Texas 2019 - 86th Regular

Texas House Bill HB811 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 811
	1	+	By: White, Wu (Senate Sponsor - West) H.B. No. 811
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on
	4	+	Administration; May 3, 2019, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 3, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to determining appropriate disciplinary action to be taken
6	12		against a public school student who is in foster care or who is
7	13		homeless.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 37.001(a), Education Code, is amended to
10	16		read as follows:
11	17		(a) The board of trustees of an independent school district
12	18		shall, with the advice of its district-level committee established
13	19		under Subchapter F, Chapter 11, adopt a student code of conduct for
14	20		the district. The student code of conduct must be posted and
15	21		prominently displayed at each school campus or made available for
16	22		review at the office of the campus principal. In addition to
17	23		establishing standards for student conduct, the student code of
18	24		conduct must:
19	25		(1) specify the circumstances, in accordance with this
20	26		subchapter, under which a student may be removed from a classroom,
21	27		campus, disciplinary alternative education program, or vehicle
22	28		owned or operated by the district;
23	29		(2) specify conditions that authorize or require a
24	30		principal or other appropriate administrator to transfer a student
25	31		to a disciplinary alternative education program;
26	32		(3) outline conditions under which a student may be
27	33		suspended as provided by Section 37.005 or expelled as provided by
28	34		Section 37.007;
29	35		(4) specify that consideration will be given, as a
30	36		factor in each decision concerning suspension, removal to a
31	37		disciplinary alternative education program, expulsion, or
32	38		placement in a juvenile justice alternative education program,
33	39		regardless of whether the decision concerns a mandatory or
34	40		discretionary action, to:
35	41		(A) self-defense;
36	42		(B) intent or lack of intent at the time the
37	43		student engaged in the conduct;
38	44		(C) a student's disciplinary history; [or]
39	45		(D) a disability that substantially impairs the
40	46		student's capacity to appreciate the wrongfulness of the student's
41	47		conduct;
42	48		(E) a student's status in the conservatorship of
43	49		the Department of Family and Protective Services; or
44	50		(F) a student's status as a student who is
45	51		homeless;
46	52		(5) provide guidelines for setting the length of a
47	53		term of:
48	54		(A) a removal under Section 37.006; and
49	55		(B) an expulsion under Section 37.007;
50	56		(6) address the notification of a student's parent or
51	57		guardian of a violation of the student code of conduct committed by
52	58		the student that results in suspension, removal to a disciplinary
53	59		alternative education program, or expulsion;
54	60		(7) prohibit bullying, harassment, and making hit
55	61		lists and ensure that district employees enforce those
56	62		prohibitions;
57	63		(8) provide, as appropriate for students at each grade
58	64		level, methods, including options, for:
59	65		(A) managing students in the classroom, on school
60	66		grounds, and on a vehicle owned or operated by the district;
61	67		(B) disciplining students; and
62	68		(C) preventing and intervening in student
63	69		discipline problems, including bullying, harassment, and making
64	70		hit lists; and
65	71		(9) include an explanation of the provisions regarding
66	72		refusal of entry to or ejection from district property under
67	73		Section 37.105, including the appeal process established under
68	74		Section 37.105(h).
69	75		SECTION 2. Section 37.001(b), Education Code, is amended by
70	76		adding Subdivision (4) to read as follows:
71	77		(4) "Student who is homeless" has the meaning assigned
72	78		to the term "homeless children and youths" under 42 U.S.C. Section
73	79		11434a.
74	80		SECTION 3. This Act applies beginning with the 2019-2020
75	81		school year.
76	82		SECTION 4. This Act takes effect immediately if it receives
77	83		a vote of two-thirds of all the members elected to each house, as
78	84		provided by Section 39, Article III, Texas Constitution. If this
79	85		Act does not receive the vote necessary for immediate effect, this
80	86		Act takes effect September 1, 2019.
81		-	______________________________ ______________________________
82		-	President of the Senate Speaker of the House
83		-	I certify that H.B. No. 811 was passed by the House on April
84		-	9, 2019, by the following vote: Yeas 145, Nays 2, 1 present, not
85		-	voting.
86		-	______________________________
87		-	Chief Clerk of the House
88		-	I certify that H.B. No. 811 was passed by the Senate on May
89		-	10, 2019, by the following vote: Yeas 31, Nays 0.
90		-	______________________________
91		-	Secretary of the Senate
92		-	APPROVED: _____________________
93		-	Date
94		-	_____________________
95		-	Governor
	87	+	* * * * *