H.B. No. 603
AN ACT
relating to the suspension, removal, or expulsion of a public
school student and notice to educators of the student's misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001, Education Code, is amended by
amending Subsection (a) and adding Subsection (e) 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, 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, [to
self-defense] 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; and
(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.
(e) Except as provided by Section 37.007(e), this
subchapter does not require the student code of conduct to specify a
minimum term of a removal under Section 37.006 or an expulsion under
Section 37.007.
SECTION 2. Section 37.002(d), Education Code, 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 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.
SECTION 3. Section 37.006, Education Code, is amended by
adding Subsection (o) to read as follows:
(o) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a principal or a principal's designee
shall inform each educator who has responsibility for, or is under
the direction and supervision of an educator who has responsibility
for, the instruction of a student who has engaged in any violation
listed in this section of the student's misconduct. Each educator
shall keep the information received under this subsection
confidential from any person not entitled to the information under
this subsection, except that the educator may share the information
with the student's parent or guardian as provided for by state or
federal law. The State Board for Educator Certification may revoke
or suspend the certification of an educator who intentionally
violates this subsection.
SECTION 4. Section 37.007(g), Education Code, is amended to
read as follows:
(g) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a [A] school district shall inform each
educator who has responsibility for, or is under the direction and
supervision of an educator who has responsibility for, the
instruction [teacher who has regular contact with a student through
a classroom assignment of the conduct] of a student who has engaged
in any violation listed in this section of the student's
misconduct. Each educator [A teacher] shall keep the information
received under [in] this subsection confidential from any person
not entitled to the information under this subsection, except that
the educator may share the information with the student's parent or
guardian as provided for by state or federal law. The State Board
for Educator Certification may revoke or suspend the certification
of an educator [a teacher] who intentionally violates this
subsection.
SECTION 5. Section 37.008(j), Education Code, is amended to
read as follows:
(j) If a student placed in a disciplinary alternative
education program enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in
which the student enrolls, at the same time other records of the
student are provided, a copy of the placement order. The district
in which the student enrolls shall inform each educator who will
have responsibility for, or will be under the direction and
supervision of an educator who will have responsibility for, the
instruction of the student of the contents of the placement order.
Each educator shall keep the information received under this
subsection confidential from any person not entitled to the
information under this subsection, except that the educator may
share the information with the student's parent or guardian as
provided for by state or federal law. The district in which the
student enrolls may continue the disciplinary alternative
education program placement under the terms of the order or may
allow the student to attend regular classes without completing the
period of placement. A district may take any action permitted by
this subsection if:
(1) the student was placed in a disciplinary
alternative education program by an open-enrollment charter school
under Section 12.131 and the charter school provides to the
district a copy of the placement order; or
(2) the student was placed in a disciplinary
alternative education program by a school district in another state
and:
(A) the out-of-state district provides to the
district a copy of the placement order; and
(B) the grounds for the placement by the
out-of-state district are grounds for placement in the district in
which the student is enrolling.
SECTION 6. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 603 was passed by the House on April
27, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 603 on May 27, 2005, by the following
vote: Yeas 143, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 603 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor