81R10270 EAH-F
By: Eissler H.B. No. 3307
A BILL TO BE ENTITLED
AN ACT
relating to the discipline of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001(a), Education Code, is amended to
read as follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11, adopt a student code of conduct for
the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for
review at the office of the campus principal. In addition to
establishing standards for student conduct, the student code of
conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary alternative education program;
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify that [whether] consideration will be [is]
given, as a factor in a decision regarding [to order] suspension,
removal to a disciplinary alternative education program, or
expulsion, to:
(A) self-defense;
(B) intent or lack of intent at the time the
student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the
student's capacity to appreciate the wrongfulness of the student's
conduct;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit
lists and ensure that district employees enforce those
prohibitions; and
(8) provide, as appropriate for students at each grade
level, methods, including options, for:
(A) managing students in the classroom and on
school grounds;
(B) disciplining students; and
(C) preventing and intervening in student
discipline problems, including bullying, harassment, and making
hit lists.
SECTION 2. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0012 to read as follows:
Sec. 37.0012. DESIGNATION OF CAMPUS DISCIPLINE OFFICER. (a)
A person at each campus must be designated to serve as the campus
discipline officer. The person designated may be the principal of
the campus or any other campus administrator selected by the
principal.
(b) The campus discipline officer is primarily responsible
for maintaining student discipline and the implementation of this
subchapter.
(c) The specific duties of the campus discipline officer may
be established by campus or district policy. Unless otherwise
provided by campus or district policy:
(1) a duty imposed on a campus principal or other
campus administrator under this subchapter shall be performed by
the campus discipline officer; and
(2) a power granted to a campus principal or other
campus administrator under this subchapter may be exercised by the
campus discipline officer.
SECTION 3. Section 37.002, Education Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A teacher may send a student to the campus discipline
officer's [principal's] office to maintain effective discipline in
the classroom. The campus discipline officer [principal] shall
respond by employing appropriate discipline management techniques
consistent with the student code of conduct adopted under Section
37.001 that can reasonably be expected to improve the student's
behavior before returning the student to the classroom.
(e) A school district or employee of a school district may
not retaliate against a teacher for taking action authorized by
this section.
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.