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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of mitigating factors in determining |
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appropriate disciplinary action to be taken against a public school |
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student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.001(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of an independent school district |
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shall, with the advice of its district-level committee established |
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under Subchapter F, Chapter 11, adopt a student code of conduct for |
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the district. The student code of conduct must be posted and |
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prominently displayed at each school campus or made available for |
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review at the office of the campus principal. In addition to |
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establishing standards for student conduct, the student code of |
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conduct must: |
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(1) specify the circumstances, in accordance with this |
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subchapter, under which a student may be removed from a classroom, |
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campus, or disciplinary alternative education program; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to transfer a student |
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to a disciplinary alternative education program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.005 or expelled as provided by |
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Section 37.007; |
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(4) specify that [whether] consideration will be [is] |
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given, as a factor in a decision regarding [to order] suspension, |
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removal to a disciplinary alternative education program, or |
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expulsion, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.006; and |
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(B) an expulsion under Section 37.007; |
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(6) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in suspension, removal to a disciplinary |
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alternative education program, or expulsion; |
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(7) prohibit bullying, harassment, and making hit |
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lists and ensure that district employees enforce those |
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prohibitions; and |
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(8) provide, as appropriate for students at each grade |
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level, methods, including options, for: |
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(A) managing students in the classroom and on |
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school grounds; |
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(B) disciplining students; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, harassment, and making |
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hit lists. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |