Texas 2017 - 85th Regular

Texas House Bill HB4044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Cortez H.B. No. 4044
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the application of discipline to certain students with
7	7	autism or another pervasive developmental disorder.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.001, Education Code, is amended to
10	10	read as follows:
11	11	(a) The board of trustees of an independent school district
12	12	shall, with the advice of its district-level committee established
13	13	under Subchapter F, Chapter 11, adopt a student code of conduct for
14	14	the district. The student code of conduct must be posted and
15	15	prominently displayed at each school campus or made available for
16	16	review at the office of the campus principal. In addition to
17	17	establishing standards for student conduct, the student code of
18	18	conduct must:
19	19	(1) specify the circumstances, in accordance with this
20	20	subchapter, under which a student may be removed from a classroom,
21	21	campus, disciplinary alternative education program, or vehicle
22	22	owned or operated by the district;
23	23	(2) specify conditions that authorize or require a
24	24	principal or other appropriate administrator to transfer a student
25	25	to a disciplinary alternative education program;
26	26	(3) outline conditions under which a student may be
27	27	suspended as provided by Section 37.005 or expelled as provided by
28	28	Section 37.007;
29	29	(4) specify that consideration will be given, as a
30	30	factor in each decision concerning suspension, removal to a
31	31	disciplinary alternative education program, expulsion, or
32	32	placement in a juvenile justice alternative education program,
33	33	regardless of whether the decision concerns a mandatory or
34	34	discretionary action, to:
35	35	(A) self-defense;
36	36	(B) intent or lack of intent at the time the
37	37	student engaged in the conduct;
38	38	(C) a student's disciplinary history; or
39	39	(D) a disability that substantially impairs the
40	40	student's capacity to appreciate the wrongfulness of the student's
41	41	conduct;
42	42	(5) provide guidelines for setting the length of a
43	43	term of:
44	44	(A) a removal under Section 37.006; and
45	45	(B) an expulsion under Section 37.007;
46	46	(6) address the notification of a student's parent or
47	47	guardian of a violation of the student code of conduct committed by
48	48	the student that results in suspension, removal to a disciplinary
49	49	alternative education program, or expulsion;
50	50	(7) prohibit bullying, harassment, and making hit
51	51	lists and ensure that district employees enforce those
52	52	prohibitions; [and]
53	53	(8) provide, as appropriate for students at each grade
54	54	level, methods, including options, for:
55	55	(A) managing students in the classroom, on school
56	56	grounds, and on a vehicle owned or operated by the district;
57	57	(B) disciplining students; and
58	58	(C) preventing and intervening in student
59	59	discipline problems, including bullying, harassment, and making
60	60	hit lists[.]; and
61	61	(9) provide for the notification of parents of
62	62	students with autism or another pervasive developmental disorder
63	63	before beginning the disciplinary process contained in this
64	64	Subchapter.
65	65	(b) In this section:
66	66	(1) "Bullying" has the meaning assigned by Section
67	67	37.0832.
68	68	(2) "Harassment" means threatening to cause harm or
69	69	bodily injury to another student, engaging in sexually intimidating
70	70	conduct, causing physical damage to the property of another
71	71	student, subjecting another student to physical confinement or
72	72	restraint, or maliciously taking any action that substantially
73	73	harms another student's physical or emotional health or safety.
74	74	(3) "Hit list" means a list of people targeted to be
75	75	harmed, using:
76	76	(A) a firearm, as defined by Section 46.01(3),
77	77	Penal Code;
78	78	(B) a knife, as defined by Section 46.01(7),
79	79	Penal Code; or
80	80	(C) any other object to be used with intent to
81	81	cause bodily harm.
82	82	(b-1) The methods adopted under Subsection (a)(8) must
83	83	provide that a student who is enrolled in a special education
84	84	program under Subchapter A, Chapter 29, may not be disciplined for
85	85	conduct prohibited in accordance with Subsection (a)(7) until an
86	86	admission, review, and dismissal committee meeting has been held to
87	87	review the conduct.
88	88	(c) Once the student code of conduct is promulgated, any
89	89	change or amendment must be approved by the board of trustees.
90	90	(d) Each school year, a school district shall provide
91	91	parents notice of and information regarding the student code of
92	92	conduct.
93	93	(e) Except as provided by Section 37.007(e), this
94	94	subchapter does not require the student code of conduct to specify a
95	95	minimum term of a removal under Section 37.006 or an expulsion under
96	96	Section 37.007.
97	97	SECTION 2. This Act takes effect September 1, 2017.