SB1872 - Relating to the expulsion of a public school student for engaging in conduct that constitutes certain offenses.

      By: Perry, Parker S.B. No. 1872       Sparks     A BILL TO BE ENTITLED   AN ACT   relating to the expulsion of a public school student for engaging in   conduct that constitutes certain offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 37.007(a) and (b), Education Code, are   amended to read as follows:          (a)  Except as provided by Subsection (k) and subject to the   requirements of Section 37.009(a), a student shall be expelled from   a school if the student, [ on school property or while attending a   school-sponsored or school-related activity ] on or off of school   property:                (1)  engages in conduct that contains the elements of   the offense of unlawfully carrying weapons under Section 46.02,   Penal Code, or elements of an offense relating to prohibited   weapons under Section 46.05, Penal Code;                (2)  engages in conduct that contains the elements of   the offense of:                      (A)  aggravated assault under Section 22.02,   Penal Code, sexual assault under Section 22.011, Penal Code, or   aggravated sexual assault under Section 22.021, Penal Code;                      (B)  arson under Section 28.02, Penal Code;                      (C)  murder under Section 19.02, Penal Code,   capital murder under Section 19.03, Penal Code, or criminal   attempt, under Section 15.01, Penal Code, to commit murder or   capital murder;                      (D)  indecency with a child under Section 21.11,   Penal Code;                      (E)  aggravated kidnapping under Section 20.04,   Penal Code;                      (F)  aggravated robbery under Section 29.03,   Penal Code;                      (G)  manslaughter under Section 19.04, Penal   Code;                      (H)  criminally negligent homicide under Section   19.05, Penal Code; or                      (I)  continuous sexual abuse of young child or   disabled individual under Section 21.02, Penal Code; [ or ]                (3)  engages in conduct specified by Section   37.006(a)(2)(C), if the conduct is punishable as a felony ; or                 (4)     engages in conduct that contains the elements of   an offense under Section 22.01(a)(1), Penal Code, against a school   district employee or a volunteer as defined by Section 22.053 of   this code .          (b)  A student may be expelled if the student:                (1)  engages in conduct involving a public school that   contains the elements of the offense of false alarm or report under   Section 42.06, Penal Code, or terroristic threat under Section   22.07, Penal Code;                (2)  while on or within 300 feet of school property, as   measured from any point on the school's real property boundary   line, or while attending a school-sponsored or school-related   activity on or off of school property:                      (A)   except as provided by Subsection (a)(3),   sells, gives, or delivers to another person or possesses, uses, or   is under the influence of any amount of:                            (i)  marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq.;                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code; or                            (iii)  an alcoholic beverage, as defined by   Section 1.04, Alcoholic Beverage Code;                      (B)  engages in conduct that contains the elements   of an offense relating to an abusable volatile chemical under   Sections 485.031 through 485.034, Health and Safety Code; or                      (C)  [ engages in conduct that contains the   elements of an offense under Section 22.01(a)(1), Penal Code,   against a school district employee or a volunteer as defined by   Section 22.053; or                      [ (D) ]  engages in conduct that contains the   elements of the offense of deadly conduct under Section 22.05,   Penal Code;                (3)  [ subject to Subsection (d), ] while within 300 feet   of school property, as measured from any point on the school's real   property boundary line , [ :                      [ (A)     engages in conduct specified by Subsection   (a); or                      [ (B) ]  possesses a firearm, as defined by 18   U.S.C. Section 921;                [ (4)     engages in conduct that contains the elements of   any offense listed in Subsection (a)(2)(A) or (C) or the offense of   aggravated robbery under Section 29.03, Penal Code, against another   student, without regard to whether the conduct occurs on or off of   school property or while attending a school-sponsored or   school-related activity on or off of school property; ] or                 (4)  [ (5) ]  engages in conduct that contains the   elements of the offense of breach of computer security under   Section 33.02, Penal Code, if:                      (A)  the conduct involves accessing a computer,   computer network, or computer system owned by or operated on behalf   of a school district; and                      (B)  the student knowingly:                            (i)  alters, damages, or deletes school   district property or information; or                            (ii)  commits a breach of any other   computer, computer network, or computer system.          SECTION 2.  Section 37.002(d), Education Code, is amended to   read as follows:          (d)  A teacher shall remove from class and send to the   principal for placement in a disciplinary alternative education   program or for expulsion, as appropriate, a student who engages in   conduct described under Section 37.006 or 37.007.  The student may   not be returned to that teacher's class without the teacher's   consent unless the committee established under Section 37.003   determines that such placement is the best or only alternative   available.  If the teacher removed the student from class because   the student has engaged in the elements of any offense listed in   [ Section 37.006(a)(2)(B) or ] Section 37.007(a)(2)(A) or (a)(4)   [ (b)(2)(C) ] against the teacher, the student may not be returned to   the teacher's class without the teacher's consent.  The teacher may   not be coerced to consent.          SECTION 3.  Sections 37.006(a) and (b), Education Code, are   amended to read as follows:          (a)  Subject to the requirements of Section 37.009(a), a   student shall be removed from class and placed in a disciplinary   alternative education program as provided by Section 37.008 if the   student:                (1)  engages in conduct involving a public school that   contains the elements of the offense of false alarm or report under   Section 42.06, Penal Code, or terroristic threat under Section   22.07, Penal Code; or                (2)  commits the following on or within 300 feet of   school property, as measured from any point on the school's real   property boundary line, or while attending a school-sponsored or   school-related activity on or off of school property:                      (A)  engages in conduct punishable as a felony;                      (B)  engages in conduct that contains the elements   of the offense of assault under Section 22.01(a)(1), Penal Code;                      (C)   except as provided by Section 37.007(a)(3),   sells, gives, or delivers to another person or possesses or uses or   is under the influence of:                            (i)  a controlled substance, as defined by   Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et   seq., excluding marihuana, as defined by Section 481.002, Health   and Safety Code, or tetrahydrocannabinol, as defined by rule   adopted under Section 481.003 of that code; or                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code;                      (C-1)  possesses, uses, or is under the influence   of, or sells, gives, or delivers to another person marihuana, as   defined by Section 481.002, Health and Safety Code, or   tetrahydrocannabinol, as defined by rule adopted under Section   481.003 of that code;                      (C-2)  possesses, uses, sells, gives, or delivers   to another person an e-cigarette, as defined by Section 161.081,   Health and Safety Code;                      (D)  sells, gives, or delivers to another person   an alcoholic beverage, as defined by Section 1.04, Alcoholic   Beverage Code, commits a serious act or offense while under the   influence of alcohol, or possesses, uses, or is under the influence   of an alcoholic beverage;                      (E)  engages in conduct that contains the elements   of an offense relating to an abusable volatile chemical under   Sections 485.031 through 485.034, Health and Safety Code;                      (F)  engages in conduct that contains the elements   of the offense of public lewdness under Section 21.07, Penal Code,   or indecent exposure under Section 21.08, Penal Code; or                      (G)  engages in conduct that contains the elements   of the offense of harassment under Section 42.07(a)(1), (2), (3),   or (7), Penal Code, against an employee of the school district.       &# [Text truncated for display. 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