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House Bill 968 |
House Author: Strama |
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Effective: 6-17-11 |
Senate Sponsor: Watson |
House Bill 968 amends the Education Code to expand the conditions requiring a student's removal from class and placement in a disciplinary alternative education program (DAEP) based on off-campus conduct occurring while the student is not in attendance at a school-sponsored or school-related activity to include the student's deferred prosecution for a felony offense of aggravated robbery; a court or jury finding that the student has engaged in delinquent conduct defined as the felony offense of aggravated robbery; or reasonable belief by the school district superintendent or the superintendent's designee that the student has engaged in a felony offense of aggravated robbery. The bill also expands the conditions authorizing a student's expulsion and placement in a juvenile justice alternative education program or DAEP, as applicable, after due process, to include a deferred prosecution or a court or jury finding as described above as well as a charge, referral to juvenile court, placement on probation or receipt of deferred adjudication, conviction, or arrest for the felony offense of aggravated robbery if the school district board of trustees or the board's designee determines that the student's presence in the classroom is a threat to safety, detrimental to the educational process, or not in other district students' best interest.
Current law authorizes the expulsion of a student if the student, while placed in a DAEP, continues to engage in serious or persistent misbehavior that violates the school district's student code of conduct. House Bill 968 instead authorizes the expulsion of a student if the student, while placed in a DAEP, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions and establishes the behaviors that constitute serious misbehavior.