81R10828 CAS-F
By: Olivo H.B. No. 2475
A BILL TO BE ENTITLED
AN ACT
relating to discipline of public school students who fail to report
possession or use of prescription medication on or near school
premises, at school or school-related activities, or on a school
bus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.005, Education Code, is amended by
adding Subsections (a-1), (a-2), and (a-3) to read as follows:
(a-1) Based on a student's disciplinary history, the
student's intent, the best interests of the school, the best
interests of the student, the possible use of a lesser punishment,
and the possible benefits of rehabilitation rather than punishment,
as determined by the principal or other appropriate administrator,
a student may, except as provided by Subsection (a-2), be suspended
under this section if the student, in, on, or within 1,000 feet of
school premises, as defined by Section 481.134, Health and Safety
Code, while attending a school-sponsored or school-related
activity on or off of school premises, or on a school bus, possesses
or uses a controlled substance, as defined by Chapter 481, Health
and Safety Code, or by 21 U.S.C. Section 801 et seq., or a dangerous
drug, as defined by Chapter 483, Health and Safety Code, if:
(1) the substance or drug has been prescribed to the
student as medication as indicated by the lawfully issued
prescription label;
(2) the student has failed to follow school procedures
for reporting to school personnel the student's possession or use
of the substance or drug; and
(3) there is reason to believe that the student's
possession or use of the substance or drug is for the student's
personal medical needs.
(a-2) A principal or other appropriate administrator shall
suspend under this section a student who has been determined to have
engaged in conduct as described by Subsection (a-1) more than one
time.
(a-3) Notwithstanding any other law, a student may not be
issued a citation for engaging in conduct described by Subsection
(a-1).
SECTION 2. Section 37.006, Education Code, is amended by
adding Subsection (q) to read as follows:
(q) Notwithstanding any other provision of this section,
based on a student's disciplinary history, the student's intent,
the best interests of the school, the best interests of the student,
the possible use of a lesser punishment, and the possible benefits
of rehabilitation rather than punishment, as determined by the
school principal or other appropriate administrator, a student may,
except as provided by Sections 37.005(a-1) and (a-2), be removed
from class and placed in a disciplinary alternative education
program as provided by Section 37.008 if the student engages in
conduct as described by Section 37.005(a-1).
SECTION 3. Section 37.007, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In determining whether to expel a student under
Subsection (b) for possession or use of a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq., or a dangerous drug, as defined by Chapter 483,
Health and Safety Code, the school principal shall consider the
student's disciplinary history, the student's intent, the best
interests of the school, the best interests of the student, the
possible use of a lesser punishment, and the possible benefits of
rehabilitation rather than punishment if:
(1) the substance or drug has been prescribed to the
student as medication as indicated by the lawfully issued
prescription label;
(2) the student has failed to follow school procedures
for reporting to school personnel the student's possession or use
of the substance or drug; and
(3) there is reason to believe that the student's
possession or use of the substance or drug is for the student's
personal medical needs.
SECTION 4. This Act applies beginning with the 2009-2010
school year.
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, 2009.