|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | 
      
        |  | relating to discipline of public school students by school bus | 
      
        |  | drivers. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subsection (a), Section 37.001, Education Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (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, or school | 
      
        |  | bus; | 
      
        |  | (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; and | 
      
        |  | (8)  provide, as appropriate for students at each grade | 
      
        |  | level, methods, including options, for: | 
      
        |  | (A)  managing students in the classroom and on | 
      
        |  | school grounds; | 
      
        |  | (B)  disciplining students; and | 
      
        |  | (C)  preventing and intervening in student | 
      
        |  | discipline problems, including bullying, harassment, and making | 
      
        |  | hit lists. | 
      
        |  | SECTION 2.  Subchapter A, Chapter 37, Education Code, is | 
      
        |  | amended by adding Section 37.0022 to read as follows: | 
      
        |  | Sec. 37.0022.  REMOVAL BY SCHOOL BUS DRIVER.  (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.  The principal shall respond by employing appropriate | 
      
        |  | discipline management techniques consistent with the student code | 
      
        |  | of conduct adopted under Section 37.001. | 
      
        |  | (b)  The driver of a school bus transporting students to or | 
      
        |  | from school or a school-sponsored or school-related activity shall | 
      
        |  | send to the principal for placement in a disciplinary alternative | 
      
        |  | education program or for expulsion, as appropriate, a student who, | 
      
        |  | while on the school bus, engages in conduct described under Section | 
      
        |  | 37.006 or 37.007. | 
      
        |  | (c)  Section 37.004 applies to any placement under this | 
      
        |  | section of a student with a disability who receives special | 
      
        |  | education services. | 
      
        |  | SECTION 3.  This Act applies beginning with the 2013-2014 | 
      
        |  | school year. | 
      
        |  | SECTION 4.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2013. | 
      
        |  |  | 
      
        |  | * * * * * |