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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension or expulsion of a student by an |
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open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 12.131, Education Code, |
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is amended to read as follows: |
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Sec. 12.131. STUDENT DISCIPLINE [REMOVAL OF STUDENTS TO
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DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF
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STUDENTS]. |
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SECTION 2. Section 12.131, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1), (d), (e), and |
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(f) to read as follows: |
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(b) An open-enrollment charter school may: |
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(1) only suspend a student for a reason identified in |
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the school's code of conduct; and |
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(2) only [not elect to] expel a student for a reason |
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for which expulsion [that] is [not] authorized under Subchapter A, |
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Chapter 37, [by Section 37.007] or [specified in] the school's code |
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of conduct [as conduct that may result in expulsion]. |
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(b-1) An open-enrollment charter school's code of conduct |
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may not authorize expulsion based on: |
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(1) a student's attendance or academic ability or |
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performance; or |
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(2) acts or omissions of a student's parent or legal |
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guardian. |
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(d) A suspension under this section may not exceed three |
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school days. |
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(e) Except as required under Section 37.007(e), a student |
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who is younger than 10 years of age may not be expelled for a period |
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of more than one school year. |
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(f) An employee of an open-enrollment charter school may not |
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suggest a student withdraw from the school in lieu of being |
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disciplined as provided by the school's code of conduct. |
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SECTION 3. This Act applies beginning with the 2019-2020 |
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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, 2019. |