Dallas County Juvenile Justice Alternative Education Program (DCJJAEP)
Mandatory Expulsions |
Discretionary Expulsions |
|
Texas Education CodeSection 37.007 (a) (d) and (e) |
Texas Education CodeSection 37.007 (b) (c) and (f) |
§ 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;
(D) engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05, Penal Code;
(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.