79R7571 PAM-D

By:  West, Royce                                                  S.B. No. 1356



A BILL TO BE ENTITLED

AN ACT

relating to the inclusion in a public school district student code 
of conduct of a provision requiring consideration of a culpable 
mental state in disciplinary decisions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.001(a), Education Code, is amended 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 a 
culpable mental state as a factor in a decision to order suspension, 
removal to a disciplinary alternative education program, or 
expulsion;
		(5)  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;
		(6) [(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                                 
		(7) [(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.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  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.