82R2062 SJM-D
By: Wentworth S.B. No. 183
A BILL TO BE ENTITLED
AN ACT
relating to placement of a student in a disciplinary alternative
education program for certain harassing behavior directed at an
educator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006, Education Code, is amended by
adding Subsection (d-2) to read as follows:
(d-2) In addition to Subsections (a), (b), and (c), a
student shall be removed from class and placed for a period of not
less than 60 days in a disciplinary alternative education program
as provided by Section 37.008 if:
(1) the student publishes, as defined by Section
33A.01, Penal Code:
(A) a threat of death or a threat of bodily
injury, as defined by Section 1.07, Penal Code, that is directed at
an educator;
(B) material associating an educator with a
terroristic, criminal, or hate group; or
(C) material depicting an educator engaging in an
act that is obscene, as defined by Section 43.21, Penal Code;
(2) the student's behavior would cause a reasonable
educator to fear:
(A) bodily injury or death for himself or
herself;
(B) bodily injury or death for a member of the
educator's family or household as defined by Chapter 71, Family
Code; or
(C) that an offense will be committed, or
delinquent conduct will be engaged in, against the educator's
property; and
(3) the student's behavior:
(A) causes injury to the educator's professional
reputation;
(B) significantly impairs the educator's ability
to perform professional duties; or
(C) causes substantial disruption to the
educator's classroom or the campus environment.
SECTION 2. Section 37.001(e), Education Code, is amended to
read as follows:
(e) Except as provided by Section 37.006(d-2) or 37.007(e),
this subchapter does not require the student code of conduct to
specify a minimum term of a removal under Section 37.006 or an
expulsion under Section 37.007.
SECTION 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. 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, 2011.