By Delisi H.B. No. 880
77R3538 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the student code of conduct for public school students
1-3 and to discipline management techniques that a public school
1-4 teacher may use.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 37.001(a), Education Code, is amended to
1-7 read as follows:
1-8 (a) The board of trustees of an independent school district
1-9 shall, with the advice of its district-level committee established
1-10 under Section 11.251, adopt a student code of conduct for the
1-11 district. The student code of conduct must be posted and
1-12 prominently displayed in each classroom [at each school campus]. In
1-13 addition to establishing standards for student conduct, the student
1-14 code of conduct must:
1-15 (1) specify the circumstances, in accordance with this
1-16 subchapter, under which a student may be removed from a classroom,
1-17 campus, or alternative education program;
1-18 (2) specify conditions that authorize or require a
1-19 principal or other appropriate administrator to transfer a student
1-20 to an alternative education program; and
1-21 (3) outline conditions under which a student may be
1-22 suspended as provided by Section 37.005 or expelled as provided by
1-23 Section 37.007.
1-24 SECTION 2. Subchapter A, Chapter 37, Education Code, is
2-1 amended by adding Section 37.0021 to read as follows:
2-2 Sec. 37.0021. OTHER DISCIPLINE MANAGEMENT AUTHORIZED FOR
2-3 TEACHERS. (a) In addition to removing a student from class under
2-4 Section 37.002 or using a discipline management technique
2-5 authorized under other law, the school district's student code of
2-6 conduct, and the educator's code of ethics adopted under Section
2-7 21.041(b)(8), a teacher may:
2-8 (1) verbally discipline a student;
2-9 (2) physically isolate a student in the teacher's
2-10 classroom;
2-11 (3) withhold one or more privileges from a student;
2-12 (4) use a physically harmless prop in disciplining a
2-13 student; or
2-14 (5) use a disciplinary measure other than a measure
2-15 specified under Subdivision (1), (2), (3), or (4) that does not
2-16 rise to the level of corporal punishment and that is reasonably
2-17 calculated to maintain decorum, discipline, or order in the
2-18 teacher's classroom.
2-19 (b) The board of trustees of a school district, a school
2-20 district employee, or the State Board for Educator Certification
2-21 may not discipline a teacher in any manner for an action the
2-22 teacher takes in accordance with this section.
2-23 SECTION 3. This Act applies beginning with the 2001-2002
2-24 school year.
2-25 SECTION 4. This Act takes effect immediately if it receives
2-26 a vote of two-thirds of all the members elected to each house, as
2-27 provided by Section 39, Article III, Texas Constitution. If this
3-1 Act does not receive the vote necessary for immediate effect, this
3-2 Act takes effect September 1, 2001.