By Bivins S.B. No. 134
75R2567 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion of public school students for drug,
1-3 alcohol, or abusable inhalant use.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 37.006(a) and (b), Education Code, are
1-6 amended to read as follows:
1-7 (a) Except as provided by Section 37.007(a)(3) or (b), a
1-8 student shall be removed from class and placed in an alternative
1-9 education program as provided by Section 37.008 if the student
1-10 engages in conduct punishable as a felony, or commits the following
1-11 on school property or while attending a school-sponsored or
1-12 school-related activity on or off of school property:
1-13 (1) engages in conduct that contains the elements of
1-14 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-15 terroristic threat under Section 22.07, 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) sells, gives, or delivers to another person an
1-24 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-1 Code, commits a serious act or offense while under the influence of
2-2 alcohol, or possesses, uses, or is under the influence of an
2-3 alcoholic beverage;
2-4 (4) engages in conduct that contains the elements of
2-5 an offense relating to abusable glue or aerosol paint under
2-6 Sections 485.031 through 485.035, Health and Safety Code, or
2-7 relating to volatile chemicals under Chapter 484, Health and Safety
2-8 Code; or
2-9 (5) engages in conduct that contains the elements of
2-10 the offense of public lewdness under Section 21.07, Penal Code, or
2-11 indecent exposure under Section 21.08, Penal Code.
2-12 (b) Except as provided by Section 37.007(d) [37.007(c)], a
2-13 student shall be removed from class and placed in an alternative
2-14 education program under Section 37.008 if the student engages in
2-15 conduct that contains the elements of the offense of retaliation
2-16 under Section 36.06, Penal Code, against any school employee.
2-17 SECTION 2. Section 37.007, Education Code, is amended to
2-18 read as follows:
2-19 Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) A student
2-20 shall be expelled from a school if the student, on school property
2-21 or while attending a school-sponsored or school-related activity on
2-22 or off of school property:
2-23 (1) uses, exhibits, or possesses:
2-24 (A) a firearm as defined by Section 46.01(3),
2-25 Penal Code;
2-26 (B) an illegal knife as defined by Section
2-27 46.01(6), Penal Code, or by local policy;
3-1 (C) a club as defined by Section 46.01(1), Penal
3-2 Code; or
3-3 (D) a weapon listed as a prohibited weapon under
3-4 Section 46.05, Penal Code;
3-5 (2) engages in conduct that contains the elements of
3-6 the offense of:
3-7 (A) aggravated assault under Section 22.02,
3-8 Penal Code, sexual assault under Section 22.011, Penal Code, or
3-9 aggravated sexual assault under Section 22.021, Penal Code;
3-10 (B) arson under Section 28.02, Penal Code;
3-11 (C) murder under Section 19.02, Penal Code,
3-12 capital murder under Section 19.03, Penal Code, or criminal
3-13 attempt, under Section 15.01, Penal Code, to commit murder or
3-14 capital murder;
3-15 (D) indecency with a child under Section 21.11,
3-16 Penal Code; or
3-17 (E) aggravated kidnapping under Section 20.04,
3-18 Penal Code; or
3-19 (3) engages in conduct specified by Section
3-20 37.006(a)(2) or (3), if the conduct is punishable as a felony.
3-21 (b) A student may be expelled if the student, while on
3-22 school property or while attending a school-sponsored or
3-23 school-related activity on or off of school property:
3-24 (1) sells, gives, or delivers to another person or
3-25 possesses, uses, or is under the influence of any amount of:
3-26 (A) marihuana or a controlled substance, as
3-27 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
4-1 Section 801 et seq.;
4-2 (B) a dangerous drug, as defined by Chapter 483,
4-3 Health and Safety Code; or
4-4 (C) an alcoholic beverage, as defined by Section
4-5 1.04, Alcoholic Beverage Code; or
4-6 (2) engages in conduct that contains the elements of
4-7 an offense relating to abusable glue or aerosol paint under
4-8 Sections 485.031 through 485.035, Health and Safety Code, or
4-9 relating to volatile chemicals under Chapter 484, Health and Safety
4-10 Code.
4-11 (c) A student may be expelled if the student, after being
4-12 placed in an alternative education program for disciplinary
4-13 reasons, continues to engage in serious or persistent misbehavior
4-14 that violates the district's student code of conduct.
4-15 (d) [(c)] A student shall be expelled if the student engages
4-16 in conduct that contains the elements of any offense listed in
4-17 Subsection (a) against any employee in retaliation for or as a
4-18 result of the employee's employment with a school district.
4-19 (e) [(d)] In accordance with federal law, a local
4-20 educational agency, including a school district, home-rule school
4-21 district, or open-enrollment charter school, shall expel a student
4-22 who brings a firearm, as defined by 18 U.S.C. Section 921, to
4-23 school. The student must be expelled from the student's regular
4-24 campus for a period of at least one year, except that:
4-25 (1) the superintendent or other chief administrative
4-26 officer of the school district or of the other local educational
4-27 agency, as defined by 20 U.S.C. Section 2891, may modify the length
5-1 of the expulsion in the case of an individual student; and
5-2 (2) the district or other local educational agency may
5-3 provide educational services to the expelled student in an
5-4 alternative education program as provided by Section 37.008.
5-5 (f) [(e)] Each school district shall report to the agency
5-6 the number of students expelled under Subsection (e) [(d)] each
5-7 year, the names of the schools from which the students are
5-8 expelled, and the types of weapons involved.
5-9 (g) [(f)] A student who engages in conduct that contains the
5-10 elements of the offense of criminal mischief under Section 28.03,
5-11 Penal Code, may be expelled at the district's discretion if the
5-12 conduct is punishable as a felony under that section. The student
5-13 shall be referred to the authorized officer of the juvenile court
5-14 regardless of whether the student is expelled.
5-15 (h) [(g)] A school district shall inform each teacher of the
5-16 conduct of a student who has engaged in any violation listed in
5-17 this section. A teacher shall keep the information received in
5-18 this subsection confidential. The State Board for Educator
5-19 Certification may revoke or suspend the certification of a teacher
5-20 who intentionally violates this subsection.
5-21 SECTION 3. Section 37.010(b), Education Code, is amended to
5-22 read as follows:
5-23 (b) If a student is expelled under Section 37.007(c)
5-24 [37.007(b)], the board or its designee shall refer the student to
5-25 the authorized officer of the juvenile court for appropriate
5-26 proceedings under Title 3, Family Code.
5-27 SECTION 4. This Act takes effect beginning with the
6-1 1997-1998 school year.
6-2 SECTION 5. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended,
6-7 and that this Act take effect and be in force from and after its
6-8 passage, and it is so enacted.