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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of a student in a disciplinary alternative |
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education program for certain harassing behavior directed at an |
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educator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006, Education Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) In addition to Subsections (a), (b), and (c), a |
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student shall be removed from class and placed for a period of not |
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less than 60 days in a disciplinary alternative education program |
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as provided by Section 37.008 if: |
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(1) the student publishes, as defined by Section |
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33A.01, Penal Code: |
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(A) a threat of death or a threat of bodily |
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injury, as defined by Section 1.07, Penal Code, that is directed at |
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an educator; |
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(B) material associating an educator with a |
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terroristic, criminal, or hate group; or |
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(C) material depicting an educator engaging in an |
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act that is obscene, as defined by Section 43.21, Penal Code; |
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(2) the student's behavior would cause a reasonable |
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educator to fear: |
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(A) bodily injury or death for himself or |
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herself; |
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(B) bodily injury or death for a member of the |
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educator's family or household as defined by Chapter 71, Family |
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Code; or |
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(C) that an offense will be committed, or |
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delinquent conduct will be engaged in, against the educator's |
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property; and |
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(3) the student's behavior: |
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(A) causes injury to the educator's professional |
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reputation; |
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(B) significantly impairs the educator's ability |
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to perform professional duties; or |
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(C) causes substantial disruption to the |
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educator's classroom or the campus environment. |
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SECTION 2. Section 37.001(e), Education Code, is amended to |
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read as follows: |
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(e) Except as provided by Section 37.006(d-2) or 37.007(e), |
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this subchapter does not require the student code of conduct to |
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specify a minimum term of a removal under Section 37.006 or an |
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expulsion under Section 37.007. |
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SECTION 3. This Act applies beginning with the 2011-2012 |
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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, 2011. |