By: Gallegos  S.B. No. 2270
         (In the Senate - Filed March 13, 2009; March 31, 2009, read
  first time and referred to Committee on Education; April 24, 2009,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 8, Nays 0; April 24, 2009, sent to printer.)
  COMMITTEE SUBSTITUTE FOR S.B. No. 2270 By:  Gallegos
  relating to consideration of mitigating factors in determining
  appropriate disciplinary action to be taken against a public school
         SECTION 1.  Subsection (a), Section 37.001, 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 that [whether] consideration will be [is]
  given, as a factor in each [a] decision concerning [to order]
  suspension, removal to a disciplinary alternative education
  program, or expulsion and placement in a juvenile justice
  alternative education program, regardless of whether the decision
  concerns a mandatory or discretionary action, 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
               (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 2.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 3.  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.
  * * * * *