86R23925 MP-D
By: Talarico, VanDeaver, Meyer, Dutton H.B. No. 3013
Substitute the following for H.B. No. 3013:
By: Allen C.S.H.B. No. 3013
A BILL TO BE ENTITLED
AN ACT
relating to the suspension or expulsion of a student by an
open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 12.131, Education Code,
is amended to read as follows:
Sec. 12.131. STUDENT DISCIPLINE [REMOVAL OF STUDENTS TO
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF
STUDENTS].
SECTION 2. Section 12.131, Education Code, is amended by
amending Subsection (b) and adding Subsections (b-1), (d), (e), and
(f) to read as follows:
(b) An open-enrollment charter school may:
(1) only suspend a student for a reason identified in
the school's code of conduct; and
(2) only [not elect to] expel a student for a reason
for which expulsion [that] is [not] authorized under Subchapter A,
Chapter 37, [by Section 37.007] or [specified in] the school's code
of conduct [as conduct that may result in expulsion].
(b-1) An open-enrollment charter school's code of conduct
may not authorize expulsion based on:
(1) a student's attendance or academic ability or
performance; or
(2) acts or omissions of a student's parent or legal
guardian.
(d) A suspension under this section may not exceed three
school days.
(e) Except as required under Section 37.007(e), a student
who is younger than 10 years of age may not be expelled for a period
of more than one school year.
(f) An employee of an open-enrollment charter school may not
suggest a student withdraw from the school in lieu of being
disciplined as provided by the school's code of conduct.
SECTION 3. This Act applies beginning with the 2019-2020
school year.
SECTION 4. 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.