| 1 | 1 | | 86R10395 JES-F |
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| 2 | 2 | | By: Hinojosa H.B. No. 2510 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the suspension and expulsion of a student attending an |
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| 8 | 8 | | open-enrollment charter school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.131, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY |
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| 13 | 13 | | ALTERNATIVE EDUCATION PROGRAM; SUSPENSION OR EXPULSION OF |
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| 14 | 14 | | STUDENTS. (a) The governing body of an open-enrollment charter |
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| 15 | 15 | | school shall adopt a code of conduct for its district or for each |
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| 16 | 16 | | campus and post the code of conduct on the school's Internet |
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| 17 | 17 | | website. In addition to establishing standards for behavior, the |
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| 18 | 18 | | code of conduct shall outline generally the types of prohibited |
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| 19 | 19 | | behaviors and their possible consequences. The code of conduct |
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| 20 | 20 | | shall also outline the school's due process procedures with respect |
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| 21 | 21 | | to suspension and expulsion. The school's policies and procedures |
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| 22 | 22 | | for suspension and expulsion must comply with any procedures or |
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| 23 | 23 | | requirements in Subchapter A, Chapter 37, relating to a student's |
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| 24 | 24 | | suspension or expulsion, including procedures relating to students |
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| 25 | 25 | | enrolled in a special education program under Subchapter A, Chapter |
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| 26 | 26 | | 29. Notwithstanding any other provision of law, a final decision of |
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| 27 | 27 | | the governing body of an open-enrollment charter school with |
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| 28 | 28 | | respect to actions taken under the code of conduct may not be |
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| 29 | 29 | | appealed. |
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| 30 | 30 | | (b) An open-enrollment charter school may: |
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| 31 | 31 | | (1) only suspend a student for a reason and in the |
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| 32 | 32 | | manner identified in the school's code of conduct; and |
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| 33 | 33 | | (2) only [not elect to] expel a student for a reason |
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| 34 | 34 | | that is [not] authorized by Section 37.0052 or 37.007 and in the |
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| 35 | 35 | | manner identified in the school's code of conduct [or specified in |
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| 36 | 36 | | the school's code of conduct as conduct that may result in |
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| 37 | 37 | | expulsion]. |
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| 38 | 38 | | (c) Except as provided by this section and notwithstanding |
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| 39 | 39 | | [Notwithstanding] any other provision, Section 37.002 and its |
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| 40 | 40 | | provisions, wherever referenced, are not applicable to an |
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| 41 | 41 | | open-enrollment charter school unless the governing body of the |
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| 42 | 42 | | school so determines. |
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| 43 | 43 | | (d) A suspension under this section may not exceed three |
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| 44 | 44 | | school days. |
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| 45 | 45 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 46 | 46 | | school year. |
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| 47 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2019. |
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