By: Hinojosa H.B. No. 4161
A BILL TO BE ENTITLED
AN ACT
relating to the discipline and behavior management of a student
enrolled in an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.131, Texas Education Code, is amended
to read as follows:
(a) The governing body of an open-enrollment charter school
shall, with the advice of a committee composed of parents whose
children attend schools within the charter network, adopt a code of
conduct for its charter district or for each charter school campus.
The 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
behavior, the code of conduct shall outline must:
generally
(1) specify the types of prohibited behaviors and
their possible consequences.; The code of conduct shall also
outline the school's
(2) outline conditions under which a student may be
suspended or expelled as provided by Section 37.007;
(3) specify due process procedures with respect to
expulsion, as required under Section 37.009(f). Notwithstanding
any other provision of law, a final decision of the governing body
of an open-enrollment charter school with respect to actions taken
under the code of conduct may not be appealed.
(4) specify that consideration will be given, as a
factor in each decision concerning suspension, removal to a
disciplinary alternative education program, or expulsion,
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 suspension and
(B) an expulsion under Section 37.007;
(6) specify the process for the notification of a
student's parent or guardian of a violation of the code of conduct
committed by the student that results in suspension, removal to a
disciplinary alternative education program, or expulsion;
(b) An open-enrollment charter school may not elect to expel
a student only for a reason that is not authorized by Section 37.007
or specified in the school's code of conduct as conduct that may
result in expulsion.
(c) Notwithstanding any other provision, Section 37.002 and
its provisions, wherever referenced, are not applicable to an
open-enrollment charter school unless the governing body of the
school so determines.
(d) Once the code of conduct is promulgated, any change or
amendment must be approved by the governing body, with the advice of
the parent committee.
(e) Each school year, a governing body of an open-enrollment
charter school shall provide parents notice of and information
regarding the code of conduct.