By Lewis of Tarrant, Grusendorf, Olivo H.B. No. 447
77R1957 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discipline of public school students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 37.006, Education Code, is amended by
1-5 amending Subsection (a) and adding Subsection (m) to read as
1-6 follows:
1-7 (a) Except as provided by Subsection (m) or Section
1-8 37.007(a)(3) or (b), a student shall be removed from class and
1-9 placed in an alternative education program as provided by Section
1-10 37.008 if the student commits the following on or within 300 feet
1-11 of school property, as measured from any point on the school's real
1-12 property boundary line, or while attending a school-sponsored or
1-13 school-related activity on or off of school property:
1-14 (1) engages in conduct punishable as a felony;
1-15 (2) engages in conduct that contains the elements of
1-16 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-17 terroristic threat under Section 22.07, Penal Code;
1-18 (3) sells, gives, or delivers to another person or
1-19 possesses or uses or is under the influence of:
1-20 (A) marihuana or a controlled substance, as
1-21 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-22 Section 801 et seq.; or
1-23 (B) a dangerous drug, as defined by Chapter 483,
1-24 Health and Safety Code;
2-1 (4) sells, gives, or delivers to another person an
2-2 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-3 Code, commits a serious act or offense while under the influence of
2-4 alcohol, or possesses, uses, or is under the influence of an
2-5 alcoholic beverage;
2-6 (5) engages in conduct that contains the elements of
2-7 an offense relating to abusable glue or aerosol paint under
2-8 Sections 485.031 through 485.035, Health and Safety Code, or
2-9 relating to volatile chemicals under Chapter 484, Health and Safety
2-10 Code; or
2-11 (6) engages in conduct that contains the elements of
2-12 the offense of public lewdness under Section 21.07, Penal Code, or
2-13 indecent exposure under Section 21.08, Penal Code.
2-14 (m) The board of trustees of a school district may adopt, as
2-15 part of the student code of conduct under Section 37.001, a written
2-16 policy providing for a school principal or other appropriate
2-17 administrator, on the basis of mitigating circumstances, to reduce
2-18 the term of an alternative education program placement otherwise
2-19 prescribed by district policy or to suspend a student as provided
2-20 by Section 37.005 rather than placing the student in an alternative
2-21 education program for conduct specified by Subsection (a)(3), (4),
2-22 (5), or (6) unless the conduct specified by Subsection (a)(3) or
2-23 (4) is punishable as a felony. A policy adopted under this section
2-24 must provide for considering a student's disciplinary history,
2-25 intent or lack of intent, and academic standing and may provide for
2-26 considering any other mitigating circumstances the board of
2-27 trustees determines to be appropriate.
3-1 SECTION 2. Section 37.007, Education Code, is amended by
3-2 amending Subsection (a) and adding Subsection (i) to read as
3-3 follows:
3-4 (a) Except as provided by Subsection (i), a [A] student
3-5 shall be expelled from a school if the student, on school property
3-6 or while attending a school-sponsored or school-related activity on
3-7 or off of school property:
3-8 (1) uses, exhibits, or possesses:
3-9 (A) a firearm as defined by Section 46.01(3),
3-10 Penal Code;
3-11 (B) an illegal knife as defined by Section
3-12 46.01(6), Penal Code, or by local policy;
3-13 (C) a club as defined by Section 46.01(1), Penal
3-14 Code; or
3-15 (D) a weapon listed as a prohibited weapon under
3-16 Section 46.05, Penal Code;
3-17 (2) engages in conduct that contains the elements of
3-18 the offense of:
3-19 (A) aggravated assault under Section 22.02,
3-20 Penal Code, sexual assault under Section 22.011, Penal Code, or
3-21 aggravated sexual assault under Section 22.021, Penal Code;
3-22 (B) arson under Section 28.02, Penal Code;
3-23 (C) murder under Section 19.02, Penal Code,
3-24 capital murder under Section 19.03, Penal Code, or criminal
3-25 attempt, under Section 15.01, Penal Code, to commit murder or
3-26 capital murder;
3-27 (D) indecency with a child under Section 21.11,
4-1 Penal Code; or
4-2 (E) aggravated kidnapping under Section 20.04,
4-3 Penal Code; or
4-4 (3) engages in conduct specified by Section
4-5 37.006(a)(3) or (4), if the conduct is punishable as a felony.
4-6 (i) The board of trustees of a school district may adopt, as
4-7 part of the student code of conduct under Section 37.001, a written
4-8 policy providing for the board or the board's designee, on the
4-9 basis of mitigating circumstances, to reduce the term of any
4-10 expulsion otherwise prescribed by district policy or to place a
4-11 student in an alternative education program rather than expelling
4-12 the student for conduct specified by Subsection (a)(1). A policy
4-13 adopted under this section must provide for considering a student's
4-14 disciplinary history, intent or lack of intent, and academic
4-15 standing and may provide for considering any other mitigating
4-16 circumstances the board of trustees determines to be appropriate.
4-17 The board of trustees may not adopt a policy under this subsection
4-18 that conflicts with Subsection (e).
4-19 SECTION 3. Section 37.020, Education Code, is amended to read
4-20 as follows:
4-21 Sec. 37.020. REPORTS RELATING TO EXPULSIONS AND ALTERNATIVE
4-22 EDUCATION PROGRAM PLACEMENTS. (a) In the manner required by the
4-23 commissioner, each school district shall annually report to the
4-24 commissioner:
4-25 (1) for each placement in an alternative education
4-26 program established under Section 37.008:
4-27 (A) information identifying the student,
5-1 including the student's race, sex, and date of birth, that will
5-2 enable the agency to compare placement data with information
5-3 collected through other reports;
5-4 (B) information indicating whether the placement
5-5 was based on:
5-6 (i) conduct violating the student code of
5-7 conduct adopted under Section 37.001;
5-8 (ii) conduct for which a student may be
5-9 removed from class under Section 37.002(b);
5-10 (iii) conduct for which placement in an
5-11 alternative education program is required by Section 37.006; or
5-12 (iv) conduct occurring while a student was
5-13 enrolled in another district and for which placement in an
5-14 alternative education program is permitted by Section 37.008(j);
5-15 and
5-16 (C) the number of days the student was assigned
5-17 to the program and the number of days the student attended the
5-18 program; and
5-19 (2) for each expulsion under Section 37.007:
5-20 (A) information identifying the student,
5-21 including the student's race, sex, and date of birth, that will
5-22 enable the agency to compare placement data with information
5-23 collected through other reports;
5-24 (B) information indicating whether the expulsion
5-25 was based on:
5-26 (i) conduct for which expulsion is
5-27 required under Section 37.007, including information specifically
6-1 indicating whether a student was expelled on the basis of Section
6-2 37.007(e);
6-3 (ii) conduct, other than conduct described
6-4 by Subparagraph (iii), for which expulsion is permitted under
6-5 Section 37.007; or
6-6 (iii) serious or persistent misbehavior
6-7 occurring while the student was placed in an alternative education
6-8 program;
6-9 (C) the number of days the student was expelled;
6-10 and
6-11 (D) information indicating whether:
6-12 (i) the student was placed in a juvenile
6-13 justice alternative education program under Section 37.011;
6-14 (ii) the student was placed in an
6-15 alternative education program; or
6-16 (iii) the student was not placed in a
6-17 juvenile justice or other alternative education program.
6-18 (b) The commissioner by rule shall provide for appropriate
6-19 reporting of action taken under Sections 37.006(m) and 37.007(i).
6-20 SECTION 4. This Act takes effect immediately if it receives
6-21 a vote of two-thirds of all the members elected to each house, as
6-22 provided by Section 39, Article III, Texas Constitution. If this
6-23 Act does not receive the vote necessary for immediate effect, this
6-24 Act takes effect September 1, 2001.