Bill Text: TX HB640 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to public and private school searches of students with parental consent and certain disciplinary measures and other procedures that may arise from such a search.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-24 - Filed [HB640 Detail]

Download: Texas-2021-HB640-Introduced.html
  87R566 GCB-D
 
  By: Raymond H.B. No. 640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public and private school searches of students with
  parental consent and certain disciplinary measures and other
  procedures that may arise from such a search.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Sections 37.0014 and 37.0015 to read as follows:
         Sec. 37.0014.  PARENTAL-CONSENT SEARCH. (a) The principal
  of a public or private primary or secondary school or
  open-enrollment charter school, or a person designated to serve as
  the campus behavior coordinator under Section 37.0012, who suspects
  a student of engaging in harmful or illegal conduct that poses a
  serious risk to the student or other students at the school may,
  with consent from the parent or guardian of the student, search the
  student and the possessions of the student for evidence of a
  violation of the law or school policy. If the student's parent or
  guardian consents to the search, the principal or campus behavior
  coordinator may conduct the search with the assistance of a peace
  officer commissioned by the board of trustees of a district or
  security personnel employed by the school.
         (b)  The principal of a public or private primary or
  secondary school or open-enrollment charter school, a person
  designated to serve as the campus behavior coordinator under
  Section 37.0012, or a peace officer commissioned by the board of
  trustees of a district or security personnel employed by the school
  shall confiscate any item or substance prohibited by law and
  immediately deliver the item or substance to a local law
  enforcement agency.
         Sec. 37.0015.  DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
  POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH. (a) A student found
  to be in violation of law or school policy based on a
  parental-consent search conducted under Section 37.0014 may not be
  expelled for the violation.
         (b)  A student found to be in violation of law or school
  policy based on a parental-consent search conducted under Section
  37.0014 may, with the consent of the student's parent or guardian,
  be subject to compulsory attendance at, as appropriate:
               (1)  a youth boot camp established under Section
  37.013(b);
               (2)  a substance abuse treatment program established
  under Section 37.013(c); or
               (3)  a juvenile justice alternative education program.
         SECTION 2.  Section 37.007(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (k) or Section 37.0015,
  a student shall be expelled from a school if the student, on school
  property or while attending a school-sponsored or school-related
  activity on or off of school property:
               (1)  engages in conduct that contains the elements of
  the offense of unlawfully carrying weapons under Section 46.02,
  Penal Code, or elements of an offense relating to prohibited
  weapons under Section 46.05, Penal Code;
               (2)  engages in conduct that contains the elements of
  the offense of:
                     (A)  aggravated assault under Section 22.02,
  Penal Code, sexual assault under Section 22.011, Penal Code, or
  aggravated sexual assault under Section 22.021, Penal Code;
                     (B)  arson under Section 28.02, Penal Code;
                     (C)  murder under Section 19.02, Penal Code,
  capital murder under Section 19.03, Penal Code, or criminal
  attempt, under Section 15.01, Penal Code, to commit murder or
  capital murder;
                     (D)  indecency with a child under Section 21.11,
  Penal Code;
                     (E)  aggravated kidnapping under Section 20.04,
  Penal Code;
                     (F)  aggravated robbery under Section 29.03,
  Penal Code;
                     (G)  manslaughter under Section 19.04, Penal
  Code;
                     (H)  criminally negligent homicide under Section
  19.05, Penal Code; or
                     (I)  continuous sexual abuse of young child or
  children under Section 21.02, Penal Code; or
               (3)  engages in conduct specified by Section
  37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
         SECTION 3.  Section 37.013, Education Code, is amended to
  read as follows:
         Sec. 37.013.  COORDINATION BETWEEN SCHOOL DISTRICTS AND
  JUVENILE BOARDS; YOUTH BOOT CAMP; SUBSTANCE ABUSE TREATMENT
  PROGRAM. (a) The board of trustees of the school district or the
  board's designee shall at the call of the president of the board of
  trustees regularly meet with the juvenile board for the county in
  which the district's central administrative office is located or
  the juvenile board's designee concerning supervision and
  rehabilitative services appropriate for expelled students and
  students assigned to disciplinary alternative education programs.
  Matters for discussion shall include service by probation officers
  at the disciplinary alternative education program site,
  recruitment of volunteers to serve as mentors and provide tutoring
  services, and coordination with other social service agencies.
         (b)  The board of trustees of a school district or governing
  body of an open-enrollment charter school or private school may
  cooperate with the juvenile board of the county or local juvenile
  probation department in establishing a youth boot camp in
  accordance with Section 152.0011, Human Resources Code, for
  students who violate a law or school policy in a manner that poses a
  serious risk to the student or other students at the school.
         (c)  The board of trustees of a school district or governing
  body of an open-enrollment charter school or private school may
  cooperate with the juvenile board of the county or local juvenile
  probation department 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 or a controlled substance.
         SECTION 4.  Chapter 54, Family Code, is amended by adding
  Section 54.0321 to read as follows:
         Sec. 54.0321.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF
  CERTAIN CASES ON COMPLETION OF DISCIPLINARY PROGRAM. (a) This
  section applies only to a child who, based on evidence obtained
  pursuant to a parental-consent search under Section 37.0014,
  Education Code, 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 for not more than 180 days if a child described
  by Subsection (a) presents to the court a written request to attend
  a disciplinary program under Section 37.0015, Education Code.
         (c)  A child for whom adjudication proceedings are deferred
  under Subsection (b) shall complete the disciplinary program not
  later than the 90th day after the date a hearing to determine
  punishment is held or the last day of the deferral period, whichever
  date is earlier. A court that holds the hearing shall dismiss the
  case with prejudice at the time the child presents satisfactory
  evidence that the child has successfully completed the disciplinary
  program.
         (d)  A case dismissed under this section may not be part of
  the child's records for any purpose.
         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, 2021.
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