By: Whitmire S.B. No. 2103
A BILL TO BE ENTITLED
AN ACT
relating to the expulsion and removal of students from schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001(4), Education Code, is amended by
adding Subsections (E), (F), and (G) to read as follows:
(4) specify whetherthat consideration iswill be
given, as a factor in a decision 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; or
(E) a student's academic history; or
(F) a student's juvenile record; or
(G) exigent circumstances.
SECTION 2. Section 37.006(a), Education Code, is amended to
read as follows:
(a) Upon receiving a determination from the conference,
hearing, or review in accordance with Section 37.009,(a) A a
student shall be removed from class and placed in a disciplinary
alternative education program as provided by Section 37.008 if the
student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
SECTION 3. Section 37.007(a), Education Code, is amended to
read as follows:
(a) Upon receiving a determination from the conference,
hearing, or review in accordance with Section 37.009,(a) A a
student shall be expelled from a school if the student, on school
property or while attending a school-sponsored or school-related
activity on or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon under
Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 4. Section 37.009(f), Education Code, is amended to
read as follows:
(f) Before a student may be expelled under Section 37.007,
the board or the board's designee must provide the student a
hearing. At the hearing, the board or the board's designee must
present a preponderance of evidence and demonstrate intent at the
time the student engaged in conduct.at which theThe student is
shall be afforded appropriate due process as required by the
federal constitution and which the student's parent or guardian is
will be invited, in writing, to attend. At the hearing, the student
is entitled to be represented by the student's parent or guardian or
another adult who can provide guidance to the student and who is not
an employee of the school district. If the school district makes a
good-faith effort to inform the student and the student's parent or
guardian of the time and place of the hearing, the district may hold
the hearing regardless of whether the student, the student's parent
or guardian, or another adult representing the student attends.
The school district shall give the student and the student's parent
or guardian a minimum of 48 hours of notice by certified mail or
personal delivery of notice of the time and place of the hearing.
The board shall follow all hearing regulations and shall consider
Section 37.001 Subsections (4) (A) (B) (C) (D) (E) (F) before making
a decision to expel a student under section 37.007. If the
decision to expel a student is made by the board's designee, the
decision may be appealed to the board. If the decision finds the
student absolved of wrongdoing, no further action will be pursued
by the board. The decision of the board may be appealed by trial de
novo to a district court of the county in which the school
district's central administrative office is located.
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.