81R10865 KKA-D
 
  By: Olivo H.B. No. 3038
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the discipline of public school students who
  voluntarily surrender prohibited items.
         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, 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; and
               (9)  provide guidelines under which:
                     (A)  a student who unknowingly brings to school a
  prohibited item, including an item described by Section
  37.007(a)(1) or (b)(2), may avoid disciplinary action by turning
  over the item to a school official; and
                     (B)  the school official must provide written
  notice of the incident to the student's parent.
         SECTION 2.  Sections 37.007(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A student shall be expelled from a school if the
  student, on school property or while attending a school-sponsored
  or school-related activity on or off of school property:
               (1)  uses, exhibits, or knowingly possesses:
                     (A)  a firearm as defined by Section 46.01(3),
  Penal Code;
                     (B)  an illegal knife as defined by Section
  46.01(6), Penal Code, or by local policy;
                     (C)  a club as defined by Section 46.01(1), Penal
  Code; or
                     (D)  a weapon listed as a prohibited weapon under
  Section 46.05, Penal Code;
               (2)  engages in conduct that contains the elements of
  the offense of:
                     (A)  aggravated assault under Section 22.02,
  Penal Code, sexual assault under Section 22.011, Penal Code, or
  aggravated sexual assault under Section 22.021, Penal Code;
                     (B)  arson under Section 28.02, Penal Code;
                     (C)  murder under Section 19.02, Penal Code,
  capital murder under Section 19.03, Penal Code, or criminal
  attempt, under Section 15.01, Penal Code, to commit murder or
  capital murder;
                     (D)  indecency with a child under Section 21.11,
  Penal Code;
                     (E)  aggravated kidnapping under Section 20.04,
  Penal Code;
                     (F)  aggravated robbery under Section 29.03,
  Penal Code;
                     (G)  manslaughter under Section 19.04, Penal
  Code;
                     (H)  criminally negligent homicide under Section
  19.05, Penal Code; or
                     (I)  continuous sexual abuse of a young child or
  children under Section 21.02, Penal Code; or
               (3)  engages in conduct specified by Section
  37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
         (b)  A student may be expelled if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code, or terroristic threat under Section
  22.07, Penal Code;
               (2)  while on or within 300 feet of school property, as
  measured from any point on the school's real property boundary
  line, or while attending a school-sponsored or school-related
  activity on or off of school property:
                     (A)  sells, gives, or delivers to another person
  or knowingly possesses, uses, or is under the influence of any
  amount of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                           (iii)  an alcoholic beverage, as defined by
  Section 1.04, Alcoholic Beverage Code;
                     (B)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.033 [485.034], Health and Safety Code;
                     (C)  engages in conduct that contains the elements
  of an offense under Section 22.01(a)(1), Penal Code, against a
  school district employee or a volunteer as defined by Section
  22.053; or
                     (D)  engages in conduct that contains the elements
  of the offense of deadly conduct under Section 22.05, Penal Code;
               (3)  subject to Subsection (d), while within 300 feet
  of school property, as measured from any point on the school's real
  property boundary line:
                     (A)  engages in conduct specified by Subsection
  (a); or
                     (B)  possesses a firearm, as defined by 18 U.S.C.
  Section 921; or
               (4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(A) or (C) or the offense of
  aggravated robbery under Section 29.03, Penal Code, against another
  student, without regard to whether the conduct occurs on or off of
  school property or while attending a school-sponsored or
  school-related activity on or off of school property.
         SECTION 3.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 4.  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, 2009.