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A BILL TO BE ENTITLED
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AN ACT
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relating to the refusal of entry to or ejection from school district |
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property. |
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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, as amended by |
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Chapters 487 (S.B. 1541) and 1409 (S.B. 1114), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and 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) include an explanation of the provisions regarding |
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refusal of entry to or ejection from district property under |
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Section 37.105, including the appeal process established under |
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Section 37.105(g). |
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SECTION 2. Section 37.105, Education Code, is amended to |
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read as follows: |
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Sec. 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, |
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EJECTION, IDENTIFICATION. (a) Subject to Subsection (c), the |
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[The] board of trustees of a school district or its authorized |
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representative may refuse to allow a person without legitimate |
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business to enter on property under the board's control and may |
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eject any undesirable person from the property on the person's |
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refusal to leave peaceably on request. |
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(b) Identification may be required of any person on the |
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property. |
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(c) A parent of a child enrolled in a school district may not |
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be refused entry to or ejected from the district's property unless: |
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(1) the parent poses a substantial risk of harm to any |
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person; or |
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(2) the parent behaves in a manner that is |
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inappropriate for a school setting and: |
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(A) the district issues written notice to the |
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parent that the parent's behavior is inappropriate and may result |
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in the parent's refusal of entry or ejection; and |
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(B) the parent persists in that behavior. |
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(d) A school district shall accommodate a parent refused |
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entry to district property under this section to the greatest |
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extent practicable to ensure that the parent may participate in the |
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admission, review, and dismissal committee of the parent's child. |
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(e) The term of a parent's refusal of entry to or ejection |
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from a school district's property under this section may not exceed |
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two years. |
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(f) Each school district shall post at the office of each |
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campus principal in the district a notice regarding the provisions |
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of this section, including the appeal process established under |
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Subsection (g). |
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(g) The commissioner shall adopt rules to implement this |
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section, including rules establishing a process for a parent to: |
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(1) appeal to the board of trustees of the school |
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district the decision of the authorized representative of the |
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district to refuse a parent's entry to or eject a parent from a |
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school district's property; and |
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(2) if applicable, appeal to the agency the decision |
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of the board of trustees under Subdivision (1). |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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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, 2017. |