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A BILL TO BE ENTITLED
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AN ACT
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relating to the discipline of public school students who |
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voluntarily surrender prohibited items. |
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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 whether consideration is given, as a |
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factor in a decision to order suspension, removal to a disciplinary |
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alternative education program, or 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; and |
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(9) provide guidelines under which: |
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(A) a student who unknowingly brings to school a |
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prohibited item, including an item described by Section |
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37.007(a)(1) or (b)(2), may avoid disciplinary action by turning |
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over the item to a school official; and |
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(B) the school official must provide written |
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notice of the incident to the student's parent. |
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SECTION 2. Sections 37.007(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A student shall be expelled from a school if the |
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student, on school property or while attending a school-sponsored |
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or school-related activity on or off of school property: |
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(1) uses, exhibits, or knowingly possesses: |
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(A) a firearm as defined by Section 46.01(3), |
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Penal Code; |
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(B) an illegal knife as defined by Section |
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46.01(6), Penal Code, or by local policy; |
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(C) a club as defined by Section 46.01(1), Penal |
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Code; or |
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(D) a weapon listed as a prohibited weapon under |
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Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; or |
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(I) continuous sexual abuse of a young child or |
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children under Section 21.02, Penal Code; or |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. |
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(b) A student may be expelled if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; |
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(2) while on or within 300 feet of school property, as |
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measured from any point on the school's real property boundary |
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line, or while attending a school-sponsored or school-related |
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activity on or off of school property: |
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(A) sells, gives, or delivers to another person |
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or knowingly possesses, uses, or is under the influence of any |
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amount of: |
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(i) marihuana or 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.; |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; or |
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(iii) an alcoholic beverage, as defined by |
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Section 1.04, Alcoholic Beverage Code; |
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(B) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.033 [485.034], Health and Safety Code; |
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(C) engages in conduct that contains the elements |
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of an offense under Section 22.01(a)(1), Penal Code, against a |
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school district employee or a volunteer as defined by Section |
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22.053; or |
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(D) engages in conduct that contains the elements |
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of the offense of deadly conduct under Section 22.05, Penal Code; |
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(3) subject to Subsection (d), while within 300 feet |
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of school property, as measured from any point on the school's real |
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property boundary line: |
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(A) engages in conduct specified by Subsection |
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(a); or |
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(B) possesses a firearm, as defined by 18 U.S.C. |
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Section 921; or |
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(4) engages in conduct that contains the elements of |
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any offense listed in Subsection (a)(2)(A) or (C) or the offense of |
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aggravated robbery under Section 29.03, Penal Code, against another |
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student, without regard to whether the conduct occurs on or off of |
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school property or while attending a school-sponsored or |
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school-related activity on or off of school property. |
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SECTION 3. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 4. 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. |