By:  Shapiro, West                                                S.B. No. 959


A BILL TO BE ENTITLED

AN ACT

relating to notice to educators of a public school student's 
misconduct and to placement of a student who has assaulted a 
teacher.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 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 2.  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 3.  Subsection (g), Section 37.007, 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 4.  Subsection (j), Section 37.008, 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 5.  This Act applies beginning with the 2005-2006 
school year.       
	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.