Texas 2009 - 81st Regular

Texas House Bill HB171 Compare Versions

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Old	New	Differences
1	1	H.B. No. 171
2	2
3	3
4	4	AN ACT
5	5	relating to consideration of mitigating factors in determining
6	6	appropriate disciplinary action to be taken against a public school
7	7	student.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.001(a), Education Code, is amended to
10	10	read as follows:
11	11	(a) The board of trustees of an independent school district
12	12	shall, with the advice of its district-level committee established
13	13	under Subchapter F, Chapter 11, adopt a student code of conduct for
14	14	the district. The student code of conduct must be posted and
15	15	prominently displayed at each school campus or made available for
16	16	review at the office of the campus principal. In addition to
17	17	establishing standards for student conduct, the student code of
18	18	conduct must:
19	19	(1) specify the circumstances, in accordance with this
20	20	subchapter, under which a student may be removed from a classroom,
21	21	campus, or disciplinary alternative education program;
22	22	(2) specify conditions that authorize or require a
23	23	principal or other appropriate administrator to transfer a student
24	24	to a disciplinary alternative education program;
25	25	(3) outline conditions under which a student may be
26	26	suspended as provided by Section 37.005 or expelled as provided by
27	27	Section 37.007;
28	28	(4) specify that [whether] consideration will be [is]
29	29	given, as a factor in each [a] decision concerning [to order]
30	30	suspension, removal to a disciplinary alternative education
31	31	program, [or] expulsion, or placement in a juvenile justice
32	32	alternative education program, regardless of whether the decision
33	33	concerns a mandatory or discretionary action, to:
34	34	(A) self-defense;
35	35	(B) intent or lack of intent at the time the
36	36	student engaged in the conduct;
37	37	(C) a student's disciplinary history; or
38	38	(D) a disability that substantially impairs the
39	39	student's capacity to appreciate the wrongfulness of the student's
40	40	conduct;
41	41	(5) provide guidelines for setting the length of a
42	42	term of:
43	43	(A) a removal under Section 37.006; and
44	44	(B) an expulsion under Section 37.007;
45	45	(6) address the notification of a student's parent or
46	46	guardian of a violation of the student code of conduct committed by
47	47	the student that results in suspension, removal to a disciplinary
48	48	alternative education program, or expulsion;
49	49	(7) prohibit bullying, harassment, and making hit
50	50	lists and ensure that district employees enforce those
51	51	prohibitions; and
52	52	(8) provide, as appropriate for students at each grade
53	53	level, methods, including options, for:
54	54	(A) managing students in the classroom and on
55	55	school grounds;
56	56	(B) disciplining students; and
57	57	(C) preventing and intervening in student
58	58	discipline problems, including bullying, harassment, and making
59	59	hit lists.
60	60	SECTION 2. This Act applies beginning with the 2009-2010
61	61	school year.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2009.
67	67	______________________________ ______________________________
68	68	President of the Senate Speaker of the House
69	69	I certify that H.B. No. 171 was passed by the House on May 1,
70	70	2009, by the following vote: Yeas 93, Nays 48, 1 present, not
71	71	voting; that the House refused to concur in Senate amendments to
72	72	H.B. No. 171 on May 29, 2009, and requested the appointment of a
73	73	conference committee to consider the differences between the two
74	74	houses; and that the House adopted the conference committee report
75	75	on H.B. No. 171 on May 31, 2009, by the following vote: Yeas 146,
76	76	Nays 0, 2 present, not voting.
77	77	______________________________
78	78	Chief Clerk of the House
79	79	I certify that H.B. No. 171 was passed by the Senate, with
80	80	amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
81	81	1; at the request of the House, the Senate appointed a conference
82	82	committee to consider the differences between the two houses; and
83	83	that the Senate adopted the conference committee report on H.B. No.
84	84	171 on June 1, 2009, by the following vote: Yeas 30, Nays 1.
85	85	______________________________
86	86	Secretary of the Senate
87	87	APPROVED: __________________
88	88	Date
89	89	__________________
90	90	Governor