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A BILL TO BE ENTITLED
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AN ACT
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relating to the discipline and behavior management of a student |
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enrolled in an open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.131, Texas Education Code, is amended |
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to read as follows: |
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(a) The governing body of an open-enrollment charter school |
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shall, with the advice of a committee composed of parents whose |
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children attend schools within the charter network, adopt a code of |
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conduct for its charter district or for each charter school campus. |
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The code of conduct must be posted and prominently displayed at each |
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school campus or made available for review at the office of the |
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campus principal. In addition to establishing standards for |
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behavior, the code of conduct shall outline must: |
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generally
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(1) specify the types of prohibited behaviors and |
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their possible consequences.; The code of conduct shall also
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outline the school's
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(2) outline conditions under which a student may be |
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suspended or expelled as provided by Section 37.007; |
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(3) specify due process procedures with respect to |
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expulsion, as required under Section 37.009(f). Notwithstanding
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any other provision of law, a final decision of the governing body
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of an open-enrollment charter school with respect to actions taken
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under the code of conduct may not be appealed.
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(4) specify that consideration will be given, as a |
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factor in each decision concerning suspension, removal to a |
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disciplinary alternative education program, or expulsion, |
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regardless of whether the decision concerns a mandatory or |
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discretionary action, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) provide guidelines for setting the length of a |
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term of: |
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(A) a suspension and |
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(B) an expulsion under Section 37.007; |
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(6) specify the process for the notification of a |
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student's parent or guardian of a violation of the code of conduct |
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committed by the student that results in suspension, removal to a |
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disciplinary alternative education program, or expulsion; |
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(b) An open-enrollment charter school may not elect to expel |
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a student only for a reason that is not authorized by Section 37.007 |
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or specified in the school's code of conduct as conduct that may
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result in expulsion. |
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(c) Notwithstanding any other provision, Section 37.002 and |
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its provisions, wherever referenced, are not applicable to an |
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open-enrollment charter school unless the governing body of the |
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school so determines. |
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(d) Once the code of conduct is promulgated, any change or |
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amendment must be approved by the governing body, with the advice of |
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the parent committee. |
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(e) Each school year, a governing body of an open-enrollment |
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charter school shall provide parents notice of and information |
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regarding the code of conduct. |