78R2842 CAS-D
By: Lindsay S.B. No. 596
A BILL TO BE ENTITLED
AN ACT
relating to discipline of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006, Education Code, is amended by
amending Subsection (a) and adding Subsection (m) to read as
follows:
(a) Except as provided by Subsection (m) or Section
37.007(a)(3) or (b), a student shall be removed from class and
placed in an alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to abusable glue or aerosol paint under
Sections 485.031 through 485.035, Health and Safety Code, or
relating to volatile chemicals under Chapter 484, Health and Safety
Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
(m) The board of trustees of a school district may adopt, as
part of the student code of conduct under Section 37.001, a written
policy providing for a school principal or other appropriate
administrator, on the basis of mitigating circumstances, to reduce
the term of an alternative education program placement otherwise
prescribed by district policy or to suspend a student as provided by
Section 37.005 rather than placing the student in an alternative
education program for conduct specified by Subsection (a)(2)(C),
(D), (E), or (F) unless the conduct specified by Subsection
(a)(2)(C) or (D) is punishable as a felony. A policy adopted under
this subsection must provide for considering a student's
disciplinary history, intent or lack of intent, and academic
standing and may provide for considering any other mitigating
circumstances the board of trustees determines to be appropriate.
SECTION 2. Section 37.007, Education Code, is amended by
amending Subsection (a) and adding Subsection (i) to read as
follows:
(a) Except as provided by Subsection (i), a [A] student
shall be expelled from a school if the student, on school property
or while attending a school-sponsored or school-related activity on
or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon under
Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code; or
(E) aggravated kidnapping under Section 20.04,
Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
(i) The board of trustees of a school district may adopt, as
part of the student code of conduct under Section 37.001, a written
policy providing for the board or the board's designee, on the basis
of mitigating circumstances, to reduce the term of any expulsion
otherwise prescribed by district policy or to place a student in an
alternative education program rather than expelling the student for
conduct specified by Subsection (a)(1). A policy adopted under
this subsection must provide for considering a student's
disciplinary history, intent or lack of intent, and academic
standing and may provide for considering any other mitigating
circumstances the board of trustees determines to be appropriate.
The board of trustees may not adopt a policy under this subsection
that conflicts with Subsection (e).
SECTION 3. Section 37.020, Education Code, is amended to
read as follows:
Sec. 37.020. REPORTS RELATING TO EXPULSIONS AND ALTERNATIVE
EDUCATION PROGRAM PLACEMENTS. (a) In the manner required by the
commissioner, each school district shall annually report to the
commissioner:
(1) for each placement in an alternative education
program established under Section 37.008:
(A) information identifying the student,
including the student's race, sex, and date of birth, that will
enable the agency to compare placement data with information
collected through other reports;
(B) information indicating whether the placement
was based on:
(i) conduct violating the student code of
conduct adopted under Section 37.001;
(ii) conduct for which a student may be
removed from class under Section 37.002(b);
(iii) conduct for which placement in an
alternative education program is required by Section 37.006; or
(iv) conduct occurring while a student was
enrolled in another district and for which placement in an
alternative education program is permitted by Section 37.008(j);
and
(C) the number of days the student was assigned
to the program and the number of days the student attended the
program; and
(2) for each expulsion under Section 37.007:
(A) information identifying the student,
including the student's race, sex, and date of birth, that will
enable the agency to compare placement data with information
collected through other reports;
(B) information indicating whether the expulsion
was based on:
(i) conduct for which expulsion is required
under Section 37.007, including information specifically
indicating whether a student was expelled on the basis of Section
37.007(e);
(ii) conduct, other than conduct described
by Subparagraph (iii), for which expulsion is permitted under
Section 37.007; or
(iii) serious or persistent misbehavior
occurring while the student was placed in an alternative education
program;
(C) the number of days the student was expelled;
and
(D) information indicating whether:
(i) the student was placed in a juvenile
justice alternative education program under Section 37.011;
(ii) the student was placed in an
alternative education program; or
(iii) the student was not placed in a
juvenile justice or other alternative education program.
(b) The commissioner by rule shall provide for appropriate
reporting of action taken under Sections 37.006(m) and 37.007(i).
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.