| 1 | 1 | | 81R710 PAM-D |
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| 2 | 2 | | By: Dutton H.B. No. 943 |
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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 disciplinary actions imposed on public school students |
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| 8 | 8 | | who disrupt the conduct of class or other school activities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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| 11 | 11 | | amended by adding Section 37.0052 to read as follows: |
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| 12 | 12 | | Sec. 37.0052. SUSPENSION OF STUDENT FOR DISRUPTION OF |
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| 13 | 13 | | CLASSES IN CERTAIN CIRCUMSTANCES. (a) In this section: |
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| 14 | 14 | | (1) "Disrupting the conduct of classes or other school |
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| 15 | 15 | | activities," "public property," and "school property" have the |
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| 16 | 16 | | meanings assigned by Section 37.124(c). |
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| 17 | 17 | | (2) "Student" means any person who is registered in or |
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| 18 | 18 | | in attendance at a public school. |
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| 19 | 19 | | (b) A principal may place a student into in-school |
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| 20 | 20 | | suspension if the student, on school property or on public property |
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| 21 | 21 | | within 500 feet of school property, alone or in concert with others, |
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| 22 | 22 | | intentionally disrupts the conduct of classes or other school |
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| 23 | 23 | | activities. |
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| 24 | 24 | | (c) A suspension under this section may not exceed three |
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| 25 | 25 | | school days. |
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| 26 | 26 | | SECTION 2. Section 37.124(a), Education Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (a) A person other than a student commits an offense if the |
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| 29 | 29 | | person, on school property or on public property within 500 feet of |
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| 30 | 30 | | school property, alone or in concert with others, intentionally |
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| 31 | 31 | | disrupts the conduct of classes or other school activities. |
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| 32 | 32 | | SECTION 3. Section 37.124(c), Education Code, is amended by |
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| 33 | 33 | | adding Subdivision (4) to read as follows: |
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| 34 | 34 | | (4) "Student" has the meaning assigned by Section |
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| 35 | 35 | | 37.0052. |
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| 36 | 36 | | SECTION 4. This Act applies beginning with the 2009-2010 |
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| 37 | 37 | | school year. |
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| 38 | 38 | | SECTION 5. (a) The change in law made by Section |
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| 39 | 39 | | 37.124(a), Education Code, as amended by this Act, applies only to |
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| 40 | 40 | | an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | For purposes of this section, an offense is committed before the |
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| 42 | 42 | | effective date of this Act if any element of the offense occurs |
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| 43 | 43 | | before that date. |
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| 44 | 44 | | (b) An offense committed before the effective date of this |
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| 45 | 45 | | Act is governed by the law in effect when the offense was committed, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 6. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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