Floor Packet Page No. 236
      Amend CSSB 4 by adding the following appropriately numbered
SECTIONS to the bill and renumbering the subsequent SECTIONS of the
bill accordingly:
      SECTION ____.  Section 37.002(d), Education Code, is amended
to read as follows:
      (d)  A teacher shall remove from class and send to the
principal for placement in an alternative education program or for
expulsion, as appropriate, a student who engages in conduct
described under Section 37.006 or 37.007.  The student may not be
returned to that teacher's class without the teacher's consent
<unless the committee established under Section 37.003 determines
that such placement is the best or only alternative available>.
      SECTION ____.  Section 37.007(b), Education Code, is amended
to read as follows:
      (b)  A student may be expelled if the student, while on
school property or while attending a school-sponsored or
school-related activity on or off of school property:
            (1)  sells, gives, or delivers to another person or
possesses, uses, or is under the influence of any amount 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.;
                  (B)  a dangerous drug, as defined by Chapter 483,
Health and Safety Code; or
                  (C)  an alcoholic beverage, as defined by Section
1.04, Alcoholic Beverage Code; <or>
            (2)  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
            (3)  engages in conduct that contains the elements of
the offense of assault under Section 22.01(a)(1), Penal Code,
against an officer, employee, or volunteer of a school district.
      SECTION ____.  Section 37.009(a), Education Code, is amended
to read as follows:
      (a)  Not later than the third class day after the day on
which a student is removed from class by the teacher under Section
37.002(b) or (d) or by the school principal or other appropriate
administrator under Section 37.006, the principal or other
appropriate administrator shall schedule a conference among the
principal or other appropriate administrator, a parent or guardian
of the student, the student, and, except as otherwise provided by
this subsection, the teacher removing the student from class, if
any<, and the student>.  A teacher who is the victim of the
student's conduct may attend the conference if the teacher wishes
to attend.  If the teacher does not attend the conference, the
teacher shall prepare a written statement of the facts of the
student's conduct.  The statement must be provided to the student
at the conference.  At the conference, the student is entitled to
written or oral notice of the reasons for the removal, an
explanation of the basis for the removal, and an opportunity to
respond to the reasons for the removal.  The student may not be
returned to the regular classroom pending the conference.
Following the conference, and whether or not each requested person
is in attendance after valid attempts to require the person's
attendance, the principal shall order the placement of the student
as provided by Section 37.002 or 37.006, as applicable, for a
period consistent with the student code of conduct.