Texas Attorney General Opinion: JC-446 Page: 3 of 5
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Mr. Jim Nelson - Page 3
school property ... or while attending a school-sponsored or school-related activity on or off of
school property," but also encompasses acts committed "within 300 feet of school property, as
measured from any point on the school's real property boundary line." Your question is therefore
whether a school district is required to expel a student whose conduct: (1) constitutes a felony; (2)
would require removal under subparts 37.006(a)(2)(C) or (D); (3) does not occur on school property
or while attending a school-sponsored or school-related activity on or off of school property; and
(4) does occur within 300 feet of school property as defined in subdivision 37.006(a)(2).
In our opinion, the answer is governed by the plain language of the statute. The Code
Construction Act provides that words "shall be given their ordinary meaning." TEX. GOV'T CODE
ANN. 312.002 (Vernon 1998). A literal reading of a statute will be used as the standard for
interpretation unless the literal text is unclear or would lead to an absurd result. See State v. Webb,
12 S.W.3d 808, 811 (Tex. Crim. App. 2000); City of San Antonio v. Bullock, 34 S.W.3d 650, 655
(Tex. App.-San Antonio 2000, pet. denied) ("A fundamental rule of statutory construction is that
a court should first ascertain the Legislature's intent in enacting the statute as expressed in its plain
language.").
Subdivision 37.007(a)(3) requires mandatory expulsion for the conduct specified in subparts
37.006(a)(2)(C) or (D), provided the conduct described is a felony. Some of the acts listed in
subparts (C) and (D) are felonies, and some are misdemeanors. The issue, however, is whether, by
referring to section 37.006, subdivision 37.007(a)(3) incorporates activities occurring within 300 feet
of school property. It clearly does not, for two reasons. First, subdivision 37.007(a)(3) refers to
conduct rather than to geographical location. "Conduct," in the referenced context, refers to a
"manner of conducting oneself or one's life; behaviour." III OXFORD ENGLISH DICTIONARY 690 (2d
ed. 1989). The "conduct" referred to consists of, on the one hand, selling, giving, or delivering to
another person, or possessing or using, marihuana or other such substances; and on the other, selling,
giving, or delivering to another person an alcoholic beverage, committing a serious offense under
the influence of alcohol, or possessing, using, or being under the influence of an alcoholic beverage.
Such conduct does not encompass the location where that conduct occurs.
Secondly, and most significantly, subdivision 37.007(a)(3) is a part of, and is circumscribed
by, subsection 37.007(a). Subsection 37.007(a) limits mandatory expulsion to acts occurring "on
school property or while attending a school-sponsored or school-related activity on or off of school
property." It does not comprehend acts that occur merely "within 300 feet of school property."
Thus, we answer your question in the negative. A school district is not required to expel a student
whose conduct (1) constitutes a felony; (2) would require removal under subparts 37.006(a)(2)(C)
or (D); (3) does not occur on school property or while attending a school-sponsored or school-related
activity on or offofschool property; and (4) does occur within 300 feet of school property as defined
in subdivision 37.006(a)(2).
We note that section 37.019 of the Education Code may provide a means of expulsion in
emergency situations not contemplated by section 37.007. That provision permits a school district
to expel a student immediately "if the principal or the principal's designee reasonably believes that(JC-0446)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-446, text, December 27, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274755/m1/3/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.