EDUCATION CODE
SUBTITLE G. SAFE SCHOOLS
CHAPTER 37. DISCIPLINE; LAW AND ORDER
SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT
§ 37.001. STUDENT CODE OF CONDUCT. (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 whether consideration is given to
self-defense as a factor in a decision to order suspension, removal
to a disciplinary alternative education program, or expulsion;
(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; and
(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.
(b) Repealed by Acts 2003, 78th Leg., ch. 1055, § 30.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 2, eff. June 19,
1997; Acts 2003, 78th Leg., ch. 1055, § 4, 30, eff. June 20,
2003.
§ 37.002. REMOVAL BY TEACHER. (a) A teacher may send a
student to the principal's office to maintain effective discipline
in the classroom. The principal shall respond by employing
appropriate discipline management techniques consistent with the
student code of conduct adopted under Section 37.001.
(b) A teacher may remove from class a student:
(1) who has been documented by the teacher to
repeatedly interfere with the teacher's ability to communicate
effectively with the students in the class or with the ability of
the student's classmates to learn; or
(2) whose behavior the teacher determines is so
unruly, disruptive, or abusive that it seriously interferes with
the teacher's ability to communicate effectively with the students
in the class or with the ability of the student's classmates to
learn.
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. 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. The terms of the removal
may prohibit the student from attending or participating in
school-sponsored or school-related activity.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, § 5, eff. June 20,
2003.
§ 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND
TIME-OUT. (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 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.
(c) A school district employee or volunteer or an
independent contractor of a district may not place a student in
seclusion. This subsection does not apply to the use of seclusion
in a court-ordered placement, other than a placement in an
educational program of a school district, or in a placement or
facility to which the following law, rules, or regulations apply:
(1) the Children's Health Act of 2000, Pub. L. No.
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.C. Sections 720.1001-720.1013; or
(3) 25 T.A.C. Section 412.308(e).
(d) The commissioner by rule shall adopt procedures for the
use of restraint and time-out by a school district employee or
volunteer or an independent contractor of a district in the case of
a student with a disability receiving special education services
under Subchapter A, Chapter 29. A procedure adopted under this
subsection must:
(1) be consistent with:
(A) professionally accepted practices and
standards of student discipline and techniques for behavior
management; and
(B) relevant health and safety standards; and
(2) identify any discipline management practice or
behavior management technique that requires a district employee or
volunteer or an independent contractor of a district to be trained
before using that practice or technique.
(e) In the case of a conflict between a rule adopted under
Subsection (d) and a rule adopted under Subchapter A, Chapter 29,
the rule adopted under Subsection (d) controls.
(f) For purposes of this subsection, "weapon" includes any
weapon described under Section 37.007(a)(1). 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 while performing law enforcement
duties;
(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.
Added by Acts 2001, 77th Leg., ch. 212, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1055, § 6, eff. June 20,
2003.
§ 37.003. PLACEMENT REVIEW COMMITTEE. (a) Each school
shall establish a three-member committee to determine placement of
a student when a teacher refuses the return of a student to the
teacher's class and make recommendations to the district regarding
readmission of expelled students. 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.S.C. Section
1400 et seq.) and federal regulations, state statutes, and agency
requirements necessary to carry out federal law or regulations or
state law relating to special education.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, § 7, eff. June 20,
2003.
§ 37.004. PLACEMENT OF STUDENTS WITH
DISABILITIES. (a) The placement of a student with a disability
who receives special education services may be made only by a duly
constituted admission, review, and dismissal committee.
(b) Any disciplinary action regarding a student with a
disability who receives special education services that would
constitute a change in placement under federal law may be taken only
after the student's admission, review, and dismissal committee
conducts a manifestation determination review under 20 U.S.C.
Section 1415(k)(4) and its subsequent amendments. Any disciplinary
action regarding the student shall be determined in accordance with
federal law and regulations, including laws or regulations
requiring the provision of:
(1) functional behavioral assessments;
(2) positive behavioral interventions, strategies,
and supports;
(3) behavioral intervention plans; and
(4) the manifestation determination review.
(c) A student with a disability who receives special
education services may not be placed in alternative education
programs solely for educational purposes.
(d) A teacher in an alternative education program under
Section 37.008 who has a special education assignment must hold an
appropriate certificate or permit for that assignment.
Text of subsection (e) effective until September 1, 2005
(e) Notwithstanding any other provision of this subchapter,
in a county with a juvenile justice alternative education program
established under Section 37.011, the expulsion under a provision
of Section 37.007 described by this subsection of a student with a
disability who receives special education services must occur in
accordance with this subsection and Subsection (f). The school
district from which the student was expelled shall, in accordance
with applicable federal law, provide the administrator of the
juvenile justice alternative education program or the
administrator's designee with reasonable notice of the meeting of
the student's admission, review, and dismissal committee to discuss
the student's expulsion. A representative of the juvenile justice
alternative education program may participate in the meeting to the
extent that the meeting relates to the student's placement in the
program. This subsection applies only to an expulsion under:
(1) Section 37.007(b), (c), or (f); or
(2) Section 37.007(d) as a result of conduct that
contains the elements of any offense listed in Section 37.007(b)(3)
against any employee or volunteer in retaliation for or as a result
of the person's employment or association with a school district.
Text of subsection (f) effective until September 1, 2005
(f) If, after placement of a student in a juvenile justice
alternative education program under Subsection (e), the
administrator of the program or the administrator's designee has
concerns that the student's educational or behavioral needs cannot
be met in the program, the administrator or designee shall
immediately provide written notice of those concerns to the school
district from which the student was expelled. The student's
admission, review, and dismissal committee shall meet to reconsider
the placement of the student in the program. The district shall, in
accordance with applicable federal law, provide the administrator
or designee with reasonable notice of the meeting, and a
representative of the program may participate in the meeting to the
extent that the meeting relates to the student's continued
placement in the program.
Text of subsection (g) effective until September 1, 2005
(g) Subsections (e) and (f) and this subsection expire
September 1, 2005.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 6, eff. June 13,
2001; Acts 2001, 77th Leg., ch. 1225, § 1, eff. June 15, 2001;
Acts 2003, 78th Leg., ch. 435, § 1, eff. June 20, 2003; Acts
2003, 78th Leg., ch. 1276, § 6.006, eff. Sept. 1, 2003.
§ 37.005. SUSPENSION. (a) The principal or other
appropriate administrator may suspend a student who engages in
conduct identified in the student code of conduct adopted under
Section 37.001 as conduct for which a student may be suspended.
(b) A suspension under this section may not exceed three
school days.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, § 8, eff. June 20,
2003.
§ 37.006. REMOVAL FOR CERTAIN CONDUCT. (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) sells, gives, or delivers to another person
or possesses or uses or is under the influence 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.; or
(ii) a dangerous drug, as defined by
Chapter 483, 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; or
(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.
(b) Except as provided by Section 37.007(d), a student shall
be removed from class and placed in a disciplinary alternative
education program under Section 37.008 if the student engages in
conduct on or off of school property that contains the elements of
the offense of retaliation under Section 36.06, Penal Code, against
any school employee.
(c) In addition to Subsections (a) and (b), a student shall
be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the student receives deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code;
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
(3) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in a
conduct defined as a felony offense in Title 5, Penal Code.
(d) In addition to Subsections (a), (b), and (c), a student
may be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in
conduct defined as a felony offense other than those defined in
Title 5, Penal Code; and
(2) the continued presence of the student in the
regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
(e) In determining whether there is a reasonable belief that
a student has engaged in conduct defined as a felony offense by the
Penal Code, the superintendent or the superintendent's designee may
consider all available information, including the information
furnished under Article 15.27, Code of Criminal Procedure.
(f) Subject to Section 37.007(e), a student who is younger
than 10 years of age shall be removed from class and placed in a
disciplinary alternative education program under Section 37.008 if
the student engages in conduct described by Section 37.007. An
elementary school student may not be placed in a disciplinary
alternative education program with any other student who is not an
elementary school student.
(g) The terms of a placement under this section must
prohibit the student from attending or participating in a
school-sponsored or school-related activity.
(h) On receipt of notice under Article 15.27(g), Code of
Criminal Procedure, the superintendent or the superintendent's
designee shall review the student's placement in the disciplinary
alternative education program. The student may not be returned to
the regular classroom pending the review. The superintendent or
the superintendent's designee shall schedule a review of the
student's placement with the student's parent or guardian not later
than the third class day after the superintendent or
superintendent's designee receives notice from the office or
official designated by the court. After reviewing the notice and
receiving information from the student's parent or guardian, the
superintendent or the superintendent's designee may continue the
student's placement in the disciplinary alternative education
program if there is reason to believe that the presence of the
student in the regular classroom threatens the safety of other
students or teachers.
(i) The student or the student's parent or guardian may
appeal the superintendent's decision under Subsection (h) to the
board of trustees. The student may not be returned to the regular
classroom pending the appeal. 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). The board shall make a record of
the proceedings. 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).
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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 3, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 396, § 2.15, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 486, § 1, eff. June 11, 2001; Acts
2003, 78th Leg., ch. 1055, § 9, eff. June 20, 2003.
§ 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN
JUVENILE RESIDENTIAL FACILITIES. A school district that provides
education services to pre-adjudicated and post-adjudicated
students who are confined by court order in a juvenile residential
facility operated by a juvenile board is entitled to count such
students in the district's average daily attendance for purposes of
receipt of state funds under the Foundation School Program. If the
district has a wealth per student greater than the guaranteed
wealth level but less than the equalized wealth level, the district
in which the student is enrolled on the date a court orders the
student to be confined to a juvenile residential facility shall
transfer to the district providing education services an amount
equal to the difference between the average Foundation School
Program costs per student of the district providing education
services and the sum of the state aid and the money from the
available school fund received by the district that is attributable
to the student for the portion of the school year for which the
district provides education services to the student.
Added by Acts 1997, 75th Leg., ch. 1015, § 4, eff. June 19, 1997.
§ 37.007. EXPULSION FOR SERIOUS OFFENSES. (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) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon 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; or
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 443,
§ 1
(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 school property or while attending a
school-sponsored or school-related activity on or off of school
property:
(A) 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 abusable glue or aerosol paint under
Sections 485.031 through 485.035, Health and Safety Code, or
relating to volatile chemicals under Chapter 484, 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
(3) 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.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 1055,
§ 10
(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) 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;
(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;
or
(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.
(c) A student may be expelled if the student, while placed
in an alternative education program for disciplinary reasons,
continues to engage in serious or persistent misbehavior that
violates the district's student code of conduct.
(d) A student shall be expelled if the student engages in
conduct that contains the elements of any offense listed in
Subsection (a), and may be expelled if the student engages in
conduct that contains the elements of any offense listed in
Subsection (b)(2)(C), against any employee or volunteer in
retaliation for or as a result of the person's employment or
association with a school district, 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.
(e) In accordance with 20 U.S.C. Section 7151, a local
educational agency, including a school district, home-rule school
district, or open-enrollment charter school, shall expel a student
who brings a firearm, as defined by 18 U.S.C. Section 921, to
school. The student must be expelled from the student's regular
campus for a period of at least one year, except that:
(1) the superintendent or other chief administrative
officer of the school district or of the other local educational
agency, as defined by 20 U. S.C. Section 7801, may modify the length
of the expulsion in the case of an individual student;
(2) the district or other local educational agency
shall provide educational services to an expelled student in a
disciplinary alternative education program as provided by Section
37.008 if the student is younger than 10 years of age on the date of
expulsion; and
(3) the district or other local educational agency may
provide educational services to an expelled student who is 10 years
of age or older in a disciplinary alternative education program as
provided in Section 37.008.
(f) A student who engages in conduct that contains the
elements of the offense of criminal mischief under Section 28.03,
Penal Code, may be expelled at the district's discretion if the
conduct is punishable as a felony under that section. The student
shall be referred to the authorized officer of the juvenile court
regardless of whether the student is expelled.
(g) A school district shall inform each teacher who has
regular contact with a student through a classroom assignment of
the conduct of a student who has engaged in any violation listed in
this section. A teacher shall keep the information received in this
subsection confidential. The State Board for Educator
Certification may revoke or suspend the certification of a teacher
who intentionally violates this subsection.
(h) Subject to Subsection (e), notwithstanding any other
provision of this section, a student who is younger than 10 years of
age may not be expelled for engaging in conduct described by this
section.
(i) A student who engages in conduct described by Subsection
(a) may be expelled from school by the district in which the student
attends school if the student engages in that conduct:
(1) on school property of another district in this
state; or
(2) while attending a school-sponsored or
school-related activity of a school in another district in this
state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 5, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 542, § 1, eff. Aug. 30, 1999;
Acts 2001, 77th Leg., ch. 486, § 2, eff. June 11, 2001; Acts
2003, 78th Leg., ch. 225, § 1, eff. June 18, 2003; Acts 2003,
78th Leg., ch. 443, § 1, eff. June 20, 2003; Acts 2003, 78th
Leg., ch. 1055, § 10, eff. June 20, 2003.
§ 37.008. DISCIPLINARY ALTERNATIVE EDUCATION
PROGRAMS. (a) Each school district shall provide a disciplinary
alternative education program that:
(1) is provided in a setting other than a student's
regular classroom;
(2) is located on or off of a regular school campus;
(3) provides for the students who are assigned to the
disciplinary alternative education program to be separated from
students who are not assigned to the program;
(4) focuses on English language arts, mathematics,
science, history, and self-discipline;
(5) provides for students' educational and behavioral
needs;
(6) provides supervision and counseling;
(7) requires that to teach in an off-campus
disciplinary alternative education program, each teacher meet all
certification requirements established under Subchapter B, Chapter
21; and
(8) notwithstanding Subdivision (7), requires that to
teach in a disciplinary alternative education program of any kind,
each teacher employed by a school district during the 2003-2004
school year or an earlier school year meet, not later than the
beginning of the 2005-2006 school year, all certification
requirements established under Subchapter B, Chapter 21.
(b) A disciplinary alternative education program may
provide for a student's transfer to:
(1) a different campus;
(2) a school-community guidance center; or
(3) a community-based alternative school.
(c) An off-campus disciplinary alternative education
program is not subject to a requirement imposed by this title, other
than a limitation on liability, a reporting requirement, or a
requirement imposed by this chapter or by Chapter 39.
(d) A school district may provide a disciplinary
alternative education program jointly with one or more other
districts.
(e) Each school district shall cooperate with government
agencies and community organizations that provide services in the
district to students placed in a disciplinary alternative education
program.
(f) A student removed to a disciplinary alternative
education program is counted in computing the average daily
attendance of students in the district for the student's time in
actual attendance in the program.
(g) A school district shall allocate to a disciplinary
alternative education program the same expenditure per student
attending the disciplinary alternative education program,
including federal, state, and local funds, that would be allocated
to the student's school if the student were attending the student's
regularly assigned education program, including a special
education program.
(h) A school district may not place a student, other than a
student suspended as provided under Section 37.005 or expelled as
provided under Section 37.007, in an unsupervised setting as a
result of conduct for which a student may be placed in a
disciplinary alternative education program.
(i) On request of a school district, a regional education
service center may provide to the district information on
developing a disciplinary alternative education program that takes
into consideration the district's size, wealth, and existing
facilities in determining the program best suited to the district.
(j) If a student placed in a disciplinary alternative
education program enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in
which the student enrolls, at the same time other records of the
student are provided, a copy of the placement order. The district
in which the student enrolls may continue the disciplinary
alternative education program placement under the terms of the
order or may allow the student to attend regular classes without
completing the period of placement. A district may take any action
permitted by this subsection if:
(1) the student was placed in a disciplinary
alternative education program by an open-enrollment charter school
under Section 12.131 and the charter school provides to the
district a copy of the placement order; or
(2) the student was placed in a disciplinary
alternative education program by a school district in another state
and:
(A) the out-of-state district provides to the
district a copy of the placement order; and
(B) the grounds for the placement by the
out-of-state district are grounds for placement in the district in
which the student is enrolling.
(j-1) If a student was placed in a disciplinary alternative
education program by a school district in another state for a period
that exceeds one year and a school district in this state in which
the student enrolls continues the placement under Subsection (j),
the district shall reduce the period of the placement so that the
aggregate period does not exceed one year unless, after a review,
the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(k) A program of educational and support services may be
provided to a student and the student's parents when the offense
involves drugs or alcohol as specified under Section 37.006 or
37.007. A disciplinary alternative education program that provides
chemical dependency treatment services must be licensed under
Chapter 464, Health and Safety Code.
(l) A school district is required to provide in the
district's disciplinary alternative education program a course
necessary to fulfill a student's high school graduation
requirements only as provided by this subsection. A school
district shall offer a student removed to a disciplinary
alternative education program an opportunity to complete
coursework before the beginning of the next school year. The school
district may provide the student an opportunity to complete
coursework through any method available, including a
correspondence course, distance learning, or summer school. The
district may not charge the student for a course provided under this
subsection.
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner, but must include student
performance on assessment instruments required under Sections
39.023(a) and (c). Academically, the mission of disciplinary
alternative education programs shall be to enable students to
perform at grade level.
(m-1) The commissioner shall develop a process for
evaluating a school district disciplinary alternative education
program electronically. The commissioner shall also develop a
system and standards for review of the evaluation or use systems
already available at the agency. The system must be designed to
identify districts that are at high risk of having inaccurate
disciplinary alternative education program data or of failing to
comply with disciplinary alternative education program
requirements. The commissioner shall notify the board of trustees
of a district of any objection the commissioner has to the
district's disciplinary alternative education program data or of a
violation of a law or rule revealed by the data, including any
violation of disciplinary alternative education program
requirements, or of any recommendation by the commissioner
concerning the data. If the data reflect that a penal law has been
violated, the commissioner shall notify the county attorney,
district attorney, or criminal district attorney, as appropriate,
and the attorney general. The commissioner is entitled to access to
all district records the commissioner considers necessary or
appropriate for the review, analysis, or approval of disciplinary
alternative education program data.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 6, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 396, § 2.16, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1112, § 1, eff. June 18, 1999; Acts
2003, 78th Leg., ch. 631, § 2, eff. June 20, 2003; Acts 2003,
78th Leg., ch. 1055, § 11, eff. June 20, 2003.
§ 37.0081. PLACEMENT OF CERTAIN STUDENTS IN DISCIPLINARY
ALTERNATIVE EDUCATION PROGRAMS. (a) Notwithstanding any other
provision of this subchapter, the board of trustees of a school
district, or the board's designee, after an opportunity for a
hearing may elect to place a student in a disciplinary alternative
education program under Section 37.008 if:
(1) the student:
(A) has received deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code; or
(B) has been found by a court or jury to have
engaged in delinquent conduct under Section 54.03, Family Code, for
conduct defined as a felony offense in Title 5, Penal Code; and
(2) the board or the board's designee determines that
the student's presence in the regular classroom:
(A) threatens the safety of other students or
teachers;
(B) will be detrimental to the educational
process; or
(C) is not in the best interests of the
district's students.
(b) Any decision of the board of trustees or the board's
designee under this section is final and may not be appealed.
(c) The board of trustees or the board's designee may order
placement in accordance with this section regardless of:
(1) the date on which the student's conduct occurred;
(2) the location at which the conduct occurred;
(3) whether the conduct occurred while the student was
enrolled in the district; or
(4) whether the student has successfully completed any
court disposition requirements imposed in connection with the
conduct.
(d) Notwithstanding Section 37.009(c) or any other
provision of this subchapter, the board of trustees or the board's
designee may order placement in accordance with this section for
any period considered necessary by the board or the board's
designee in connection with the determination made under Subsection
(a)(2). A student placed in a disciplinary alternative education
program in accordance with this section is entitled to the periodic
review prescribed by Section 37.009(e).
Added by Acts 2003, 78th Leg., ch. 1055, § 12, eff. June 20,
2003.
§ 37.009. CONFERENCE; HEARING; REVIEW. (a) Not later
than the third class day after the day on which a student is removed
from class by the teacher under Section 37.002(b) or (d) or by the
school principal or other appropriate administrator under Section
37.001(a)(2) or 37.006, the principal or other appropriate
administrator shall schedule a conference among the principal or
other appropriate administrator, a parent or guardian of the
student, the teacher removing the student from class, if any, and
the student. At the conference, the student is entitled to written
or oral notice of the reasons for the removal, an explanation of the
basis for the removal, and an opportunity to respond to the reasons
for the removal. The student may not be returned to the regular
classroom pending the conference. Following the conference, and
whether or not each requested person is in attendance after valid
attempts to require the person's attendance, the principal shall
order the placement of the student for a period consistent with the
student code of conduct. If school district policy allows a student
to appeal to the board of trustees or the board's designee a
decision of the principal or other appropriate administrator, other
than an expulsion under Section 37.007, the decision of the board or
the board's designee is final and may not be appealed. If the
period of the placement is inconsistent with the guidelines
included in the student code of conduct under Section 37.001(a)(5),
the order must give notice of the inconsistency. The period of the
placement may not exceed one year unless, after a review, the
district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(b) If a student's placement in a disciplinary alternative
education program is to extend beyond 60 days or the end of the next
grading period, whichever is earlier, a student's parent or
guardian is entitled to notice of and an opportunity to participate
in a proceeding before the board of trustees of the school district
or the board's designee, as provided by policy of the board of
trustees of the district. Any decision of the board or the board's
designee under this subsection is final and may not be appealed.
(c) Before it may place a student in a disciplinary
alternative education program for a period that extends beyond the
end of the school year, the board or the board's designee must
determine that:
(1) the student's presence in the regular classroom
program or at the student's regular campus presents a danger of
physical harm to the student or to another individual; or
(2) the student has engaged in serious or persistent
misbehavior that violates the district's student code of conduct.
(d) The board or the board's designee shall set a term for a
student's placement in a disciplinary alternative education
program. If the period of the placement is inconsistent with the
guidelines included in the student code of conduct under Section
37.001(a)(5), the order must give notice of the inconsistency. The
period of the placement may not exceed one year unless, after a
review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(e) A student placed in a disciplinary alternative
education program shall be provided a review of the student's
status, including a review of the student's academic status, by the
board's designee at intervals not to exceed 120 days. In the case
of a high school student, the board's designee, with the student's
parent or guardian, shall review the student's progress towards
meeting high school graduation requirements and shall establish a
specific graduation plan for the student. The district is not
required under this subsection to provide a course in the
district's disciplinary alternative education program except as
required by Section 37.008(l). At the review, the student or the
student's parent or guardian must be given the opportunity to
present arguments for the student's return to the regular classroom
or campus. The student may not be returned to the classroom of the
teacher who removed the student without that teacher's consent.
The teacher may not be coerced to consent.
(f) Before a student may be expelled under Section 37.007,
the board or the board's designee must provide the student a hearing
at which the student is afforded appropriate due process as
required by the federal constitution and which the student's parent
or guardian is invited, in writing, to attend. At the hearing, the
student is entitled to be represented by the student's parent or
guardian or another adult who can provide guidance to the student
and who is not an employee of the school district. If the school
district makes a good-faith effort to inform the student and the
student's parent or guardian of the time and place of the hearing,
the district may hold the hearing regardless of whether the
student, the student's parent or guardian, or another adult
representing the student attends. If the decision to expel a
student is made by the board's designee, the decision may be
appealed to the board. The decision of the board may be appealed by
trial de novo to a district court of the county in which the school
district's central administrative office is located.
(g) The board or the board's designee shall deliver to the
student and the student's parent or guardian a copy of the order
placing the student in a disciplinary alternative education program
under Section 37. 001, 37.002, or 37.006 or expelling the student
under Section 37.007.
(h) If the period of an expulsion is inconsistent with the
guidelines included in the student code of conduct under Section
37.001 (a)(5), the order must give notice of the inconsistency. The
period of an expulsion may not exceed one year unless, after a
review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student. After a school district notifies the parents or guardians
of a student that the student has been expelled, the parent or
guardian shall provide adequate supervision of the student during
the period of expulsion.
(i) If a student withdraws from the district before an order
for placement in a disciplinary alternative education program or
expulsion is entered under this section, the principal or board, as
appropriate, may complete the proceedings and enter an order. If
the student subsequently enrolls in the district during the same or
subsequent school year, the district may enforce the order at that
time except for any period of the placement or expulsion that has
been served by the student on enrollment in another district that
honored the order. If the principal or board fails to enter an
order after the student withdraws, the next district in which the
student enrolls may complete the proceedings and enter an order.
(j) If, during the term of a placement or expulsion ordered
under this section, a student engages in additional conduct for
which placement in a disciplinary alternative education program or
expulsion is required or permitted, additional proceedings may be
conducted under this section regarding that conduct and the
principal or board, as appropriate, may enter an additional order
as a result of those proceedings.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 7, eff. June 19,
1997; Acts 2003, 78th Leg., ch. 1055, § 13, eff. June 20, 2003.
§ 37.0091. NOTICE TO NONCUSTODIAL PARENT. (a) A
noncustodial parent may request in writing that a school district
or school, for the remainder of the school year in which the request
is received, provide that parent with a copy of any written
notification relating to student misconduct under Section 37.006 or
37.007 that is generally provided by the district or school to a
student's parent or guardian.
(b) A school district or school may not unreasonably deny a
request authorized by Subsection (a).
(c) Notwithstanding any other provision of this section, a
school district or school shall comply with any applicable court
order of which the district or school has knowledge.
Added by Acts 2003, 78th Leg., ch. 1055, § 14, eff. June 20,
2003.
§ 37.010. COURT INVOLVEMENT. (a) Not later than the
second business day after the date a hearing is held under Section
37.009, the board of trustees of a school district or the board's
designee shall deliver a copy of the order placing a student in a
disciplinary alternative education program under Section 37.006 or
expelling a student under Section 37.007 and any information
required under Section 52.04, Family Code, to the authorized
officer of the juvenile court in the county in which the student
resides. In a county that operates a program under Section 37.011,
an expelled student shall to the extent provided by law or by the
memorandum of understanding immediately attend the educational
program from the date of expulsion, except that in a county with a
population greater than 125,000, every expelled student who is not
detained or receiving treatment under an order of the juvenile
court must be enrolled in an educational program.
(b) If a student is expelled under Section 37.007(c) , the
board or its designee shall refer the student to the authorized
officer of the juvenile court for appropriate proceedings under
Title 3, Family Code.
(c) Unless the juvenile board for the county in which the
district's central administrative office is located has entered
into a memorandum of understanding with the district's board of
trustees concerning the juvenile probation department's role in
supervising and providing other support services for students in
disciplinary alternative education programs, a court may not order
a student expelled under Section 37.007 to attend a regular
classroom, a regular campus, or a school district disciplinary
alternative education program as a condition of probation.
(d) Unless the juvenile board for the county in which the
district's central administrative office is located has entered
into a memorandum of understanding as described by Subsection (c),
if a court orders a student to attend a disciplinary alternative
education program as a condition of probation once during a school
year and the student is referred to juvenile court again during that
school year, the juvenile court may not order the student to attend
a disciplinary alternative education program in a district without
the district's consent until the student has successfully completed
any sentencing requirements the court imposes.
(e) Any placement in a disciplinary alternative education
program by a court under this section must prohibit the student from
attending or participating in school-sponsored or school-related
activities.
(f) If a student is expelled under Section 37.007, on the
recommendation of the committee established under Section 37.003 or
on its own initiative, a district may readmit the student while the
student is completing any court disposition requirements the court
imposes. After the student has successfully completed any court
disposition requirements the court imposes, including conditions
of a deferred prosecution ordered by the court, or such conditions
required by the prosecutor or probation department, if the student
meets the requirements for admission into the public schools
established by this title, a district may not refuse to admit the
student, but the district may place the student in the disciplinary
alternative education program. Notwithstanding Section 37.002(d),
the student may not be returned to the classroom of the teacher
under whose supervision the offense occurred without that teacher's
consent. The teacher may not be coerced to consent.
(g) If an expelled student enrolls in another school
district, the board of trustees of the district that expelled the
student shall provide to the district in which the student enrolls,
at the same time other records of the student are provided, a copy
of the expulsion order and the referral to the authorized officer of
the juvenile court. The district in which the student enrolls may
continue the expulsion under the terms of the order, may place the
student in a disciplinary alternative education program for the
period specified by the expulsion order, or may allow the student to
attend regular classes without completing the period of expulsion.
A district may take any action permitted by this subsection if the
student was expelled by a school district in another state if:
(1) the out-of-state district provides to the district
a copy of the expulsion order; and
(2) the grounds for the expulsion are also grounds for
expulsion in the district in which the student is enrolling.
(g-1) If a student was expelled by a school district in
another state for a period that exceeds one year and a school
district in this state continues the expulsion or places the
student in a disciplinary alternative education program under
Subsection (g), the district shall reduce the period of the
expulsion or placement so that the aggregate period does not exceed
one year unless, after a review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(h) A person is not liable in civil damages for a referral to
juvenile court as required by this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 8, eff. June 19,
1997; Acts 2003, 78th Leg., ch. 1055, § 15, eff. June 20, 2003.
§ 37.011. JUVENILE JUSTICE ALTERNATIVE EDUCATION
PROGRAM. (a) The juvenile board of a county with a population
greater than 125,000 shall develop a juvenile justice alternative
education program, subject to the approval of the Texas Juvenile
Probation Commission. The juvenile board of a county with a
population of 125,000 or less may develop a juvenile justice
alternative education program. For the purposes of this
subchapter, only a disciplinary alternative education program
operated under the authority of a juvenile board of a county is
considered a juvenile justice alternative education program. A
juvenile justice alternative education program in a county with a
population of 125,000 or less:
(1) is not required to be approved by the Texas
Juvenile Probation Commission; and
(2) is not subject to Subsection (c), (d), (f), or (g).
(b) If a student admitted into the public schools of a
school district under Section 25.001(b) is expelled from school for
conduct for which expulsion is required under Section 37.007(a),
(d), or (e), the juvenile court, the juvenile board, or the juvenile
board's designee, as appropriate, shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution;
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student; and
(4) provide timely educational services to the student
in the juvenile justice alternative education program in the county
in which the student resides, regardless of the student's age or
whether the juvenile court has jurisdiction over the student.
(b-1) Subsection (b)(4) does not require that educational
services be provided to a student who is not entitled to admission
into the public schools of a school district under Section
25.001(b).
(c) A juvenile justice alternative education program shall
adopt a student code of conduct in accordance with Section 37.001.
(d) A juvenile justice alternative education program must
focus on English language arts, mathematics, science, social
studies, and self-discipline. Each school district shall consider
course credit earned by a student while in a juvenile justice
alternative education program as credit earned in a district
school. Each program shall administer assessment instruments under
Subchapter B, Chapter 39, and shall offer a high school equivalency
program. The juvenile board or the board's designee, with the
parent or guardian of each student, shall regularly review the
student's academic progress. In the case of a high school student,
the board or the board's designee, with the student's parent or
guardian, shall review the student's progress towards meeting high
school graduation requirements and shall establish a specific
graduation plan for the student. The program is not required to
provide a course necessary to fulfill a student's high school
graduation requirements other than a course specified by this
subsection.
(e) A juvenile justice alternative education program may be
provided in a facility owned by a school district. A school
district may provide personnel and services for a juvenile justice
alternative education program under a contract with the juvenile
board.
(f) A juvenile justice alternative education program must
operate at least seven hours per day and 180 days per year, except
that a program may apply to the Texas Juvenile Probation Commission
for a waiver of the 180-day requirement. The commission may not
grant a waiver to a program under this subsection for a number of
days that exceeds the highest number of instructional days waived
by the commissioner during the same school year for a school
district served by the program.
(g) A juvenile justice alternative education program shall
be subject to a written operating policy developed by the local
juvenile justice board and submitted to the Texas Juvenile
Probation Commission for review and comment. A juvenile justice
alternative education program is not subject to a requirement
imposed by this title, other than a reporting requirement or a
requirement imposed by this chapter or by Chapter 39.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapter 39, a student enrolled in a juvenile justice alternative
education program is reported as if the student were enrolled at the
student's assigned campus in the student's regularly assigned
education program, including a special education program. Annually
the Texas Juvenile Probation Commission, with the agreement of the
commissioner, shall develop and implement a system of
accountability consistent with Chapter 39, where appropriate, to
assure that students make progress toward grade level while
attending a juvenile justice alternative education program. The
Texas Juvenile Probation Commission shall adopt rules for the
distribution of funds appropriated under this section to juvenile
boards in counties required to establish juvenile justice
alternative education programs. Except as determined by the
commissioner, a student served by a juvenile justice alternative
education program on the basis of an expulsion required under
Section 37.007(a), (d), or (e) is not eligible for Foundation
School Program funding under Chapter 42 or 31 if the juvenile
justice alternative education program receives funding from the
Texas Juvenile Probation Commission under this subchapter.
(i) A student transferred to a juvenile justice alternative
education program must participate in the program for the full
period ordered by the juvenile court unless the student's school
district agrees to accept the student before the date ordered by the
juvenile court. The juvenile court may not order a period of
transfer under this section that exceeds the term of any probation
ordered by the juvenile court.
(j) In relation to the development and operation of a
juvenile justice alternative education program, a juvenile board
and a county and a commissioners court are immune from liability to
the same extent as a school district, and the juvenile board's or
county's professional employees and volunteers are immune from
liability to the same extent as a school district's professional
employees and volunteers.
(k) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall annually
enter into a joint memorandum of understanding that:
(1) outlines the responsibilities of the juvenile
board concerning the establishment and operation of a juvenile
justice alternative education program under this section;
(2) defines the amount and conditions on payments from
the school district to the juvenile board for students of the school
district served in the juvenile justice alternative education
program whose placement was not made on the basis of an expulsion
required under Section 37.007(a), (d), or (e);
(3) identifies those categories of conduct that the
school district has defined in its student code of conduct as
constituting serious or persistent misbehavior for which a student
may be placed in the juvenile justice alternative education
program;
(4) identifies and requires a timely placement and
specifies a term of placement for expelled students for whom the
school district has received a notice under Section 52.041(d),
Family Code;
(5) establishes services for the transitioning of
expelled students to the school district prior to the completion of
the student's placement in the juvenile justice alternative
education program;
(6) establishes a plan that provides transportation
services for students placed in the juvenile justice alternative
education program;
(7) establishes the circumstances and conditions
under which a juvenile may be allowed to remain in the juvenile
justice alternative education program setting once the juvenile is
no longer under juvenile court jurisdiction; and
(8) establishes a plan to address special education
services required by law.
(l) The school district shall be responsible for providing
an immediate educational program to students who engage in behavior
resulting in expulsion under Section 37.007(b), (c), and (f) but
who are not eligible for admission into the juvenile justice
alternative education program in accordance with the memorandum of
understanding required under this section. The school district may
provide the program or the school district may contract with a
county juvenile board, a private provider, or one or more other
school districts to provide the program. The memorandum of
understanding shall address the circumstances under which such
students who continue to engage in serious or persistent
misbehavior shall be admitted into the juvenile justice alternative
education program.
(m) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall adopt a
joint memorandum of understanding as required by this section not
later than September 1 of each school year.
(n) If a student who is ordered to attend a juvenile justice
alternative education program moves from one county to another, the
juvenile court may request the juvenile justice alternative
education program in the county to which the student moves to
provide educational services to the student in accordance with the
local memorandum of understanding between the school district and
juvenile board in the receiving county.
(o) In relation to the development and operation of a
juvenile justice alternative education program, a juvenile board
and a county and a commissioners court are immune from liability to
the same extent as a school district, and the juvenile board's or
county's employees and volunteers are immune from liability to the
same extent as a school district's employees and volunteers.
(p) If a district elects to contract with the juvenile board
for placement in the juvenile justice alternative education program
of students expelled under Section 37.007(b), (c), and (f) and the
juvenile board and district are unable to reach an agreement in the
memorandum of understanding, either party may request that the
issues of dispute be referred to a binding arbitration process that
uses a qualified alternative dispute resolution arbitrator in which
each party will pay its pro rata share of the arbitration costs.
Each party must submit its final proposal to the arbitrator. If the
parties cannot agree on an arbitrator, the juvenile board shall
select an arbitrator, the school districts shall select an
arbitrator, and those two arbitrators shall select an arbitrator
who will decide the issues in dispute. An arbitration decision
issued under this subsection is enforceable in a court in the county
in which the juvenile justice alternative education program is
located. Any decision by an arbitrator concerning the amount of the
funding for a student who is expelled and attending a juvenile
justice alternative education program must provide an amount
sufficient based on operation of the juvenile justice alternative
education program in accordance with this chapter. In determining
the amount to be paid by a school district for an expelled student
enrolled in a juvenile justice alternative education program, the
arbitrator shall consider the relevant factors, including evidence
of:
(1) the actual average total per student expenditure
in the district's alternative education setting;
(2) the expected per student cost in the juvenile
justice alternative education program as described and agreed on in
the memorandum of understanding and in compliance with this
chapter; and
(3) the costs necessary to achieve the accountability
goals under this chapter.
(q) In accordance with rules adopted by the board of
trustees for the Teacher Retirement System of Texas, a certified
educator employed by a juvenile board in a juvenile justice
alternative education program shall be eligible for membership and
participation in the system to the same extent that an employee of a
public school district is eligible. The juvenile board shall make
any contribution that otherwise would be the responsibility of the
school district if the person were employed by the school district,
and the state shall make any contribution to the same extent as if
the person were employed by a school district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 9, eff. June 19,
1997; Acts 1997, 75th Leg., ch. 1282, § 1, eff. June 20, 1997;
Acts 1999, 76th Leg., ch. 396, § 2.17, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1225, § 2, eff. June 15, 2001; Acts 2003,
78th Leg., ch. 1055, § 16, eff. June 20, 2003.
§ 37.012. FUNDING OF JUVENILE JUSTICE ALTERNATIVE
EDUCATION PROGRAMS. (a) Subject to Section 37.011(n), the school
district in which a student is enrolled on the date the student is
expelled for conduct for which expulsion is permitted but not
required under Section 37.007 shall, if the student is served by the
juvenile justice alternative education program, provide funding to
the juvenile board for the portion of the school year for which the
juvenile justice alternative education program provides
educational services in an amount determined by the memorandum of
understanding under Section 37.011(k)(2).
(b) Funds received under this section must be expended on
juvenile justice alternative education programs.
(c) The Office of State-Federal Relations shall assist a
local juvenile probation department in identifying additional
state or federal funds to assist local juvenile probation
departments conducting educational or job training programs within
juvenile justice alternative education programs.
(d) A school district is not required to provide funding to
a juvenile board for a student who is assigned by a court to a
juvenile justice alternative education program but who has not been
expelled.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1015, § 10, eff. June 19,
1997; Acts 2003, 78th Leg., ch. 1055, § 17, eff. June 20, 2003.
§ 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
JUVENILE BOARDS. The board of trustees of the school district or
the board's designee shall at the call of the president of the board
of trustees regularly meet with the juvenile board for the county in
which the district's central administrative office is located or
the juvenile board's designee concerning supervision and
rehabilitative services appropriate for expelled students and
students assigned to disciplinary alternative education programs.
Matters for discussion shall include service by probation officers
at the disciplinary alternative education program site,
recruitment of volunteers to serve as mentors and provide tutoring
services, and coordination with other social service agencies.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, § 18, eff. June 20,
2003.
§ 37.014. COURT-RELATED CHILDREN--LIAISON
OFFICERS. Each school district shall appoint at least one educator
to act as liaison officer for court-related children who are
enrolled in the district. The liaison officer shall provide
counselling and services for each court-related child and the
child's parents to establish or reestablish normal attendance and
progress of the child in the school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.015. REPORTS TO LOCAL LAW ENFORCEMENT;
LIABILITY. (a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, or marihuana under Chapter 481,
Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; or
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e).
(b) A person who makes a notification under this section
shall include the name and address of each student the person
believes may have participated in the activity.
(c) A notification is not required under Subsection (a) if
the person reasonably believes that the activity does not
constitute a criminal offense.
(d) The principal of a public or private primary or
secondary school may designate a school employee who is under the
supervision of the principal to make the reports required by this
section.
(e) The person who makes the notification required under
Subsection (a) shall also notify each instructional or support
employee of the school who has regular contact with a student whose
conduct is the subject of the notice.
(f) A person is not liable in civil damages for reporting in
good faith as required by this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 12.05, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1055, § 19, eff. June 20, 2003.
§ 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
teacher, school administrator, or school employee is not liable in
civil damages for reporting to a school administrator or
governmental authority, in the exercise of professional judgment
within the scope of the teacher's, administrator's, or employee's
duties, a student whom the teacher suspects of using, passing, or
selling, on school property:
(1) marihuana or a controlled substance, as defined by
Chapter 481, Health and Safety Code;
(2) a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(3) an abusable glue or aerosol paint, as defined by
Chapter 485, Health and Safety Code, or a volatile chemical, as
listed in Chapter 484, Health and Safety Code, if the substance is
used or sold for the purpose of inhaling its fumes or vapors; or
(4) an alcoholic beverage, as defined by Section 1.04,
Alcoholic Beverage Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.017. DESTRUCTION OF CERTAIN RECORDS. Information
received by a school district under Article 15.27, Code of Criminal
Procedure, may not be attached to the permanent academic file of the
student who is the subject of the report. The school district shall
destroy the information at the end of the school year in which the
report was filed.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.018. INFORMATION FOR EDUCATORS. Each school
district shall provide each teacher and administrator with a copy
of this subchapter and with a copy of the local policy relating to
this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.019. EMERGENCY PLACEMENT OR EXPULSION. (a) This
subchapter does not prevent the principal or the principal's
designee from ordering the immediate placement of a student in a
disciplinary alternative education program if the principal or the
principal's designee reasonably believes the student's behavior is
so unruly, disruptive, or abusive that it seriously interferes with
a teacher's ability to communicate effectively with the students in
a class, with the ability of the student's classmates to learn, or
with the operation of school or a school-sponsored activity.
(b) This subchapter does not prevent the principal or the
principal's designee from ordering the immediate expulsion of a
student if the principal or the principal's designee reasonably
believes that action is necessary to protect persons or property
from imminent harm.
(c) At the time of an emergency placement or expulsion, the
student shall be given oral notice of the reason for the action.
The reason must be a reason for which placement in a disciplinary
alternative education program or expulsion may be made on a
nonemergency basis. Within a reasonable time after the emergency
placement or expulsion, but not later than the 10th day after the
date of the placement or expulsion, the student shall be accorded
the appropriate due process as required under Section 37.009. If
the student subject to the emergency placement or expulsion is a
student with disabilities who receives special education services,
the emergency placement or expulsion is subject to federal law and
regulations and must be consistent with the consequences that would
apply under this subchapter to a student without a disability.
(d) A principal or principal's designee is not liable in
civil damages for an emergency placement under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 767, § 7, eff. June 13,
2001; Acts 2003, 78th Leg., ch. 1055, § 20, eff. June 20, 2003.
§ 37.020. REPORTS RELATING TO EXPULSIONS AND
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a) In
the manner required by the commissioner, each school district shall
annually report to the commissioner the information required by
this section.
(b) For each placement in a disciplinary alternative
education program established under Section 37.008, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the placement was
based on:
(A) conduct violating the student code of conduct
adopted under Section 37.001;
(B) conduct for which a student may be removed
from class under Section 37.002(b);
(C) conduct for which placement in a disciplinary
alternative education program is required by Section 37.006; or
(D) conduct occurring while a student was
enrolled in another district and for which placement in a
disciplinary alternative education program is permitted by Section
37.008(j);
(3) the number of full or partial days the student was
assigned to the program and the number of full or partial days the
student attended the program; and
(4) the number of placements that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
(c) For each expulsion under Section 37.007, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the expulsion was
based on:
(A) conduct for which expulsion is required under
Section 37.007, including information specifically indicating
whether a student was expelled on the basis of Section 37.007(e);
or
(B) conduct for which expulsion is permitted
under Section 37.007;
(3) the number of full or partial days the student was
expelled;
(4) information indicating whether:
(A) the student was placed in a juvenile justice
alternative education program under Section 37.011;
(B) the student was placed in a disciplinary
alternative education program; or
(C) the student was not placed in a juvenile
justice or other disciplinary alternative education program; and
(5) the number of expulsions that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
Added by Acts 1997, 75th Leg., ch. 1015, § 11, eff. June 19,
1997. Amended by Acts 2003, 78th Leg., ch. 1055, § 21, eff. June
20, 2003.
§ 37.021. NOTICE OF DISCIPLINARY ACTION.
Text of section as added by Acts 2003, 78th Leg., ch. 631, § 1
(a) In this section:
(1) "Disciplinary action" means a suspension,
expulsion, placement in an alternative education program, or other
limitation in enrollment eligibility of a student by a district or
school.
(2) "District or school" includes an independent
school district, a home-rule school district, a campus or campus
program charter holder, or an open-enrollment charter school.
(b) If a district or school takes disciplinary action
against a student and the student subsequently enrolls in another
district or school before the expiration of the period of
disciplinary action, the governing body of the district or school
taking the disciplinary action shall provide to the district or
school in which the student enrolls, at the same time other records
of the student are provided, a copy of the order of disciplinary
action.
(c) Subject to Section 37.007(e), the district or school in
which the student enrolls may continue the disciplinary action
under the terms of the order or may allow the student to attend
regular classes without completing the period of disciplinary
action.
Added by Acts 2003, 78th Leg., ch. 631, § 1, eff. June 20, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1055, §
22, see § 37.021, post.
§ 37.021. OPPORTUNITY TO COMPLETE COURSES DURING
IN-SCHOOL AND CERTAIN OTHER PLACEMENTS.
Text of section as added by Acts 2003, 78th Leg., ch. 1055, §22
(a) If a school district removes a student from the regular
classroom and places the student in in-school suspension or another
setting other than a disciplinary alternative education program,
the district shall offer the student the opportunity to complete
before the beginning of the next school year each course in which
the student was enrolled at the time of the removal.
(b) The district may provide the opportunity to complete
courses by any method available, including a correspondence course,
distance learning, or summer school.
Added by Acts 2003, 78th Leg., ch. 1055, § 22, eff. June 20,
2003.
For text of section as added by Acts 2003, 78th Leg., ch. 631, §
1, see § 37.021, ante.
SUBCHAPTER B. SCHOOL-COMMUNITY GUIDANCE CENTERS
§ 37.051. ESTABLISHMENT. Each school district may
establish a school-community guidance center designed to locate and
assist children with problems that interfere with education,
including juvenile offenders and children with severe behavioral
problems or character disorders. Each center shall coordinate the
efforts of school district personnel, local police departments,
school attendance officers, and probation officers in working with
students, dropouts, and parents in identifying and correcting
factors that adversely affect the education of the children.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.052. COOPERATIVE PROGRAMS. The board of trustees
of a school district may develop cooperative programs with state
youth agencies for children found to have engaged in delinquent
conduct.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.053. COOPERATION OF GOVERNMENTAL
AGENCIES. (a) Each governmental agency that is concerned with
children and that has jurisdiction in the school district shall
cooperate with the school-community guidance centers on the request
of the superintendent of the district and shall designate a liaison
to work with the centers in identifying and correcting problems
affecting school-age children in the district.
(b) The governmental agency may establish or finance a
school-community guidance center jointly with the school district
according to terms approved by the governing body of each entity
participating in the joint establishment or financing of the
center.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.054. PARENTAL NOTICE, CONSENT, AND ACCESS TO
INFORMATION. (a) Before a student is admitted to a
school-community guidance center, the administrator of the center
must notify the student's parent or guardian that the student has
been assigned to attend the center.
(b) The notification must include:
(1) the reason that the student has been assigned to
the center;
(2) a statement that on request the parent or guardian
is entitled to be fully informed in writing of any treatment method
or testing program involving the student; and
(3) a statement that the parent or guardian may
request to be advised and to give written, signed consent for any
psychological testing or treatment involving the student.
(c) If, after notification, a parent refuses to consent to
testing or treatment of the student, the center may not provide any
further psychological treatment or testing.
(d) A parent or guardian of a student attending a center is
entitled to inspect:
(1) any instructional or guidance material to be used
by the student, including teachers' manuals, tapes, and films; and
(2) the results of any treatment, testing, or guidance
method involving the student.
(e) The administrator of the center may set a schedule for
inspection of materials that allows reasonable access but does not
interfere with the conduct of classes or business activities of the
school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.055. PARENTAL INVOLVEMENT. (a) On admitting a
student to a school-community guidance center, a representative of
the school district, the student, and the student's parent shall
develop an agreement that specifies the responsibilities of the
parent and the student. The agreement must include:
(1) a statement of the student's behavioral and
learning objectives;
(2) a requirement that the parent attend specified
meetings and conferences for teacher review of the student's
progress; and
(3) the parent's acknowledgement that the parent
understands and accepts the responsibilities imposed by the
agreement regarding attendance at meetings and conferences and
assistance in meeting other objectives, defined by the district, to
aid student remediation.
(b) The superintendent of the school district may obtain a
court order from a district court in the school district requiring a
parent to comply with an agreement made under this section. A
parent who violates a court order issued under this subsection may
be punished for contempt of court.
(c) In this section, "parent" includes a legal guardian.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.056. COURT SUPERVISION. (a) In this section,
"court" means a juvenile court or alternate juvenile court
designated under Chapter 51, Family Code. The court may delegate
responsibility under this section to a referee appointed under
Section 51.04, Family Code.
(b) If a representative of the school district, the student,
and the parent or guardian for any reason fail to reach an agreement
under Section 37.055, the court may, on the request of any party and
after a hearing, enter an order establishing the responsibilities
and duties of each of the parties as the court considers
appropriate.
(c) The court may compel attendance at any hearing held
under this section through any legal process, including subpoena
and habeas corpus.
(d) If the parties reach an agreement under Section 37.055,
and if the written agreement so provides, the court may enter an
order that incorporates the terms of the agreement.
(e) Any party who violates an order issued under this
section may be punished for contempt of court.
(f) A school district may enter into an agreement to share
the costs incurred by a county under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. LAW AND ORDER
§ 37.081. SCHOOL DISTRICT PEACE OFFICERS AND SECURITY
PERSONNEL. (a) The board of trustees of any school district may
employ security personnel and may commission peace officers to
carry out this subchapter. If a board of trustees authorizes a
person employed as security personnel to carry a weapon, the person
must be a commissioned peace officer. The jurisdiction of a peace
officer or security personnel under this section shall be
determined by the board of trustees and may include all territory in
the boundaries of the school district and all property outside the
boundaries of the district that is owned, leased, or rented by or
otherwise under the control of the school district and the board of
trustees that employ the peace officer or security personnel.
(b) In a peace officer's jurisdiction, a peace officer
commissioned under this section:
(1) has the powers, privileges, and immunities of
peace officers;
(2) may enforce all laws, including municipal
ordinances, county ordinances, and state laws; and
(3) may, in accordance with Chapter 52, Family Code,
take a juvenile into custody.
(c) A school district peace officer may provide assistance
to another law enforcement agency. A school district may contract
with a political subdivision for the jurisdiction of a school
district peace officer to include all territory in the jurisdiction
of the political subdivision.
(d) A school district peace officer shall perform
administrative and law enforcement duties for the school district
as determined by the board of trustees of the school district.
Those duties must include protecting:
(1) the safety and welfare of any person in the
jurisdiction of the peace officer; and
(2) the property of the school district.
(e) The board of trustees of the district shall determine
the scope of the on-duty and off-duty law enforcement activities of
school district peace officers. A school district must authorize
in writing any off-duty law enforcement activities performed by a
school district peace officer.
(f) The chief of police of the school district police
department shall be accountable to the superintendent and shall
report to the superintendent or the superintendent's designee.
School district police officers shall be supervised by the chief of
police of the school district or the chief of police's designee and
shall be licensed by the Commission on Law Enforcement Officer
Standards and Education.
(g) A school district police department and the law
enforcement agencies with which it has overlapping jurisdiction
shall enter into a memorandum of understanding that outlines
reasonable communication and coordination efforts between the
department and the agencies.
(h) A peace officer assigned to duty and commissioned under
this section shall take and file the oath required of peace officers
and shall execute and file a bond in the sum of $1,000, payable to
the board of trustees, with two or more sureties, conditioned that
the peace officer will fairly, impartially, and faithfully perform
all the duties that may be required of the peace officer by law. The
bond may be sued on in the name of any person injured until the whole
amount of the bond is recovered. Any peace officer commissioned
under this section must meet all minimum standards for peace
officers established by the Commission on Law Enforcement Officer
Standards and Education.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.082. POSSESSION OF PAGING DEVICES. (a) The board
of trustees of a school district may adopt a policy prohibiting a
student from possessing a paging device while on school property or
while attending a school-sponsored or school-related activity on or
off school property. The policy may establish disciplinary
measures to be imposed for violation of the prohibition and may
provide for confiscation of the paging device.
(b) The policy may provide for the district to:
(1) dispose of a confiscated paging device in any
reasonable manner after having provided the student's parent and
the company whose name and address or telephone number appear on the
device 30 days' prior notice of its intent to dispose of that
device. The notice shall include the serial number of the device
and may be made by telephone, telegraph, or in writing; and
(2) charge the owner of the device or the student's
parent an administrative fee not to exceed $15 before it releases
the device.
(c) In this section, "paging device" means a
telecommunications device that emits an audible signal, vibrates,
displays a message, or otherwise summons or delivers a
communication to the possessor.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.083. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL
HARASSMENT POLICIES. (a) Each school district shall adopt and
implement a discipline management program to be included in the
district improvement plan under Section 11.252.
(b) Each school district may develop and implement a sexual
harassment policy to be included in the district improvement plan
under Section 11.252.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.084. INTERAGENCY SHARING OF RECORDS. (a) A
school district superintendent or the superintendent's designee
may disclose information contained in a student's educational
records to a juvenile justice agency, as that term is defined by
Section 58.101, Family Code, if the disclosure is under an
interagency agreement authorized by Section 58.0051, Family Code.
(b) The commissioner may enter into an interagency
agreement to share educational information for research and
analytical purposes with the:
(1) Texas Juvenile Probation Commission;
(2) Texas Youth Commission;
(3) Texas Department of Criminal Justice; and
(4) Criminal Justice Policy Council.
(c) This section does not require or authorize release of
student-level information except in conformity with the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g), as amended.
Added by Acts 1999, 76th Leg., ch. 217, § 2, eff. May 24, 1999.
SUBCHAPTER D. PROTECTION OF BUILDINGS AND GROUNDS
§ 37.101. APPLICABILITY OF CRIMINAL LAWS. The criminal
laws of the state apply in the areas under the control and
jurisdiction of the board of trustees of any school district in this
state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.102. RULES; PENALTY. (a) The board of trustees
of a school district may adopt rules for the safety and welfare of
students, employees, and property and other rules it considers
necessary to carry out this subchapter and the governance of the
district, including rules providing for the operation and parking
of vehicles on school property. The board may adopt and charge a
reasonable fee for parking and for providing traffic control.
(b) A law or ordinance regulating traffic on a public
highway or street applies to the operation of a vehicle on school
property, except as modified by this subchapter.
(c) A person who violates this subchapter or any rule
adopted under this subchapter commits an offense. An offense under
this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.103. ENFORCEMENT OF RULES. Notwithstanding any
other provision of this subchapter, the board of trustees of a
school district may authorize any officer commissioned by the board
to enforce rules adopted by the board. This subchapter is not
intended to restrict the authority of each district to adopt and
enforce appropriate rules for the orderly conduct of the district
in carrying out its purposes and objectives or the right of separate
jurisdiction relating to the conduct of its students and personnel.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.104. COURTS HAVING JURISDICTION. The judge of a
municipal court of a municipality in which, or any justice of the
peace of a county in which, property under the control and
jurisdiction of a school district is located may hear and determine
criminal cases involving violations of this subchapter or rules
adopted under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY,
EJECTION, IDENTIFICATION. The board of trustees of a school
district or its authorized representative may refuse to allow a
person without legitimate business to enter on property under the
board's control and may eject any undesirable person from the
property on the person's refusal to leave peaceably on request.
Identification may be required of any person on the property.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.106. VEHICLE IDENTIFICATION INSIGNIA. The board
of trustees of a school district may provide for the issuance and
use of suitable vehicle identification insignia. The board may bar
or suspend a person from driving or parking a vehicle on any school
property as a result of the person's violation of any rule adopted
by the board or of this subchapter. Reinstatement of the privileges
may be permitted and a reasonable fee assessed.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.107. TRESPASS ON SCHOOL GROUNDS. An unauthorized
person who trespasses on the grounds of any school district of this
state commits an offense. An offense under this section is a Class
C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER E. PENAL PROVISIONS
§ 37.121. FRATERNITIES, SORORITIES, SECRET SOCIETIES,
AND GANGS. (a) A person commits an offense if the person:
(1) is a member of, pledges to become a member of,
joins, or solicits another person to join or pledge to become a
member of a public school fraternity, sorority, secret society, or
gang; or
(2) is not enrolled in a public school and solicits
another person to attend a meeting of a public school fraternity,
sorority, secret society, or gang or a meeting at which membership
in one of those groups is encouraged.
(b) A school district board of trustees or an educator shall
recommend placing in a disciplinary alternative education program
any student under the person's control who violates Subsection (a).
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "public school fraternity, sorority,
secret society, or gang" means an organization composed wholly or
in part of students of public primary or secondary schools that
seeks to perpetuate itself by taking in additional members from the
students enrolled in school on the basis of the decision of its
membership rather than on the free choice of a student in the school
who is qualified by the rules of the school to fill the special aims
of the organization. The term does not include an agency for public
welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay,
Rainbow Girls, Pan-American Clubs, scholarship societies, or other
similar educational organizations sponsored by state or national
education authorities.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1055, § 23, eff. June 20,
2003.
§ 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL
GROUNDS. (a) A person commits an offense if the person possesses
an intoxicating beverage for consumption, sale, or distribution
while:
(1) on the grounds or in a building of a public school;
or
(2) entering or inside any enclosure, field, or
stadium where an athletic event sponsored or participated in by a
public school of this state is being held.
(b) An officer of this state who sees a person violating
this section shall immediately seize the intoxicating beverage and,
within a reasonable time, deliver it to the county or district
attorney to be held as evidence until the trial of the accused
possessor.
(c) An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.123. DISRUPTIVE ACTIVITIES. (a) A person commits
an offense if the person, alone or in concert with others,
intentionally engages in disruptive activity on the campus or
property of any private or public school.
(b) For purposes of this section, disruptive activity is:
(1) obstructing or restraining the passage of persons
in an exit, entrance, or hallway of a building without the
authorization of the administration of the school;
(2) seizing control of a building or portion of a
building to interfere with an administrative, educational,
research, or other authorized activity;
(3) preventing or attempting to prevent by force or
violence or the threat of force or violence a lawful assembly
authorized by the school administration so that a person attempting
to participate in the assembly is unable to participate due to the
use of force or violence or due to a reasonable fear that force or
violence is likely to occur;
(4) disrupting by force or violence or the threat of
force or violence a lawful assembly in progress; or
(5) obstructing or restraining the passage of a person
at an exit or entrance to the campus or property or preventing or
attempting to prevent by force or violence or by threats of force or
violence the ingress or egress of a person to or from the property
or campus without the authorization of the administration of the
school.
(c) An offense under this section is a Class B misdemeanor.
(d) Any person who is convicted the third time of violating
this section is ineligible to attend any institution of higher
education receiving funds from this state before the second
anniversary of the third conviction.
(e) This section may not be construed to infringe on any
right of free speech or expression guaranteed by the constitution
of the United States or of this state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 37.124. DISRUPTION OF CLASSES. (a) A person commits
an offense if the person, on school property or on public property
within 500 feet of school property, alone or in concert with others,
intentionally disrupts the conduct of classes or other school
activities.
(b) An offense under this section is a Class C misdemeanor.
(c) In this section:
(1) "Disrupting the conduct of classes or other school
activities" includes:
(A) emitting noise of an intensity that prevents
or hinders classroom instruction;
(B) enticing or attempting to entice a student
away from a class or other school activity that the student is
required to attend;
(C) preventing or attempting to prevent a student
from attending a class or other school activity that the student is
required to attend; and
(D) entering a classroom without the consent of
either the principal or the teacher and, through either acts of
misconduct or the use of loud or profane language, disrupting class
activities.
(2) "Public property" includes a street, highway,
alley, public park, or sidewalk.
(3) "School property" includes a public school campus
or school groun
