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.