85R1846 GCB-D

By: Raymond H.B. No. 176

A BILL TO BE ENTITLED

AN ACT

relating to public and private school searches of students with parental consent and certain disciplinary measures and other procedures that may arise from such a search.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 37, Education Code, is amended by adding Sections 37.0013 and 37.0014 to read as follows:

Sec. 37.0013. PARENTAL-CONSENT SEARCH. (a) The principal of a public or private primary or secondary school or open-enrollment charter school, or a person designated to serve as the campus behavior coordinator under Section 37.0012, who suspects a student of engaging in harmful or illegal conduct that poses a serious risk to the student or other students at the school may, with consent from the parent or guardian of the student, search the student and the possessions of the student for evidence of a violation of the law or school policy. If the student's parent or guardian consents to the search, the principal or campus behavior coordinator may conduct the search with the assistance of a peace officer commissioned by the board of trustees of a district or security personnel employed by the school.

(b) The principal of a public or private primary or secondary school or open-enrollment charter school, a person designated to serve as the campus behavior coordinator under Section 37.0012, or a peace officer commissioned by the board of trustees of a district or security personnel employed by the school shall confiscate any item or substance prohibited by law and immediately deliver the item or substance to a local law enforcement agency.

Sec. 37.0014. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH. (a) A student found to be in violation of law or school policy based on a parental-consent search conducted under Section 37.0013 may not be expelled for the violation.

(b) A student found to be in violation of law or school policy based on a parental-consent search conducted under Section 37.0013 may, with the consent of the student's parent or guardian, be subject to compulsory attendance at, as appropriate:

(1) a youth boot camp established under Section 37.013(b);

(2) a substance abuse treatment program established under Section 37.013(c); or

(3) a juvenile justice alternative education program.

SECTION 2. Section 37.007(a), Education Code, is amended to read as follows:

(a) Except as provided by Subsection (k) or Section 37.0014, 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) engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02, Penal Code, or elements of an offense relating to prohibited weapons 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 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.

SECTION 3. Section 37.013, Education Code, is amended to read as follows:

Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS; YOUTH BOOT CAMP; SUBSTANCE ABUSE TREATMENT PROGRAM. (a) The board of trustees of the school district or the board's designee shall at the call of the president of the board of trustees regularly meet with the juvenile board for the county in which the district's central administrative office is located or the juvenile board's designee concerning supervision and rehabilitative services appropriate for expelled students and students assigned to disciplinary alternative education programs. Matters for discussion shall include service by probation officers at the disciplinary alternative education program site, recruitment of volunteers to serve as mentors and provide tutoring services, and coordination with other social service agencies.

(b) The board of trustees of a school district or governing body of an open-enrollment charter school or private school may cooperate with the juvenile board of the county or local juvenile probation department in establishing a youth boot camp in accordance with Section 152.0011, Human Resources Code, for students who violate a law or school policy in a manner that poses a serious risk to the student or other students at the school.

(c) The board of trustees of a school district or governing body of an open-enrollment charter school or private school may cooperate with the juvenile board of the county or local juvenile probation department in establishing a substance abuse treatment program for students who violate a law or school policy by engaging in prohibited conduct related to the use, possession, or delivery of alcohol or a controlled substance.

SECTION 4. Chapter 54, Family Code, is amended by adding Section 54.0321 to read as follows:

Sec. 54.0321. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF DISCIPLINARY PROGRAM. (a) This section applies only to a child who, based on evidence obtained pursuant to a parental-consent search under Section 37.0013, Education Code, is alleged to have engaged in conduct indicating a need for supervision or delinquent conduct.

(b) A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if a child described by Subsection (a) presents to the court a written request to attend a disciplinary program under Section 37.0014, Education Code.

(c) A child for whom adjudication proceedings are deferred under Subsection (b) shall complete the disciplinary program not later than the 90th day after the date a hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier. A court that holds the hearing shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the disciplinary program.

(d) A case dismissed under this section may not be part of the child's records for any purpose.

SECTION 5. Section 58.003, Family Code, is amended by adding Subsections (c-9) and (d-1) to read as follows:

(c-9) This subsection applies only to a child who, based on evidence obtained pursuant to a parental-consent search under Section 37.0013, Education Code, is adjudicated to have engaged in conduct indicating a need for supervision or delinquent conduct. Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child described by this subsection if the child successfully completed a disciplinary program described by Section 37.0014, Education Code, or graduated from high school or received the child's certificate of high school equivalency. The court may:

(1) order the sealing of the records immediately and without a hearing; or

(2) hold a hearing to determine whether to seal the records.

(d-1) The court may grant the relief authorized under Subsection (c-9) at any time after the child satisfies the requirements of that subsection. If the child is referred to the juvenile court for conduct indicating a need for supervision or delinquent conduct and at the adjudication hearing the child is not found to have engaged in that conduct, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.

SECTION 6. 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, 2017.