Bill Text: TX SB107 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the designation of campus behavior coordinators to serve at public school campuses and issues to be considered when removing a student from class.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-06-20 - Effective immediately [SB107 Detail]
Download: Texas-2015-SB107-Introduced.html
Bill Title: Relating to the designation of campus behavior coordinators to serve at public school campuses and issues to be considered when removing a student from class.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-06-20 - Effective immediately [SB107 Detail]
Download: Texas-2015-SB107-Introduced.html
84R1861 MK-D | ||
By: Whitmire | S.B. No. 107 |
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relating to the removal, discipline, or transfer of a public school | ||
student. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 25.0341(b), Education Code, is amended | ||
to read as follows: | ||
(b) On the request of a parent or other person with | ||
authority to act on behalf of a student who is a victim to whom | ||
Subsection (a)(2) applies: | ||
(1) the board of trustees of the school district shall | ||
transfer the student to: | ||
(A) a district campus other than: | ||
(i) the campus to which the student was | ||
assigned at the time the conduct occurred; or | ||
(ii) the campus to which the student who | ||
engaged in the conduct is assigned, if the student who engaged in | ||
the conduct has been assigned to a different campus since the | ||
conduct occurred; or | ||
(B) a neighboring school district, if there is | ||
only one campus in the district serving the grade level in which the | ||
student is enrolled; or | ||
(2) if the student does not wish to transfer to another | ||
campus or district, the board of trustees may [ |
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student who engaged in the conduct to: | ||
(A) a district campus other than the campus to | ||
which the student who is the victim of the conduct is assigned; or | ||
(B) the district's disciplinary alternative | ||
education program or juvenile justice alternative education | ||
program, if there is only one campus in the district serving the | ||
grade level in which the student who engaged in the conduct is | ||
enrolled. | ||
SECTION 2. Section 37.002(d), Education Code, is amended to | ||
read as follows: | ||
(d) A teacher may [ |
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principal for placement in a disciplinary alternative education | ||
program or for expulsion, as appropriate, a student who engages in | ||
conduct described under Section 37.006 or 37.007. If the student | ||
has been removed from class, the [ |
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to that teacher's class without the teacher's consent unless the | ||
committee established under Section 37.003 determines that such | ||
placement is the best or only alternative available. If the teacher | ||
removed the student from class because the student has engaged in | ||
the elements of any offense listed in Section 37.006(a)(2)(B) or | ||
Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the | ||
student may not be returned to the teacher's class without the | ||
teacher's consent. The teacher may not be coerced to consent. | ||
SECTION 3. Section 37.0051(a), Education Code, is amended | ||
to read as follows: | ||
(a) As provided by Section 25.0341(b)(2), a student may | ||
[ |
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alternative education program under Section 37.008 or a juvenile | ||
justice alternative education program under Section 37.011. | ||
SECTION 4. Sections 37.006(a), (b), (c), and (f), Education | ||
Code, are amended to read as follows: | ||
(a) A student may [ |
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in a disciplinary alternative education program as provided by | ||
Section 37.008 if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code, or terroristic threat under Section | ||
22.07, Penal Code; or | ||
(2) commits the following on or within 300 feet of | ||
school property, as measured from any point on the school's real | ||
property boundary line, or while attending a school-sponsored or | ||
school-related activity on or off of school property: | ||
(A) engages in conduct punishable as a felony; | ||
(B) engages in conduct that contains the elements | ||
of the offense of assault under Section 22.01(a)(1), Penal Code; | ||
(C) sells, gives, or delivers to another person | ||
or possesses or uses or is under the influence of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; | ||
(D) sells, gives, or delivers to another person | ||
an alcoholic beverage, as defined by Section 1.04, Alcoholic | ||
Beverage Code, commits a serious act or offense while under the | ||
influence of alcohol, or possesses, uses, or is under the influence | ||
of an alcoholic beverage; | ||
(E) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; or | ||
(F) engages in conduct that contains the elements | ||
of the offense of public lewdness under Section 21.07, Penal Code, | ||
or indecent exposure under Section 21.08, Penal Code. | ||
(b) A [ |
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may [ |
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alternative education program under Section 37.008 if the student | ||
engages in conduct on or off of school property that contains the | ||
elements of the offense of retaliation under Section 36.06, Penal | ||
Code, against any school employee. | ||
(c) In addition to Subsections (a) and (b), a student may | ||
[ |
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alternative education program under Section 37.008 based on conduct | ||
occurring off campus and while the student is not in attendance at a | ||
school-sponsored or school-related activity if: | ||
(1) the student receives deferred prosecution under | ||
Section 53.03, Family Code, for conduct defined as: | ||
(A) a felony offense in Title 5, Penal Code; or | ||
(B) the felony offense of aggravated robbery | ||
under Section 29.03, Penal Code; | ||
(2) a court or jury finds that the student has engaged | ||
in delinquent conduct under Section 54.03, Family Code, for conduct | ||
defined as: | ||
(A) a felony offense in Title 5, Penal Code; or | ||
(B) the felony offense of aggravated robbery | ||
under Section 29.03, Penal Code; or | ||
(3) the superintendent or the superintendent's | ||
designee has a reasonable belief that the student has engaged in a | ||
conduct defined as: | ||
(A) a felony offense in Title 5, Penal Code; or | ||
(B) the felony offense of aggravated robbery | ||
under Section 29.03, Penal Code. | ||
(f) Subject to Section 37.007(e), a student who is younger | ||
than 10 years of age may [ |
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a disciplinary alternative education program under Section 37.008 | ||
if the student engages in conduct described by Section 37.007. An | ||
elementary school student may not be placed in a disciplinary | ||
alternative education program with any other student who is not an | ||
elementary school student. | ||
SECTION 5. Sections 37.007(a) and (d), Education Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (k), a student may | ||
[ |
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or while attending a school-sponsored or school-related activity on | ||
or off of school property: | ||
(1) uses, exhibits, or possesses: | ||
(A) [ |
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[ |
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46.01(6), Penal Code, or by local policy; | ||
(B) [ |
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Penal Code; or | ||
(C) [ |
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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. | ||
(d) A student may [ |
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in conduct that contains the elements of any offense listed in | ||
Subsection (a), or [ |
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conduct that contains the elements of any offense listed in | ||
Subsection (b)(2)(C), against any employee or volunteer in | ||
retaliation for or as a result of the person's employment or | ||
association with a school district, without regard to whether the | ||
conduct occurs on or off of school property or while attending a | ||
school-sponsored or school-related activity on or off of school | ||
property. | ||
SECTION 6. Sections 37.009(a) and (f), Education Code, are | ||
amended to read as follows: | ||
(a) Not later than the third class day after the day on which | ||
a student is removed from class by the teacher under Section | ||
37.002(b) or (d) or is removed or disciplined by the school | ||
principal or other appropriate administrator under Section | ||
37.001(a)(2), 37.005, 37.0051, [ |
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principal or other appropriate administrator shall schedule a | ||
conference among the principal or other appropriate administrator, | ||
a parent or guardian of the student, the teacher removing the | ||
student from class, if any, and the student. At the conference, the | ||
student is entitled to written or oral notice of the reasons for the | ||
removal or discipline, an explanation of the basis for the removal | ||
or discipline, and an opportunity to respond to the reasons for the | ||
removal or discipline. If removed from class, the [ |
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not be returned to the regular classroom pending the conference. | ||
Following the conference, and whether or not each requested person | ||
is in attendance after valid attempts to require the person's | ||
attendance, the principal shall order the placement of the student | ||
for a period consistent with the student code of conduct. If school | ||
district policy allows a student to appeal to the board of trustees | ||
or the board's designee a decision of the principal or other | ||
appropriate administrator, other than an expulsion under Section | ||
37.007, the decision of the board or the board's designee is final | ||
and may not be appealed. If the period of the placement is | ||
inconsistent with the guidelines included in the student code of | ||
conduct under Section 37.001(a)(5), the order must give notice of | ||
the inconsistency. The period of the placement may not exceed one | ||
year unless, after a review, the district determines that: | ||
(1) the student is a threat to the safety of other | ||
students or to district employees; or | ||
(2) extended placement is in the best interest of the | ||
student. | ||
(f) Before a student may be expelled under Section 37.007 or | ||
Section 37.0081, the board or the board's designee must provide the | ||
student a hearing at which the student is afforded appropriate due | ||
process as required by the federal constitution and which the | ||
student's parent or guardian is invited, in writing, to attend. At | ||
the hearing, the student is entitled to be represented by the | ||
student's parent or guardian or another adult who can provide | ||
guidance to the student and who is not an employee of the school | ||
district. If the school district makes a good-faith effort to | ||
inform the student and the student's parent or guardian of the time | ||
and place of the hearing, the district may hold the hearing | ||
regardless of whether the student, the student's parent or | ||
guardian, or another adult representing the student attends. If | ||
the decision to expel a student is made by the board's designee, the | ||
decision may be appealed to the board. The decision of the board | ||
may be appealed by trial de novo to a district court of the county in | ||
which the school district's central administrative office is | ||
located. | ||
SECTION 7. Section 37.011(b), Education Code, is amended to | ||
read as follows: | ||
(b) If a student admitted into the public schools of a | ||
school district under Section 25.001(b) is expelled from school for | ||
conduct [ |
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(d), or (e), the juvenile court, the juvenile board, or the juvenile | ||
board's designee, as appropriate, shall: | ||
(1) if the student is placed on probation under | ||
Section 54.04, Family Code, order the student to attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides from the date of disposition as a | ||
condition of probation, unless the child is placed in a | ||
post-adjudication treatment facility; | ||
(2) if the student is placed on deferred prosecution | ||
under Section 53.03, Family Code, by the court, prosecutor, or | ||
probation department, require the student to immediately attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides for a period not to exceed six months as a | ||
condition of the deferred prosecution; | ||
(3) in determining the conditions of the deferred | ||
prosecution or court-ordered probation, consider the length of the | ||
school district's expulsion order for the student; and | ||
(4) provide timely educational services to the student | ||
in the juvenile justice alternative education program in the county | ||
in which the student resides, regardless of the student's age or | ||
whether the juvenile court has jurisdiction over the student. | ||
SECTION 8. Section 37.303, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM | ||
REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, | ||
on receiving notice under Article 15.27, Code of Criminal | ||
Procedure, or Chapter 62, Code of Criminal Procedure, that a | ||
student is required to register as a sex offender under that | ||
chapter, a school district may [ |
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regular classroom and determine the appropriate placement of the | ||
student in the manner provided by this subchapter. | ||
SECTION 9. Section 37.304(a), Education Code, is amended to | ||
read as follows: | ||
(a) A school district may [ |
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this subchapter applies and who is under any form of court | ||
supervision, including probation, community supervision, or | ||
parole, in the appropriate alternative education program as | ||
provided by Section 37.309 for at least one semester. | ||
SECTION 10. This Act applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 11. 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, 2015. |