86R10395 JES-F
By: Hinojosa H.B. No. 2510
A BILL TO BE ENTITLED
AN ACT
relating to the suspension and expulsion of a student attending an
open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.131, Education Code, is amended to
read as follows:
Sec. 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY
ALTERNATIVE EDUCATION PROGRAM; SUSPENSION OR EXPULSION OF
STUDENTS. (a) The governing body of an open-enrollment charter
school shall adopt a code of conduct for its district or for each
campus and post the code of conduct on the school's Internet
website. In addition to establishing standards for behavior, the
code of conduct shall outline generally the types of prohibited
behaviors and their possible consequences. The code of conduct
shall also outline the school's due process procedures with respect
to suspension and expulsion. The school's policies and procedures
for suspension and expulsion must comply with any procedures or
requirements in Subchapter A, Chapter 37, relating to a student's
suspension or expulsion, including procedures relating to students
enrolled in a special education program under Subchapter A, Chapter
29. 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.
(b) An open-enrollment charter school may:
(1) only suspend a student for a reason and in the
manner identified in the school's code of conduct; and
(2) only [not elect to] expel a student for a reason
that is [not] authorized by Section 37.0052 or 37.007 and in the
manner identified in the school's code of conduct [or specified in
the school's code of conduct as conduct that may result in
expulsion].
(c) Except as provided by this section and notwithstanding
[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) A suspension under this section may not exceed three
school days.
SECTION 2. This Act applies beginning with the 2019-2020
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.