Texas 2009 - 81st Regular

Texas House Bill HB368 Compare Versions

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

Old	New	Differences
1	1	81R2953 JRJ-D
2	2	By: Anderson H.B. No. 368
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to site-based public school discipline policy committees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 11.253(d) and (h), Education Code, are
10	10	amended to read as follows:
11	11	(d) Each campus improvement plan must:
12	12	(1) assess the academic achievement for each student
13	13	in the school using the academic excellence indicator system as
14	14	described by Section 39.051;
15	15	(2) set the campus performance objectives based on the
16	16	academic excellence indicator system, including objectives for
17	17	special needs populations, including students in special education
18	18	programs under Subchapter A, Chapter 29;
19	19	(3) identify how the campus goals will be met for each
20	20	student;
21	21	(4) determine the resources needed to implement the
22	22	plan;
23	23	(5) identify staff needed to implement the plan;
24	24	(6) set timelines for reaching the goals;
25	25	(7) measure progress toward the performance
26	26	objectives periodically to ensure that the plan is resulting in
27	27	academic improvement;
28	28	(8) include goals and methods for violence prevention
29	29	and intervention on campus as approved by a site-based school
30	30	discipline policy committee established under Section 11.2531, if
31	31	such a committee is established; and
32	32	(9) provide for a program to encourage parental
33	33	involvement at the campus.
34	34	(h) A principal shall regularly consult the campus-level
35	35	committee and a site-based school discipline policy committee
36	36	established under Section 11.2531, if such a committee is
37	37	established, in the planning, operation, supervision, and
38	38	evaluation of the campus educational program.
39	39	SECTION 2. Subchapter F, Chapter 11, Education Code, is
40	40	amended by adding Section 11.2531 to read as follows:
41	41	Sec. 11.2531. SITE-BASED SCHOOL DISCIPLINE POLICY
42	42	COMMITTEE. (a) Each school district shall permit the
43	43	establishment of a site-based school discipline policy committee at
44	44	a district campus.
45	45	(b) A group of classroom teachers at a campus may establish
46	46	a site-based school discipline policy committee by a petition
47	47	containing the signatures of at least 50 percent of the classroom
48	48	teachers at the campus. If such a petition is submitted to the
49	49	principal not later than the 10th instructional day of a school
50	50	year, the principal shall approve the establishment of the
51	51	committee.
52	52	(c) A member of a site-based school discipline policy
53	53	committee must be a full-time classroom teacher.
54	54	(d) Not later than the 20th instructional day of a school
55	55	year, the committee shall meet and elect by secret ballot an
56	56	executive board from its membership. The board shall establish
57	57	policies concerning the time and manner of committee and board
58	58	meetings.
59	59	(e) A site-based school discipline policy committee shall
60	60	establish policies regarding:
61	61	(1) discipline management and the student code of
62	62	conduct in accordance with Chapter 37;
63	63	(2) goals and methods for violence prevention and
64	64	intervention on campus;
65	65	(3) the safety of teachers and other school personnel;
66	66	and
67	67	(4) methods for teachers to address the committee or
68	68	the board regarding individual or systematic concerns in matters of
69	69	school discipline or school personnel safety.
70	70	SECTION 3. Section 37.001(a), Education Code, is amended to
71	71	read as follows:
72	72	(a) The board of trustees of an independent school district
73	73	shall, with the advice of its district-level committee established
74	74	under Subchapter F, Chapter 11, and of the site-based school
75	75	discipline policy committees for campuses in the district, if such
76	76	committees are established, adopt a student code of conduct for the
77	77	district. The student code of conduct must be posted and
78	78	prominently displayed at each school campus or made available for
79	79	review at the office of the campus principal. In addition to
80	80	establishing standards for student conduct, the student code of
81	81	conduct must:
82	82	(1) specify the circumstances, in accordance with this
83	83	subchapter, under which a student may be removed from a classroom,
84	84	campus, or disciplinary alternative education program;
85	85	(2) specify conditions that authorize or require a
86	86	principal or other appropriate administrator to transfer a student
87	87	to a disciplinary alternative education program;
88	88	(3) outline conditions under which a student may be
89	89	suspended as provided by Section 37.005 or expelled as provided by
90	90	Section 37.007;
91	91	(4) specify whether consideration is given, as a
92	92	factor in a decision to order suspension, removal to a disciplinary
93	93	alternative education program, or expulsion, to:
94	94	(A) self-defense;
95	95	(B) intent or lack of intent at the time the
96	96	student engaged in the conduct;
97	97	(C) a student's disciplinary history; or
98	98	(D) a disability that substantially impairs the
99	99	student's capacity to appreciate the wrongfulness of the student's
100	100	conduct;
101	101	(5) provide guidelines for setting the length of a
102	102	term of:
103	103	(A) a removal under Section 37.006; and
104	104	(B) an expulsion under Section 37.007;
105	105	(6) address the notification of a student's parent or
106	106	guardian of a violation of the student code of conduct committed by
107	107	the student that results in suspension, removal to a disciplinary
108	108	alternative education program, or expulsion;
109	109	(7) prohibit bullying, harassment, and making hit
110	110	lists and ensure that district employees enforce those
111	111	prohibitions; and
112	112	(8) provide, as appropriate for students at each grade
113	113	level, methods, including options, for:
114	114	(A) managing students in the classroom and on
115	115	school grounds;
116	116	(B) disciplining students; and
117	117	(C) preventing and intervening in student
118	118	discipline problems, including bullying, harassment, and making
119	119	hit lists.
120	120	SECTION 4. Sections 37.002(c) and (d), Education Code, are
121	121	amended to read as follows:
122	122	(c) If a teacher removes a student from class under
123	123	Subsection (b), the principal may place the student into another
124	124	appropriate classroom, into in-school suspension, or into a
125	125	disciplinary alternative education program as provided by Section
126	126	37.008. The principal may not return the student to that teacher's
127	127	class without the teacher's consent unless the site-based school
128	128	discipline policy committee established under Section 11.2531 or,
129	129	if such a committee is not established, the committee established
130	130	under Section 37.003 determines that such placement is the best or
131	131	only alternative available. The terms of the removal may prohibit
132	132	the student from attending or participating in school-sponsored or
133	133	school-related activity.
134	134	(d) A teacher shall remove from class and send to the
135	135	principal for placement in a disciplinary alternative education
136	136	program or for expulsion, as appropriate, a student who engages in
137	137	conduct described under Section 37.006 or 37.007. The student may
138	138	not be returned to that teacher's class without the teacher's
139	139	consent unless the site-based school discipline policy committee
140	140	established under Section 11.2531 or, if such a committee is not
141	141	established, the committee established under Section 37.003
142	142	determines that such placement is the best or only alternative
143	143	available. If the teacher removed the student from class because
144	144	the student has engaged in the elements of any offense listed in
145	145	Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C)
146	146	against the teacher, the student may not be returned to the
147	147	teacher's class without the teacher's consent. The teacher may not
148	148	be coerced to consent.
149	149	SECTION 5. This Act applies beginning with the 2009-2010
150	150	school year.
151	151	SECTION 6. This Act takes effect immediately if it receives
152	152	a vote of two-thirds of all the members elected to each house, as
153	153	provided by Section 39, Article III, Texas Constitution. If this
154	154	Act does not receive the vote necessary for immediate effect, this
155	155	Act takes effect September 1, 2009.