HB4814 - Relating to the display of and allowance for non-human behaviors in Texas schools.

      By: Gerdes H.B. No. 4814       A BILL TO BE ENTITLED   AN ACT   relating to the display of and allowance for non-human behaviors in   Texas schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This bill may be referred to as the Forbidding   Unlawful Representation of Roleplaying in Education or   F.U.R.R.I.E.S Act.          SECTION 2.  Section 31.007, Education Code, is amended by   amending Subsections (a) and (b) 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 any non-human behavior by a student,   including presenting himself or herself, on days other than exempt   days, as anything other than a human being .          (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.                (4)  "Student who is homeless" has the meaning assigned   to the term "homeless children and youths" under 42 U.S.C. Section   11434a.                 (5)  "Exempt day" means:                       (A)     Halloween, or any singular school day within   one calendar week of Halloween, as designated by the school   district or school campus as a "Halloween Day";                       (B)     school dress-up or activity days on which   students are encouraged to wear costumes and garments that are   otherwise different from the district or school's normally accepted   dress code, provided that:                             (i)     there are not more than five such days   in a school year;                             (ii)     the theme is based on an era in human   history, a specific holiday, or a specific school event; and                             (iii)     the theme of the day is not solely or   primarily related to the history or celebration of a biological or   artificial species other than homo sapiens; and                       (C)     a day that the student must rehearse,   perform, or attend an event that would otherwise require the   student to dress in costume if the student is a school mascot or is   involved in district funded or sponsored theatre organization.                 (6)     "Non-Human Behavior" means any type of behavior or   accessory displayed by a student in a school district other than   behaviors or accessories typically displayed by a member of the   homo sapiens species including:                       (A)     using a litter box for the passing of stool,   urine, or other human byproducts;                       (B)     a personal or outward display, except during   a school play or by a school mascot, through surgical or superficial   means of features that are non-human such as:                             (i)  tails;                             (ii)     leashes, collars, other accessories   designed for pets;                             (iii)     fur, other than naturally occurring   human hair or a wig made to look like human hair;                             (iv)  artificial, animal-like ears; or                             (v)     other physiological features that have   not historically been assigned to the homo sapiens species through   a means of natural biological development;                       (C)     barking, meowing, hissing, or other animal   noises that are not human speech; and                       (D)     licking oneself or others for the purpose of   grooming or maintenance.                 (7)     "Human being" means a biological entity that   belongs to the species homo sapien.          SECTION 3.  Section 37.002, Education Code, is amended by   adding Subsection (f) to read as follows:           (f)     Limiting a student to engaging only in human behaviors   is not a violation of this section.          SECTION 4.  Subchapter Z, Chapter 25, Education Code, is   amended by adding Section 29.905 to read as follows:           Sec.   25.905.     PROHIBITION ON CERTAIN NON-HUMAN ACTIVITIES   AND BEHAVIORS.   (a)   "Exempt day" and "Human being" have the   definitions provided in Section 37.001.           (b)     A student has an obligation to learn, grow, and advance   as a human child.   A student may not, during school hours, a planned   district activity, or on school property:                 (1)     engage in any non-human behaviors as defined by   Chapter 37.001 (6) Education Code; or                 (2)     present himself or herself, on days other than   exempt days, as anything other than a human being.           (c)     A student or group of students may not create an   organization under Subchapter E, Chapter 25, Education Code, for   the purposes of circumventing the regulations in this chapter   unless the organization is federally recognized.          SECTION 5.  Subdivision 261.001(1), Family Code, is amended   to read as follows:                (1)  "Abuse" includes the following acts or o [Text truncated for display. 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