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A BILL TO BE ENTITLED
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AN ACT
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relating to discipline of public school students who fail to report |
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possession or use of prescription medication on or near school |
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premises, at school or school-related activities, or on a school |
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bus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.005, Education Code, is amended by |
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adding Subsections (a-1), (a-2), and (a-3) to read as follows: |
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(a-1) Based on a student's disciplinary history, the |
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student's intent, the best interests of the school, the best |
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interests of the student, the possible use of a lesser punishment, |
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and the possible benefits of rehabilitation rather than punishment, |
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as determined by the principal or other appropriate administrator, |
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a student may, except as provided by Subsection (a-2), be suspended |
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under this section if the student, in, on, or within 1,000 feet of |
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school premises, as defined by Section 481.134, Health and Safety |
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Code, while attending a school-sponsored or school-related |
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activity on or off of school premises, or on a school bus, possesses |
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or uses a controlled substance, as defined by Chapter 481, Health |
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and Safety Code, or by 21 U.S.C. Section 801 et seq., or a dangerous |
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drug, as defined by Chapter 483, Health and Safety Code, if: |
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(1) the substance or drug has been prescribed to the |
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student as medication as indicated by the lawfully issued |
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prescription label; |
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(2) the student has failed to follow school procedures |
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for reporting to school personnel the student's possession or use |
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of the substance or drug; and |
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(3) there is reason to believe that the student's |
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possession or use of the substance or drug is for the student's |
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personal medical needs. |
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(a-2) A principal or other appropriate administrator shall |
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suspend under this section a student who has been determined to have |
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engaged in conduct as described by Subsection (a-1) more than one |
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time. |
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(a-3) Notwithstanding any other law, a student may not be |
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issued a citation for engaging in conduct described by Subsection |
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(a-1). |
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SECTION 2. Section 37.006, Education Code, is amended by |
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adding Subsection (q) to read as follows: |
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(q) Notwithstanding any other provision of this section, |
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based on a student's disciplinary history, the student's intent, |
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the best interests of the school, the best interests of the student, |
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the possible use of a lesser punishment, and the possible benefits |
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of rehabilitation rather than punishment, as determined by the |
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school principal or other appropriate administrator, a student may, |
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except as provided by Sections 37.005(a-1) and (a-2), be removed |
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from class and placed in a disciplinary alternative education |
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program as provided by Section 37.008 if the student engages in |
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conduct as described by Section 37.005(a-1). |
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SECTION 3. Section 37.007, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In determining whether to expel a student under |
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Subsection (b) for possession or use of a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq., or a dangerous drug, as defined by Chapter 483, |
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Health and Safety Code, the school principal shall consider the |
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student's disciplinary history, the student's intent, the best |
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interests of the school, the best interests of the student, the |
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possible use of a lesser punishment, and the possible benefits of |
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rehabilitation rather than punishment if: |
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(1) the substance or drug has been prescribed to the |
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student as medication as indicated by the lawfully issued |
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prescription label; |
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(2) the student has failed to follow school procedures |
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for reporting to school personnel the student's possession or use |
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of the substance or drug; and |
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(3) there is reason to believe that the student's |
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possession or use of the substance or drug is for the student's |
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personal medical needs. |
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SECTION 4. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 5. 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, 2009. |