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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension and expulsion of a student attending 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. Section 12.131, Education Code, is amended to |
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read as follows: |
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Sec. 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY |
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ALTERNATIVE EDUCATION PROGRAM; SUSPENSION OR EXPULSION OF |
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STUDENTS. (a) The governing body of an open-enrollment charter |
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school shall adopt a code of conduct for its district or for each |
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campus. In addition to establishing standards for behavior, the |
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code of conduct shall outline generally the types of prohibited |
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behaviors and their possible consequences. The code of conduct |
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shall also outline the school's due process procedures with respect |
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to suspension and expulsion. The school's policies and procedures |
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for suspension and expulsion must comply with any procedures or |
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requirements in Subchapter A, Chapter 37, relating to a student's |
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suspension or expulsion, including procedures relating to students |
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enrolled in a special education program under Subchapter A, Chapter |
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29. Notwithstanding any other provision of law, a final decision of |
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the governing body of an open-enrollment charter school with |
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respect to actions taken under the code of conduct may not be |
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appealed. |
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(b) The student code of conduct adopted under Subsection (a) |
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must be posted and prominently displayed at each school campus to |
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which the code of conduct applies or made available for review at |
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the office of the campus principal. |
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(c) An open-enrollment charter school may: |
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(1) only suspend a student for a reason and in the |
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manner identified in 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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that is [not] authorized by Section 37.0052 or 37.007 and in the |
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manner identified in the school's code of conduct [or specified in |
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the school's code of conduct as conduct that may result in |
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expulsion]. |
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(d) Except as provided by this section and notwithstanding |
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[(c) Notwithstanding] any other provision, Section 37.002 and its |
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provisions, wherever referenced, are not applicable to an |
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open-enrollment charter school unless the governing body of the |
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school so determines. |
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(e) A suspension under this section may not exceed three |
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school days. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. 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, 2021. |