79R5380 PAM-D
By: Dutton H.B. No. 1689
A BILL TO BE ENTITLED
AN ACT
relating to the burden of proof required to remove or expel a
student from public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.006(c), (d), and (e), Education
Code, are amended to read as follows:
(c) In addition to Subsections (a) and (b), a student shall
be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the student receives deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code;
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
(3) the superintendent or the superintendent's
designee has probable cause to believe [a reasonable belief] that
the student has engaged in a conduct defined as a felony offense in
Title 5, Penal Code.
(d) In addition to Subsections (a), (b), and (c), a student
may be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the superintendent or the superintendent's
designee has probable cause to believe [a reasonable belief] that
the student has engaged in conduct defined as a felony offense other
than those defined in Title 5, Penal Code; and
(2) the continued presence of the student in the
regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
(e) In determining whether there is probable cause to
believe [a reasonable belief] that a student has engaged in conduct
defined as a felony offense by the Penal Code, the superintendent or
the superintendent's designee may consider all available
information, including the information furnished under Article
15.27, Code of Criminal Procedure.
SECTION 2. Sections 37.009(a), (c), (f), and (g), Education
Code, are amended to read as follows:
(a) Not later than the third class day after the day on which
a student is removed from class by the teacher under Section
37.002(b) or (d) or by the school principal or other appropriate
administrator under Section 37.001(a)(2) or 37.006, the principal
or other appropriate administrator shall schedule a conference
among the principal or other appropriate administrator, a parent or
guardian of the student, the teacher removing the student from
class, if any, and the student. At the conference, the student is
entitled to written or oral notice of the reasons for the removal,
an explanation of the basis for the removal, including specific
findings establishing the basis for probable cause to believe that
the student engaged in the conduct that is the basis for the
removal, and an opportunity to respond to the reasons for the
removal. The student may not be returned to the regular classroom
pending the conference. Following the conference, and whether or
not each requested person is in attendance after valid attempts to
require the person's attendance, the principal shall order the
placement of the student for a period consistent with the student
code of conduct. If school district policy allows a student to
appeal to the board of trustees or the board's designee a decision
of the principal or other appropriate administrator, other than an
expulsion under Section 37.007, the decision of the board or the
board's designee is final and may not be appealed. If the period of
the placement is inconsistent with the guidelines included in the
student code of conduct under Section 37.001(a)(5), the order must
give notice of the inconsistency. The period of the placement may
not exceed one year unless, after a review, the district determines
that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(c) Before it may place a student in a disciplinary
alternative education program for a period that extends beyond the
end of the school year, the board or the board's designee must
determine that:
(1) the student's presence in the regular classroom
program or at the student's regular campus presents a danger of
physical harm to the student or to another individual; or
(2) probable cause exists to believe that the student
has engaged in serious or persistent misbehavior that violates the
district's student code of conduct.
(f) Before a student may be expelled under Section 37.007,
the board or the board's designee must provide the student a hearing
at which the student is afforded appropriate due process as
required by the federal constitution and which the student's parent
or guardian is invited, in writing, to attend. At the hearing, the
student is entitled to be represented by the student's parent or
guardian or another adult who can provide guidance to the student
and who is not an employee of the school district. If the school
district makes a good-faith effort to inform the student and the
student's parent or guardian of the time and place of the hearing,
the district may hold the hearing regardless of whether the
student, the student's parent or guardian, or another adult
representing the student attends. The board may expel the student
if the board finds that probable cause exists to believe that the
student engaged in the conduct described by Section 37.007. If the
decision to expel a student is made by the board's designee, the
decision may be appealed to the board. The decision of the board
may be appealed by trial de novo to a district court of the county in
which the school district's central administrative office is
located.
(g) The board or the board's designee shall deliver to the
student and the student's parent or guardian a copy of the order
placing the student in a disciplinary alternative education program
under Section 37.001, 37.002, or 37.006 or expelling the student
under Section 37.007. An order under this subsection must include
specific findings establishing the basis for probable cause to
believe that the student engaged in the conduct described by
Section 37.006 or 37.007.
SECTION 3. This Act applies beginning with the 2005-2006
school year.
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, 2005.