83R6302 GCB/JSC-D
By: Raymond H.B. No. 2450
A BILL TO BE ENTITLED
AN ACT
relating to public and private school searches of students with
parental consent and certain disciplinary measures and other
procedures that may arise from such a search.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Sections 37.0012 and 37.0013 to read as follows:
Sec. 37.0012. PARENTAL-CONSENT SEARCH. (a) The principal
of a public or private primary or secondary school or
open-enrollment charter school who suspects a student of engaging
in harmful or illegal conduct that poses a serious risk to the
student or other students at the school may seek consent from the
parent or guardian of the student to search the student and the
possessions of the student for evidence of a violation of the law or
school policy. If the student's parent or guardian consents to the
search, the principal may conduct the search with the assistance of
a peace officer commissioned by the board of trustees of a district
or security personnel employed by the school.
(b) The principal of a public or private primary or
secondary school or open-enrollment charter school or a peace
officer commissioned by the board of trustees of a district or
security personnel employed by the school shall confiscate any item
or substance prohibited by law and immediately deliver the item or
substance to a local law enforcement agency.
Sec. 37.0013. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH. (a) A student found
to be in violation of law or school policy based on a
parental-consent search conducted under Section 37.0012 may not be
expelled for the violation.
(b) A student found to be in violation of law or school
policy based on a parental-consent search conducted under Section
37.0012 may, with the consent of the student's parent or guardian,
be subject to compulsory attendance at, as appropriate:
(1) a youth boot camp established under Section
37.013(b); and
(2) a substance abuse treatment program established
under Section 37.013(c).
SECTION 2. Section 37.007(a), Education Code, is amended to
read as follows:
(a) Except as provided by Subsection (k) or Section 37.0013,
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 3. Section 37.013, Education Code, is amended to
read as follows:
Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
JUVENILE BOARDS; YOUTH BOOT CAMP; SUBSTANCE ABUSE PROGRAM. (a) The
board of trustees of the school district or the board's designee
shall at the call of the president of the board of trustees
regularly meet with the juvenile board for the county in which the
district's central administrative office is located or the juvenile
board's designee concerning supervision and rehabilitative
services appropriate for expelled students and students assigned to
disciplinary alternative education programs. Matters for
discussion shall include service by probation officers at the
disciplinary alternative education program site, recruitment of
volunteers to serve as mentors and provide tutoring services, and
coordination with other social service agencies.
(b) The board of trustees of a school district or governing
body of an open-enrollment charter school or private school may
cooperate with the juvenile board of the county or local juvenile
probation department in establishing a youth boot camp in
accordance with Section 152.0011, Human Resources Code, for
students who violate a law or school policy in a manner that poses a
serious risk to the student or other students at the school.
(c) The board of trustees of a school district or governing
body of an open-enrollment charter school or private school may
cooperate with the juvenile board of the county or local juvenile
probation department in establishing a substance abuse treatment
program for students who violate a law or school policy by engaging
in prohibited conduct related to the use, possession, or delivery
of alcohol or a controlled substance.
SECTION 4. Chapter 54, Family Code, is amended by adding
Section 54.0321 to read as follows:
Sec. 54.0321. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
CERTAIN CASES ON COMPLETION OF DISCIPLINARY PROGRAM. (a) This
section applies only to a child who, based on evidence obtained
pursuant to a parental-consent search under Section 37.0012,
Education Code, is alleged to have engaged in conduct indicating a
need for supervision or delinquent conduct.
(b) A juvenile court may defer adjudication proceedings
under Section 54.03 for not more than 180 days if a child described
by Subsection (a) presents to the court a written request to attend
a disciplinary program under Section 37.0013, Education Code.
(c) A child for whom adjudication proceedings are deferred
under Subsection (b) shall complete the disciplinary program not
later than the 90th day after the date the teen court hearing to
determine punishment is held or the last day of the deferral period,
whichever date is earlier. The court shall dismiss the case with
prejudice at the time the child presents satisfactory evidence that
the child has successfully completed the disciplinary program.
(d) A case dismissed under this section may not be part of
the child's records for any purpose.
SECTION 5. Section 58.003, Family Code, is amended by
adding Subsections (c-7) and (d-1) to read as follows:
(c-7) This subsection applies only to a child who, based on
evidence obtained pursuant to a parental-consent search under
Section 37.0012, Education Code, is adjudicated to have engaged in
conduct indicating a need for supervision or delinquent conduct.
Notwithstanding Subsections (a) and (c) and subject to Subsection
(b), a juvenile court may order the sealing of records concerning a
child described by this subsection if the child successfully
completed a disciplinary program described by Section 37.0012,
Education Code, or graduated from high school or received the
child's certificate of high school equivalency. The court may:
(1) order the sealing of the records immediately and
without a hearing; or
(2) hold a hearing to determine whether to seal the
records.
(d-1) The court may grant the relief authorized under
Subsection (c-7) at any time after the child satisfies the
requirements of that subsection. If the child is referred to the
juvenile court for conduct constituting any offense and at the
adjudication hearing the child is found to be not guilty of each
offense alleged, the court shall immediately and without any
additional hearing order the sealing of all files and records
relating to the case.
SECTION 6. 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, 2013.