Texas 2009 - 81st Regular

Texas Senate Bill SB2103 Compare Versions

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

Old	New	Differences
1	1	By: Whitmire S.B. No. 2103
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the expulsion and removal of students from schools.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 37.001(4), Education Code, is amended by
9	9	adding Subsections (E), (F), and (G) to read as follows:
10	10	(4) specify whetherthat consideration iswill be
11	11	given, as a factor in a decision to order suspension, removal to a
12	12	disciplinary alternative education program, or expulsion, to:
13	13	(A) self-defense;
14	14	(B) intent or lack of intent at the time the
15	15	student engaged in the conduct;
16	16	(C) a student's disciplinary history; or
17	17	(D) a disability that substantially impairs the
18	18	student's capacity to appreciate the wrongfulness of the student's
19	19	conduct; or
20	20	(E) a student's academic history; or
21	21	(F) a student's juvenile record; or
22	22	(G) exigent circumstances.
23	23	SECTION 2. Section 37.006(a), Education Code, is amended to
24	24	read as follows:
25	25	(a) Upon receiving a determination from the conference,
26	26	hearing, or review in accordance with Section 37.009,(a) A a
27	27	student shall be removed from class and placed in a disciplinary
28	28	alternative education program as provided by Section 37.008 if the
29	29	student:
30	30	(1) engages in conduct involving a public school that
31	31	contains the elements of the offense of false alarm or report under
32	32	Section 42.06, Penal Code, or terroristic threat under Section
33	33	22.07, Penal Code; or
34	34	(2) commits the following on or within 300 feet of
35	35	school property, as measured from any point on the school's real
36	36	property boundary line, or while attending a school-sponsored or
37	37	school-related activity on or off of school property:
38	38	(A) engages in conduct punishable as a felony;
39	39	(B) engages in conduct that contains the elements
40	40	of the offense of assault under Section 22.01(a)(1), Penal Code;
41	41	(C) sells, gives, or delivers to another person
42	42	or possesses or uses or is under the influence of:
43	43	(i) marihuana or a controlled substance, as
44	44	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
45	45	Section 801 et seq.; or
46	46	(ii) a dangerous drug, as defined by
47	47	Chapter 483, Health and Safety Code;
48	48	(D) sells, gives, or delivers to another person
49	49	an alcoholic beverage, as defined by Section 1.04, Alcoholic
50	50	Beverage Code, commits a serious act or offense while under the
51	51	influence of alcohol, or possesses, uses, or is under the influence
52	52	of an alcoholic beverage;
53	53	(E) engages in conduct that contains the elements
54	54	of an offense relating to an abusable volatile chemical under
55	55	Sections 485.031 through 485.034, Health and Safety Code; or
56	56	(F) engages in conduct that contains the elements
57	57	of the offense of public lewdness under Section 21.07, Penal Code,
58	58	or indecent exposure under Section 21.08, Penal Code.
59	59	SECTION 3. Section 37.007(a), Education Code, is amended to
60	60	read as follows:
61	61	(a) Upon receiving a determination from the conference,
62	62	hearing, or review in accordance with Section 37.009,(a) A a
63	63	student shall be expelled from a school if the student, on school
64	64	property or while attending a school-sponsored or school-related
65	65	activity on or off of school property:
66	66	(1) uses, exhibits, or possesses:
67	67	(A) a firearm as defined by Section 46.01(3),
68	68	Penal Code;
69	69	(B) an illegal knife as defined by Section
70	70	46.01(6), Penal Code, or by local policy;
71	71	(C) a club as defined by Section 46.01(1), Penal
72	72	Code; or
73	73	(D) a weapon listed as a prohibited weapon under
74	74	Section 46.05, Penal Code;
75	75	(2) engages in conduct that contains the elements of
76	76	the offense of:
77	77	(A) aggravated assault under Section 22.02,
78	78	Penal Code, sexual assault under Section 22.011, Penal Code, or
79	79	aggravated sexual assault under Section 22.021, Penal Code;
80	80	(B) arson under Section 28.02, Penal Code;
81	81	(C) murder under Section 19.02, Penal Code,
82	82	capital murder under Section 19.03, Penal Code, or criminal
83	83	attempt, under Section 15.01, Penal Code, to commit murder or
84	84	capital murder;
85	85	(D) indecency with a child under Section 21.11,
86	86	Penal Code;
87	87	(E) aggravated kidnapping under Section 20.04,
88	88	Penal Code;
89	89	(F) aggravated robbery under Section 29.03,
90	90	Penal Code;
91	91	(G) manslaughter under Section 19.04, Penal
92	92	Code;
93	93	(H) criminally negligent homicide under Section
94	94	19.05, Penal Code; or
95	95	(I) continuous sexual abuse of young child or
96	96	children under Section 21.02, Penal Code; or
97	97	(3) engages in conduct specified by Section
98	98	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
99	99	SECTION 4. Section 37.009(f), Education Code, is amended to
100	100	read as follows:
101	101	(f) Before a student may be expelled under Section 37.007,
102	102	the board or the board's designee must provide the student a
103	103	hearing. At the hearing, the board or the board's designee must
104	104	present a preponderance of evidence and demonstrate intent at the
105	105	time the student engaged in conduct.at which theThe student is
106	106	shall be afforded appropriate due process as required by the
107	107	federal constitution and which the student's parent or guardian is
108	108	will be invited, in writing, to attend. At the hearing, the student
109	109	is entitled to be represented by the student's parent or guardian or
110	110	another adult who can provide guidance to the student and who is not
111	111	an employee of the school district. If the school district makes a
112	112	good-faith effort to inform the student and the student's parent or
113	113	guardian of the time and place of the hearing, the district may hold
114	114	the hearing regardless of whether the student, the student's parent
115	115	or guardian, or another adult representing the student attends.
116	116	The school district shall give the student and the student's parent
117	117	or guardian a minimum of 48 hours of notice by certified mail or
118	118	personal delivery of notice of the time and place of the hearing.
119	119	The board shall follow all hearing regulations and shall consider
120	120	Section 37.001 Subsections (4) (A) (B) (C) (D) (E) (F) before making
121	121	a decision to expel a student under section 37.007. If the
122	122	decision to expel a student is made by the board's designee, the
123	123	decision may be appealed to the board. If the decision finds the
124	124	student absolved of wrongdoing, no further action will be pursued
125	125	by the board. The decision of the board may be appealed by trial de
126	126	novo to a district court of the county in which the school
127	127	district's central administrative office is located.
128	128	SECTION 5. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.