HB340 - Relating to a provision in a school district's student code of conduct prohibiting the wearing of clothing or displaying of items indicating membership in or support of certain organizations.

  89R4370 TSS-D     By: Shaheen H.B. No. 340       A BILL TO BE ENTITLED   AN ACT   relating to a provision in a school district's student code of   conduct prohibiting the wearing of clothing or displaying of items   indicating membership in or support of certain organizations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.001(a), Education Code, is amended to   read as follows:          (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, disciplinary alternative education program, or vehicle   owned or operated by the district;                (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;                      (D)  a disability that substantially impairs the   student's capacity to appreciate the wrongfulness of the student's   conduct;                      (E)  a student's status in the conservatorship of   the Department of Family and Protective Services; or                      (F)  a student's status as a student who is   homeless;                (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;                (8)  provide, as appropriate for students at each grade   level, methods, including options, for:                      (A)  managing students in the classroom, on school   grounds, and on a vehicle owned or operated by the district;                      (B)  disciplining students; and                      (C)  preventing and intervening in student   discipline problems, including bullying, harassment, and making   hit lists; [ and ]                (9)  include an explanation of the provisions regarding   refusal of entry to or ejection from district property under   Section 37.105, including the appeal process established under   Section 37.105(h) ; and                   (10)     prohibit a student from wearing clothing or   displaying accessories or other items indicating the student's   membership in or support of a criminal street gang or terrorist   organization, as defined by the board in the student code of   conduct .          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  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, 2025.