Floor Packet Page No. 120                                                   



	

Amend CSHB 2 by inserting the following new sections, 

appropriately numbered, and renumbering the subsequent sections 

accordingly:

	SECTION ___.  Sections 11.253(d) and (h), Education Code, 

are amended to read as follows:

	(d)  Each campus improvement plan must:                                        

		(1)  assess the academic achievement for each student 

in the school using the academic excellence indicator system as 

described by Section 39.051;

		(2)  set the campus performance objectives based on the 

academic excellence indicator system, including objectives for 

special needs populations, including students in special education 

programs under Subchapter A, Chapter 29;

		(3)  identify how the campus goals will be met for each 

student;            

		(4)  determine the resources needed to implement the 

plan;                  

		(5)  identify staff needed to implement the plan;                             

		(6)  set timelines for reaching the goals;                                    

		(7)  measure progress toward the performance 

objectives periodically to ensure that the plan is resulting in 

academic improvement;

		(8)  include goals and methods for violence prevention 

and intervention on campus as approved by a site-based school 

discipline policy committee established under Section 11.2531, if 

such a committee is established; and

		(9)  provide for a program to encourage parental 

involvement at the campus. 

	(h)  A principal shall regularly consult the campus-level 

committee and a site-based school discipline policy committee 

established under Section 11.2531, if such a committee is 

established, in the planning, operation, supervision, and 

evaluation of the campus educational program.

	SECTION ___.  Subchapter F, Chapter 11, Education Code, is 

amended by adding Section 11.2531 to read as follows:

	Sec. 11.2531.  SITE-BASED SCHOOL DISCIPLINE POLICY 

COMMITTEE.  (a)  Each school district shall permit the 

establishment of a site-based school discipline policy committee at 

a district campus.

	(b)  A group of classroom teachers at a campus may establish 

a site-based school discipline policy committee by a petition 

containing the signatures of at least 50 percent of the classroom 

teachers at the campus.  If such a petition is submitted to the 

principal not later than the 10th instructional day of a school 

year, the principal shall approve the establishment of the 

committee.

	(c)  A member of a site-based school discipline policy 

committee must be a full-time classroom teacher.

	(d)  Not later than the 20th instructional day of a school 

year, the committee shall meet and elect by secret ballot an 

executive board from its membership.  The board shall establish 

policies concerning the time and manner of committee and board 

meetings.

	(e)  A site-based school discipline policy committee shall 

establish policies regarding:

		(1)  discipline management and the student code of 

conduct in accordance with Chapter 37;

		(2)  goals and methods for violence prevention and 

intervention on campus;

		(3)  teacher and school personnel safety; and                          

		(4)  methods for teachers to address the committee or 

the board regarding individual or systematic concerns in matters of 

school discipline or school personnel safety.

	SECTION ___.  Section 37.001(a), Education Code, as amended 

by HB 283 and HB 603, Acts of the 79th Legislature, Regular Session, 

2005, is amended to read as follows:

	(a)  The board of trustees of an independent school district 

shall, with the advice of its district-level committee established 

under Subchapter F, Chapter 11, and of the site-based school 

discipline policy committees for campuses in the district, if such 

committees are established, adopt a student code of conduct for the 

district.  The student code of conduct must be posted and 

prominently displayed at each school campus or made available for 

review at the office of the campus principal.  In addition to 

establishing standards for student conduct, the student code of 

conduct must:

		(1)  specify the circumstances, in accordance with this 

subchapter, under which a student may be removed from a classroom, 

campus, or disciplinary alternative education program;

		(2)  specify conditions that authorize or require a 

principal or other appropriate administrator to transfer a student 

to a disciplinary alternative education program;

		(3)  outline conditions under which a student may be 

suspended as provided by Section 37.005 or expelled as provided by 

Section 37.007;

		(4)  specify whether consideration is given, as a 

factor in a decision to order suspension, removal to a disciplinary 

alternative education program, or expulsion, to:

			(A)  self-defense;                                                           

			(B)  intent or lack of intent at the time the 

student engaged in the conduct;

			(C)  a student's disciplinary history; or                                    

			(D)  a disability that substantially impairs the 

student's capacity to appreciate the wrongfulness of the student's 

conduct;

		(5)  provide guidelines for setting the length of a 

term of:                

			(A)  a removal under Section 37.006; and                                     

			(B)  an expulsion under Section 37.007;                                      

		(6)  address the notification of a student's parent or 

guardian of a violation of the student code of conduct committed by 

the student that results in suspension, removal to a disciplinary 

alternative education program, or expulsion;

		(7)  prohibit bullying, harassment, and making hit 

lists and ensure that district employees enforce those 

prohibitions; and

		(8)  provide, as appropriate for students at each grade 

level, methods, including options, for:

			(A)  managing students in the classroom and on 

school grounds;             

			(B)  disciplining students; and                                              

			(C)  preventing and intervening in student 

discipline problems, including bullying, harassment, and making 

hit lists.

	SECTION ___.  Section 37.002(c), Education Code, is amended 

to read as follows:

	(c)  If a teacher removes a student from class under 

Subsection (b), the principal may place the student into another 

appropriate classroom, into in-school suspension, or into a 

disciplinary alternative education program as provided by Section 

37.008.  The principal may not return the student to that teacher's 

class without the teacher's consent unless the site-based school 

discipline policy committee established under Section 11.2531 or, 

if such a committee is not established, the committee established 

under Section 37.003 determines that such placement is the best or 

only alternative available.  The terms of the removal may prohibit 

the student from attending or participating in school-sponsored or 

school-related activity.

	SECTION ___.  Section 37.002(d), Education Code, as amended 

by HB 603, Acts of the 79th Legislature, Regular Session, 2005, is 

amended to read as follows:

	(d)  A teacher shall remove from class and send to the 

principal for placement in a disciplinary alternative education 

program or for expulsion, as appropriate, a student who engages in 

conduct described under Section 37.006 or 37.007.  The student may 

not be returned to that teacher's class without the teacher's 

consent unless the site-based school discipline policy committee 

established under Section 11.2531 or, if such a committee is not 

established, the committee established under Section 37.003 

determines that such placement is the best or only alternative 

available.  If the teacher removed the student from class because 

the student has engaged in the elements of any offense listed in 

Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C) 

against the teacher, the student may not be returned to the 

teacher's class without the teacher's consent.  The teacher may not 

be coerced to consent.