By: Cortez H.B. No. 4044
A BILL TO BE ENTITLED
AN ACT
relating to the application of discipline to certain students with
autism or another pervasive developmental disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001, Education Code, is amended to
read as follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11, adopt a student code of conduct for
the district. The student code of conduct must be posted and
prominently displayed at each school campus or made available for
review at the office of the campus principal. In addition to
establishing standards for student conduct, the student code of
conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, disciplinary alternative education program, or vehicle
owned or operated by the district;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary alternative education program;
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify that consideration will be given, as a
factor in each decision concerning suspension, removal to a
disciplinary alternative education program, expulsion, or
placement in a juvenile justice alternative education program,
regardless of whether the decision concerns a mandatory or
discretionary action, to:
(A) self-defense;
(B) intent or lack of intent at the time the
student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the
student's capacity to appreciate the wrongfulness of the student's
conduct;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit
lists and ensure that district employees enforce those
prohibitions; [and]
(8) provide, as appropriate for students at each grade
level, methods, including options, for:
(A) managing students in the classroom, on school
grounds, and on a vehicle owned or operated by the district;
(B) disciplining students; and
(C) preventing and intervening in student
discipline problems, including bullying, harassment, and making
hit lists[.]; and
(9) provide for the notification of parents of
students with autism or another pervasive developmental disorder
before beginning the disciplinary process contained in this
Subchapter.
(b) In this section:
(1) "Bullying" has the meaning assigned by Section
37.0832.
(2) "Harassment" means threatening to cause harm or
bodily injury to another student, engaging in sexually intimidating
conduct, causing physical damage to the property of another
student, subjecting another student to physical confinement or
restraint, or maliciously taking any action that substantially
harms another student's physical or emotional health or safety.
(3) "Hit list" means a list of people targeted to be
harmed, using:
(A) a firearm, as defined by Section 46.01(3),
Penal Code;
(B) a knife, as defined by Section 46.01(7),
Penal Code; or
(C) any other object to be used with intent to
cause bodily harm.
(b-1) The methods adopted under Subsection (a)(8) must
provide that a student who is enrolled in a special education
program under Subchapter A, Chapter 29, may not be disciplined for
conduct prohibited in accordance with Subsection (a)(7) until an
admission, review, and dismissal committee meeting has been held to
review the conduct.
(c) Once the student code of conduct is promulgated, any
change or amendment must be approved by the board of trustees.
(d) Each school year, a school district shall provide
parents notice of and information regarding the student code of
conduct.
(e) Except as provided by Section 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 2. This Act takes effect September 1, 2017.