Texas 2015 - 84th Regular

Texas Senate Bill SB107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Whitmire, et al. S.B. No. 107
2		-	(Thompson of Harris)
	1	+	S.B. No. 107
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the designation of campus behavior coordinators to
8	6		serve at public school campuses and issues to be considered when
9	7		removing a student from class.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subchapter A, Chapter 37, Education Code, is
12	10		amended by adding Section 37.0012 to read as follows:
13	11		Sec. 37.0012. DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR.
14	12		(a) A person at each campus must be designated to serve as the
15	13		campus behavior coordinator. The person designated may be the
16	14		principal of the campus or any other campus administrator selected
17	15		by the principal.
18	16		(b) The campus behavior coordinator is primarily
19	17		responsible for maintaining student discipline and the
20	18		implementation of this subchapter.
21	19		(c) Except as provided by this chapter, the specific duties
22	20		of the campus behavior coordinator may be established by campus or
23	21		district policy. Unless otherwise provided by campus or district
24	22		policy:
25	23		(1) a duty imposed on a campus principal or other
26	24		campus administrator under this subchapter shall be performed by
27	25		the campus behavior coordinator; and
28	26		(2) a power granted to a campus principal or other
29	27		campus administrator under this subchapter may be exercised by the
30	28		campus behavior coordinator.
31	29		(d) The campus behavior coordinator shall promptly notify a
32	30		student's parent or guardian as provided by this subsection if
33	31		under this subchapter the student is placed into in-school or
34	32		out-of-school suspension, placed in a disciplinary alternative
35	33		education program, expelled, or placed in a juvenile justice
36	34		alternative education program or is taken into custody by a law
37	35		enforcement officer. A campus behavior coordinator must comply
38	36		with this subsection by:
39	37		(1) promptly contacting the parent or guardian by
40	38		telephone or in person; and
41	39		(2) making a good faith effort to provide written
42	40		notice of the disciplinary action to the student, on the day the
43	41		action is taken, for delivery to the student's parent or guardian.
44	42		(e) If a parent or guardian entitled to notice under
45	43		Subsection (d) has not been reached by telephone or in person by 5
46	44		p.m. of the first business day after the day the disciplinary action
47	45		is taken, a campus behavior coordinator shall mail written notice
48	46		of the action to the parent or guardian at the parent's or
49	47		guardian's last known address.
50	48		(f) If a campus behavior coordinator is unable or not
51	49		available to promptly provide notice under Subsection (d), the
52	50		principal or other designee shall provide the notice.
53	51		SECTION 2. Section 37.002(a), Education Code, is amended to
54	52		read as follows:
55	53		(a) A teacher may send a student to the campus behavior
56	54		coordinator's [principal's] office to maintain effective
57	55		discipline in the classroom. The campus behavior coordinator
58	56		[principal] shall respond by employing appropriate discipline
59	57		management techniques consistent with the student code of conduct
60	58		adopted under Section 37.001 that can reasonably be expected to
61	59		improve the student's behavior before returning the student to the
62	60		classroom. If the student's behavior does not improve, the campus
63	61		behavior coordinator shall employ alternative discipline
64	62		management techniques, including any progressive interventions
65	63		designated as the responsibility of the campus behavior coordinator
66	64		in the student code of conduct.
67	65		SECTION 3. Section 37.007(a), Education Code, is amended to
68	66		read as follows:
69	67		(a) Except as provided by Subsection (k), a student shall be
70	68		expelled from a school if the student, on school property or while
71	69		attending a school-sponsored or school-related activity on or off
72	70		of school property:
73	71		(1) engages in conduct that contains the elements of
74	72		the offense of unlawfully carrying weapons under Section 46.02,
75	73		Penal Code, or elements of an offense relating to prohibited
76	74		weapons under Section 46.05, Penal Code [uses, exhibits, or
77	75		possesses:
78	76		[(A) a firearm as defined by Section 46.01(3),
79	77		Penal Code;
80	78		[(B) an illegal knife as defined by Section
81	79		46.01(6), Penal Code, or by local policy;
82	80		[(C) a club as defined by Section 46.01(1), Penal
83	81		Code; or
84	82		[(D) a weapon listed as a prohibited weapon under
85	83		Section 46.05, Penal Code];
86	84		(2) engages in conduct that contains the elements of
87	85		the offense of:
88	86		(A) aggravated assault under Section 22.02,
89	87		Penal Code, sexual assault under Section 22.011, Penal Code, or
90	88		aggravated sexual assault under Section 22.021, Penal Code;
91	89		(B) arson under Section 28.02, Penal Code;
92	90		(C) murder under Section 19.02, Penal Code,
93	91		capital murder under Section 19.03, Penal Code, or criminal
94	92		attempt, under Section 15.01, Penal Code, to commit murder or
95	93		capital murder;
96	94		(D) indecency with a child under Section 21.11,
97	95		Penal Code;
98	96		(E) aggravated kidnapping under Section 20.04,
99	97		Penal Code;
100	98		(F) aggravated robbery under Section 29.03,
101	99		Penal Code;
102	100		(G) manslaughter under Section 19.04, Penal
103	101		Code;
104	102		(H) criminally negligent homicide under Section
105	103		19.05, Penal Code; or
106	104		(I) continuous sexual abuse of young child or
107	105		children under Section 21.02, Penal Code; or
108	106		(3) engages in conduct specified by Section
109	107		37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
110	108		SECTION 4. Sections 37.009(a) and (f), Education Code, are
111	109		amended to read as follows:
112	110		(a) Not later than the third class day after the day on which
113	111		a student is removed from class by the teacher under Section
114	112		37.002(b) or (d) or by the school principal or other appropriate
115	113		administrator under Section 37.001(a)(2) or 37.006, the campus
116	114		behavior coordinator [principal] or other appropriate
117	115		administrator shall schedule a conference among the campus behavior
118	116		coordinator [principal] or other appropriate administrator, a
119	117		parent or guardian of the student, the teacher removing the student
120	118		from class, if any, and the student. At the conference, the student
121	119		is entitled to written or oral notice of the reasons for the
122	120		removal, an explanation of the basis for the removal, and an
123	121		opportunity to respond to the reasons for the removal. The student
124	122		may not be returned to the regular classroom pending the
125	123		conference. Following the conference, and whether or not each
126	124		requested person is in attendance after valid attempts to require
127	125		the person's attendance, the campus behavior coordinator, after
128	126		consideration of the factors under Section 37.001(a)(4),
129	127		[principal] shall order the placement of the student for a period
130	128		consistent with the student code of conduct. Before ordering the
131	129		suspension, expulsion, removal to a disciplinary alternative
132	130		education program, or placement in a juvenile justice alternative
133	131		education program of a student, the behavior coordinator must
134	132		consider whether the student acted in self-defense, the intent or
135	133		lack of intent at the time the student engaged in the conduct, the
136	134		student's disciplinary history, and whether the student has a
137	135		disability that substantially impairs the student's capacity to
138	136		appreciate the wrongfulness of the student's conduct, regardless of
139	137		whether the decision of the behavior coordinator concerns a
140	138		mandatory or discretionary action. If school district policy
141	139		allows a student to appeal to the board of trustees or the board's
142	140		designee a decision of the campus behavior coordinator [principal]
143	141		or other appropriate administrator, other than an expulsion under
144	142		Section 37.007, the decision of the board or the board's designee is
145	143		final and may not be appealed. If the period of the placement is
146	144		inconsistent with the guidelines included in the student code of
147	145		conduct under Section 37.001(a)(5), the order must give notice of
148	146		the inconsistency. The period of the placement may not exceed one
149	147		year unless, after a review, the district determines that[:
150	148		[(1)] the student is a threat to the safety of other
151	149		students or to district employees[; or
152	150		[(2) extended placement is in the best interest of the
153	151		student].
154	152		(f) Before a student may be expelled under Section 37.007,
155	153		the board or the board's designee must provide the student a hearing
156	154		at which the student is afforded appropriate due process as
157	155		required by the federal constitution and which the student's parent
158	156		or guardian is invited, in writing, to attend. At the hearing, the
159	157		student is entitled to be represented by the student's parent or
160	158		guardian or another adult who can provide guidance to the student
161	159		and who is not an employee of the school district. If the school
162	160		district makes a good-faith effort to inform the student and the
163	161		student's parent or guardian of the time and place of the hearing,
164	162		the district may hold the hearing regardless of whether the
165	163		student, the student's parent or guardian, or another adult
166	164		representing the student attends. Before ordering the expulsion of
167	165		a student, the board of trustees must consider whether the student
168	166		acted in self-defense, the intent or lack of intent at the time the
169	167		student engaged in the conduct, the student's disciplinary history,
170	168		and whether the student has a disability that substantially impairs
171	169		the student's capacity to appreciate the wrongfulness of the
172	170		student's conduct, regardless of whether the decision of the board
173	171		concerns a mandatory or discretionary action. If the decision to
174	172		expel a student is made by the board's designee, the decision may be
175	173		appealed to the board. The decision of the board may be appealed by
176	174		trial de novo to a district court of the county in which the school
177	175		district's central administrative office is located.
178	176		SECTION 5. This Act applies beginning with the 2015-2016
179	177		school year.
180	178		SECTION 6. This Act takes effect immediately if it receives
181	179		a vote of two-thirds of all the members elected to each house, as
182	180		provided by Section 39, Article III, Texas Constitution. If this
183	181		Act does not receive the vote necessary for immediate effect, this
184	182		Act takes effect September 1, 2015.
	183	+	______________________________ ______________________________
	184	+	President of the Senate Speaker of the House
	185	+	I hereby certify that S.B. No. 107 passed the Senate on
	186	+	April 23, 2015, by the following vote: Yeas 29, Nays 1.
	187	+	______________________________
	188	+	Secretary of the Senate
	189	+	I hereby certify that S.B. No. 107 passed the House on
	190	+	May 27, 2015, by the following vote: Yeas 137, Nays 7, two
	191	+	present not voting.
	192	+	______________________________
	193	+	Chief Clerk of the House
	194	+	Approved:
	195	+	______________________________
	196	+	Date
	197	+	______________________________
	198	+	Governor