| 1 | 1 | | 81R262 PAM-D |
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| 2 | 2 | | By: Raymond H.B. No. 540 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to bullying as a ground for removing a public school |
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| 8 | 8 | | student from class and placing the student in a disciplinary |
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| 9 | 9 | | alternative education program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 37.006, Education Code, is amended by |
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| 12 | 12 | | adding Subsection (p) to read as follows: |
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| 13 | 13 | | (p) A student shall be removed from class and placed in a |
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| 14 | 14 | | disciplinary alternative education program as provided by Section |
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| 15 | 15 | | 37.008 if the student, on or within 300 feet of school property, as |
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| 16 | 16 | | measured from any point on the school's real property boundary |
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| 17 | 17 | | line, or while attending a school-sponsored or school-related |
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| 18 | 18 | | activity on or off of school property, including while on a school |
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| 19 | 19 | | bus or at a school bus stop, engages in bullying. In this |
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| 20 | 20 | | subsection, "bullying" means engaging in written or oral expression |
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| 21 | 21 | | or physical conduct that: |
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| 22 | 22 | | (1) the student knows or reasonably believes will |
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| 23 | 23 | | cause significant emotional distress to another student; |
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| 24 | 24 | | (2) causes significant emotional distress to another |
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| 25 | 25 | | student; and |
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| 26 | 26 | | (3) would cause significant emotional distress to a |
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| 27 | 27 | | reasonable person under the same circumstances. |
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| 28 | 28 | | SECTION 2. Section 37.006(p), Education Code, as added by |
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| 29 | 29 | | this Act, applies beginning with the 2009-2010 school year. |
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| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2009. |
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