewing the notice and
5-25 receiving information from the student's parent or guardian, the
5-26 superintendent or the superintendent's designee may continue the
5-27 student's placement in the alternative education program if there
6-1 is reason to believe that the presence of the student in the
6-2 regular classroom threatens the safety of another student or a
6-3 teacher.
6-4 (h) The student or the student's parent or guardian may
6-5 appeal the decision of the superintendent or the superintendent's
6-6 designee under Subsection (g) to the board of trustees of the
6-7 district. The student may not be returned to the regular classroom
6-8 pending the appeal. The board of trustees shall, at the next
6-9 scheduled meeting of the board, review the notice provided under
6-10 Article 15.27(f), Code of Criminal Procedure, and receive
6-11 information from the student, the student's parent or guardian, and
6-12 the superintendent or superintendent's designee, and confirm or
6-13 reverse the decision under Subsection (g). The board shall make a
6-14 record of the proceedings. If the board confirms the decision of
6-15 the superintendent or superintendent's designee, the board shall
6-16 inform the student and the student's parent or guardian of the
6-17 right to appeal to the commissioner under Subsection (i).
6-18 (i) Notwithstanding Section 7.057(e), the decision of the
6-19 board of trustees under Subsection (h) may be appealed to the
6-20 commissioner under Section 7.057. The student may not be returned
6-21 to the regular classroom pending the appeal.
6-22 SECTION 5. Section 39.052, Education Code, is amended by
6-23 amending Subsections (b) and (c) and adding Subsection (d) to read
6-24 as follows:
6-25 (b) The report card shall include the following information
6-26 where applicable:
6-27 (1) the academic excellence indicators adopted under
7-1 Sections 39.051(b)(1) through (8);
7-2 (2) student/teacher ratios; [and]
7-3 (3) administrative and instructional costs per
7-4 student;
7-5 (4) the phone number of the agency's parental
7-6 involvement division; and
7-7 (5) the phone number at the agency to call for
7-8 information concerning assessment instruments under Section 39.023.
7-9 (c) Phone numbers required under Subsections (b)(4) and (5)
7-10 must be toll free to further encourage parental involvement.
7-11 (d) The commissioner shall adopt rules for requiring
7-12 dissemination of appropriate student performance portions of campus
7-13 report cards and the information required under Subsections (b)(4)
7-14 and (5) annually to the parent, guardian, conservator, or other
7-15 person having lawful control of each student at the campus. On
7-16 written request, the school district shall provide a copy of a
7-17 campus report card to any other party.
7-18 SECTION 6. Section 45.105(c), Education Code, is amended to
7-19 read as follows:
7-20 (c) Local school funds from district taxes, tuition fees of
7-21 students not entitled to a free education, [and] other local
7-22 sources, and state funds not designated for a specific purpose may
7-23 be used for the purposes listed for state and county funds and for
7-24 purchasing appliances and supplies, paying insurance premiums,
7-25 paying janitors and other employees, buying school sites, and
7-26 buying, building, repairing, and renting school buildings,
7-27 including acquiring school buildings and sites by leasing through
8-1 annual payments with an ultimate option to purchase, and [paying]
8-2 for other purposes [goods and services] necessary in the conduct of
8-3 the public schools determined by the board of trustees. The
8-4 accounts and vouchers for county districts must be approved by the
8-5 county superintendent. If the state available school fund in any
8-6 municipality or district is sufficient to maintain the schools in
8-7 any year for at least eight months and leave a surplus, the surplus
8-8 may be spent for the purposes listed in this subsection.
8-9 SECTION 7. Article 15.27, Code of Criminal Procedure, is
8-10 amended to read as follows:
8-11 Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED. (a) A law
8-12 enforcement agency that arrests or refers to the office or official
8-13 designated by the juvenile court [takes into custody as provided by
8-14 Chapter 52, Family Code,] an individual who the agency [knows or]
8-15 believes is enrolled as a student in a public primary or secondary
8-16 school, for a felony [an] offense [listed in Subsection (h) of this
8-17 article], shall attempt to ascertain whether the individual is
8-18 enrolled. If the law enforcement agency ascertains that the
8-19 individual is enrolled as a student in a public primary or
8-20 secondary school, the agency shall orally notify the superintendent
8-21 or a person designated by the superintendent in the school district
8-22 in which the student is enrolled [or believed to be enrolled] of
8-23 that arrest or referral [detention] within 24 hours after the
8-24 arrest or referral is made [detention], or on the next school day.
8-25 If the law enforcement agency cannot ascertain whether the
8-26 individual is enrolled as a student, the agency shall orally notify
8-27 the superintendent or a person designated by the superintendent in
9-1 the school district in which the student is believed to reside of
9-2 that arrest or detention within 24 hours after the arrest or
9-3 detention, or on the next school day. If the individual is a
9-4 student, the [The] superintendent shall promptly notify all
9-5 instructional and support personnel who are responsible for the
9-6 supervision of [have regular contact with] the student. All
9-7 personnel shall keep the information received in this subsection
9-8 confidential. The State Board for Educator Certification may
9-9 revoke or suspend the certification of personnel who intentionally
9-10 violate this subsection. Within seven days after the date the oral
9-11 notice is given, the law enforcement agency shall mail written
9-12 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
9-13 envelope, to the superintendent or the person designated by the
9-14 superintendent. Both the oral and written notice must contain
9-15 sufficient details of the arrest or referral and each act allegedly
9-16 committed by the student to enable the superintendent or the
9-17 superintendent's designee to determine whether there is a
9-18 reasonable belief that the student has engaged in conduct defined
9-19 as a felony offense under the Penal Code. The information
9-20 contained in the notice may be considered by the superintendent or
9-21 the superintendent's designee in making the determination. [The
9-22 written notification must have the following printed on its face in
9-23 large, bold letters: "WARNING: The information contained in this
9-24 notice is intended only to inform appropriate school personnel of
9-25 an arrest or detention of a student believed to be enrolled in this
9-26 school. An arrest or detention should not be construed as proof
9-27 that the student is guilty. Guilt is determined in a court of law.
10-1 THE INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"]
10-2 (b) On conviction or on an adjudication of delinquent
10-3 conduct of an individual enrolled as a student in a public primary
10-4 or secondary school, for a felony [an] offense [or for any conduct
10-5 listed in Subsection (h) of this article], the office of the
10-6 prosecuting attorney acting in the case shall orally notify the
10-7 superintendent or a person designated by the superintendent in the
10-8 school district in which the student is enrolled of the conviction
10-9 or adjudication. Oral notification must be given within 24 hours
10-10 of the time of the determination of guilt, or on the next school
10-11 day. The superintendent shall promptly notify all instructional
10-12 and support personnel who are responsible for the supervision of
10-13 the student. Within seven days after the date the oral notice is
10-14 given, the office of the prosecuting attorney shall mail written
10-15 notice, which must contain a statement of the offense of which the
10-16 individual is convicted or on which the adjudication is grounded.
10-17 (c) A parole or probation office having jurisdiction over a
10-18 student described by Subsection (a), (b), or (d) [(e) of this
10-19 article] who transfers from a school or is subsequently removed
10-20 from a school and later returned to a school or school district
10-21 other than the one the student was enrolled in when the arrest,
10-22 referral to a juvenile court [detention], conviction, or
10-23 adjudication occurred shall notify the new school officials of the
10-24 arrest or referral [detention] in a manner similar to that provided
10-25 for by Subsection (a) or (d)(1) [(e)(1) of this article], or of the
10-26 conviction or delinquent adjudication in a manner similar to that
10-27 provided for by Subsection (b) or (d)(2) [(e)(2) of this article].
11-1 The new school officials shall promptly notify all instructional
11-2 and support personnel who are responsible for the supervision of
11-3 the student.
11-4 (d) [The superintendent or a person designated by the
11-5 superintendent in the school district may send to a school district
11-6 employee having direct supervisory responsibility over the student
11-7 the information contained in the confidential notice if the
11-8 superintendent or the person designated by the superintendent
11-9 determines that the school district employee needs the information
11-10 for educational purposes or for the protection of the person
11-11 informed or others.]
11-12 [(e)](1) A law enforcement agency that arrests or refers to
11-13 a juvenile court under Chapter 52, Family Code, [detains] an
11-14 individual who [that] the law enforcement agency knows or believes
11-15 is enrolled as a student in a private primary or secondary school
11-16 shall make the oral and written notifications described by
11-17 Subsection (a) [of this article] to the principal or a school
11-18 employee designated by the principal of the school in which the
11-19 student is enrolled.
11-20 (2) On conviction or an adjudication of delinquent
11-21 conduct of an individual enrolled as a student in a private primary
11-22 or secondary school, the office of prosecuting attorney shall make
11-23 the oral and written notifications described by Subsection (b) [of
11-24 this article] to the principal or a school employee designated by
11-25 the principal of the school in which the student is enrolled.
11-26 (3) The principal of a private school in which the
11-27 student is enrolled or a school employee designated by the
12-1 principal may send to a school employee having direct supervisory
12-2 responsibility over the student the information contained in the
12-3 confidential notice[, for the same purposes as described by
12-4 Subsection (d) of this article].
12-5 (e) [(f)] A person who receives information under this
12-6 article may not disclose the information except as specifically
12-7 authorized by this article. A person who intentionally violates
12-8 this article commits an offense. An offense under this subsection
12-9 is a Class C misdemeanor.
12-10 (f) The office of the prosecuting attorney or the office or
12-11 official designated by the juvenile court shall within two working
12-12 days after the action notify the school district that removed a
12-13 student to an alternative education program under Sections 37.006
12-14 and 37.008, Education Code, if:
12-15 (1) prosecution of the student's case was refused for
12-16 lack of prosecutorial merit or insufficient evidence and a formal
12-17 proceeding, deferred adjudication, or deferred prosecution will not
12-18 be initiated; or
12-19 (2) the court or a jury found the student not guilty
12-20 or made a finding that the student did not engage in delinquent
12-21 conduct or conduct indicating a need for supervision, and the case
12-22 was dismissed with prejudice.
12-23 [(g) On receipt of a notice under this article, a school
12-24 official may take the precautions necessary to prevent further
12-25 violence in the school, on school property, or at school-sponsored
12-26 or school-related activities on or off school property, but may not
12-27 penalize a student solely because a notification is received about
13-1 the student.]
13-2 [(h) This article applies to:]
13-3 [(1) an offense listed in Section 8(c), Article 42.18,
13-4 Code of Criminal Procedure; reckless conduct, as described by
13-5 Section 22.05, Penal Code; or a terroristic threat, as described by
13-6 Section 22.07, Penal Code;]
13-7 [(2) the unlawful use, sale, or possession of a
13-8 controlled substance, drug paraphernalia, or marihuana, as defined
13-9 by Chapter 481, Health and Safety Code;]
13-10 [(3) the unlawful possession of any of the weapons or
13-11 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
13-12 weapon listed as a prohibited weapon under Section 46.05, Penal
13-13 Code; or]
13-14 [(4) a criminal offense under Section 71.02, Penal
13-15 Code.]
13-16 SECTION 8. The amendment to Sections 39.052(b) and (d),
13-17 Education Code, by this Act, applies to campus report cards for the
13-18 1997-1998 school year and each school year thereafter.
13-19 SECTION 9. This Act takes effect September 1, 1997.
13-20 SECTION 10. The importance of this legislation and the
13-21 crowded condition of the calendars in both houses create an
13-22 emergency and an imperative public necessity that the
13-23 constitutional rule requiring bills to be read on three several
13-24 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 583 was passed by the House on May
13, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 583 on May 24, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 583 on June 1, 1997, by a
non-record vote; and that the House adopted H.C.R. No. 337
authorizing certain corrections in H.B. No. 583 on June 2, 1997, by
a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 583 was passed by the Senate, with
amendments, on May 22, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 583 on June 1, 1997, by
a viva-voce vote; and that the Senate adopted H.C.R. No. 337
authorizing certain corrections in H.B. No. 583 on June 2, 1997, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor