Texas 2009 - 81st Regular

Texas House Bill HB3307 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10270 EAH-F
2	2	By: Eissler H.B. No. 3307
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the discipline of public school students.
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 a decision regarding [to order] suspension,
30	30	removal to a disciplinary alternative education program, or
31	31	expulsion, to:
32	32	(A) self-defense;
33	33	(B) intent or lack of intent at the time the
34	34	student engaged in the conduct;
35	35	(C) a student's disciplinary history; or
36	36	(D) a disability that substantially impairs the
37	37	student's capacity to appreciate the wrongfulness of the student's
38	38	conduct;
39	39	(5) provide guidelines for setting the length of a
40	40	term of:
41	41	(A) a removal under Section 37.006; and
42	42	(B) an expulsion under Section 37.007;
43	43	(6) address the notification of a student's parent or
44	44	guardian of a violation of the student code of conduct committed by
45	45	the student that results in suspension, removal to a disciplinary
46	46	alternative education program, or expulsion;
47	47	(7) prohibit bullying, harassment, and making hit
48	48	lists and ensure that district employees enforce those
49	49	prohibitions; and
50	50	(8) provide, as appropriate for students at each grade
51	51	level, methods, including options, for:
52	52	(A) managing students in the classroom and on
53	53	school grounds;
54	54	(B) disciplining students; and
55	55	(C) preventing and intervening in student
56	56	discipline problems, including bullying, harassment, and making
57	57	hit lists.
58	58	SECTION 2. Subchapter A, Chapter 37, Education Code, is
59	59	amended by adding Section 37.0012 to read as follows:
60	60	Sec. 37.0012. DESIGNATION OF CAMPUS DISCIPLINE OFFICER. (a)
61	61	A person at each campus must be designated to serve as the campus
62	62	discipline officer. The person designated may be the principal of
63	63	the campus or any other campus administrator selected by the
64	64	principal.
65	65	(b) The campus discipline officer is primarily responsible
66	66	for maintaining student discipline and the implementation of this
67	67	subchapter.
68	68	(c) The specific duties of the campus discipline officer may
69	69	be established by campus or district policy. Unless otherwise
70	70	provided by campus or district policy:
71	71	(1) a duty imposed on a campus principal or other
72	72	campus administrator under this subchapter shall be performed by
73	73	the campus discipline officer; and
74	74	(2) a power granted to a campus principal or other
75	75	campus administrator under this subchapter may be exercised by the
76	76	campus discipline officer.
77	77	SECTION 3. Section 37.002, Education Code, is amended by
78	78	amending Subsection (a) and adding Subsection (e) to read as
79	79	follows:
80	80	(a) A teacher may send a student to the campus discipline
81	81	officer's [principal's] office to maintain effective discipline in
82	82	the classroom. The campus discipline officer [principal] shall
83	83	respond by employing appropriate discipline management techniques
84	84	consistent with the student code of conduct adopted under Section
85	85	37.001 that can reasonably be expected to improve the student's
86	86	behavior before returning the student to the classroom.
87	87	(e) A school district or employee of a school district may
88	88	not retaliate against a teacher for taking action authorized by
89	89	this section.
90	90	SECTION 4. This Act applies beginning with the 2009-2010
91	91	school year.
92	92	SECTION 5. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2009.