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.