| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to determining appropriate disciplinary action to be taken |
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| 12 | 8 | | against a public school student who is in foster care or who is |
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| 13 | 9 | | homeless. |
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| 14 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 11 | | SECTION 1. Section 37.001(a), Education Code, is amended to |
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| 16 | 12 | | read as follows: |
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| 17 | 13 | | (a) The board of trustees of an independent school district |
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| 18 | 14 | | shall, with the advice of its district-level committee established |
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| 19 | 15 | | under Subchapter F, Chapter 11, adopt a student code of conduct for |
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| 20 | 16 | | the district. The student code of conduct must be posted and |
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| 21 | 17 | | prominently displayed at each school campus or made available for |
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| 22 | 18 | | review at the office of the campus principal. In addition to |
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| 23 | 19 | | establishing standards for student conduct, the student code of |
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| 24 | 20 | | conduct must: |
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| 25 | 21 | | (1) specify the circumstances, in accordance with this |
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| 26 | 22 | | subchapter, under which a student may be removed from a classroom, |
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| 27 | 23 | | campus, disciplinary alternative education program, or vehicle |
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| 28 | 24 | | owned or operated by the district; |
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| 29 | 25 | | (2) specify conditions that authorize or require a |
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| 30 | 26 | | principal or other appropriate administrator to transfer a student |
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| 31 | 27 | | to a disciplinary alternative education program; |
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| 32 | 28 | | (3) outline conditions under which a student may be |
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| 33 | 29 | | suspended as provided by Section 37.005 or expelled as provided by |
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| 34 | 30 | | Section 37.007; |
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| 35 | 31 | | (4) specify that consideration will be given, as a |
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| 36 | 32 | | factor in each decision concerning suspension, removal to a |
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| 37 | 33 | | disciplinary alternative education program, expulsion, or |
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| 38 | 34 | | placement in a juvenile justice alternative education program, |
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| 39 | 35 | | regardless of whether the decision concerns a mandatory or |
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| 40 | 36 | | discretionary action, to: |
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| 41 | 37 | | (A) self-defense; |
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| 42 | 38 | | (B) intent or lack of intent at the time the |
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| 43 | 39 | | student engaged in the conduct; |
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| 44 | 40 | | (C) a student's disciplinary history; [or] |
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| 45 | 41 | | (D) a disability that substantially impairs the |
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| 46 | 42 | | student's capacity to appreciate the wrongfulness of the student's |
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| 47 | 43 | | conduct; |
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| 48 | 44 | | (E) a student's status in the conservatorship of |
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| 49 | 45 | | the Department of Family and Protective Services; or |
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| 50 | 46 | | (F) a student's status as a student who is |
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| 51 | 47 | | homeless; |
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| 52 | 48 | | (5) provide guidelines for setting the length of a |
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| 53 | 49 | | term of: |
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| 54 | 50 | | (A) a removal under Section 37.006; and |
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| 55 | 51 | | (B) an expulsion under Section 37.007; |
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| 56 | 52 | | (6) address the notification of a student's parent or |
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| 57 | 53 | | guardian of a violation of the student code of conduct committed by |
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| 58 | 54 | | the student that results in suspension, removal to a disciplinary |
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| 59 | 55 | | alternative education program, or expulsion; |
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| 60 | 56 | | (7) prohibit bullying, harassment, and making hit |
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| 61 | 57 | | lists and ensure that district employees enforce those |
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| 62 | 58 | | prohibitions; |
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| 63 | 59 | | (8) provide, as appropriate for students at each grade |
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| 64 | 60 | | level, methods, including options, for: |
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| 65 | 61 | | (A) managing students in the classroom, on school |
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| 66 | 62 | | grounds, and on a vehicle owned or operated by the district; |
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| 67 | 63 | | (B) disciplining students; and |
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| 68 | 64 | | (C) preventing and intervening in student |
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| 69 | 65 | | discipline problems, including bullying, harassment, and making |
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| 70 | 66 | | hit lists; and |
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| 71 | 67 | | (9) include an explanation of the provisions regarding |
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| 72 | 68 | | refusal of entry to or ejection from district property under |
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| 73 | 69 | | Section 37.105, including the appeal process established under |
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| 74 | 70 | | Section 37.105(h). |
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| 75 | 71 | | SECTION 2. Section 37.001(b), Education Code, is amended by |
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| 76 | 72 | | adding Subdivision (4) to read as follows: |
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| 77 | 73 | | (4) "Student who is homeless" has the meaning assigned |
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| 78 | 74 | | to the term "homeless children and youths" under 42 U.S.C. Section |
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| 79 | 75 | | 11434a. |
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| 80 | 76 | | SECTION 3. This Act applies beginning with the 2019-2020 |
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| 81 | 77 | | school year. |
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| 82 | 78 | | SECTION 4. This Act takes effect immediately if it receives |
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| 83 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 84 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 85 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 86 | 82 | | Act takes effect September 1, 2019. |
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