1-1 By: Bivins S.B. No. 133
1-2 (In the Senate - Filed December 16, 1996; January 14, 1997,
1-3 read first time and referred to Committee on Education;
1-4 March 24, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; March 24, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 133 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the placement of a student in an alternative education
1-11 program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 37.006, Education Code, is amended to
1-14 read as follows:
1-15 Sec. 37.006. Removal for Certain Conduct. (a) Except as
1-16 provided by Section 37.007(a)(3), a student shall be removed from
1-17 class and placed in an alternative education program as provided by
1-18 Section 37.008 if the student [engages in conduct punishable as a
1-19 felony, or] commits the following on or within 300 feet of school
1-20 property, as measured from any point on the school's real property
1-21 bounty line, or while attending a school-sponsored or
1-22 school-related activity on or off of school property:
1-23 (1) engages in conduct that contains the elements of
1-24 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-25 terroristic threat under Section 22.07, Penal Code;
1-26 (2) sells, gives, or delivers to another person or
1-27 possesses or uses or is under the influence of:
1-28 (A) marihuana or a controlled substance, as
1-29 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-30 Section 801 et seq.; or
1-31 (B) a dangerous drug, as defined by Chapter 483,
1-32 Health and Safety Code;
1-33 (3) sells, gives, or delivers to another person an
1-34 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
1-35 Code, commits a serious act or offense while under the influence of
1-36 alcohol, or possesses, uses, or is under the influence of an
1-37 alcoholic beverage;
1-38 (4) engages in conduct that contains the elements of
1-39 an offense relating to abusable glue or aerosol paint under
1-40 Sections 485.031 through 485.035, Health and Safety Code, or
1-41 relating to volatile chemicals under Chapter 484, Health and Safety
1-42 Code; or
1-43 (5) engages in conduct that contains the elements of
1-44 the offense of public lewdness under Section 21.07, Penal Code, or
1-45 indecent exposure under Section 21.08, Penal Code.
1-46 (b) Except as provided by Section 37.007(c), a student shall
1-47 be removed from class and placed in an alternative education
1-48 program under Section 37.008 if the student engages in conduct that
1-49 contains the elements of the offense of retaliation under Section
1-50 36.06, Penal Code, against any school employee.
1-51 (c) A student shall be removed from class and placed in an
1-52 alternative education program under Section 37.008 if:
1-53 (1) the student receives deferred prosecution under
1-54 Section 53.03, Family Code, for conduct defined as a felony offense
1-55 in Title 5, Penal Code;
1-56 (2) a court or jury finds that the student has engaged
1-57 in delinquent conduct under Section 54.03, Family Code, for conduct
1-58 defined as a felony offense in Title 5, Penal Code; or
1-59 (3) the superintendent or the superintendent's
1-60 designee has a reasonable belief that the student has engaged in a
1-61 conduct defined as a felony offense in Title 5, Penal Code.
1-62 (d) A student may be removed from class and placed in an
1-63 alternative education program if:
1-64 (1) the superintendent or the superintendent's
2-1 designee has a reasonable belief that the student has engaged in
2-2 conduct defined as a felony offense other than those defined in
2-3 Title 5, Penal Code; and
2-4 (2) the continued presence of the student in the
2-5 regular classroom threatens the safety of other students or
2-6 teachers or will be detrimental to the educational process.
2-7 (e) In determining whether there is a reasonable belief that
2-8 a student has engaged in conduct defined as a felony offense by the
2-9 Penal Code, the superintendent or the superintendent's designee may
2-10 consider all available information, including the information
2-11 furnished under Article 15.27, Code of Criminal Procedure.
2-12 (f) The terms of a placement under this section must
2-13 prohibit the student from attending or participating in a
2-14 school-sponsored or school-related activity.
2-15 SECTION 2. Subsections (a), (c), and (h), Article 15.27,
2-16 Code of Criminal Procedure, are amended to read as follows:
2-17 (a) A law enforcement agency that arrests any person or
2-18 refers a child to the office or official designated by the juvenile
2-19 court [takes into custody as provided by Chapter 52, Family Code,
2-20 an individual] who the agency knows or believes is enrolled as a
2-21 student in a public primary or secondary school, for an offense
2-22 listed in Subsection (h) [of this article], shall orally notify the
2-23 superintendent or a person designated by the superintendent in the
2-24 school district in which the student is enrolled or believed to be
2-25 enrolled of that arrest or referral [detention] within 24 hours
2-26 after the arrest or referral is made [detention], or on the next
2-27 school day. [The superintendent shall promptly notify all
2-28 instructional and support personnel who have regular contact with
2-29 the student.] All personnel shall keep the information received in
2-30 this subsection confidential. The State Board for Educator
2-31 Certification may revoke or suspend the certification of personnel
2-32 who intentionally violate this subsection. Within seven days after
2-33 the date the oral notice is given, the law enforcement agency shall
2-34 mail written notification, marked "PERSONAL and CONFIDENTIAL" on
2-35 the mailing envelope, to the superintendent or the person
2-36 designated by the superintendent. Both the oral and written notice
2-37 shall contain sufficient details of the referral or arrest and the
2-38 acts allegedly committed by the student to enable the
2-39 superintendent or the superintendent's designee to determine
2-40 whether there is a reasonable belief that the student has engaged
2-41 in conduct defined as a felony offense by the Penal Code. The
2-42 information contained in the notice may be considered by the
2-43 superintendent or the superintendent's designee in making such a
2-44 determination. [The written notification must have the following
2-45 printed on its face in large, bold letters: "WARNING: The
2-46 information contained in this notice is intended only to inform
2-47 appropriate school personnel of an arrest or detention of a student
2-48 believed to be enrolled in this school. An arrest or detention
2-49 should not be construed as proof that the student is guilty. Guilt
2-50 is determined in a court of law. THE INFORMATION CONTAINED IN THIS
2-51 NOTICE IS CONFIDENTIAL!"]
2-52 (c) A parole or probation office having jurisdiction over a
2-53 student described by Subsection (a), (b), or (e) [of this article]
2-54 who transfers from a school or is subsequently removed from a
2-55 school and later returned to a school or school district other than
2-56 the one the student was enrolled in when the arrest, referral to a
2-57 juvenile court [detention], conviction, or adjudication occurred
2-58 shall notify the new school officials of the arrest or referral
2-59 [detention] in a manner similar to that provided for by Subsection
2-60 (a) or (e)(1) [of this article], or of the conviction or delinquent
2-61 adjudication in a manner similar to that provided for by Subsection
2-62 (b) or (e)(2) of this article.
2-63 (h) This article applies to any felony offense[:]
2-64 [(1) an offense listed in Section 8(c), Article 42.18,
2-65 Code of Criminal Procedure; reckless conduct, as described by
2-66 Section 22.05, Penal Code; or a terroristic threat, as described by
2-67 Section 22.07, Penal Code;]
2-68 [(2) the unlawful use, sale, or possession of a
2-69 controlled substance, drug paraphernalia, or marihuana, as defined
3-1 by Chapter 481, Health and Safety Code;]
3-2 [(3) the unlawful possession of any of the weapons or
3-3 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
3-4 weapon listed as a prohibited weapon under Section 46.05, Penal
3-5 Code; or]
3-6 [(4) a criminal offense under Section 71.02, Penal
3-7 Code].
3-8 SECTION 3. Subsection (g), Article 15.27, Code of Criminal
3-9 Procedure, is repealed.
3-10 SECTION 4. Subdivision (1), Subsection (e), Article 15.27,
3-11 Code of Criminal Procedure, is amended to read as follows:
3-12 (1) A law enforcement agency that arrests, or refers to a
3-13 juvenile court under Chapter 52, Family Code, [detains] an
3-14 individual who [that] the law enforcement agency knows or believes
3-15 is enrolled as a student in a private primary or secondary school
3-16 shall make the oral and written notifications described by
3-17 Subsection (a) [of this article] to the principal or a school
3-18 employee designated by the principal of the school in which the
3-19 student is enrolled.
3-20 SECTION 5. This Act applies beginning with the 1997-1998
3-21 school year.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
3-28 passage, and it is so enacted.
3-29 * * * * *