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In addition to establishing standards for student conduct, the student code of conduct must:(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:(A) self-defense;(B) intent or lack of intent at the time the student engaged in the conduct;(C) a student's disciplinary history; or(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;(5) provide guidelines for setting the length of a term of:(A) a removal under Section 37.006; and(B) an expulsion under Section 37.007;(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;(8) provide, as appropriate for students at each grade level, methods, including options, for:(A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;(B) disciplining students; and(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; and(9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h).(b) In this section:(1) "Bullying" has the meaning assigned by Section 37.0832.(2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety.(3) "Hit list" means a list of people targeted to be harmed, using:(A) a firearm, as defined by Section 46.01(3), Penal Code;(B) a knife, as defined by Section 46.01(7), Penal Code; or(C) any other object to be used with intent to cause bodily harm.(b-1) The methods adopted under Subsection (a)(8) must provide that a student who is enrolled in a special education program under Subchapter A, Chapter 29, may not be disciplined for conduct prohibited in accordance with Subsection (a)(7) until an admission, review, and dismissal committee meeting has been held to review the conduct.(c) Once the student code of conduct is promulgated, any change or amendment must be approved by the board of trustees.(d) Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.(e) Except as provided by Section 37.007(e), this subchapter does not require the student code of conduct to specify a minimum term of a removal under Section 37.006 or an expulsion under Section 37.007. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal.

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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.

The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001.(b) Section 37.004 applies to any placement under Subsection (a) of a student with a disability who receives special education services.

A campus behavior coordinator must comply with this subsection by:(1) promptly contacting the parent or guardian by telephone or in person; and(2) making a good faith effort to provide written notice of the disciplinary action to the student, on the day the action is taken, for delivery to the student's parent or guardian.(e) If a parent or guardian entitled to notice under Subsection (d) has not been reached by telephone or in person by 5 p.m.

Unless otherwise provided by campus or district policy:(1) a duty imposed on a campus principal or other campus administrator under this subchapter shall be performed by the campus behavior coordinator; and(2) a power granted to a campus principal or other campus administrator under this subchapter may be exercised by the campus behavior coordinator.(d) The campus behavior coordinator shall promptly notify a student's parent or guardian as provided by this subsection if under this subchapter the student is placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled, or placed in a juvenile justice alternative education program or is taken into custody by a law enforcement officer.

If the student's behavior does not improve, the campus behavior coordinator shall employ alternative discipline management techniques, including any progressive interventions designated as the responsibility of the campus behavior coordinator in the student code of conduct.(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 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.

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(5) provide behavior management strategies, including:(A) positive behavioral intervention and support;(B) trauma-informed practices;(C) social and emotional learning;(D) a referral for services, as necessary; and(E) restorative practices.(b) Each school district and open-enrollment charter school may annually conduct training for staff employed by the district or school on the program adopted under Subsection (a).

(a) Each school district and open-enrollment charter school may develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) and is not subject to Section 37.005(c).

(a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus.

Members shall be appointed as follows:(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and(2) the principal shall choose one member from the professional staff of a campus.(b) The teacher refusing to readmit the student may not serve on the committee.(c) The committee's placement determination regarding a student with a disability who receives special education services under Subchapter A, Chapter 29, is subject to the requirements of the Individuals with Disabilities Education Act (20 U.

The student may not be returned to the regular classroom pending the appeal.(k) Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).(l) Notwithstanding any other provision of this code, other than Section 37.007(e)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.(m) Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.007 for the same conduct for which removal would be required.(n) A principal or other appropriate administrator may but is not required to remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.(o) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a principal or a principal's designee shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct.

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