By:  Tallas                                            H.B. No. 134
       73R659 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the expulsion of a student from a summer program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 21.301(a), (d), and (l), Education Code,
    1-5  are amended to read as follows:
    1-6        (a)  In accordance with rules adopted by the State Board of
    1-7  Education, the board of trustees of a school district or the
    1-8  board's designee may, as provided by this section, suspend a
    1-9  student for a period not to exceed six school days or remove a
   1-10  student to an alternative education program.  Suspension for a
   1-11  total of more than six school days within a semester or summer
   1-12  program is considered an expulsion and may occur only as provided
   1-13  by Section 21.3011 of this code.
   1-14        (d)  Except as provided by this subsection, removal to a
   1-15  supervised alternative education setting may not extend beyond the
   1-16  end of the semester or summer program during which the conduct that
   1-17  directly led to the removal occurred.  If the conduct occurred
   1-18  during the final six-week reporting period of a semester or summer
   1-19  program, the removal may extend beyond the end of that semester or
   1-20  summer program but may not extend beyond the end of the next
   1-21  semester.  The board may permit the student to remain in the
   1-22  alternative program for an additional period agreed on by the
   1-23  student, the student's parent or guardian, the supervisor of the
   1-24  alternative program, and the principal of the student's home school
    2-1  if they agree that the additional period would best serve the
    2-2  student's educational interest.  This subsection does not apply to
    2-3  the placement of a handicapped student in an alternative program in
    2-4  accordance with the decision of an admission, review, and dismissal
    2-5  committee.
    2-6        (l)  A teacher may remove from class a student who has been
    2-7  documented by the teacher to repeatedly interfere with the
    2-8  teacher's ability to communicate effectively with the students in
    2-9  the class.  Not later than the third class day after the day on
   2-10  which the student is removed from the class, the principal shall
   2-11  schedule a hearing among the principal or the principal's designee,
   2-12  a parent or guardian of the student, the teacher, and the student.
   2-13  Following the hearing, and whether or not all requested parties are
   2-14  in attendance after valid attempts to require their attendance, the
   2-15  principal shall suspend the pupil for a period consistent with
   2-16  local policy, not to exceed six school days, place the student in
   2-17  an alternative education program, or place the student back in the
   2-18  class.  If the student is removed a second time under this
   2-19  subsection within the same semester or summer program, the student
   2-20  may be returned to that class only by action of the superintendent
   2-21  at the principal's request.  If the student is removed a third or
   2-22  subsequent time under this subsection within the same semester or
   2-23  summer program, the student may be returned to that class only by
   2-24  action of the district's board of trustees at the request of the
   2-25  superintendent.
   2-26        SECTION 2.  Sections 21.3011(a) and (d), Education Code, are
   2-27  amended to read as follows:
    3-1        (a)  In this section, "expulsion" means suspension of a
    3-2  student from school for more than six school days within a semester
    3-3  or summer program.  The term does not include removal of a student
    3-4  to an alternative education program.
    3-5        (d)  The board or its designee shall set a term for the
    3-6  expulsion.
    3-7              (1)  The expulsion may not extend beyond the end of the
    3-8  regular school term <year> unless the conduct directly leading to
    3-9  the expulsion occurred during the final six-week reporting period
   3-10  of the regular school term <year> or during a summer program, in
   3-11  which case the expulsion may not extend beyond the end of <the
   3-12  current school year but not beyond the end of> the first semester
   3-13  of the next regular school term <year>.
   3-14              (2)  A pupil who is to be expelled for the first time
   3-15  for possession, use, or for being under the influence of an
   3-16  alcoholic beverage as defined in this section may not be expelled
   3-17  beyond the end of the semester, unless the conduct directly leading
   3-18  to the expulsion occurred during the final six-week reporting
   3-19  period of a semester or during a summer program, which may result
   3-20  in expulsion not to extend beyond the end of the next regular
   3-21  semester.
   3-22        SECTION 3.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended,
   3-27  and that this Act take effect and be in force from and after its
    4-1  passage, and it is so enacted.