1-1     By:  Whitmire, Wentworth                              S.B. No. 1213
 1-2           (In the Senate - Filed March 11, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Education; April 26, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 7, Nays 0; April 26, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1213               By:  Zaffirini
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to disciplinary options available to a teacher under a
1-10     school district's student code of conduct and to including
1-11     discipline strategies as part of school district staff development.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (a), Section 21.451, Education Code,
1-14     is amended to read as follows:
1-15           (a)  The staff development provided by a school district must
1-16     be conducted in accordance with minimum standards developed by the
1-17     commissioner for program planning, preparation, and improvement.
1-18     The staff development:
1-19                 (1)  must include training in technology, [training and
1-20     training in] conflict resolution, and discipline strategies,
1-21     including classroom management, district discipline policies, the
1-22     student code of conduct adopted under Section 37.001, and Chapter
1-23     37; and
1-24                 (2)  may include instruction as to what is permissible
1-25     under law, including opinions of the United States Supreme Court,
1-26     in regard to prayers in public school.
1-27           SECTION 2.  Section 37.001, Education Code, is amended by
1-28     amending Subsection (a) and adding Subsections (d) and (e) to read
1-29     as follows:
1-30           (a)  The board of trustees of an independent school district
1-31     shall, with the advice of its district-level committee established
1-32     under Section 11.251, adopt a student code of conduct for the
1-33     district.  The student code of conduct must be posted and
1-34     prominently displayed at each school campus.  In addition to
1-35     establishing standards for student conduct, the student code of
1-36     conduct must:
1-37                 (1)  specify the circumstances, in accordance with this
1-38     subchapter, under which a student may be removed from a classroom,
1-39     campus, or alternative education program;
1-40                 (2)  specify conditions that authorize or require a
1-41     principal or other appropriate administrator to transfer a student
1-42     to an alternative education program; [and]
1-43                 (3)  outline conditions under which a student may be
1-44     suspended as provided by Section 37.005 or expelled as provided by
1-45     Section 37.007; and
1-46                 (4)  specify disciplinary options available to a
1-47     teacher in addition to removing a student from the classroom under
1-48     Section 37.002, which must:
1-49                       (A)  comply with the educator's code of ethics
1-50     adopted under Section 21.041(b)(8); and
1-51                       (B)  include the authority to:
1-52                             (i)  verbally reprimand a student;
1-53                             (ii)  require a student to sit in an
1-54     assigned area of the classroom; and
1-55                             (iii)  withdraw privileges from a student.
1-56           (d)  A teacher may not be disciplined in any manner for an
1-57     action the teacher takes that complies with the student code of
1-58     conduct and with the educator's code of ethics adopted under
1-59     Section 21.041(b)(8).
1-60           (e)  This section does not affect a teacher's immunity from
1-61     civil liability under Section 22.051.
1-62           SECTION 3.  Each school district shall amend the district's
1-63     student code of conduct to the extent necessary to comply with
1-64     Subsection (a), Section 37.001, Education Code, as amended by this
 2-1     Act, not later than December 1, 1999.
 2-2           SECTION 4.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended,
 2-7     and that this Act take effect and be in force from and after its
 2-8     passage, and it is so enacted.
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