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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