By:  Whitmire, Wentworth                              S.B. No. 1213
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to disciplinary options available to a teacher under a
 1-2     school district's student code of conduct and to including
 1-3     discipline strategies as part of school district staff development.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 21.451, Education Code,
 1-6     is amended to read as follows:
 1-7           (a)  The staff development provided by a school district must
 1-8     be conducted in accordance with minimum standards developed by the
 1-9     commissioner for program planning, preparation, and improvement.
1-10     The staff development:
1-11                 (1)  must include training in technology, [training and
1-12     training in] conflict resolution, and discipline strategies,
1-13     including classroom management, district discipline policies, the
1-14     student code of conduct adopted under Section 37.001, and Chapter
1-15     37; and
1-16                 (2)  may include instruction as to what is permissible
1-17     under law, including opinions of the United States Supreme Court,
1-18     in regard to prayers in public school.
1-19           SECTION 2.  Section 37.001, Education Code, is amended by
1-20     amending Subsection (a) and adding Subsections (d) and (e) to read
1-21     as follows:
1-22           (a)  The board of trustees of an independent school district
1-23     shall, with the advice of its district-level committee established
1-24     under Section 11.251, adopt a student code of conduct for the
 2-1     district.  The student code of conduct must be posted and
 2-2     prominently displayed at each school campus.  In addition to
 2-3     establishing standards for student conduct, the student code of
 2-4     conduct must:
 2-5                 (1)  specify the circumstances, in accordance with this
 2-6     subchapter, under which a student may be removed from a classroom,
 2-7     campus, or alternative education program;
 2-8                 (2)  specify conditions that authorize or require a
 2-9     principal or other appropriate administrator to transfer a student
2-10     to an alternative education program; [and]
2-11                 (3)  outline conditions under which a student may be
2-12     suspended as provided by Section 37.005 or expelled as provided by
2-13     Section 37.007; and
2-14                 (4)  specify disciplinary options available to a
2-15     teacher in addition to removing a student from the classroom under
2-16     Section 37.002, which must:
2-17                       (A)  comply with the educator's code of ethics
2-18     adopted under Section 21.041(b)(8); and
2-19                       (B)  include the authority to:
2-20                             (i)  verbally reprimand a student;
2-21                             (ii)  require a student to sit in an
2-22     assigned area of the classroom; and
2-23                             (iii)  withdraw privileges from a student.
2-24           (d)  A teacher may not be disciplined in any manner for an
2-25     action the teacher takes that complies with the student code of
2-26     conduct and with the educator's code of ethics adopted under
 3-1     Section 21.041(b)(8).
 3-2           (e)  This section does not affect a teacher's immunity from
 3-3     civil liability under Section 22.051.
 3-4           SECTION 3.  Each school district shall amend the district's
 3-5     student code of conduct to the extent necessary to comply with
 3-6     Subsection (a), Section 37.001, Education Code, as amended by this
 3-7     Act, not later than December 1, 1999.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended,
3-13     and that this Act take effect and be in force from and after its
3-14     passage, and it is so enacted.