| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the suspension or expulsion of a student by an |
|
|
open-enrollment charter school. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.104(b), Education Code, as amended by |
|
|
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
|
|
of the 85th Legislature, Regular Session, 2017, is reenacted and |
|
|
amended to read as follows: |
|
|
(b) An open-enrollment charter school is subject to: |
|
|
(1) a provision of this title establishing a criminal |
|
|
offense; and |
|
|
(2) a prohibition, restriction, or requirement, as |
|
|
applicable, imposed by this title or a rule adopted under this |
|
|
title, relating to: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
|
this subchapter as determined by the commissioner; |
|
|
(B) criminal history records under Subchapter C, |
|
|
Chapter 22; |
|
|
(C) reading instruments and accelerated reading |
|
|
instruction programs under Section 28.006; |
|
|
(D) accelerated instruction under Section |
|
|
28.0211; |
|
|
(E) high school graduation requirements under |
|
|
Section 28.025; |
|
|
(F) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(G) bilingual education under Subchapter B, |
|
|
Chapter 29; |
|
|
(H) prekindergarten programs under Subchapter E |
|
|
or E-1, Chapter 29; |
|
|
(I) extracurricular activities under Section |
|
|
33.081; |
|
|
(J) discipline management practices or behavior |
|
|
management techniques under Section 37.0021; |
|
|
(K) health and safety under Chapter 38; |
|
|
(L) public school accountability under |
|
|
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
|
|
(M) the requirement under Section 21.006 to |
|
|
report an educator's misconduct; |
|
|
(N) intensive programs of instruction under |
|
|
Section 28.0213; |
|
|
(O) the right of a school employee to report a |
|
|
crime, as provided by Section 37.148; [and] |
|
|
(P) bullying prevention policies and procedures |
|
|
under Section 37.0832; |
|
|
(Q) the right of a school under Section 37.0052 |
|
|
to place a student who has engaged in certain bullying behavior in a |
|
|
disciplinary alternative education program or to expel the student; |
|
|
[and] |
|
|
(R) the right under Section 37.0151 to report to |
|
|
local law enforcement certain conduct constituting assault or |
|
|
harassment; |
|
|
(S) [(P)] a parent's right to information |
|
|
regarding the provision of assistance for learning difficulties to |
|
|
the parent's child as provided by Sections 26.004(b)(11) and |
|
|
26.0081(c) and (d); and |
|
|
(T) the suspension of a student under Section |
|
|
37.005. |
|
|
SECTION 2. Section 12.131(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) An open-enrollment charter school may not elect to expel |
|
|
a student for a reason that is not authorized by Section 37.007 [or
|
|
|
specified in the school's code of conduct as conduct that may result
|
|
|
in expulsion]. |
|
|
SECTION 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. This Act applies beginning with the 2019-2020 |
|
|
school year. |
|
|
SECTION 5. 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, 2019. |