80R2104 SLO-D

By: Anderson H.B. No. 376

A BILL TO BE ENTITLED

AN ACT

relating to site-based public school discipline policy committees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 11.253(d) and (h), Education Code, are amended to read as follows:

(d) Each campus improvement plan must:

(1) assess the academic achievement for each student in the school using the academic excellence indicator system as described by Section 39.051;

(2) set the campus performance objectives based on the academic excellence indicator system, including objectives for special needs populations, including students in special education programs under Subchapter A, Chapter 29;

(3) identify how the campus goals will be met for each student;

(4) determine the resources needed to implement the plan;

(5) identify staff needed to implement the plan;

(6) set timelines for reaching the goals;

(7) measure progress toward the performance objectives periodically to ensure that the plan is resulting in academic improvement;

(8) include goals and methods for violence prevention and intervention on campus as approved by a site-based school discipline policy committee established under Section 11.2531, if such a committee is established; and

(9) provide for a program to encourage parental involvement at the campus.

(h) A principal shall regularly consult the campus-level committee and a site-based school discipline policy committee established under Section 11.2531, if such a committee is established, in the planning, operation, supervision, and evaluation of the campus educational program.

SECTION 2. Subchapter F, Chapter 11, Education Code, is amended by adding Section 11.2531 to read as follows:

Sec. 11.2531. SITE-BASED SCHOOL DISCIPLINE POLICY COMMITTEE. (a) Each school district shall permit the establishment of a site-based school discipline policy committee at a district campus.

(b) A group of classroom teachers at a campus may establish a site-based school discipline policy committee by a petition containing the signatures of at least 50 percent of the classroom teachers at the campus. If such a petition is submitted to the principal not later than the 10th instructional day of a school year, the principal shall approve the establishment of the committee.

(c) A member of a site-based school discipline policy committee must be a full-time classroom teacher.

(d) Not later than the 20th instructional day of a school year, the committee shall meet and elect by secret ballot an executive board from its membership. The board shall establish policies concerning the time and manner of committee and board meetings.

(e) A site-based school discipline policy committee shall establish policies regarding:

(1) discipline management and the student code of conduct in accordance with Chapter 37;

(2) goals and methods for violence prevention and intervention on campus;

(3) the safety of teachers and other school personnel; and

(4) methods for teachers to address the committee or the board regarding individual or systematic concerns in matters of school discipline or school personnel safety.

SECTION 3. 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, and of the site-based school discipline policy committees for campuses in the district, if such committees are established, 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, as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion, to:

(A) self-defense;

(B) intent or lack of intent at the time the student engaged in the conduct;

(C) a student's disciplinary history; or

(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;

(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;

(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;

(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions; and

(8) provide, as appropriate for students at each grade level, methods, including options, for:

(A) managing students in the classroom and on school grounds;

(B) disciplining students; and

(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists.

SECTION 4. Sections 37.002(c) and (d), Education Code, are amended to read as follows:

(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008. The principal may not return the student to that teacher's class without the teacher's consent unless the site-based school discipline policy committee established under Section 11.2531 or, if such a committee is not established, the committee established under Section 37.003 determines that such placement is the best or only alternative available. The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activity.

(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 site-based school discipline policy committee established under Section 11.2531 or, if such a committee is not established, 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 5. This Act applies beginning with the 2007-2008 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, 2007 .