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PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law.
The principal may not return the student 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. (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus. Members shall be appointed as follows:(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and(2) the principal shall choose one member from the professional staff of a campus.(b) The teacher refusing to readmit the student may not serve on the committee.(c) The committee's placement determination regarding a student with a disability who receives special education services under Subchapter A, Chapter 29, is subject to the requirements of the Individuals with Disabilities Education Act (20 U. A student with a disability who receives special education services under Subchapter A, Chapter 29, may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.(b) In this section:(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.(2) "Seclusion" means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:(A) is designed solely to seclude a person; and(B) contains less than 50 square feet of space.(3) "Time-out" means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:(A) that is not locked; and(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.(4) "Law enforcement duties" means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure.(c) A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;(2) 40 T. (a) It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services under Subchapter A, Chapter 29. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities. 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; 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;(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).(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.
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.
The student may not be returned to the regular classroom pending the appeal.(k) Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).(l) Notwithstanding any other provision of this code, other than Section 37.007(e)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.(m) Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.007 for the same conduct for which removal would be required.(n) A principal or other appropriate administrator may but is not required to remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.(o) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a principal or a principal's designee shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct.
The board shall, at the next scheduled meeting, review the notice provided under Article 15.27(g), Code of Criminal Procedure, and receive information from the student, the student's parent or guardian, and the superintendent or superintendent's designee and confirm or reverse the decision under Subsection (h). If the board confirms the decision of the superintendent or superintendent's designee, the board shall inform the student and the student's parent or guardian of the right to appeal to the commissioner under Subsection (j).(j) Notwithstanding Section 7.057(e), the decision of the board of trustees under Subsection (i) may be appealed to the commissioner as provided by Sections 7.057(b), (c), (d), and (f).
PLACEMENT OF STUDENTS COMMITTING SEXUAL ASSAULT AGAINST ANOTHER STUDENT.
(a) In this section:(1) "Bullying" has the meaning assigned by Section 37.0832.(2) "Intimate visual material" has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code.(b) A student may be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 or expelled if the student:(1) engages in bullying that encourages a student to commit or attempt to commit suicide;(2) incites violence against a student through group bullying; or(3) releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.(c) Nothing in this section exempts a school from reporting a finding of intimate visual material of a minor.
USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT. This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:(1) the student possesses a weapon; and(2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person.(g) This section and any rules or procedures adopted under this section do not apply to:(1) a peace officer performing law enforcement duties, except as provided by Subsection (i);(2) juvenile probation, detention, or corrections personnel; or(3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.(h) This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer:(1) is employed or commissioned by a school district; or(2) provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.(i) A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity.