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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting, standards, restrictions, and requirements |
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regarding public school disciplinary actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.131, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) An open-enrollment charter school may not elect to |
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suspend a student for a number of school days that exceeds the |
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maximum number of school days allowed under Section 37.005(b). |
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SECTION 2. The heading to Section 37.020, Education Code, |
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is amended to read as follows: |
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Sec. 37.020. REPORTS RELATING TO [EXPULSIONS AND] |
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DISCIPLINARY ACTIONS [ALTERNATIVE EDUCATION PROGRAM PLACEMENTS]. |
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SECTION 3. Section 37.020, Education Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) For each placement in a disciplinary alternative |
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education program established under Section 37.008, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race or ethnicity, sex, and date of birth, and, if |
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applicable, the student's designation as a student with |
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disabilities, that will enable the agency to compare placement data |
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with information collected through other reports; |
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(2) information indicating whether the placement was |
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based on: |
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(A) conduct violating the student code of conduct |
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adopted under Section 37.001; |
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(B) conduct for which a student may be removed |
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from class under Section 37.002(b); |
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(C) conduct for which placement in a disciplinary |
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alternative education program is required by Section 37.006; or |
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(D) conduct occurring while a student was |
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enrolled in another district and for which placement in a |
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disciplinary alternative education program is permitted by Section |
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37.008(j); |
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(3) the number of full or partial days the student was |
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assigned to the program and the number of full or partial days the |
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student attended the program; and |
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(4) the number of placements that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(c) For each expulsion under Section 37.007, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race or ethnicity, sex, and date of birth, and, if |
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applicable, the student's designation as a student with |
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disabilities, that will enable the agency to compare placement data |
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with information collected through other reports; |
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(2) information indicating whether the expulsion was |
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based on: |
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(A) conduct for which expulsion is required under |
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Section 37.007, including information specifically indicating |
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whether a student was expelled on the basis of Section 37.007(e); or |
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(B) conduct for which expulsion is permitted |
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under Section 37.007; |
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(3) the number of full or partial days the student was |
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expelled; |
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(4) information indicating whether: |
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(A) the student was placed in a juvenile justice |
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alternative education program under Section 37.011; |
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(B) the student was placed in a disciplinary |
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alternative education program; or |
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(C) the student was not placed in a juvenile |
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justice or other disciplinary alternative education program; and |
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(5) the number of expulsions that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(d) Each district shall report all other disciplinary |
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actions resulting in a removal of a student from any part of the |
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student's regular academic program, including suspension and |
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in-school suspension. For each disciplinary action, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race or ethnicity, sex, and date of birth, and, if |
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applicable, the student's designation as a student with |
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disabilities, that will enable the agency to compare placement data |
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with information collected through other reports; |
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(2) information indicating the type of disciplinary |
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action; |
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(3) information indicating the basis of the |
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disciplinary action; and |
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(4) the number of full or partial days the student was |
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the subject of disciplinary action. |
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SECTION 4. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Sections 37.0201 and 37.0202 to read as follows: |
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Sec. 37.0201. DISCIPLINARY ACTION DATA. (a) For purposes |
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of this section, "discretionary disciplinary action" includes: |
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(1) in-school suspension; |
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(2) suspension or placement in a disciplinary |
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education program, other than placement in a disciplinary education |
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program in accordance with Section 37.006(a), (b), (c), or (f), |
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Section 37.007(e), or Section 37.304; and |
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(3) expulsion or placement in a juvenile justice |
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alternative education program, other than expulsion or placement in |
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a juvenile justice alternative education program for conduct |
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described by Section 37.007(a) or (e), in accordance with Section |
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37.007(d) if the conduct contains the elements of any offense |
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listed in Section 37.007(a), or in accordance with Section 37.304. |
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(b) The agency shall evaluate information reported under |
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Section 37.020 to determine whether: |
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(1) a school district has taken a discretionary |
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disciplinary action against an excessive number of students; |
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(2) a district has taken a discretionary disciplinary |
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action against a disproportionate number of students with |
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disabilities or students of a particular race or ethnicity; or |
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(3) the length of a discretionary disciplinary action |
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imposed on one or more students by a district is for an excessive |
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number of days. |
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(c) If the agency makes an affirmative finding under |
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Subsection (b)(1), (2), or (3), the commissioner may take any of the |
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following actions: |
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(1) order a hearing conducted by the board of trustees |
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of the district for the purpose of informing the public of, as |
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applicable, the excessive number of discretionary disciplinary |
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actions taken, the disproportionate number of discretionary |
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disciplinary actions taken against students with disabilities or |
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students of a particular race or ethnicity, or the excessive length |
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of discretionary disciplinary actions imposed; or |
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(2) order the district to include in the district |
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improvement plan under Section 11.252 strategies to reduce, as |
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applicable, the total number of discretionary disciplinary |
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actions, the number of discretionary disciplinary actions taken |
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against students with disabilities or students of a particular race |
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or ethnicity, or the length of discretionary disciplinary actions |
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imposed. |
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(d) For purposes of this section, an in-school suspension |
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placement that is for a period of three school days or less may not |
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be considered a discretionary disciplinary action that is excessive |
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in length. |
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(e) This section does not apply to a placement in a |
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disciplinary alternative education program or juvenile justice |
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alternative education program that is ordered by a court |
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independently of any action taken by a school district. |
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(f) The commissioner may adopt rules as necessary to |
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implement this section. |
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Sec. 37.0202. IN-SCHOOL SUSPENSION EDUCATIONAL STANDARDS. |
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(a) The agency shall adopt minimum educational standards for |
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in-school suspension settings, including standards relating to: |
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(1) qualifications of personnel providing education |
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services to students assigned to in-school suspension; |
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(2) training for personnel providing education |
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services to students assigned to in-school suspension; |
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(3) the ratio of students in in-school suspension to |
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teachers or educational aides providing education services to |
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students assigned to in-school suspension; |
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(4) providing opportunities for students in in-school |
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suspension to keep current on all coursework during placements of |
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10 school days or less; and |
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(5) complying with Section 37.021. |
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(b) In the manner required by the commissioner, each school |
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district shall annually report to the commissioner information |
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relating to the educational quality of the district's in-school |
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suspension settings. The data collected shall include the |
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qualifications and training of teachers or educational aides |
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assigned to in-school suspension, the ratio of students to teachers |
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or educational aides, and information regarding providing |
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opportunities for students to keep current on coursework and the |
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district's compliance with Section 37.021. |
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SECTION 5. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0092 to read as follows: |
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Sec. 37.0092. DISCIPLINARY ACTION PLAN. (a) If a school |
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district has twice previously taken a discretionary disciplinary |
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action against a student as described by Section 37.0201, other |
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than in-school suspension, an evaluation of the student's conduct |
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must be conducted and a disciplinary action plan must be prepared |
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before the district may take a third discretionary disciplinary |
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action, other than in-school suspension, against the student. |
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(b) The principal or other appropriate administrator and |
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school counselor, in consultation with the parent or guardian of |
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the student, shall conduct the evaluation required under this |
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section using common sense, considering: |
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(1) each factor under Section 37.001(a)(4); |
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(2) whether the student's conduct was egregious; |
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(3) the student's past conduct; |
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(4) whether the student's conduct interferes with a |
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teacher's ability to communicate effectively with the students in |
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the class or with the ability of the student's classmates to learn; |
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(5) whether the student is a threat to the safety of |
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other students or to district employees; |
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(6) the severity of the punishment; and |
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(7) available opportunities for increased parental |
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involvement, including conferences and suggestions for addressing |
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the student's conduct at home. |
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(c) The principal, or other appropriate administrator, and |
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school counselor, in consultation with the parent or guardian of |
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the student, shall develop a disciplinary action plan that best |
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meets the needs of the student, considering the factors described |
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by Subsection (b). The disciplinary action plan must address |
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appropriate behavioral interventions, address any appropriate |
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alternative forms of instruction, and include an individual |
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graduation plan for the student. |
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(d) A written copy of the evaluation and disciplinary action |
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plan, including the individual graduation plan, required under this |
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section must be placed in the student's educational records and be |
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provided to the student's parent or guardian. |
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(e) A parent or any other person may file a complaint with |
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the superintendent alleging that a school district did not comply |
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with the requirements of this section before taking a discretionary |
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disciplinary action, other than in-school suspension, against a |
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specific student. If the parent or other person is not satisfied |
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with the superintendent's resolution of the complaint, the parent |
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or other person may appeal to the school district board of trustees. |
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The determination of the board of trustees is final and may not be |
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appealed. |
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SECTION 6. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 7. 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, 2013. |
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