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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to discipline of public school students by school bus  | 
      
      
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        drivers. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subsection (a), Section 37.001, Education Code,  | 
      
      
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        is amended to read as follows: | 
      
      
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               (a)  The board of trustees of an independent school district  | 
      
      
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        shall, with the advice of its district-level committee established  | 
      
      
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        under Subchapter F, Chapter 11, adopt a student code of conduct for  | 
      
      
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        the district.  The student code of conduct must be posted and  | 
      
      
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        prominently displayed at each school campus or made available for  | 
      
      
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        review at the office of the campus principal.  In addition to  | 
      
      
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        establishing standards for student conduct, the student code of  | 
      
      
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        conduct must: | 
      
      
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                     (1)  specify the circumstances, in accordance with this  | 
      
      
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        subchapter, under which a student may be removed from a classroom,  | 
      
      
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        campus, [or] disciplinary alternative education program, or school  | 
      
      
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        bus; | 
      
      
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                     (2)  specify conditions that authorize or require a  | 
      
      
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        principal or other appropriate administrator to transfer a student  | 
      
      
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        to a disciplinary alternative education program; | 
      
      
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                     (3)  outline conditions under which a student may be  | 
      
      
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        suspended as provided by Section 37.005 or expelled as provided by  | 
      
      
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        Section 37.007; | 
      
      
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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, expulsion, or  | 
      
      
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        placement in a juvenile justice alternative education program,  | 
      
      
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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 removal under Section 37.006; and | 
      
      
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                           (B)  an expulsion under Section 37.007; | 
      
      
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                     (6)  address the notification of a student's parent or  | 
      
      
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        guardian of a violation of the student code of conduct committed by  | 
      
      
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        the student that results in suspension, removal to a disciplinary  | 
      
      
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        alternative education program, or expulsion; | 
      
      
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                     (7)  prohibit bullying, harassment, and making hit  | 
      
      
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        lists and ensure that district employees enforce those  | 
      
      
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        prohibitions; and | 
      
      
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                     (8)  provide, as appropriate for students at each grade  | 
      
      
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        level, methods, including options, for: | 
      
      
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                           (A)  managing students in the classroom and on  | 
      
      
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        school grounds; | 
      
      
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                           (B)  disciplining students; and | 
      
      
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                           (C)  preventing and intervening in student  | 
      
      
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        discipline problems, including bullying, harassment, and making  | 
      
      
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        hit lists. | 
      
      
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               SECTION 2.  Subchapter A, Chapter 37, Education Code, is  | 
      
      
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        amended by adding Section 37.0022 to read as follows: | 
      
      
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               Sec. 37.0022.  REMOVAL BY SCHOOL BUS DRIVER.  (a)  The  | 
      
      
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        driver of a school bus transporting students to or from school or a  | 
      
      
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        school-sponsored or school-related activity may send a student to  | 
      
      
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        the principal's office to maintain effective discipline on the  | 
      
      
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        school bus.  The principal shall respond by employing appropriate  | 
      
      
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        discipline management techniques consistent with the student code  | 
      
      
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        of conduct adopted under Section 37.001. | 
      
      
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               (b)  The driver of a school bus transporting students to or  | 
      
      
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        from school or a school-sponsored or school-related activity shall  | 
      
      
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        send to the principal for placement in a disciplinary alternative  | 
      
      
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        education program or for expulsion, as appropriate, a student who,  | 
      
      
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        while on the school bus, engages in conduct described under Section  | 
      
      
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        37.006 or 37.007. | 
      
      
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               (c)  Section 37.004 applies to any placement under this  | 
      
      
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        section of a student with a disability who receives special  | 
      
      
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        education services. | 
      
      
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               SECTION 3.  This Act applies beginning with the 2013-2014  | 
      
      
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        school year. | 
      
      
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               SECTION 4.  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, 2013. | 
      
      
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        * * * * * |