Texas 2013 - 83rd Regular

Texas Senate Bill SB1541 Compare Versions

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Old	New	Differences
1	1	83R22327 CAS-D
2	2	By: Van de Putte S.B. No. 1541
3	3	(Allen)
4	4	Substitute the following for S.B. No. 1541: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to discipline of public school students by school bus
10	10	drivers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.001(a), Education Code, is amended to
13	13	read as follows:
14	14	(a) The board of trustees of an independent school district
15	15	shall, with the advice of its district-level committee established
16	16	under Subchapter F, Chapter 11, adopt a student code of conduct for
17	17	the district. The student code of conduct must be posted and
18	18	prominently displayed at each school campus or made available for
19	19	review at the office of the campus principal. In addition to
20	20	establishing standards for student conduct, the student code of
21	21	conduct must:
22	22	(1) specify the circumstances, in accordance with this
23	23	subchapter, under which a student may be removed from a classroom,
24	24	campus, [or] disciplinary alternative education program, or school
25	25	bus;
26	26	(2) specify conditions that authorize or require a
27	27	principal or other appropriate administrator to transfer a student
28	28	to a disciplinary alternative education program;
29	29	(3) outline conditions under which a student may be
30	30	suspended as provided by Section 37.005 or expelled as provided by
31	31	Section 37.007;
32	32	(4) specify that consideration will be given, as a
33	33	factor in each decision concerning suspension, removal to a
34	34	disciplinary alternative education program, expulsion, or
35	35	placement in a juvenile justice alternative education program,
36	36	regardless of whether the decision concerns a mandatory or
37	37	discretionary action, to:
38	38	(A) self-defense;
39	39	(B) intent or lack of intent at the time the
40	40	student engaged in the conduct;
41	41	(C) a student's disciplinary history; or
42	42	(D) a disability that substantially impairs the
43	43	student's capacity to appreciate the wrongfulness of the student's
44	44	conduct;
45	45	(5) provide guidelines for setting the length of a
46	46	term of:
47	47	(A) a removal under Section 37.006; and
48	48	(B) an expulsion under Section 37.007;
49	49	(6) address the notification of a student's parent or
50	50	guardian of a violation of the student code of conduct committed by
51	51	the student that results in suspension, removal to a disciplinary
52	52	alternative education program, or expulsion;
53	53	(7) prohibit bullying, harassment, and making hit
54	54	lists and ensure that district employees enforce those
55	55	prohibitions; and
56	56	(8) provide, as appropriate for students at each grade
57	57	level, methods, including options, for:
58	58	(A) managing students in the classroom and on
59	59	school grounds;
60	60	(B) disciplining students; and
61	61	(C) preventing and intervening in student
62	62	discipline problems, including bullying, harassment, and making
63	63	hit lists.
64	64	SECTION 2. Subchapter A, Chapter 37, Education Code, is
65	65	amended by adding Section 37.0022 to read as follows:
66	66	Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER. (a) The driver
67	67	of a school bus transporting students to or from school or a
68	68	school-sponsored or school-related activity may send a student to
69	69	the principal's office to maintain effective discipline on the
70	70	school bus. The principal shall respond by employing appropriate
71	71	discipline management techniques consistent with the student code
72	72	of conduct adopted under Section 37.001.
73	73	(b) Section 37.004 applies to any placement under
74	74	Subsection (a) of a student with a disability who receives special
75	75	education services.
76	76	SECTION 3. This Act applies beginning with the 2013-2014
77	77	school year.
78	78	SECTION 4. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2013.