84R1861 MK-D
	By: Whitmire	S.B. No. 107

	A BILL TO BE ENTITLED
	AN ACT
	relating to the removal, discipline, or transfer of a public school
	student.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 25.0341(b), Education Code, is amended
	to read as follows:
	(b)  On the request of a parent or other person with
	authority to act on behalf of a student who is a victim to whom
	Subsection (a)(2) applies:
	(1)  the board of trustees of the school district shall
	transfer the student to:
	(A)  a district campus other than:
	(i)  the campus to which the student was
	assigned at the time the conduct occurred; or
	(ii)  the campus to which the student who
	engaged in the conduct is assigned, if the student who engaged in
	the conduct has been assigned to a different campus since the
	conduct occurred; or
	(B)  a neighboring school district, if there is
	only one campus in the district serving the grade level in which the
	student is enrolled; or
	(2)  if the student does not wish to transfer to another
	campus or district, the board of trustees may [shall] transfer the
	student who engaged in the conduct to:
	(A)  a district campus other than the campus to
	which the student who is the victim of the conduct is assigned; or
	(B)  the district's disciplinary alternative
	education program or juvenile justice alternative education
	program, if there is only one campus in the district serving the
	grade level in which the student who engaged in the conduct is
	enrolled.
	SECTION 2.  Section 37.002(d), Education Code, is amended to
	read as follows:
	(d)  A teacher may [shall] remove from class and send to the
	principal for placement in a disciplinary alternative education
	program or for expulsion, as appropriate, a student who engages in
	conduct described under Section 37.006 or 37.007. If the student
	has been removed from class, the [The] student may not be returned
	to that teacher's class without the teacher's consent unless the
	committee established under Section 37.003 determines that such
	placement is the best or only alternative available. If the teacher
	removed the student from class because the student has engaged in
	the elements of any offense listed in Section 37.006(a)(2)(B) or
	Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the
	student may not be returned to the teacher's class without the
	teacher's consent. The teacher may not be coerced to consent.
	SECTION 3.  Section 37.0051(a), Education Code, is amended
	to read as follows:
	(a)  As provided by Section 25.0341(b)(2), a student may
	[shall] be removed from class and placed in a disciplinary
	alternative education program under Section 37.008 or a juvenile
	justice alternative education program under Section 37.011.
	SECTION 4.  Sections 37.006(a), (b), (c), and (f), Education
	Code, are amended to read as follows:
	(a)  A student may [shall] be removed from class and placed
	in a disciplinary alternative education program as provided by
	Section 37.008 if the student:
	(1)  engages in conduct involving a public school that
	contains the elements of the offense of false alarm or report under
	Section 42.06, Penal Code, or terroristic threat under Section
	22.07, Penal Code; or
	(2)  commits the following on or within 300 feet of
	school property, as measured from any point on the school's real
	property boundary line, or while attending a school-sponsored or
	school-related activity on or off of school property:
	(A)  engages in conduct punishable as a felony;
	(B)  engages in conduct that contains the elements
	of the offense of assault under Section 22.01(a)(1), Penal Code;
	(C)  sells, gives, or delivers to another person
	or possesses or uses or is under the influence of:
	(i)  marihuana or a controlled substance, as
	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.; or
	(ii)  a dangerous drug, as defined by
	Chapter 483, Health and Safety Code;
	(D)  sells, gives, or delivers to another person
	an alcoholic beverage, as defined by Section 1.04, Alcoholic
	Beverage Code, commits a serious act or offense while under the
	influence of alcohol, or possesses, uses, or is under the influence
	of an alcoholic beverage;
	(E)  engages in conduct that contains the elements
	of an offense relating to an abusable volatile chemical under
	Sections 485.031 through 485.034, Health and Safety Code; or
	(F)  engages in conduct that contains the elements
	of the offense of public lewdness under Section 21.07, Penal Code,
	or indecent exposure under Section 21.08, Penal Code.
	(b)  A [Except as provided by Section 37.007(d), a] student
	may [shall] be removed from class and placed in a disciplinary
	alternative education program under Section 37.008 if the student
	engages in conduct on or off of school property that contains the
	elements of the offense of retaliation under Section 36.06, Penal
	Code, against any school employee.
	(c)  In addition to Subsections (a) and (b), a student may
	[shall] be removed from class and placed in a disciplinary
	alternative education program under Section 37.008 based on conduct
	occurring off campus and while the student is not in attendance at a
	school-sponsored or school-related activity if:
	(1)  the student receives deferred prosecution under
	Section 53.03, Family Code, for conduct defined as:
	(A)  a felony offense in Title 5, Penal Code; or
	(B)  the felony offense of aggravated robbery
	under Section 29.03, Penal Code;
	(2)  a court or jury finds that the student has engaged
	in delinquent conduct under Section 54.03, Family Code, for conduct
	defined as:
	(A)  a felony offense in Title 5, Penal Code; or
	(B)  the felony offense of aggravated robbery
	under Section 29.03, Penal Code; or
	(3)  the superintendent or the superintendent's
	designee has a reasonable belief that the student has engaged in a
	conduct defined as:
	(A)  a felony offense in Title 5, Penal Code; or
	(B)  the felony offense of aggravated robbery
	under Section 29.03, Penal Code.
	(f)  Subject to Section 37.007(e), a student who is younger
	than 10 years of age may [shall] be removed from class and placed in
	a disciplinary alternative education program under Section 37.008
	if the student engages in conduct described by Section 37.007. An
	elementary school student may not be placed in a disciplinary
	alternative education program with any other student who is not an
	elementary school student.
	SECTION 5.  Sections 37.007(a) and (d), Education Code, are
	amended to read as follows:
	(a)  Except as provided by Subsection (k), a student may
	[shall] be expelled from a school if the student, on school property
	or while attending a school-sponsored or school-related activity on
	or off of school property:
	(1)  uses, exhibits, or possesses:
	(A)  [a firearm as defined by Section 46.01(3),
	Penal Code;
	[(B)]  an illegal knife as defined by Section
	46.01(6), Penal Code, or by local policy;
	(B) [(C)]  a club as defined by Section 46.01(1),
	Penal Code; or
	(C) [(D)]  a weapon listed as a prohibited weapon
	under Section 46.05, Penal Code;
	(2)  engages in conduct that contains the elements of
	the offense of:
	(A)  aggravated assault under Section 22.02,
	Penal Code, sexual assault under Section 22.011, Penal Code, or
	aggravated sexual assault under Section 22.021, Penal Code;
	(B)  arson under Section 28.02, Penal Code;
	(C)  murder under Section 19.02, Penal Code,
	capital murder under Section 19.03, Penal Code, or criminal
	attempt, under Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code;
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	(d)  A student may [shall] be expelled if the student engages
	in conduct that contains the elements of any offense listed in
	Subsection (a), or [and may be expelled] if the student engages in
	conduct that contains the elements of any offense listed in
	Subsection (b)(2)(C), against any employee or volunteer in
	retaliation for or as a result of the person's employment or
	association with a school district, without regard to whether the
	conduct occurs on or off of school property or while attending a
	school-sponsored or school-related activity on or off of school
	property.
	SECTION 6.  Sections 37.009(a) and (f), Education Code, are
	amended to read as follows:
	(a)  Not later than the third class day after the day on which
	a student is removed from class by the teacher under Section
	37.002(b) or (d) or is removed or disciplined by the school
	principal or other appropriate administrator under Section
	37.001(a)(2), 37.005, 37.0051, [or] 37.006, or 37.0081, the
	principal or other appropriate administrator shall schedule a
	conference among the principal or other appropriate administrator,
	a parent or guardian of the student, the teacher removing the
	student from class, if any, and the student. At the conference, the
	student is entitled to written or oral notice of the reasons for the
	removal or discipline, an explanation of the basis for the removal
	or discipline, and an opportunity to respond to the reasons for the
	removal or discipline. If removed from class, the [The] student may
	not be returned to the regular classroom pending the conference.
	Following the conference, and whether or not each requested person
	is in attendance after valid attempts to require the person's
	attendance, the principal shall order the placement of the student
	for a period consistent with the student code of conduct. If school
	district policy allows a student to appeal to the board of trustees
	or the board's designee a decision of the principal or other
	appropriate administrator, other than an expulsion under Section
	37.007, the decision of the board or the board's designee is final
	and may not be appealed. If the period of the placement is
	inconsistent with the guidelines included in the student code of
	conduct under Section 37.001(a)(5), the order must give notice of
	the inconsistency. The period of the placement may not exceed one
	year unless, after a review, the district determines that:
	(1)  the student is a threat to the safety of other
	students or to district employees; or
	(2)  extended placement is in the best interest of the
	student.
	(f)  Before a student may be expelled under Section 37.007 or
	Section 37.0081, the board or the board's designee must provide the
	student a hearing at which the student is afforded appropriate due
	process as required by the federal constitution and which the
	student's parent or guardian is invited, in writing, to attend. At
	the hearing, the student is entitled to be represented by the
	student's parent or guardian or another adult who can provide
	guidance to the student and who is not an employee of the school
	district. If the school district makes a good-faith effort to
	inform the student and the student's parent or guardian of the time
	and place of the hearing, the district may hold the hearing
	regardless of whether the student, the student's parent or
	guardian, or another adult representing the student attends. If
	the decision to expel a student is made by the board's designee, the
	decision may be appealed to the board. The decision of the board
	may be appealed by trial de novo to a district court of the county in
	which the school district's central administrative office is
	located.
	SECTION 7.  Section 37.011(b), Education Code, is amended to
	read as follows:
	(b)  If a student admitted into the public schools of a
	school district under Section 25.001(b) is expelled from school for
	conduct [for which expulsion is required] under Section 37.007(a),
	(d), or (e), the juvenile court, the juvenile board, or the juvenile
	board's designee, as appropriate, shall:
	(1)  if the student is placed on probation under
	Section 54.04, Family Code, order the student to attend the
	juvenile justice alternative education program in the county in
	which the student resides from the date of disposition as a
	condition of probation, unless the child is placed in a
	post-adjudication treatment facility;
	(2)  if the student is placed on deferred prosecution
	under Section 53.03, Family Code, by the court, prosecutor, or
	probation department, require the student to immediately attend the
	juvenile justice alternative education program in the county in
	which the student resides for a period not to exceed six months as a
	condition of the deferred prosecution;
	(3)  in determining the conditions of the deferred
	prosecution or court-ordered probation, consider the length of the
	school district's expulsion order for the student; and
	(4)  provide timely educational services to the student
	in the juvenile justice alternative education program in the county
	in which the student resides, regardless of the student's age or
	whether the juvenile court has jurisdiction over the student.
	SECTION 8.  Section 37.303, Education Code, is amended to
	read as follows:
	Sec. 37.303.  REMOVAL OF REGISTERED SEX OFFENDER FROM
	REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A,
	on receiving notice under Article 15.27, Code of Criminal
	Procedure, or Chapter 62, Code of Criminal Procedure, that a
	student is required to register as a sex offender under that
	chapter, a school district may [shall] remove the student from the
	regular classroom and determine the appropriate placement of the
	student in the manner provided by this subchapter.
	SECTION 9.  Section 37.304(a), Education Code, is amended to
	read as follows:
	(a)  A school district may [shall] place a student to whom
	this subchapter applies and who is under any form of court
	supervision, including probation, community supervision, or
	parole, in the appropriate alternative education program as
	provided by Section 37.309 for at least one semester.
	SECTION 10.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 11.  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, 2015.