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A BILL TO BE ENTITLED
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AN ACT
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relating to a school district conference or hearing following a |
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public school student's removal from a classroom or expulsion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.009(a) and (f), Education Code, are |
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amended to read as follows: |
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(a) Not later than the third class day after the day on which |
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a student is removed from class by the teacher under Section |
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37.002(b) or (d) or by the school principal or other appropriate |
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administrator under Section 37.001(a)(2) or 37.006, the campus |
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behavior coordinator or other appropriate administrator shall |
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schedule a conference among the campus behavior coordinator or |
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other appropriate administrator, a parent or guardian of the |
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student or another adult who can provide guidance to the student and |
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who is not an employee of the school district, the teacher removing |
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the student from class, if any, and the student. At the conference, |
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the student is entitled to written or oral notice of the reasons for |
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the removal, an explanation of the basis for the removal, and an |
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opportunity to respond to the reasons for the removal. The student |
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may not be returned to the regular classroom pending the |
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conference. Following the conference, [and whether or not each |
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requested person is in attendance after valid attempts to require |
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the person's attendance,] the campus behavior coordinator, after |
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consideration of the factors under Section 37.001(a)(4), shall |
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order the placement of the student for a period consistent with the |
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student code of conduct. Before ordering the suspension, |
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expulsion, removal to a disciplinary alternative education |
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program, or placement in a juvenile justice alternative education |
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program of a student, the behavior coordinator must consider |
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whether the student acted in self-defense, the intent or lack of |
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intent at the time the student engaged in the conduct, the student's |
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disciplinary history, and whether the student has a disability that |
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substantially impairs the student's capacity to appreciate the |
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wrongfulness of the student's conduct, regardless of whether the |
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decision of the behavior coordinator concerns a mandatory or |
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discretionary action. If school district policy allows a student |
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to appeal to the board of trustees or the board's designee a |
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decision of the campus behavior coordinator or other appropriate |
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administrator, other than an expulsion under Section 37.007, the |
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decision of the board or the board's designee is final and may not |
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be appealed. If the period of the placement is inconsistent with |
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the guidelines included in the student code of conduct under |
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Section 37.001(a)(5), the order must give notice of the |
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inconsistency. The period of the placement may not exceed one year |
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unless, after a review, the district determines that the student is |
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a threat to the safety of other students or to district employees. |
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(f) Before a student may be expelled under Section 37.007, |
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the board or the board's designee must provide the student a hearing |
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at which the student is afforded appropriate due process as |
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required by the federal constitution and which the student's parent |
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or guardian is invited, in writing, to attend. At the hearing, the |
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student is entitled to be represented by the student's parent or |
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guardian or another adult who can provide guidance to the student |
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and who is not an employee of the school district. [If the school |
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district makes a good-faith effort to inform the student and the |
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student's parent or guardian of the time and place of the hearing, |
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the district may hold the hearing regardless of whether the |
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student, the student's parent or guardian, or another adult |
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representing the student attends.] Before ordering the expulsion |
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of a student, the board of trustees must consider whether the |
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student acted in self-defense, the intent or lack of intent at the |
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time the student engaged in the conduct, the student's disciplinary |
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history, and whether the student has a disability that |
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substantially impairs the student's capacity to appreciate the |
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wrongfulness of the student's conduct, regardless of whether the |
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decision of the board concerns a mandatory or discretionary action. |
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If the decision to expel a student is made by the board's designee, |
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the decision may be appealed to the board. The decision of the |
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board may be appealed by trial de novo to a district court of the |
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county in which the school district's central administrative office |
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is located. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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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, 2025. |