Texas 2017 - 85th Regular

Texas House Bill HB4161 Compare Versions

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

Old	New	Differences
1	1	By: Hinojosa H.B. No. 4161
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the discipline and behavior management of a student
7	7	enrolled in an open-enrollment charter school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.131, Texas Education Code, is amended
10	10	to read as follows:
11	11	(a) The governing body of an open-enrollment charter school
12	12	shall, with the advice of a committee composed of parents whose
13	13	children attend schools within the charter network, adopt a code of
14	14	conduct for its charter district or for each charter school campus.
15	15	The code of conduct must be posted and prominently displayed at each
16	16	school campus or made available for review at the office of the
17	17	campus principal. In addition to establishing standards for
18	18	behavior, the code of conduct shall outline must:
19	19	generally
20	20	(1) specify the types of prohibited behaviors and
21	21	their possible consequences.; The code of conduct shall also
22	22	outline the school's
23	23	(2) outline conditions under which a student may be
24	24	suspended or expelled as provided by Section 37.007;
25	25	(3) specify due process procedures with respect to
26	26	expulsion, as required under Section 37.009(f). Notwithstanding
27	27	any other provision of law, a final decision of the governing body
28	28	of an open-enrollment charter school with respect to actions taken
29	29	under the code of conduct may not be appealed.
30	30	(4) specify that consideration will be given, as a
31	31	factor in each decision concerning suspension, removal to a
32	32	disciplinary alternative education program, or expulsion,
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 suspension and
45	45	(B) an expulsion under Section 37.007;
46	46	(6) specify the process for the notification of a
47	47	student's parent or guardian of a violation of the code of conduct
48	48	committed by the student that results in suspension, removal to a
49	49	disciplinary alternative education program, or expulsion;
50	50	(b) An open-enrollment charter school may not elect to expel
51	51	a student only for a reason that is not authorized by Section 37.007
52	52	or specified in the school's code of conduct as conduct that may
53	53	result in expulsion.
54	54	(c) Notwithstanding any other provision, Section 37.002 and
55	55	its provisions, wherever referenced, are not applicable to an
56	56	open-enrollment charter school unless the governing body of the
57	57	school so determines.
58	58	(d) Once the code of conduct is promulgated, any change or
59	59	amendment must be approved by the governing body, with the advice of
60	60	the parent committee.
61	61	(e) Each school year, a governing body of an open-enrollment
62	62	charter school shall provide parents notice of and information
63	63	regarding the code of conduct.