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.