By: Lindsay S.B. No. 126
(In the Senate - Filed December 21, 2004; February 1, 2005,
read first time and referred to Committee on Education;
March 29, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 29, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 126 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the discipline of public school students.
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 Subsections (b) and (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;
(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) permit a principal or other appropriate
administrator to reduce the term of a disciplinary 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 a disciplinary alternative education
program for conduct described by Section 37.006(a)(2)(B), (C), (D),
or (E) unless the conduct described by Section 37.006(a)(2)(C) or
(D) is punishable as a felony;
(7) permit the board of trustees or a person
designated by the board to reduce the term of any expulsion
otherwise prescribed by district policy or to place a student in a
disciplinary alternative education program rather than expelling
the student for conduct specified by Section 37.007(a)(1);
(8) require a principal or other appropriate
administrator or the board of trustees or the board's designee, in
making a determination under Subdivision (6) or (7), to consider a
student's disciplinary history and the student's intent or lack of
intent at the time the student engaged in the conduct; and
(9) 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.
(b) The student code of conduct may include additional
factors, as determined appropriate by the board of trustees, for a
principal or other appropriate administrator to consider in making
a determination under Subsection (a)(6) or the board or a person
designated by the board to consider in making a determination under
Subsection (a)(7).
(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. Subsection (d), Section 37.002, Education Code,
is amended to read as follows:
(d) A teacher shall remove from class and send to the
principal for appropriate [placement in a] disciplinary action
[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.
SECTION 3. Subsections (a) through (d) and (f), Section
37.006, Education Code, are amended to read as follows:
(a) Except as provided by Section 37.001(a)(6), a [A]
student shall be removed from class and placed in a disciplinary
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 an abusable volatile chemical under
Sections 485.031 through 485.034, 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.
(b) Except as provided by Section 37.001(a)(6) or
37.007(d), a student shall be removed from class and placed in a
disciplinary alternative education program under Section 37.008 if
the student engages in conduct on or off of school property that
contains the elements of the offense of retaliation under Section
36.06, Penal Code, against any school employee.
(c) In addition to Subsections (a) and (b) and except as
provided by Section 37.001(a)(6), 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 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) and except
as provided by Section 37.001(a)(6), 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 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.
(f) Subject to Section 37.007(e) and except as provided by
Section 37.001(a)(6), a student who is younger than 10 years of age
shall be removed from class and placed in a disciplinary
alternative education program under Section 37.008 if the student
engages in conduct described by Section 37.007. An elementary
school student may not be placed in a disciplinary alternative
education program with any other student who is not an elementary
school student.
SECTION 4. Section 37.007, Education Code, is amended by
amending Subsection (a) and adding Subsection (j) to read as
follows:
(a) Except as provided by Section 37.001(a)(7), 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;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code; or
(H) criminally negligent homicide under Section
19.05, 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.
(j) The superintendent may modify the length of expulsion
for any expelled student and may provide services in a disciplinary
alternative education program as provided by Section 37.008 to an
expelled student who is 10 years of age or older. To the extent of
any conflict between this subsection and Section 37.011, this
subsection prevails.
SECTION 5. 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.
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