texas police code of conduct
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. RULES; PENALTY. (6) the following members appointed by the governor with the advice and consent of the senate: (B) a member of a school district's board of trustees; (C) an administrator of a public primary school; (D) an administrator of a public secondary school; (E) a member of the state parent-teacher association; (F) a teacher from a public primary or secondary school; (G) a public school superintendent who is a member of the Texas Association of School Administrators; (H) a school district police officer or a peace officer whose primary duty consists of working in a public school; (I) a professional architect who is registered in this state and a member of the Texas Society of Architects; and. 260, Sec. 1788), Sec. The school district shall destroy the information at the end of the school year in which the report was filed. 1488), Sec. 907), Sec. (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. 1, eff. Renumbered from Education Code, Section 37.021 by Acts 2005, 79th Leg., Ch. (c) Except as otherwise provided by this subsection, the committee shall meet at least once during each academic semester and at least once during the summer. If possible, members of the committee should be representative of the different geographic regions of the state as well as various sized agencies. 1015, Sec. Acts 2005, 79th Leg., Ch. 37.213. 1167 (H.B. Sec. Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 1015, Sec. 156), Sec. 948 (H.B. June 15, 2017. 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. Acts 2009, 81st Leg., R.S., Ch. 3.05, eff. (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), or for conduct that contains the elements of the offense of terroristic threat as described by Section 22.07(c-1), (d), or (e), Penal Code, 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. June 12, 2017. Acts 2017, 85th Leg., R.S., Ch. 1831), Sec. 1913), Sec. 37.085. (b) The school district shall provide the information required under Subsection (a)(3) in writing to each person in attendance at the hearing. June 19, 1997; Acts 2003, 78th Leg., ch. 2195), Sec. June 19, 2009. 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. (i) A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of . 5, eff. 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. (a) A person other than a primary or secondary grade student enrolled in the school 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. September 1, 2007. Each party must submit its final proposal to the arbitrator. (e) The center shall include information regarding the center's efforts under this section in the report required by Section 37.216. June 11, 2001; Acts 2003, 78th Leg., ch. (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. 1, eff. (A) is released to the care of an adult who agrees to assume responsibility for the individual; (B) verbally consents to voluntary treatment for substance use in a program in a treatment facility licensed and approved by the Health and Human Services Commission, and the program admits the individual for treatment; or. Added by Acts 2009, 81st Leg., R.S., Ch. 332), Sec. September 1, 2007. 1, eff. 776 (H.B. 11), Sec. 37.0091. 1.02 AUTHORITY: 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. June 18, 2005. Section 801 et seq. (b) The board of trustees of a school district or the governing body of an open-enrollment charter school may select for appointment as a school marshal under this section an applicant who is an employee of the school district or open-enrollment charter school and certified as eligible for appointment under Section 1701.260, Occupations Code. (h) An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district's employees. June 20, 2003. 1, eff. 504 (H.B. (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. September 1, 2017. 5, eff. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL RESOURCE OFFICERS, AND SECURITY PERSONNEL. (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. To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child. 3), Sec. 997, Sec. Acts 2011, 82nd Leg., R.S., Ch. DISRUPTION OF TRANSPORTATION. Added by Acts 2019, 86th Leg., R.S., Ch. May 30, 1995. (c) amended by Acts 2003, 78th Leg., ch. 1407 (S.B. (5) at conspicuous places reasonably likely to be viewed by all persons entering the premises. 3.02, eff. 614.001. judicial conduct, judicial office, and judicial ethics opinions. 776 (H.B. This subchapter: (1) applies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and. (2) reports an incident of hazing in bad faith or with malice. (e) If practicable, the campus administrator, or the administrator's designee, shall meet with the student's parent or a person standing in parental relation to the student to coordinate plans for the student's transition. (6) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act: (A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity; (B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (C) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or. 37.143. 2, eff. 522 (S.B. 37.218. (d) The Texas Juvenile Justice Department shall coordinate with the commissioner in establishing standards for: (1) ensuring security in the provision of education services in the facilities; and. 2, eff. 3, eff. Acts 2005, 79th Leg., Ch. 37.2161. Acts 2019, 86th Leg., R.S., Ch. 3, eff. 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 31 or 48 if the juvenile justice alternative education program receives funding from the department under this subchapter. June 20, 2003. 15, eff. (2) state that the methods are available at no cost to the student. 221 (H.B. September 1, 2019. 11, eff. 37.0081. (d) A school district shall include in its multihazard emergency operations plan a policy for responding to a train derailment near a district school. 37.081. 3, eff. (b) If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2009. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection. (e) The procedure for reporting bullying established under Subsection (c) must be posted on the district's Internet website to the extent practicable. 37.220. A campus behavior coordinator must comply with this subsection by: (1) promptly contacting the parent or guardian by telephone or in person; and. 37.215. Sec. 1409 (S.B. Sec. Section 794), in accordance with federal law. Sec. MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES. (a) In this section: (1) "Alternative education program" includes: (A) a disciplinary alternative education program operated by a school district or open-enrollment charter school; (B) a juvenile justice alternative education program; and. INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. 3, eff. (4) "Law enforcement duties" means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure. (2) be accompanied by a statement from a school employee stating: (A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and. Sec. June 14, 2019. 1, eff. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. 1251 (H.B. 696 (H.B. (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. (7) any other appropriate school district personnel. 722. Sec. Any peace officer commissioned under this section must meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement. (a) A student or the student's parent or guardian may appeal a decision by a school district board of trustees to place the student in an alternative education program under this subchapter by requesting a conference among the board of trustees, the student's parent or guardian, and the student. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. 1, eff. 2.16, eff. 37.017. 1, eff. (4) a list of persons who provide school safety or security consulting services in this state and are registered in accordance with Section 37.2091. 1150 (H.B. (3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. May 30, 1995. 1280 (H.B. The following section was amended by the 88th Legislature. 1, eff. 1225, Sec. 11), Sec. (a-4) A school district located in a county considered to be a county with a population of 125,000 or less under Subsection (a-3) shall provide educational services to a student who is expelled from school under this chapter. Added by Acts 2005, 79th Leg., Ch. RIGHTS OF OFFICER. 22, eff. 37.209. . (C) whether the exercise will include a live simulation that mimics or appears to be an actual shooting incident; (2) the exercise is announced to students and faculty before the start of the exercise, including, if applicable, an announcement that the exercise will include a live simulation that mimics or appears to be an actual threat, such as a shooting incident; (3) first responder organizations that would likely respond in the event of a false report or alarm are notified regarding the exercise; (4) a safe zone is created around the area in which the exercise will be conducted to keep out actual firearms, ammunition, and other weapons, other than firearms, ammunition, or other weapons carried by a peace officer, school resource officer, or school marshal or any other person authorized by the district to carry those items on school grounds; (A) is age appropriate and developmentally appropriate; (B) has been developed by a team of school administrators, teachers, school-based mental health professionals, and law enforcement officers, with input from parents and students; and, (C) is designed to support the well-being of students who participate in the exercise before, during, and after the exercise is conducted; and. June 20, 2003; Acts 2003, 78th Leg., ch. The student may not be returned to the regular classroom pending the appeal. (a) In this section, "aversive technique" means a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain. 37.121. 522 (S.B. 37.015. 928 (H.B. Sec. 8, eff. 3, eff. 3.042, eff. G. Members of TPCA recognize that they should refrain from all partisan political activities which would impair their ability to serve all segments of their community. Section 1400 et seq.) 1, eff. (e) Any other offense under this section that causes the death of another is a state jail felony. 1720, 88th Legislature, Regular Session, for amendments affecting the following section. 988 (H.B. (a) Except as provided by Section 37.125, a person other than a primary or secondary grade student commits an offense if the person intentionally disrupts, prevents, or interferes with the lawful transportation of children: (1) to or from school on a vehicle owned or operated by a county or independent school district; or. 1549), Sec. June 18, 2021. OFFICERS; MEETINGS; COMPENSATION. (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). Added by Acts 2021, 87th Leg., R.S., Ch. June 18, 2003; Acts 2003, 78th Leg., ch. June 8, 2007. (a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. (i) has been hired by a school district, open-enrollment charter school, or private school to provide security services; or. 11), Sec. 1, eff. (B) contains less than 50 square feet of space. 1055, Sec. 603), Sec. 3597), Sec. (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. (f) Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Chapter 42A, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail. I KNOW that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. ACTIVE THREAT EXERCISES. PLACEMENT OF STUDENTS COMMITTING SEXUAL ASSAULT AGAINST ANOTHER STUDENT. (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. 37.006. 37.0011. The Executive Board may defer investigation of a complaint to the appropriate investigative authority. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. The standards must: (1) include an emphasis on bullying prevention by focusing on school climate and building healthy relationships between students and staff; (2) require each district campus to establish a committee to address bullying by focusing on prevention efforts and health and wellness initiatives; (3) require students at each grade level to meet periodically for instruction on building relationships and preventing bullying, including cyberbullying; (4) include an emphasis on increasing student reporting of bullying incidents to school employees by: (A) increasing awareness about district reporting procedures; and. For purposes of this subsection, "serious misbehavior" means: (1) deliberate violent behavior that poses a direct threat to the health or safety of others; (2) extortion, meaning the gaining of money or other property by force or threat; (3) conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or. Members should conduct themselves so as to maintain public confidence in their profession, their department, and in their performance of the public trust. Acts 2019, 86th Leg., R.S., Ch. 2018), Sec. (e) If three months after the date of the initial notification required by Subsection (d) the district has still not reported the results of its audit to the center, the center shall notify the agency and the district of the district's requirement to conduct a public hearing under Section 37.1081. (l) Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection. (c) In this section, "parent" includes a legal guardian. 1831), Sec. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. 2, eff. Sec. 9:11 PM on Jun 5, 2020 CDT Dallas leaders on Friday announced new policies aimed at reforming the Dallas Police Department after seven days of protests around the country over the death of George. The President will annually appoint a Professional Conduct and Ethics Committee, consisting of a Chairperson, a minimum of five committee members, and a qualified non-voting committee member to serve as legal counsel to the committee. Amended by Acts 1967, 60th Leg., p. 1735, ch. 1, eff. (7) conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e). 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). (a) Not later than January 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, the State Board of Education, and the agency. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (e) A student placed in an alternative setting in accordance with this section is entitled to the periodic review prescribed by Section 37.009(e). A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender. (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. 504 (H.B. (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. 12, eff. Acts 2005, 79th Leg., Ch. A system adopted under this section must include multiple graduated sanctions. September 1, 2017. 1280 (H.B. Acts 2021, 87th Leg., 2nd C.S., Ch. 1, eff. (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). 1127 (S.B. The period of an expulsion may not exceed one year unless, after a review, the district determines that: (2) extended placement is in the best interest of the student. As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice. (a) A person commits an offense if he intentionally or knowingly: 1, eff. Amended by Acts 1987, 70th Leg., ch. 522 (S.B. About | Pending publication of the current statutes, see S.B. Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. Cadets who violate any of these rules of conduct . 426), Sec. Sec. 463 (H.B. Added by Acts 1995, 74th Leg., ch. 1, eff. 1055, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. Texas Occupations Code, Chapter 1702; Statutes and Rules - reflecting 87th Legislation (PDF) Legislation and Rules. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. May 30, 1995. June 20, 2003. Acts 2011, 82nd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. REQUISITES OF COMPLAINT. 22-17, enacted December 13, 2022. (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. SCHOOL SAFETY AND SECURITY COMMITTEE. (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. A parent who violates a court order issued under this subsection may be punished for contempt of court. An offense under this section is a Class C misdemeanor. - Reserved. (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. (2) "Team" means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section. 37.020. 1942), Sec. (7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21. (3) incorporating the findings of district audits in a statewide report on school safety and security made available by the center to the public. Sec. FUNDING OF JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS. June 6, 2019. Acts 2013, 83rd Leg., R.S., Ch. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. 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. (8) the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year. September 1, 2015. 6, eff. (3) the curriculum of the educational program. The district may not charge the student for a course provided under this subsection. (C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may appoint one or more school marshals for each campus. (5) the number and percentage of school personnel trained in: (A) a best-practices program or research-based practice under Section 38.351, including the number and percentage of school personnel trained in: (ii) grief and trauma-informed practices; (B) mental health or psychological first aid for schools; (C) training relating to the safe and supportive school program established under Subsection (b); or. (3) the costs necessary to achieve the accountability goals under this chapter. 258 (S.B. 795 (H.B. D. Members shall not disclose to others or use to further the personal interest of themselves or others, confidential information acquired by them in the course of their official duties. Aug. 31, 1981; Acts 1985, 69th Leg., ch. June 15, 2017. 37.051. Acts 2019, 86th Leg., R.S., Ch. (c) The board shall give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.
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