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Texas Statutes (Last Updated: January 4, 2014) |
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EDUCATION CODE |
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Title 2. PUBLIC EDUCATION |
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Subtitle G. SAFE SCHOOLS |
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Chapter 37. DISCIPLINE; LAW AND ORDER |
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Subchapter A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT |
Sec. 37.001. STUDENT CODE OF CONDUCT
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(a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:
(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;
(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;
(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:
(A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;
(5) provide guidelines for setting the length of a term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007;
(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;
(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions; and
(8) provide, as appropriate for students at each grade level, methods, including options, for:
(A) managing students in the classroom and on school grounds;
(B) disciplining students; and
(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists.
(b) In this section:
(1) "Bullying" has the meaning assigned by Section 37.0832.
(2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety.
(3) "Hit list" means a list of people targeted to be harmed, using:
(A) a firearm, as defined by Section 46.01(3), Penal Code;
(B) a knife, as defined by Section 46.01(7), Penal Code; or
(C) any other object to be used with intent to cause bodily harm.
(b-1) The methods adopted under Subsection (a)(8) must provide that a student who is enrolled in a special education program under Subchapter A, Chapter 29, may not be disciplined for conduct prohibited in accordance with Subsection (a)(7) until an admission, review, and dismissal committee meeting has been held to review the conduct.
(c) Once the student code of conduct is promulgated, any change or amendment must be approved by the board of trustees.
(d) Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.
(e) Except as provided by Section 37.007(e), this subchapter does not require the student code of conduct to specify a minimum term of a removal under Section 37.006 or an expulsion under Section 37.007.