Texas 2009 - 81st Regular

Texas Senate Bill SB2270 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Gallegos S.B. No. 2270
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to consideration of mitigating factors in determining
7	7	appropriate disciplinary action to be taken against a public school
8	8	student.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 37.001, Education Code,
11	11	is amended to read as follows:
12	12	(a) The board of trustees of an independent school district
13	13	shall, with the advice of its district-level committee established
14	14	under Subchapter F, Chapter 11, adopt a student code of conduct for
15	15	the district. The student code of conduct must be posted and
16	16	prominently displayed at each school campus or made available for
17	17	review at the office of the campus principal. In addition to
18	18	establishing standards for student conduct, the student code of
19	19	conduct must:
20	20	(1) specify the circumstances, in accordance with this
21	21	subchapter, under which a student may be removed from a classroom,
22	22	campus, or disciplinary alternative education program;
23	23	(2) specify conditions that authorize or require a
24	24	principal or other appropriate administrator to transfer a student
25	25	to a disciplinary alternative education program;
26	26	(3) outline conditions under which a student may be
27	27	suspended as provided by Section 37.005 or expelled as provided by
28	28	Section 37.007;
29	29	(4) specify that [whether] consideration will be [is]
30	30	given, as a factor in each [a] decision concerning [to order]
31	31	suspension, removal to a disciplinary alternative education
32	32	program, or expulsion and placement in a juvenile justice
33	33	alternative education program, regardless of whether the decision
34	34	concerns a mandatory or discretionary action, to:
35	35	(A) self-defense;
36	36	(B) intent or lack of intent at the time the
37	37	student engaged in the conduct;
38	38	(C) a student's disciplinary history; or
39	39	(D) a disability that substantially impairs the
40	40	student's capacity to appreciate the wrongfulness of the student's
41	41	conduct;
42	42	(5) provide guidelines for setting the length of a
43	43	term of:
44	44	(A) a removal under Section 37.006; and
45	45	(B) an expulsion under Section 37.007;
46	46	(6) address the notification of a student's parent or
47	47	guardian of a violation of the student code of conduct committed by
48	48	the student that results in suspension, removal to a disciplinary
49	49	alternative education program, or expulsion;
50	50	(7) prohibit bullying, harassment, and making hit
51	51	lists and ensure that district employees enforce those
52	52	prohibitions; and
53	53	(8) provide, as appropriate for students at each grade
54	54	level, methods, including options, for:
55	55	(A) managing students in the classroom and on
56	56	school grounds;
57	57	(B) disciplining students; and
58	58	(C) preventing and intervening in student
59	59	discipline problems, including bullying, harassment, and making
60	60	hit lists.
61	61	SECTION 2. This Act applies beginning with the 2009-2010
62	62	school year.
63	63	SECTION 3. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2009.