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A BILL TO BE ENTITLED
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AN ACT
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relating to expulsion from school or placement in a disciplinary |
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alternative education program. |
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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, including |
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circumstances in which a student engages in serious misbehavior |
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under Section 37.007(c); |
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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 consideration will be given, as a |
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factor in each decision concerning suspension, removal to a |
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disciplinary alternative education program, expulsion, or |
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placement in a juvenile justice alternative education program, |
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regardless of whether the decision concerns a mandatory or |
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discretionary action, 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. Sections 37.006(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) In addition to Subsections (a) and (b), a student shall |
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be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the student receives deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; |
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(2) a court or jury finds that the student has engaged |
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in delinquent conduct under Section 54.03, Family Code, for conduct |
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defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; or |
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(3) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in a |
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conduct defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code. |
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(d) In addition to Subsections (a), (b), and (c), a student |
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may be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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more than 300 feet off campus and while the student is not in |
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attendance at a school-sponsored or school-related activity if: |
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(1) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in |
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conduct defined as a felony offense other than aggravated robbery |
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under Section 29.03, Penal Code, or those offenses defined in Title |
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5, Penal Code; and |
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(2) the continued presence of the student in the |
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regular classroom threatens the safety of other students or |
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teachers or will be detrimental to the educational process. |
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SECTION 3. Sections 37.007(a), (b), and (c), Education |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (k), a student shall be |
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expelled from a school if the student, while on or 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, or while attending a school-sponsored or |
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school-related activity on or off of school property: |
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(1) uses, exhibits, or possesses: |
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(A) a firearm as defined by Section 46.01(3), |
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Penal Code, or 18 U.S.C. Section 921; |
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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 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 possesses, uses, or is under the influence of any 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 485.034, 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; or |
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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, if the conduct occurs more than 300 feet off campus and |
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[without regard to whether the conduct occurs on or off of school
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property or] while the student is not in attendance at [attending] a |
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school-sponsored or school-related activity [on or off of school
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property]. |
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(c) A student may be expelled if the student, while placed |
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in a disciplinary [an] alternative education program, engages [for
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disciplinary reasons, continues to engage] in documented serious |
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[or persistent] misbehavior while on the program campus despite |
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documented behavioral interventions [that violates the district's
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student code of conduct]. For purposes of this subsection, |
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"serious misbehavior" means: |
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(1) deliberate violent behavior that poses a direct |
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threat to the health or safety of others; |
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(2) extortion, meaning the gaining of money or other |
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property by force or threat; |
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(3) conduct that constitutes coercion, as defined by |
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Section 1.07, Penal Code; or |
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(4) conduct that constitutes the offense of: |
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(A) public lewdness under Section 21.07, Penal |
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Code; |
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(B) indecent exposure under Section 21.08, Penal |
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Code; |
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(C) criminal mischief under Section 28.03, Penal |
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Code; |
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(D) personal hazing under Section 37.152; or |
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(E) harassment under Section 42.07(a)(1), Penal |
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Code, of a student or district employee. |
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SECTION 4. Section 37.0081(a), Education Code, is amended |
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to read as follows: |
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(a) Subject to Subsection (h), but notwithstanding any |
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other provision of this subchapter, the board of trustees of a |
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school district, or the board's designee, after an opportunity for |
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a hearing may expel a student and elect to place the student in an |
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alternative setting as provided by Subsection (a-1) if: |
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(1) the student: |
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(A) has received deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(B) has been found by a court or jury to have |
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engaged in delinquent conduct under Section 54.03, Family Code, for |
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conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(C) is charged with engaging in conduct defined |
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as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(D) has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct under Section 54.03, |
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Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(E) has received probation or deferred |
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adjudication for a felony offense under Title 5, Penal Code, or the |
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felony offense of aggravated robbery under Section 29.03, Penal |
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Code; |
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(F) has been convicted of a felony offense under |
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Title 5, Penal Code, or the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; or |
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(G) has been arrested for or charged with a |
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felony offense under Title 5, Penal Code, or the felony offense of |
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aggravated robbery under Section 29.03, Penal Code; and |
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(2) the board or the board's designee determines that |
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the student's presence in the regular classroom: |
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(A) threatens the safety of other students or |
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teachers; |
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(B) will be detrimental to the educational |
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process; or |
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(C) is not in the best interests of the |
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district's students. |
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SECTION 5. Section 37.009(c), Education Code, is amended to |
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read as follows: |
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(c) Before it may place a student in a disciplinary |
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alternative education program for a period that extends beyond the |
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end of the school year, the board or the board's designee must |
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determine that: |
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(1) the student's presence in the regular classroom |
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program or at the student's regular campus presents a danger of |
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physical harm to the student or to another individual; or |
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(2) the student has engaged in serious [or persistent] |
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misbehavior, as defined by Section 37.007(c) [that violates the
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district's student code of conduct]. |
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SECTION 6. Sections 37.011(k) and (l), Education Code, are |
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amended to read as follows: |
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(k) Each school district in a county with a population |
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greater than 125,000 and the county juvenile board shall annually |
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enter into a joint memorandum of understanding that: |
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(1) outlines the responsibilities of the juvenile |
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board concerning the establishment and operation of a juvenile |
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justice alternative education program under this section; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board for students of the school |
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district served in the juvenile justice alternative education |
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program whose placement was not made on the basis of an expulsion |
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required under Section 37.007(a), (d), or (e); |
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(3) establishes [identifies those categories of
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conduct] that [the school district has defined in its student code
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of conduct as constituting serious or persistent misbehavior for
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which] a student may be placed in the juvenile justice alternative |
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education program if the student engages in serious misbehavior, as |
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defined by Section 37.007(c); |
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(4) identifies and requires a timely placement and |
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specifies a term of placement for expelled students for whom the |
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school district has received a notice under Section 52.041(d), |
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Family Code; |
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(5) establishes services for the transitioning of |
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expelled students to the school district prior to the completion of |
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the student's placement in the juvenile justice alternative |
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education program; |
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(6) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(7) establishes the circumstances and conditions |
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under which a juvenile may be allowed to remain in the juvenile |
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justice alternative education program setting once the juvenile is |
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no longer under juvenile court jurisdiction; and |
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(8) establishes a plan to address special education |
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services required by law. |
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(l) The school district shall be responsible for providing |
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an immediate educational program to students who engage in behavior |
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resulting in expulsion under Section 37.007(b)[, (c),] and (f) but |
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who are not eligible for admission into the juvenile justice |
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alternative education program in accordance with the memorandum of |
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understanding required under this section. The school district may |
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provide the program or the school district may contract with a |
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county juvenile board, a private provider, or one or more other |
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school districts to provide the program. The memorandum of |
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understanding shall address the circumstances under which such |
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students who continue to engage in serious [or persistent] |
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misbehavior, as defined by Section 37.007(c), shall be admitted |
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into the juvenile justice alternative education program. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2011-2012 school year. |
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(b) Sections 37.001(a), 37.007(c), 37.009(c), and 37.011(k) |
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and (l), Education Code, as amended by this Act, apply beginning |
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with the 2012-2013 school year. |
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SECTION 8. 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, 2011. |