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A BILL TO BE ENTITLED
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AN ACT
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relating to acceptable conduct of students in kindergarten through |
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grade five. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0071 to read as follows: |
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Sec. 37.0071. ACCEPTABLE CONDUCT OF CERTAIN STUDENTS. (a) |
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A school district may not punish a student in kindergarten through |
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grade five for: |
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(1) brandishing a partially consumed pastry or other |
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food item to simulate a firearm or weapon; |
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(2) possessing a toy firearm or weapon that is two |
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inches or less in overall length; |
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(3) possessing a toy firearm or weapon made of plastic |
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snap-together building blocks; |
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(4) using a finger or hand to represent a firearm or |
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weapon; |
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(5) vocalizing an imaginary firearm or weapon; |
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(6) drawing a picture or possessing an image of a |
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firearm or weapon; or |
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(7) pretending a crayon, pencil, pen, or other writing |
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or drawing instrument is a firearm or weapon. |
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(b) Notwithstanding Subsection (a), a student may be |
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subject to disciplinary action for simulating a firearm or weapon |
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if the student disrupts learning, causes bodily harm to another |
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person, or places another person in reasonable fear of bodily harm. |
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(c) Disciplinary action under Subsection (b) must be |
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proportionate to the severity of the behavior and consistent with |
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school district policies for similar behavior. If a student is |
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disciplined under Subsection (b), the school principal must notify |
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the student's parent or guardian of the student's behavior and the |
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discipline imposed. |
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SECTION 2. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |