1, eff. (d) The agency shall provide each school without charge the number of warning signs required to comply with this section and rules adopted under this section. Sec. (2) complies with the student's individualized education program or behavior intervention plan. (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: (h) A person is not liable in civil damages for a referral to juvenile court as required by this section. (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. (1) a juvenile justice alternative education program, if the school district is located in a county that operates a juvenile justice alternative education program or the school district contracts with the juvenile board of another county for the provision of a juvenile justice alternative education program; or. September 1, 2013. 3, eff. 4, eff. Acts 2009, 81st Leg., R.S., Ch. 1225, Sec. DIVISION 1. (a) The center, in coordination with the agency, shall develop model policies and procedures to assist school districts in establishing and training threat assessment teams. June 10, 2019. 1225, Sec. June 20, 2003. (4) assistance in developing a multihazard emergency operations plan for adoption under Section 37.108. 1, eff. (b) At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. 6.11, eff. (a) The center shall establish a random or need-based cycle for the center's review and verification of school district and public junior college district multihazard emergency operations plans adopted under Section 37.108. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. September 1, 2021. 691 (H.B. 1, eff. (d-2) A school district may not assign or require as duties of a school district peace officer, a school resource officer, or security personnel: (1) routine student discipline or school administrative tasks; or. 4, eff. (k) A team must report to the agency in accordance with guidelines developed by the agency the following information regarding the team's activities and other information for each school district campus the team serves: (1) the occupation of each person appointed to the team; (2) the number of threats and a description of the type of the threats reported to the team; (3) the outcome of each assessment made by the team, including: (A) any disciplinary action taken, including a change in school placement; (B) any action taken by law enforcement; or. June 20, 2003. Acts 2017, 85th Leg., R.S., Ch. 4559, 88th Legislature, Regular Session, for amendments affecting the following section. 3, eff. (3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B). (3) selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of: (A) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. The district is entitled to count the student in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 37.305. 948 (H.B. June 17, 2011. 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. 1, eff. (a) A peace officer, law enforcement officer, or school resource officer may not issue a citation to a child who is alleged to have committed a school offense. September 1, 2005. Sec. (9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h). 7, eff. 1488), Sec. 278), Sec. Police 10 codes are a common form of communication for LEOs. September 1, 2013. 1, eff. (B) stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center. Sept. 1, 2003. 37.106. 12, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. PDF Code of Ethics - City of Houston eGovernment Center 1176 (S.B. (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. 3012), Sec. Sec. Texas Administrative Code - Secretary of State of Texas Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (iii) educators and other district personnel as determined by the district; (D) include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and, (7) a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; and. 1, eff. 3, eff. Section 921, to school. 1, eff. (C) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. (G) engages in conduct that contains the elements of the offense of harassment under Section 42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school district. 1409 (S.B. (c) Each person providing school safety or security consulting services in this state shall register with the center in accordance with requirements established by the center. Added by Acts 1995, 74th Leg., ch. Acts 2021, 87th Leg., 2nd C.S., Ch. 614.001. 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. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM. (h) If a parent or guardian of a student enrolled at a private school inquires in writing, the school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. Annually the Texas Juvenile Justice Department, with the agreement of the commissioner, shall develop and implement a system of accountability consistent with Chapters 39 and 39A, where appropriate, to assure that students make progress toward grade level while attending a juvenile justice alternative education program. INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. Art. 260, Sec. 1043 (H.B. 788 (S.B. 1114), Sec. September 1, 2005. (2) a court orders the placement of the student in a juvenile justice alternative education program. (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) 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. June 14, 2013. Pending publication of the current statutes, see H.B. (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. June 19, 2015. (2) the juvenile board shall determine the actual cost each day of the program based on the board's annual audit. 9, eff. Legal Ethics and Professional Misconduct - Home - Guides at Texas State (c) A decision by the board of trustees under this section is final and may not be appealed. Added by Acts 2007, 80th Leg., R.S., Ch. 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. 1, eff. (c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. In this subchapter: (B) at least 10 years of age and younger than 18 years of age. In this subchapter, "center" means the Texas School Safety Center. 1525), Sec. May 30, 1995. 2, eff. September 1, 2005. September 1, 2007. 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. June 12, 2017. 1, eff. PENAL CODE TITLE 8. 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. (5) the following admonishment, in boldfaced or underlined type or in capital letters: "If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. PARENTAL INVOLVEMENT. Sec. May 24, 2019. 37.308. 19, eff. 1, eff. (d) Any security personnel employed by a school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by the security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. June 14, 2019. 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. OFFENSE WITHIN VIEW. (4) whether the student has successfully completed any court disposition requirements imposed in connection with the conduct. Sec. 829, Sec. C. Members shall not invest or hold any investment, directly or indirectly in any business, commercial or other private transaction which creates a conflict with their official duties. May 24, 1999. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. 1143), Sec. Sec. 37.212. (6) the implementation of a safety and security audit as required by Subsection (b). USE OF CORPORAL PUNISHMENT. (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. 1280 (H.B. Pending publication of the current statutes, see H.B. Occupations Code Chapter 1701. Law Enforcement Officers 37.0831. Sec. 3.02, eff. (2) the student has engaged in serious or persistent misbehavior that violates the district's student code of conduct. 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). (4) notice from the board of trustees of the district or the governing body of the charter school that the employee's services as school marshal are no longer required. Code of OrdinancesSupplement 31Online content updated on February 24, 2023. 20, eff. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. 1, eff. May 30, 1995. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security and the commissioner of education or commissioner of higher education, as applicable. 5.011, eff. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. 1114), Sec. 915 (H.B. FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND GANGS. (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. (b) The offense of failing to report is a Class B misdemeanor. 1055, Sec. 171), Sec. (a) A teacher may send a student to the campus behavior coordinator's office to maintain effective discipline in the classroom. Acts 2005, 79th Leg., Ch. (f) A private school employee's status as a school marshal becomes inactive on: (3) termination of the employee's employment with the private school; or. 2, eff. 108), Sec. (d-3) This section does not prohibit a school district peace officer, a school resource officer, or security personnel from informal contact with a student unrelated to: (1) the assigned duties of the officer or security personnel; or. 1267 (S.B. Amended by Acts 2001, 77th Leg., ch. The campus behavior coordinator shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001 that can reasonably be expected to improve the student's behavior before returning the student to the classroom. Added by Acts 2001, 77th Leg., ch. Texas Police Association, Established 1895 341.001. 734 (H.B. 37.007. SCHOOL SAFETY AND SECURITY COMMITTEE. (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. The program must: (1) be age-appropriate and research-based; (2) provide models for positive behavior; (3) promote a positive school environment; (4) provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and. H. The members of TPCA recognize that their position requires them to provide leadership by example, to include adherence to all city and department written directives, as applicable. (2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety. (c) amended by Acts 1987, 70th Leg., ch. (b) Subsection (a)(4) may not be construed to prohibit a parent, legal guardian, or other person acting on a parent's or legal guardian's behalf from transporting or storing in the person's motor vehicle a firearm, ammunition, or other weapon that the person is legally authorized to possess while the person is picking up a child from school. (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. 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. June 20, 2003. SCHOOL MARSHALS: PRIVATE SCHOOLS. 4, eff. (a) In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee. (b) The center, in consultation with the office of the attorney general, shall develop programs for use by school districts that address: (1) the possible legal consequences, including criminal penalties, of sharing visual material depicting a minor engaged in sexual conduct; (2) other possible consequences of sharing visual material depicting a minor engaged in sexual conduct, including: (B) loss of educational and employment opportunities; and. (b) The center shall establish a registry of persons providing school safety or security consulting services in this state. The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. The following section was amended by the 88th Legislature. (b) The commissioner may enter into an interagency agreement to share educational information for research and analytical purposes with the: (1) Texas Juvenile Justice Department; and. A listing of . Acts 1965, 59th Leg., vol. COOPERATION OF GOVERNMENTAL AGENCIES. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. 6.006, eff. 1015, Sec. REMOVAL BY TEACHER. 1, eff. 179), Sec. 1280 (H.B. 37.214. Section 801 et seq. control of the conduct of all members of the Police Department of the City of San Antonio, Texas. 260, Sec. Sec. The campus behavior coordinator may coordinate with the school district's homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. 11), Sec. (d) The center shall verify the information provided by a person under Subsection (c) to confirm the person's qualifications and ability to provide school safety or security consulting services before adding the person to the registry. 17, eff. (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. 1, eff. 351), Sec. Sec. 767, Sec. 37.205. 3, eff. Code of Criminal Procedure Chapter 14. Arrest Without Warrant Added by Acts 1989, 71st Leg., ch. This includes consistently employing propriety and discretion in their personal lives that reflects favorably on themselves as professionals and the law enforcement agency that they represent. ", Website design, hosting and maintenance by McWhorter Technologies. (C) verbally consents to voluntary admission to a facility that provides a place for individuals to become sober under supervision, and the facility admits the individual for supervision. (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. 1409 (S.B. 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. 2018), Sec. 58, eff. Sec. 359), Sec. (B) relevant health and safety standards; (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; and. Amended by Acts 2003, 78th Leg., ch. 2, eff. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 900, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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 Justice Department for review and comment. A. 308), Sec. 3, eff. 114, 88th Legislature, Regular Session, for amendments affecting the following section. June 19, 1997; Acts 1997, 75th Leg., ch. Sec. May 30, 1995. 1), Sec. 1055, Sec. 91), Sec. June 20, 2003. 2, eff. May 30, 1995. 1831), Sec. 2432), Sec. 10, eff. 1132 (S.B. 809 (H.B. 11), Sec. Added by Acts 1995, 74th Leg., ch. 1240 (H.B. 4, eff. A team may serve more than one campus of a school district, provided that each district campus is assigned a team. (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. COMPLAINT. 1, eff. 1, eff. (b) If the school district board of trustees determines at the conclusion of the conference that the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, the student is subject to placement in an alternative education program in the manner provided by this subchapter. (c) Each school district shall maintain a record of each verbal warning issued under Subsection (a)(2)(A), including the name of the person to whom the warning was issued and the date of issuance. (h) This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer: (1) is employed or commissioned by a school district; or.
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