By Ritter H.B. No. 3112
77R9370 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a code of conduct for public school students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 37.001, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 37.001. DISTRICT STUDENT CODE OF CONDUCT. (a) The
1-7 board of trustees of an independent school district shall, with the
1-8 advice of its district-level committee established under Section
1-9 11.251, adopt a student code of conduct for the district. A
1-10 district's student code of conduct must be consistent with and at
1-11 least as stringent as the minimum student code of conduct adopted
1-12 by the agency under Section 37.0011. A district's [The] student
1-13 code of conduct must be posted and prominently displayed at each
1-14 school campus. In addition to establishing standards for student
1-15 conduct, a district's [the] student code of conduct must:
1-16 (1) specify the circumstances, in accordance with this
1-17 subchapter, under which a student may be removed from a classroom,
1-18 campus, or alternative education program;
1-19 (2) specify conditions that authorize or require a
1-20 principal or other appropriate administrator to transfer a student
1-21 to an alternative education program; and
1-22 (3) outline conditions under which a student may be
1-23 suspended as provided by Section 37.005 or expelled as provided by
1-24 Section 37.007.
2-1 (b) A teacher with knowledge that a student has violated the
2-2 district's student code of conduct shall file with the school
2-3 principal or the other appropriate administrator a written report,
2-4 not to exceed one page, documenting the violation. The principal
2-5 or the other appropriate administrator shall, not later than 24
2-6 hours after receipt of a report from a teacher, send a copy of the
2-7 report to the student's parents or guardians.
2-8 (c) Once a district's [the] student code of conduct is
2-9 promulgated, any change or amendment must be approved by the board
2-10 of trustees.
2-11 SECTION 2. Subchapter A, Chapter 37, Education Code, is
2-12 amended by adding Section 37.0011 to read as follows:
2-13 Sec. 37.0011. MINIMUM STUDENT CODE OF CONDUCT. The agency
2-14 shall adopt a student code of conduct that prescribes:
2-15 (1) minimum standards for the conduct of public school
2-16 students in this state; and
2-17 (2) minimum consequences for a violation of those
2-18 standards.
2-19 SECTION 3. Section 37.009(a), Education Code, is amended to
2-20 read as follows:
2-21 (a) Not later than the third class day after the day on
2-22 which a student is removed from class by the teacher under Section
2-23 37.002(b) or (d) or by the school principal or other appropriate
2-24 administrator under Section 37.006, the principal or other
2-25 appropriate administrator shall schedule a conference among the
2-26 principal or other appropriate administrator, a parent or guardian
2-27 of the student, the teacher removing the student from class, if
3-1 any, and the student. At the conference, the student is entitled
3-2 to written or oral notice of the reasons for the removal, an
3-3 explanation of the basis for the removal, and an opportunity to
3-4 respond to the reasons for the removal. The student may not be
3-5 returned to the regular classroom pending the conference.
3-6 Following the conference, and whether or not each requested person
3-7 is in attendance after valid attempts to require the person's
3-8 attendance, the principal shall order the placement of the student
3-9 as provided by Section 37.002 or 37.006, as applicable, for a
3-10 period consistent with the student code of conduct adopted under
3-11 Section 37.001.
3-12 SECTION 4. Not later than May 1, 2002, the Texas Education
3-13 Agency shall adopt a minimum student code of conduct as required by
3-14 Section 37.0011, Education Code, as added by this Act. A school
3-15 district's student code of conduct must comply with Section 37.001,
3-16 Education Code, as amended by this Act, beginning with the
3-17 2002-2003 school year.
3-18 SECTION 5. This Act takes effect September 1, 2001.