By Shields H.B. No. 704
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a teacher's right of refusal following an assault by a
1-3 student and allowing school districts the option of expelling
1-4 students for assaulting school district employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 37.002 (d), Education Code, is amended to
1-7 read as follows:
1-8 (d) A teacher shall remove from class and send to the
1-9 principal for placement in an alternative education program or for
1-10 expulsion, as appropriate, a student who engages in conduct
1-11 described under Section 37.006 [or 37.007]. The student may not be
1-12 returned to that teacher's class without the teacher's consent
1-13 unless the committee established under Section 37.003 determines
1-14 that such placement is the best or only alternative available.
1-15 (e) A teacher shall remove from class and send to the
1-16 principal for either placement in an alternative education program
1-17 or for expulsion, as appropriate, a student who engages in conduct
1-18 described under Section 37.007. The student may not be returned to
1-19 that teacher's class without the teacher's consent.
1-20 SECTION 2. Section 37.007, (b), Education Code, is amended
1-21 to read as follows:
2-1 (b) A student may be expelled if the student, while on
2-2 school property or while attending a school-sponsored or
2-3 school-related activity on or off of school property:
2-4 (1) sells, gives, or delivers to another person or
2-5 possesses, uses or is under the influence of any amount of:
2-6 (A) marihuana or a controlled substance, as
2-7 defined by chapter 481, Health and Safety Code, or by 21 U.S.C.
2-8 Section 801 et seq.;
2-9 (B) a dangerous drug, as defined by Chapter 483,
2-10 Health and Safety Code; or
2-11 (C) an alcoholic beverage, as defined by Section
2-12 1.04, Alcoholic Beverage Code; or
2-13 (2) engages in conduct that contains the elements of
2-14 an offense relating to abusable glue or aerosol paint under
2-15 Sections 485.031 through 485.035, Health and Safety Code, or
2-16 relating to volatile chemicals under Chapter 484, Health and Safety
2-17 Code; or
2-18 (3) engages in conduct that contains the elements of
2-19 the offense of:
2-20 (A) assault under Section 22.01(a) (1), Penal
2-21 Code, against any employee, officer or volunteer of a school
2-22 district.
2-23 SECTION 3. Section 37.009, (a), Education Code, is amended
2-24 to read as follows:
2-25 Sec. 37.009. Conference; Hearing; Review. (a) Not later
3-1 than the third class day after the day on which a student is
3-2 removed from class by the teacher under Section 37.002(b) or (d) or
3-3 by the school principal or other appropriate administrator under
3-4 Section 37.006, the principal or other appropriate administrator
3-5 shall schedule a conference among the principal or other
3-6 appropriate administrator, a parent or guardian of the student, the
3-7 teacher removing the student from class, if any (unless the Teacher
3-8 was the victim of the student's offense), and the student. At the
3-9 conference, the student is entitled to written or oral notice of
3-10 the reasons for the removal, an explanation of the basis for the
3-11 removal, and an opportunity to respond to the reasons for the
3-12 removal. The student may not be returned to the regular classroom
3-13 pending the conference. Following the conference, and whether or
3-14 not each requested person is in attendance after valid attempts to
3-15 require the person's attendance, the principal shall order the
3-16 placement of the student as provided by Section 37.002 or 37.006,
3-17 as applicable, for a period consistent with the student code of
3-18 conduct.
3-19 SECTION 4. This Act takes effect beginning with the
3-20 1999-2000 school year.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.