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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of discipline to certain students with |
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autism or another pervasive developmental disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.001, 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, disciplinary alternative education program, or vehicle |
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owned or operated by the district; |
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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, on school |
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grounds, and on a vehicle owned or operated by the district; |
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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[.]; and |
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(9) provide for the notification of parents of |
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students with autism or another pervasive developmental disorder |
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before beginning the disciplinary process contained in this |
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Subchapter. |
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(b) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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37.0832. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action that substantially |
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harms another student's physical or emotional health or safety. |
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(3) "Hit list" means a list of people targeted to be |
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harmed, using: |
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(A) a firearm, as defined by Section 46.01(3), |
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Penal Code; |
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(B) a knife, as defined by Section 46.01(7), |
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Penal Code; or |
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(C) any other object to be used with intent to |
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cause bodily harm. |
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(b-1) The methods adopted under Subsection (a)(8) must |
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provide that a student who is enrolled in a special education |
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program under Subchapter A, Chapter 29, may not be disciplined for |
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conduct prohibited in accordance with Subsection (a)(7) until an |
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admission, review, and dismissal committee meeting has been held to |
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review the conduct. |
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(c) Once the student code of conduct is promulgated, any |
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change or amendment must be approved by the board of trustees. |
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(d) Each school year, a school district shall provide |
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parents notice of and information regarding the student code of |
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conduct. |
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(e) Except as provided by Section 37.007(e), this |
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subchapter does not require the student code of conduct to specify a |
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minimum term of a removal under Section 37.006 or an expulsion under |
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Section 37.007. |
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SECTION 2. This Act takes effect September 1, 2017. |