Bill Text: TX HB2450 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to a pilot program operated by certain public or private primary or secondary or open-enrollment charter schools in Webb County concerning searches and drug testing of students with parental consent and certain disciplinary measures and other procedures that may arise from such a search or test.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-17 - Left pending in committee [HB2450 Detail]
Download: Texas-2013-HB2450-Engrossed.html
83R24368 GCB-D | ||
By: Raymond | H.B. No. 2450 |
|
||
|
||
relating to a pilot program operated by certain public or private | ||
primary or secondary or open-enrollment charter schools in Webb | ||
County concerning searches and drug testing of students with | ||
parental consent and certain disciplinary measures and other | ||
procedures that may arise from such a search or test. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 37, Education Code, is amended by adding | ||
Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. ALTERNATIVE DISCIPLINE PILOT PROGRAM | ||
Sec. 37.031. DEFINITIONS. In this subchapter, "controlled | ||
substance" and "marihuana" have the meanings assigned by Section | ||
481.002, Health and Safety Code. | ||
Sec. 37.032. PILOT PROGRAM. A public school district, | ||
private school, or open-enrollment charter school in Webb County | ||
may operate a pilot program described by this subchapter to | ||
determine whether the conduct of parental-consent searches of | ||
students and parental-consent drug or alcohol tests of students and | ||
the subsequent use of alternative juvenile discipline procedures | ||
for those students are effective in reducing drug or alcohol use | ||
while minimizing involvement in the criminal justice system for | ||
matters related to drug or alcohol use. | ||
Sec. 37.033. PARENTAL-CONSENT SEARCH. (a) In a public | ||
school district or private primary or secondary school or | ||
open-enrollment charter school operating a pilot program under this | ||
subchapter, a school principal who reasonably suspects a student | ||
possesses alcohol, marihuana, or a controlled substance may seek | ||
written consent from the parent or guardian of the student to search | ||
the student and the possessions of the student for alcohol, | ||
marihuana, or a controlled substance. If the student's parent or | ||
guardian provides written consent for the search, the principal or | ||
the principal's designee may conduct the search in accordance with | ||
rules adopted by the board of trustees of a district or governing | ||
body of the private school or charter school under Section 37.035. | ||
(b) The principal of a public or private primary or | ||
secondary school or open-enrollment charter school or the | ||
principal's designee that conducts a search under this section | ||
shall confiscate any alcohol, marihuana, or controlled substance | ||
discovered in the search and shall immediately inform a local law | ||
enforcement agency. A local law enforcement agency that receives | ||
notice under this subsection shall take possession of the alcohol, | ||
marihuana, or controlled substance as soon as practicable but in no | ||
case later than 72 hours after the agency receives notice. | ||
(c) A student may not be searched under this section more | ||
than one time in a week. | ||
Sec. 37.034. PARENTAL-CONSENT DRUG OR ALCOHOL TESTS. (a) | ||
In a public school district or private primary or secondary school | ||
or open-enrollment charter school operating a pilot program under | ||
this subchapter, a school principal may seek written consent from | ||
the parent or guardian of a student younger than 17 years of age to | ||
perform a nonintrusive drug or alcohol test on the student if the | ||
principal reasonably believes that the student is using alcohol, | ||
marihuana, or a controlled substance. | ||
(b) A parent or guardian of a student younger than 17 years | ||
of age may request in writing that the school perform a nonintrusive | ||
drug or alcohol test on the student under this section if the parent | ||
or guardian reasonably believes that the student is using alcohol, | ||
marihuana, or a controlled substance. | ||
(c) A school that receives the written consent of a parent | ||
or guardian under Subsection (a) or a request in writing from a | ||
parent or guardian under Subsection (b) may perform a nonintrusive | ||
drug or alcohol test on the student in accordance with the rules and | ||
procedures adopted by the board of trustees of the district or | ||
governing body of the private school or open-enrollment charter | ||
school under Section 37.035. | ||
(d) If a student tests positive in a nonintrusive drug or | ||
alcohol test administered under this section, a second test must be | ||
administered as soon as practicable to confirm the positive test | ||
results. The principal must send all positive or negative test | ||
results to the student's parent or guardian. | ||
(e) A school that performs a nonintrusive drug or alcohol | ||
test on a student under this section may request the student's | ||
parent or guardian to reimburse the school for the cost of the drug | ||
or alcohol test. | ||
(f) A school may seek any available federal, state, or | ||
private funds, grants, or donations to defray costs of performing | ||
nonintrusive drug or alcohol tests under this section. | ||
(g) This section does not prohibit or otherwise affect any | ||
other drug or alcohol testing program conducted by or on behalf of a | ||
school or school district. | ||
(h) A student may not be administered a nonintrusive drug or | ||
alcohol test under this section more than one time in a month. | ||
Sec. 37.035. RULES REGARDING PARENTAL-CONSENT SEARCH AND | ||
DRUG OR ALCOHOL TEST. (a) The board of trustees of a school | ||
district or governing body of a private school or open-enrollment | ||
charter school that operates a pilot program under this subchapter | ||
shall adopt rules concerning searches conducted under Section | ||
37.033 and drug or alcohol tests administered under Section 37.034. | ||
(b) In adopting rules under this section, the board or | ||
governing body shall: | ||
(1) develop a written consent form to be used by the | ||
parent or guardian to consent to a search or drug or alcohol test; | ||
(2) provide that in the case where only one parent or | ||
guardian has authority to consent, pursuant to a custody agreement | ||
or any applicable court order, the consent of that parent is | ||
sufficient for purposes of this subchapter; | ||
(3) specify that a principal of a school operating a | ||
pilot program under this subchapter may designate an appropriate | ||
staff member to conduct searches or drug or alcohol tests under this | ||
subchapter; and | ||
(4) ensure that a search or drug or alcohol test | ||
conducted under the pilot program operated under this subchapter | ||
does not result in the student's involvement in the criminal | ||
justice system, including by receiving a citation or by being | ||
confined. | ||
Sec. 37.036. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL | ||
POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH OR DRUG OR ALCOHOL | ||
TESTING. (a) Notwithstanding Section 37.007(b) and except as | ||
otherwise provided by Subsection (c), a student found to be in | ||
violation of law or school policy based on a parental-consent | ||
search or a parental-consent drug or alcohol test conducted under a | ||
pilot program operated under this subchapter may not be expelled | ||
for the violation unless the student fails to comply with any | ||
requirements imposed under Subsection (b). | ||
(b) A student found to be in violation of law or school | ||
policy based on a parental-consent search or a parental-consent | ||
drug or alcohol test conducted under a pilot program operated under | ||
this subchapter may, with the consent of the student's parent or | ||
guardian, be subject to compulsory attendance at a substance abuse | ||
treatment program established under Section 37.038. | ||
(c) If after a search conducted under Section 37.033 a | ||
student is found in possession of alcohol, marihuana, or a | ||
controlled substance for the second or subsequent time during a | ||
one-year period, or if the student tests positive for drugs or | ||
alcohol under Section 37.034 for the second or subsequent time | ||
during a one-year period, notwithstanding rules adopted under | ||
Section 37.035, the student is subject to all disciplinary measures | ||
according to school policy or other applicable law. | ||
Sec. 37.037. SCHOOL JUVENILE CASE MANAGER. (a) The board of | ||
trustees of a school district or governing body of a private school | ||
or an open-enrollment charter school operating a pilot program | ||
under this subchapter may employ a juvenile case manager in the | ||
manner provided by Article 45.056, Code of Criminal Procedure, to | ||
provide services in a special juvenile docket composed of those | ||
juvenile cases arising from a parental-consent search or a | ||
parental-consent drug or alcohol test conducted under a pilot | ||
program operated under this subchapter. | ||
(b) If a private school, school district, or charter school | ||
operating a pilot program under this subchapter is within the | ||
jurisdiction of a designated juvenile court in the county and the | ||
district or school employs a school juvenile case manager, the case | ||
manager shall assist the court in administering the special | ||
juvenile docket described by Subsection (a). | ||
(c) In presiding over the special juvenile docket described | ||
by Subsection (a), the judge of the designated juvenile court in the | ||
county shall coordinate with the school juvenile case manager and | ||
the private school, school district, or charter school to provide | ||
alternative juvenile discipline solutions that do not involve the | ||
student's involvement in the criminal justice system. | ||
(d) A designated juvenile court in the county may coordinate | ||
with a school juvenile case manager employed by a private school, | ||
school district, or charter school and the private school, school | ||
district, or charter school to establish a special juvenile | ||
disciplinary drug-intervention program for students of the private | ||
school, school district, or charter school whose juvenile cases are | ||
in the special juvenile docket described by Subsection (a). | ||
Sec. 37.038. SUBSTANCE ABUSE TREATMENT PROGRAM. The board | ||
of trustees of a school district or governing body of an | ||
open-enrollment charter school or private school that operates a | ||
pilot program under this subchapter may cooperate with the juvenile | ||
board of the county, the local juvenile probation department, or | ||
any designated juvenile court in the county in establishing a | ||
substance abuse treatment program for students who violate a law or | ||
school policy by engaging in prohibited conduct related to the use, | ||
possession, or delivery of alcohol, marihuana, or a controlled | ||
substance. | ||
Sec. 37.039. DEFERRAL OF ADJUDICATION AND DISMISSAL OF | ||
CERTAIN CASES ON COMPLETION OF SUBSTANCE ABUSE TREATMENT PROGRAM. | ||
(a) This section applies only to a child who, based on evidence | ||
obtained pursuant to a parental-consent search or a | ||
parental-consent drug or alcohol test conducted under a pilot | ||
program operated under this subchapter, is alleged to have engaged | ||
in conduct indicating a need for supervision or delinquent conduct. | ||
(b) A juvenile court may defer adjudication proceedings | ||
under Section 54.03, Family Code, for not more than 180 days if a | ||
child described by Subsection (a) presents to the court a written | ||
request to attend a substance abuse treatment program under Section | ||
37.038. | ||
(c) A child for whom adjudication proceedings are deferred | ||
under Subsection (b) shall complete the substance abuse treatment | ||
program not later than the 90th day after the date the hearing to | ||
determine punishment is held or the last day of the deferral period, | ||
whichever date is earlier. The court shall dismiss the case with | ||
prejudice at the time the child presents satisfactory evidence that | ||
the child has successfully completed the substance abuse treatment | ||
program. | ||
(d) A case dismissed under this section may not be part of | ||
the child's records for any purpose. | ||
Sec. 37.040. REPORT. The board of trustees of a school | ||
district or the governing body of an open-enrollment charter school | ||
that operates an alternative discipline pilot program under this | ||
subchapter shall, not later than December 1, 2014, submit a report | ||
containing the board or governing body's conclusions regarding | ||
whether the pilot program reduced drug or alcohol use and related | ||
involvement in the criminal justice system among students to: | ||
(1) the governor; | ||
(2) the lieutenant governor; | ||
(3) the speaker of the house of representatives; and | ||
(4) the presiding officers of the standing committees | ||
of the senate and house of representatives having primary | ||
jurisdiction over education issues and over criminal justice | ||
issues. | ||
Sec. 37.041. CONCLUSION; EXPIRATION. A pilot program | ||
operated under this subchapter concludes and this subchapter | ||
expires June 15, 2015. | ||
SECTION 2. Section 58.003, Family Code, is amended by | ||
adding Subsections (c-7), (d-1), and (d-2) to read as follows: | ||
(c-7) This subsection applies only to a child who, based on | ||
evidence obtained pursuant to a parental-consent search or a | ||
parental-consent drug or alcohol test conducted under a pilot | ||
program operated under Subchapter A-1, Chapter 37, Education Code, | ||
is adjudicated to have engaged in conduct indicating a need for | ||
supervision or delinquent conduct. Notwithstanding Subsections | ||
(a) and (c) and subject to Subsection (b), a juvenile court may | ||
order the sealing of records concerning a child described by this | ||
subsection if the child successfully completed a program described | ||
by Section 37.038, Education Code, or graduated from high school or | ||
received the child's certificate of high school equivalency. The | ||
court may: | ||
(1) order the sealing of the records immediately and | ||
without a hearing; or | ||
(2) hold a hearing to determine whether to seal the | ||
records. | ||
(d-1) The court may grant the relief authorized under | ||
Subsection (c-7) at any time after the child satisfies the | ||
requirements of that subsection. If the child is referred to the | ||
juvenile court for conduct constituting any offense and at the | ||
adjudication hearing the child is found to be not guilty of each | ||
offense alleged, the court shall immediately and without any | ||
additional hearing order the sealing of all files and records | ||
relating to the case. | ||
(d-2) This subsection and Subsections (c-7) and (d-1) | ||
expire June 15, 2015. | ||
SECTION 3. Notwithstanding Section 58.003(d-2), Family | ||
Code, as added by this Act, on or after June 15, 2015, a court may | ||
order the sealing of juvenile court records of a child entitled | ||
before that date to the sealing of records under Section | ||
58.003(c-7), Family Code, as added by this Act. | ||
SECTION 4. 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, 2013. |