By Goodman H.B. No. 658
74R1702 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative education programs in public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 21.301 and 21.3011, Education Code, are
1-5 amended to read as follows:
1-6 Sec. 21.301. Suspension of Students<; Removal to Alternative
1-7 Education Programs>. (a) In accordance with rules adopted by the
1-8 State Board of Education, the board of trustees of a school
1-9 district or the board's designee may, as provided by this section,
1-10 suspend a student for a period not to exceed six school days <or
1-11 remove a student to an alternative education program>. A student
1-12 who is suspended shall be removed from the regular classroom to an
1-13 alternative setting on or off of the school campus and provided
1-14 with supervision, counseling, and the student's regular academic
1-15 program. <Suspension for a total of more than six school days
1-16 within a semester is considered an expulsion and may occur only as
1-17 provided by Section 21.3011 of this code.>
1-18 (b) Before it may suspend a student <or remove a student to
1-19 an alternative education program>, the board or the board's
1-20 designee must determine:
1-21 (1) that the student's presence in the regular
1-22 classroom program or at the home campus presents a danger of
1-23 physical harm to the student or to other individuals; or
1-24 (2) that the student has engaged in serious or
2-1 persistent misbehavior that violates the district's previously
2-2 communicated standards of student conduct.
2-3 (c) Before suspending a student, the board or its designee
2-4 shall consider reasonable alternatives, including appropriate
2-5 discipline management techniques <which may include removal to an
2-6 alternative education program>. If the board or its designee
2-7 determines that suspension is the most appropriate available
2-8 alternative, the board or the board's designee is not required to
2-9 precede the suspension with another disciplinary action.
2-10 (d) <Except as provided by this subsection, removal to a
2-11 supervised alternative education setting may not extend beyond the
2-12 end of the semester during which the conduct that directly led to
2-13 the removal occurred. If the conduct occurred during the final
2-14 six-week reporting period of a semester, the removal may extend
2-15 beyond the end of that semester but may not extend beyond the end
2-16 of the next semester. The board may permit the student to remain
2-17 in the alternative program for an additional period agreed on by
2-18 the student, the student's parent or guardian, the supervisor of
2-19 the alternative program, and the principal of the student's home
2-20 school if they agree that the additional period would best serve
2-21 the student's educational interest. This subsection does not apply
2-22 to the placement of a student with disabilities in an alternative
2-23 program in accordance with the decision of an admission, review,
2-24 and dismissal committee.>
2-25 <(e) If the decision to remove a student to an alternative
2-26 education program is made by the board's designee, that decision
2-27 may be appealed to the board. The student may be removed to the
3-1 alternative education program pending appeal to the board.>
3-2 <(f)> A student's parent or guardian is entitled to notice
3-3 as soon as reasonably possible of a suspension <or removal of a
3-4 student to an alternative education program> and an opportunity to
3-5 participate in a proceeding before the board under this section.
3-6 If the board's designee suspends <or removes> a student <to an
3-7 alternative education program> for three or more consecutive school
3-8 days or five or more accumulative school days within a semester,
3-9 the designee shall encourage the student's parent or guardian to
3-10 attend a conference to discuss the designee's action and/or the
3-11 student's misbehavior. Any decision of the board under this
3-12 section is final and may not be appealed.
3-13 (e) <(g) The board or the board's designee shall provide for
3-14 the continuing education of a student who has been removed to an
3-15 alternative education program. A district shall provide for one or
3-16 more alternative education programs such as:>
3-17 <(1) in-school suspension;>
3-18 <(2) transfer to a different campus;>
3-19 <(3) transfer to a school-community guidance center;
3-20 or>
3-21 <(4) transfer to a community-based alternative school.>
3-22 <(h) If a student is suspended, the student's absence shall
3-23 be considered to be an excused absence if the student
3-24 satisfactorily completes the assignments for the period of
3-25 suspension within a reasonable time determined by the district. A
3-26 district may impose a grade adjustment on the work made up by a
3-27 student who has been suspended.>
4-1 <(i)> A student who is suspended shall <removed to an
4-2 alternative education program in a supervised educational setting
4-3 may> be counted in computing the average daily attendance of
4-4 students in the district for the student's time in actual
4-5 attendance in the alternative setting <program>.
4-6 (f) <(j)> The board or the board's designee shall take
4-7 appropriate disciplinary action against a student who has accrued
4-8 more than five days of unexcused absence during a semester or more
4-9 than 10 days of unexcused absence during a school year. A student
4-10 may not be suspended for being truant or tardy.
4-11 (g) <(k)> A teacher may send a student to the principal's
4-12 office in order to maintain effective discipline in the classroom.
4-13 The principal shall respond by employing appropriate discipline
4-14 management techniques consistent with local policy.
4-15 (h) <(l)> A teacher may remove from class a student who has
4-16 been documented by the teacher to repeatedly interfere with the
4-17 teacher's ability to communicate effectively with the students in
4-18 the class. Not later than the third class day after the day on
4-19 which the student is removed from the class, the principal shall
4-20 schedule a hearing among the principal or the principal's designee,
4-21 a parent or guardian of the student, the teacher, and the student.
4-22 Following the hearing, and whether or not all requested parties are
4-23 in attendance after valid attempts to require their attendance, the
4-24 principal shall suspend the student <pupil> for a period consistent
4-25 with local policy, not to exceed six school days, <place the
4-26 student in an alternative education program,> or place the student
4-27 back in the class. If the student is removed a second time under
5-1 this subsection within the same semester, the student may be
5-2 returned to that class only by action of the superintendent at the
5-3 principal's request. If the student is removed a third or
5-4 subsequent time under this subsection within the same semester, the
5-5 student may be returned to that class only by action of the
5-6 district's board of trustees at the request of the superintendent.
5-7 (i) <(m)> On request of a district, the Central Education
5-8 Agency shall provide to the district informational material on
5-9 developing an alternative education program that takes into
5-10 consideration size, wealth, and existing facilities in determining
5-11 a program best suited to a district.
5-12 <(n) It is the intent of the legislature that districts
5-13 notify the parents or guardians of students suspended under this
5-14 section or expelled under Section 21.3011 of this code and that
5-15 after such notification it is the responsibility of the parent or
5-16 guardian to provide adequate supervision for these students during
5-17 that period of time.>
5-18 Sec. 21.3011. Alternative Education Program <Expulsion of
5-19 Students>. (a) Each school district shall provide an alternative
5-20 education program that:
5-21 (1) is provided in a setting other than a student's
5-22 regular classroom, on or off of a regular school campus;
5-23 (2) is provided to each student for a period longer
5-24 than six days;
5-25 (3) addresses a student's individual educational and
5-26 behavioral needs; and
5-27 (4) provides supervision and counseling. <In this
6-1 section, "expulsion" means suspension of a student from school for
6-2 more than six school days within a semester. The term does not
6-3 include removal of a student to an alternative education program.>
6-4 (b) A student may be removed from class and placed in <and
6-5 expelled without resort to> an alternative education program <under
6-6 Section 21.301 of this code> if the student, on school property or
6-7 while attending a school-sponsored or school-related activity on or
6-8 off of school property:
6-9 (1) assaults a teacher or other individual;
6-10 (2) sells, gives, or delivers to another person or
6-11 possesses or uses or is under the influence of:
6-12 (A) marihuana or a controlled substance, as
6-13 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
6-14 Section 801 et seq.; or
6-15 (B) a dangerous drug, as defined by Chapter 483,
6-16 Health and Safety Code;
6-17 (3) sells, gives, or delivers to another person an
6-18 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
6-19 Code, or commits a serious act or offense while under the influence
6-20 of alcohol; or on more than one occasion possesses, uses, or is
6-21 under the influence of an alcoholic beverage;
6-22 (4) possesses a firearm as defined by Section
6-23 46.01(3), Penal Code, an illegal knife as defined by Section
6-24 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
6-25 Code, or a weapon listed as a prohibited weapon under Section 46.05
6-26 <46.06>, Penal Code;
6-27 (5) engages in conduct that contains the elements of
7-1 an offense relating to abusable glue or aerosol paint under
7-2 Sections 485.031 through 485.035, Health and Safety Code, or
7-3 relating to volatile chemicals under Chapter 484, Health and Safety
7-4 Code;
7-5 (6) engages in conduct that contains the elements of
7-6 the offense of arson under Section 28.02, Penal Code;
7-7 (7) engages in conduct that contains the elements of
7-8 the offense of criminal mischief under Section 28.03, Penal Code,
7-9 if the offense is punishable as a felony under that section; or
7-10 (8) engages in conduct that contains the elements of
7-11 the offense of public lewdness under Section 21.07, Penal Code.
7-12 (c) A student who, after having been suspended <placed in an
7-13 alternative education program> under Section 21.301 of this code,
7-14 continues to engage in serious or persistent misbehavior that
7-15 violates the district's previously communicated written standards
7-16 of student conduct may be placed in an alternative education
7-17 program <removed from class and expelled>.
7-18 (d) The board or its designee shall set a term for the
7-19 placement in an alternative education program, subject to the
7-20 following conditions: <expulsion.>
7-21 (1) except as otherwise provided by this subsection,
7-22 the placement in an alternative education program <The expulsion>
7-23 may not extend beyond the end of the school year, unless the
7-24 conduct directly leading to the placement <expulsion> occurred
7-25 during the final six-week reporting period of the school year, in
7-26 which case the placement <expulsion> may extend beyond the end of
7-27 the current school year but not beyond the end of the first
8-1 semester of the next school year; and<.>
8-2 (2) a student <A pupil> who is to be placed in an
8-3 alternative education program <expelled> for the first time for
8-4 possession, use, or for being under the influence of an alcoholic
8-5 beverage as defined in this section may not be placed in the
8-6 alternative education program <expelled> beyond the end of the
8-7 semester, unless the conduct directly leading to the placement
8-8 <expulsion> occurred during the final six-week reporting period of
8-9 a semester, which may result in placement in an alternative
8-10 education program <expulsion> not to extend beyond the end of the
8-11 next regular semester.
8-12 (e) As soon as practicable after a student is placed in an
8-13 alternative education program <Before the expulsion>, the board or
8-14 its designee must provide the student a hearing at which the
8-15 student is afforded appropriate due process as required by the
8-16 federal constitution. If the decision to place <expel> a student
8-17 in an alternative education program is made by the board's
8-18 designee, the decision may be appealed to the board. The decision
8-19 of the board may be appealed by trial de novo to a state district
8-20 court of the county in which the school district's central
8-21 administrative office is located.
8-22 (f) A teacher may remove from class and recommend for
8-23 placement in an alternative education program <expulsion> a student
8-24 who engages in conduct for which a student may be placed in an
8-25 alternative education program <expelled> under Subsection (b) or
8-26 (c) of this section. If a teacher recommends a student for
8-27 placement in an alternative education program <expulsion>, the
9-1 board or its designee shall conduct a hearing under Subsection (e)
9-2 of this section. If the board or its designee decides not to place
9-3 <expel> the student in an alternative education program and the
9-4 student is again recommended for placement in an alternative
9-5 education program <expulsion> by the teacher during the same school
9-6 year, the hearing under Subsection (e) of this section may be
9-7 conducted only by the board.
9-8 (g) The board or its designee shall deliver a copy of the
9-9 order placing <expelling> the student in an alternative education
9-10 program to the student and the student's parent or guardian. The
9-11 board or its designee shall also deliver a copy of the order to the
9-12 authorized officer of the juvenile court in the county in which the
9-13 student resides. The officer shall determine whether:
9-14 (1) a petition should be filed alleging that the
9-15 student is in need of supervision or engaged in delinquent conduct;
9-16 or
9-17 (2) the student should be referred to an appropriate
9-18 state agency.
9-19 (h) <A school district may provide home-based instruction to
9-20 students expelled under this section.>
9-21 <(i)> Each school district shall provide each teacher and
9-22 administrator with a copy of Section 21.301 and this section of
9-23 this code and with a copy of the local policies relating to the
9-24 sections.
9-25 (i) A <(j) If a> court may not order <orders> a student
9-26 <who has been expelled> to attend regular classes in a school as a
9-27 condition of probation. A court may order a student to attend an
10-1 alternative education program as a condition of probation in
10-2 accordance with this section<, the school district shall readmit
10-3 the student, but the student is not immune from suspension, removal
10-4 to an alternative education program, or expulsion during the term
10-5 of the probation. If a student is expelled under this section, the
10-6 school district retains the authority to place the student in the
10-7 appropriate educational setting>.
10-8 (j) <(k)> Each school district shall reasonably cooperate
10-9 with governmental agencies and community organizations providing
10-10 services within the district to students placed in an alternative
10-11 education program <expelled under this section>.
10-12 (k) <(l)> A rehabilitation district that admits delinquent
10-13 children with disabilities shall admit a child referred by a
10-14 juvenile court located in the district if the ARD committee of the
10-15 district has determined that the district has sufficient facilities
10-16 and personnel available.
10-17 (l) <(m)> If the student enrolls in another school district
10-18 before the expiration of the period of alternative education
10-19 program placement <expulsion>, the board shall provide to the
10-20 district in which the student enrolls, at the same time other of
10-21 the student's records are provided, a copy of the order. The
10-22 district in which the student enrolls may continue the alternative
10-23 education program placement <expulsion> under the terms of the
10-24 order or may allow the student to attend regular classes without
10-25 completing the period of alternative education program placement
10-26 <expulsion>.
10-27 (m) A student attending an alternative education program
11-1 shall be counted in computing the average daily attendance of the
11-2 students in the district.
11-3 (n) An alternative education program may include transfer
11-4 to:
11-5 (1) a different campus;
11-6 (2) a school-community guidance center; or
11-7 (3) a community-based alternative school.
11-8 (o) A school district may provide an alternative education
11-9 program jointly with one or more other districts.
11-10 SECTION 2. Section 11.273(e), Education Code, is amended to
11-11 read as follows:
11-12 (e) A school campus or district may not receive an exemption
11-13 or waiver under this section from requirements imposed by federal
11-14 law or rule, including requirements for special education or
11-15 bilingual education programs. Except as provided by Subsection
11-16 (h), a school campus or district may not receive an exemption or
11-17 waiver under this section from a requirement or prohibition imposed
11-18 by state law or rule relating to:
11-19 (1) curriculum essential elements, excluding the
11-20 methodology used by a teacher and the time spent by a teacher or a
11-21 student on a particular task or subject;
11-22 (2) restrictions on extracurricular activities;
11-23 (3) health and safety;
11-24 (4) competitive bidding;
11-25 (5) elementary school class size limits, except as
11-26 provided by Section 16.054;
11-27 (6) minimum graduation requirements;
12-1 (7) removal of a disruptive student from the
12-2 classroom;
12-3 (8) suspension <or expulsion> of a student;
12-4 (9) placement of a student in an alternative education
12-5 program;
12-6 (10) at risk programs;
12-7 (11) <(10)> prekindergarten programs;
12-8 (12) <(11)> educational employee and educational
12-9 support employee rights and benefits. In this section,
12-10 "educational support employee" means a full-time or part-time
12-11 school employee not defined as a "teacher" by Section 21.201(1) of
12-12 this code; or
12-13 (13) <(12)> special education or bilingual education
12-14 programs.
12-15 SECTION 3. Section 21.033(a), Education Code, is amended to
12-16 read as follows:
12-17 (a) The following classes of children are exempt from the
12-18 requirements of compulsory attendance:
12-19 (1) any child in attendance upon a private or
12-20 parochial school which shall include in its course a study of good
12-21 citizenship;
12-22 (2) any child who is eligible to participate in a
12-23 school district's special education program under <handicapped as
12-24 defined in> Section 21.503 of this code and who cannot be
12-25 appropriately served by the resident district in accordance with
12-26 the requirements of Section 21.032 of this code;
12-27 (3) any child who has a physical or mental condition
13-1 of a temporary and remediable nature which renders such child's
13-2 attendance infeasible and who holds a certificate from a qualified
13-3 physician specifying the temporary condition, indicating the
13-4 treatment prescribed to remedy the temporary condition, and
13-5 covering the anticipated period of the child's absence from school
13-6 for the purpose of receiving and recuperating from such remedial
13-7 treatment;
13-8 (4) <any child expelled in accordance with the
13-9 requirements of law;>
13-10 <(5)> any child who is at least 17 years old and in
13-11 attendance upon a course of instruction to prepare for the high
13-12 school equivalency examinations;
13-13 (5) <(6)> any child who is at least 16 years old and
13-14 in attendance upon a course of instruction to prepare for the high
13-15 school equivalency examinations provided that the person is
13-16 recommended to the course of instruction by a public agency which
13-17 has supervision or custody of the person under a court order; and
13-18 (6) <(7)> any child who is enrolled in the Texas
13-19 Academy of Leadership in the Humanities.
13-20 SECTION 4. Section 35.102(b), Education Code, is amended to
13-21 read as follows:
13-22 (b) A school campus or district is not exempt under this
13-23 section from a prohibition on conduct that constitutes a criminal
13-24 offense. A school campus or district is not exempt under this
13-25 section from requirements imposed by federal law or rule including
13-26 requirements for special education or bilingual education programs.
13-27 Except as provided by Subsection (d), a school campus or district
14-1 is not exempt under this section from a requirement or prohibition
14-2 imposed by state law or rule relating to:
14-3 (1) curriculum essential elements, excluding the
14-4 methodology used by a teacher and the time spent by a teacher or a
14-5 student on a particular task or subject;
14-6 (2) restrictions on extracurricular activities;
14-7 (3) health and safety;
14-8 (4) competitive bidding;
14-9 (5) textbook selection;
14-10 (6) elementary school class size limits;
14-11 (7) removal of a disruptive student from the
14-12 classroom;
14-13 (8) suspension <or expulsion> of a student;
14-14 (9) placement of a student in an alternative education
14-15 program;
14-16 (10) at-risk programs;
14-17 (11) <(10)> prekindergarten programs;
14-18 (12) <(11)> minimum graduation requirements; or
14-19 (13) <(12)> educational employee and educational
14-20 support employee rights and benefits. In this section,
14-21 "educational support employee" means a full-time or part-time
14-22 school employee not defined as a "teacher" by Section 21.201(1).
14-23 SECTION 5. This Act applies beginning with the 1995-1996
14-24 school year.
14-25 SECTION 6. The importance of this legislation and the
14-26 crowded condition of the calendars in both houses create an
14-27 emergency and an imperative public necessity that the
15-1 constitutional rule requiring bills to be read on three several
15-2 days in each house be suspended, and this rule is hereby suspended,
15-3 and that this Act take effect and be in force from and after its
15-4 passage, and it is so enacted.