JLM C.S.S.B. 133 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.S.B. 133 By: Bivins (Dutton) 5-20-97 Committee Report (Substituted) BACKGROUND Chapter 37 of the Texas Education Code, adopted as part of Senate Bill I in 1995, provided for the creation of alternative education settings to accommodate the implementation of a zero tolerance policy for unruly, disruptive, or threatening behavior by students. The law permitted the removal of these students from the regular classrooms to alternative education settings, where students were exposed to a more restrictive and structured learning environment. However, while achieving the goals of zero tolerance, students, who were expelled or who became involved with the juvenile probation system were still to receive an education. Under current law, students may be expelled or suspended without referral to an alternative education setting, resulting in many at-risk children not in school but on the streets. Putting these students on the streets may pose an immediate danger to the community, society and to the at-risk students themselves. Effective alternative education settings should ensure that students who are either removed, suspended or expelled for disruptive behavior are placed in an environment designed to increase students' achievement and improve students' behavior attitudes, and self-esteem. PURPOSE The purpose of C.S.S.B. 133 is to clarify several issues which have emerged since the implementation of Chapter 37, particularly that no student will be expelled to the streets. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Texas Juvenile Probation Commission in SECTION 1. SECTION BY SECTION ANALYSIS SECTION 1: ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT AND EDUCATION ACHIEVEMENT. This Section replaces the current Subchapter A of Chapter 37, Education Code (Sections 37.001 through 37.019) and amends the title of Subchapter A to read "Alternative Settings For Behavior Management and Education Achievement". Each section of Subchapter A is analyzed below. Sec. 37.001: MISSION OF ALTERNATIVE SETTINGS. This section states the mission of alternative settings is to enable students to pursue the goals specified under Section 4.002 (i.e., exemplary performance in the reading and writing of the English language, mathematics, science, and social studies) and goals set by the commissioner of education. Sec. 37.002: DEFINITIONS. Defines terminology for the subsection, including "alternative education setting", "expulsion", "parent", "removal", and "suspension". Sec. 37.003: STUDENT CODE OF CONDUCT. Requires each school district to adopt a student code of conduct that must be posted and prominently displayed at each campus. Code must specify the circumstances when a student may be removed, suspended, or expelled. Principals and teachers with actual knowledge of a code violation shall file a written report and parents shall be sent a copy. A principal or teacher without actual knowledge of a violation, but who has been informed of such, shall investigate the reported violation. Written report shall be sent to the principal if the investigation was conducted by someone other than the principal. Annual review of Student Code of Conduct is required and the term principal include administrator. Sec. 37.004: REMOVAL BY TEACHER. A teacher may remove a student from class for behavior that violates the student code of conduct or whose behavior is unruly, disruptive or abusive and seriously interferes with teacher's ability to maintain order in classroom or with ability of other students to learn. A removed student shall be sent to principal's office and may not be returned to teacher's class without teacher's consent unless the review committee determines that the placement is the best or only alternative. Principal may place the student into another appropriate classroom or in-school setting or in the district alternative education setting (DAES). Notice shall be given to parents as soon as practicable. If a student is not placed into DAES, the student and parents must receive notice that student's behavior may result in a DAES placement. Before placement in the DAES, the student and parents must be given notice of the removal and the behavior on which the removal is based. Student cannot attend or participate in extra-curricular activities during the removal period. Sec. 37.005: CAMPUS REVIEW COMMITTEE. Each school shall establish a 3-member campus review committee to determine student placement when a teacher has refused a student's return to the teacher's class and shall make recommendations concerning readmission of expelled students. Members include two teachers and one teacher as alternate member, one person from the professional staff, and one student may serve as an advisory, but non-voting, member. Sec. 37.006: SUSPENSION. Principal may suspend a student who violates the student code of conduct. Student may be placed into an in-school suspension setting or the DAES for a period not to exceed five consecutive school days or into a DAES. Student cannot be placed into an in-school suspension setting for more than 10 days per school year without a hearing under Section 37.013. A student cannot attend or participate in extra-curricular activities during suspension period. Sec. 37.007: DISTRICT ALTERNATIVE EDUCATION SETTING. Each school district shall provide an alternative education setting (DAES) that is not located in the student's regular classroom and may be on or off the regular school campus. Students in DAES must be separated from students not in the DAES. A DAES must offer an academic program that enables students to perform at grade level and offer courses to fulfill the student's high school graduation requirements. A DAES must carry out the mission under Section 37.001 and is considered to be a campus for Chapter 39 accountability purposes to the extent determined by the commissioner. A student shall be placed into the DAES if the student while on or within 1,000 feet of school property or while attending a school-sponsored or school-related activity on or off school property for the following offenses or conducts: Assault; Terroristic threat; Sells, gives, delivers, possesses, or is under the influence of a controlled substance or dangerous drug(excluding a student taking medication under physician's prescription); Possesses, uses, sells, gives or delivers an alcoholic beverage or commits serious act or offense while under the influence of alcohol; Inhalant abuse offenses; Public lewdness; Indecent exposure; or Any felony offense A student shall be removed from class and placed in a DAES if the student engages in the following enumerated felony conduct off of school property and not while attending school-sponsored or school-related activities: Offenses included under Title 5, Penal Code; Robbery; Aggravated robbery; Burglary (1st degree felony); Drug and alcohol offenses; Weapons offenses; or Serious act while under the influence of alcohol DAES must administer Chapter 39 assessment instruments. The commissioner shall measure the DAES performance based primarily on academic performance of students' progress toward grade level while in DAES. The DAES may transfer a student to a different campus, a school-community guidance center, or a community-based alternative school. A DAES may be set up with one or more school districts. A student assigned to DAES is counted in the ADA for the district. If a student placed in the DAES enrolls in another district before the term of the DAES placement has expired, the district shall provide the new district with a copy of the placement order. The new district may continue the DAES placement or allow the student to return to regular classes. The board of trustees or their designee shall set the term of a DAES placement. The student shall be provided a review of the placement at intervals not to exceed 120 days. If the student is a high school student, the board or designee shall review the student's progress toward meeting graduation requirements and shall establish a specific graduation plan. A student placed into a DAES on or before the first anniversary of a previous DAES placement must remain in the DAES for at least two full school semesters. A student may not attend or participate in extra-curricular activities during period of DAES placement. Sec. 37.008: CONFERENCE. A principal must schedule a conference within 3 days after receiving a request from the parent of a student who was suspended or removed from regular class. Student is entitled to written or oral notice of the reasons for the removal or suspension and an opportunity to respond. A student may not be returned to the classroom of the removing teacher pending the conference. Following the conference, regardless of whether the parent is present, a principal may order the continued placement of student into another classroom or into an in-school suspension setting. A principal's decision is final and not appealable. Sec. 37.009: SERIOUS OR PERSISTENT MISBEHAVIOR. A student may be expelled for serious or persistent misbehavior if the student, while in the DAES, continues to violate the student code of conduct or if the student has been placed into the DAES more than two times in a single school year. Before a JJAES placement, the student and the parents must be given written notice that the student's behavior could result in placement in the JJAES and a conference must be held in accordance with 37.008. Written notice must identify the conduct the student must discontinue. The student must be provided an opportunity to modify his behavior. Sec. 37.010: EXPULSION. A student shall be expelled if the student, on or within 1,000 of school property or while attending a school-sponsored or school-related activity on or off school property commits the following offenses or conducts: Uses, exhibits, or possesses a firearm, illegal knife, or prohibited weapon; Aggravated assault; Sexual assault; Aggravated sexual assault; Arson; Murder; Capital murder; Criminal attempt to commit murder or capital murder; Indecency with a child; Aggravated kidnapping; Felony controlled substance, dangerous drug or alcohol offenses; or Above offenses if committed in retaliation against school district employee. A student may be expelled if the student, while on or within 1,000 feet of school property or while attending a school-sponsored or school-related activity on or off school property commits the following offenses or conducts: Sells, gives, delivers, possesses, or is under the influence of any amount of a controlled substance, dangerous drug, marihuana or alcoholic beverage (excluding student taking medication under physician's prescription); Inhalant abuse offenses; or Criminal mischief; In accordance with federal law, a student shall be expelled to a JJAES for bringing a firearm to school for a period of at least one year except that the school may modify the length of the expulsion or the school may provide services to an expelled student who is younger than 10 in the DAES. A school district shall inform each teacher of the conduct of a student under this section. A teacher must keep information confidential or teaching certificate may be revoked or suspended. A student younger than 10 years of age shall be placed in the DAES if the student engages in expellable conduct. Sec. 37.011: COURT INVOLVEMENT. By the second working day after the required Sec. 37.013 hearing, the school shall deliver a copy of the order placing a student into a DAES or expelling a student to the authorized officer of the juvenile court in the county where the student resides. Each expelled student shall be referred to juvenile court. In counties with a population of 125,000 or less that does not operate a JJAES, the juvenile board and the board of trustees shall enter into an MOU concerning the juvenile probation department's role in providing services in a DAES. A court may order an expelled student to attend a DAES as a condition of probation. If a court orders a student to attend a DAES as a condition of probation once during a school year and the student is again referred to juvenile court during the school year, the court may not order the student to the DAES without the district's consent until the student has completed any court requirements. A placement in the JJAES by a court order must prohibit the student from attending or participating in school-sponsored or school-related activities. In compliance with compulsory school attendance, any expelled student who is not detained or receiving treatment shall immediately attend an educational program as provided by law or by the MOU from the date of expulsion. A school may readmit an expelled student while the student is completing any court requirements. After completion of the court requirements, including a deferred prosection, the district shall readmit the student but may place the student in the DAES. A student cannot be returned to the former teacher's classroom without the teacher's consent. If an expelled student enrolls in another school district, the expelling school shall provide the new school a copy of the expulsion order and the juvenile court referral. The new district may continue the expulsion, may place the student in the DAES, or may allow the student to attend regular classes. Sec. 37.012: JUVENILE JUSTICE ALTERNATIVE EDUCATION SETTING. A juvenile board in county with population greater than 125,000 shall develop a JJAES. A county with population of 125,000 or less may develop a JJAES. A juvenile court shall, unless otherwise agreed in the MOU, place an expelled child in the JJAES as a condition of probation or deferred prosection, and shall consider the length of the expulsion order in determining the terms of the probation or deferred prosecution. Each JJAES shall adopt a student code of conduct. The Commissioner and TJPC shall establish appropriate educational goals for the JJAES. A JJAES must focus on core curriculum (English, math, science, history, self discipline). A JJAES shall administer the Chapter 39 assessment instruments and offer a GED program. Each school district shall consider course credit earned while in a JJAES as credit earned in a district school. Classes shall be provided to enable a student to graduate. The juvenile board shall review the status of high school students toward graduation and shall establish a graduation plan. A school district shall issue a diploma if a student satisfies the requirements for graduation. A JJAES must operate 7 hours per day and 224 days each year (i.e., an extended year program). The extended year program must be provided to those JJAES students identified as unlikely to be promoted to the next grade level. Require a JJAES to comply with the program and performance standards promulgated by the TJPC in consultation with TEA. Each Juvenile board and school district shall enter into an MOU that: Requires, in a county with a population over 125, 000, the school districts and the juvenile board to enter into one joint memorandum of understanding (MOU) by September 1 of each year, unless the parties agree to multiple MOUs regarding the operation of the county JJAES. The MOU shall: outline juvenile board duties and responsibilities regarding JJAES; define the amount and conditions of payments from the school to the juvenile board based on an adequate funding level to support the program defined in the MOU; identify those categories of serious or persistent misbehavior expulsions that may be placed in the JJAES; identify the placement and term for expelled students that 1) are outside juvenile court jurisdiction or for whose case no probable cause exists; 2) are found not guilty of the offense charged; 3) their juvenile court case lacked prosecutorial merit; or 4) have not been placed in the JJAES pending a court intake decision or formal disposition; establish transition services for expelled students in the JJAES; establish a transportation plan for JJAES students; and establish a maximum operating capacity for the JJAES and develop a plan to handle the excess capacity to ensure each expelled student is placed in an education program. If the school districts and juvenile board cannot agree on the MOU, the issues of dispute shall be submitted to binding arbitration. If there is one MOU for the county, the juvenile board and school districts shall equally share the costs of the arbitration. If a school district does not enter into a joint MOU, that school district is responsible for the full costs of the arbitration. If the parties cannot agree upon an arbitrator, each party shall select one arbitrator and the two selected individuals shall select the third arbitrator. All three arbitrators shall resolve the disputed issues. TJPC, with the approval of TEA, shall promulgate rules and procedures to govern the arbitration. An arbitration decision is enforceable in any court of competent jurisdiction in the county. The juvenile board, county commissioners court and professional employees are given immunity from liability in relation to operation of JJAES to same extent school district employees are immune. Certified educators in the JJAES are eligible for Teacher Retirement System of Texas. For purposes of Chapter 39 accountability, a student in the JJAES is reported to the home campus. In establishing the term of a student's placement into a JJAES, the term best suited to the academic and personal development of that student must be considered. A student in the JJAES may choose to remain in the JJAES with written permission of the student' parents after release from court jurisdiction. A student may not attend or participate in extra curricular activities during JJAES assignment. Sec. 37.013: HEARING. No later than the third working day after a placement in the DAES, JJAES, or inschool suspension setting (that exceeds 10 days in one school year), the school must schedule a hearing among the principal, parent, teacher and student. The student's parents must be notified in writing. The written notice shall contain the time, date, place of hearing and specify reasons for students placement. The student is entitled to written notice of the removal reasons; explanation of the basis for placement; an opportunity to explain the student's position and respond to reasons for removal; and to be represented by student's parent or another adult who is not a school employee. The student may not be returned to regular classroom pending the hearing. If the principal has made good faith effort to inform student and parent of hearing, the hearing may be held regardless of whether student or parent or adult is present. After the hearing, a written report with decisions made must be prepared to school board/designee and student's parents. The student's parents may appeal the decision to school board or designee. The school board's decision is final and may not be appealed. Sec. 37.014: FUNDING OF ALTERNATIVE EDUCATION SETTINGS. Funding for a student in DAES shall be the same as for the regular education program. Funding for a JJAES is determined in an MOU in an amount sufficient to operate the JJAES described in the MOU. The amount may not be less than that attributed to the student in the student's regular educational program or DAES, whichever is greater. The administrative costs attributable to the student shall be included. The district is required to forward the funds to the juvenile board as soon as the money is available, unless otherwise agreed in the MOU. The arbitrator's decision must be sufficient to establish and operate the JJAES described by the MOU, so long as the amount is not less than the amount described in the paragraph above. Factors the arbitrator shall consider in making funding decision: (1) evidence of the actual average per pupil total expenditure in the district's DAES; (2) evidence of the expected per student cost in the JJAES described in the MOU; and (3) evidence of the costs necessary to achieve the accountability goals of this Chapter. Each school district and juvenile board shall provide the arbitrator with all relevant evidence in their possession or control related to funding. If the arbitrator cannot make a decision by September 1 of any school year, the school district shall transfer the amount of funds calculated in the first paragraph above as an initial payment toward the total amount of funding that will ultimately be required. In cases where a child transfers from one JJAES to another, the school district that the child would attend under Section 25.001 shall assume responsibility for paying for the child's JJAES placement in accordance with the MOU adopted in the receiving county. Unless otherwise agreed in MOU, the school district in which a student was enrolled prior to placement in JJAES shall provide transportation to and from JJAES. Transportation must be separated from students not attending an alternative education setting. The Office of State-Federal Relations shall identify additional funds to assist in the operation of alternative educational settings and shall report annually to the legislature. In this subsection, "juvenile justice settings" means public or private juvenile justice setting operated under the authority of a county juvenile board, including a preadjudication secure detention facility setting, a postadjudication secure correctional facility setting, a secure and nonsecure day treatment setting, and a boot camp. The student will be reported as if the student were enrolled at the student's regularly assigned campus in the student's regularly assigned education program including a special education program. The school district in which the student is enrolled on the date of the juvenile court order placing the student in the juvenile justice setting shall transfer to the entity providing the education, funds equal to the district's average per student expenditure in the alternative education settings under Section 37.007. Sec. 37.015: STUDENTS WITH DISABILITIES. The placement of a student with a disability, who receives special education services, may be made only by an ARD (Admission, Review & Dismissal) committee in accordance with state and federal law. In the case of a special education student placed in the JJAES, the school district the student was attending at the time of the placement shall provide for the student's related services in accordance with the student's IEP (Individual Education Plan). Funding for a special education student in an alternative education setting may not be less than the funding would be for that student in a setting other than the alternative education setting, except that funding for related services shall be excluded. Sec. 37.016: EMERGENCY ALTERNATIVE PLACEMENT. A school principal or designee may order the immediate placement of a student into an alternative educational setting if the principal or designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it interferes with the maintenance of order, either in the classroom, in the operation of the school, or at a school activity. If the principal or designee reasonably believes an immediate expulsion of a student is necessary to protect a person or property from imminent harm, they may do so. At the time of the emergency placement or expulsion, the student shall be given oral notice of reasons for the action. After such notice, the student may be suspended or expelled with the appropriate conference or hearing. A principal or designee is not liable for civil damages for a placement or expulsion under this section. Sec. 37.017: REPORTS RELATING TO PLACEMENTS IN ALTERNATIVE EDUCATION SETTINGS. Requires school to annually report detailed information related to each placement into an alternative education setting in a manner determined by the commissioner, excluding those placements into the JJAES (i.e., serious or persistent misbehavior placements or expulsions). Sec. 37.018: COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS. Requires a school board or designee to regularly meet with juvenile board concerning supervision and rehabilitative services for expelled students and students in alternative education programs. Matters of discussion shall include services by probation officers, AES, recruitment of volunteers, tutoring services and coordinations of other social services. Sec. 37.019: COURT-RELATED CHILDREN--LIAISON OFFICERS. Each school is required to appoint at least one educator to act as a court-related children's liaison officer. The officer shall provide counseling and services for each court-related child and the child's parents. Sec. 37.020: REPORTS TO LOCAL LAW ENFORCEMENT;LIABILITY. Corollary to Article 15.27 of Code of Criminal Procedure. Requires school districts to notify district police and local police if a principal has reasonable grounds to believe certain offenses occurred on school property or at a schoolsponsored or school-related events on or off school property. A person is not liable for civil damages for reporting in good faith. Sec. 37.021: REPORT OF DRUG OFFENSES; LIABILITY. A teacher, school administrator or school employee is not liable for civil damages for reporting a student who is suspected of using, possessing, or selling a controlled substance, marihuana, dangerous drug, volatile chemical or inhalant, or alcohol. Sec. 37.022: DESTRUCTION OF CERTAIN RECORDS. Information received by the school under Article 15.27, Code of Criminal Procedure, (i.e., notice of arrest or detention for certain offenses) may not be attached to the permanent academic file of a student. A school shall destroy the information at the end of the school year in which report was filed. Each school district must provide each teacher and administrator with a copy of the local policy relating to Subchapter A, Chapter 37. Sec. 37.023: INFORMATION FOR EDUCATORS. Each school district shall provide each teacher and administrator with a copy of the policy related the this subchapter. SECTION 2: Amends Section 25.001(d), Education Code to change terminology from "removal to an alternative education program" to "placement into an alternative education setting" . SECTION 3: Amends Section 25.086(a), Education Code to provide that a child is exempt from compulsory school attendance if the child is expelled and is attending an educational program or setting under Chapter 37. SECTION 4: Amends Section 37.121(b), Education Code to change terminology from "alternative education program" to "alternative education setting". SECTION 5: Amends Section 39.053(d), Education Code to change terminology from "alternative education program" to "alternative education setting". SECTION 6: Amends Section 39.075(a)(5), Education Code to change terminology from "alternative education programs" to "alternative education settings" and conforms citations in this subsection to new sections of education code. This subsection requires the commissioner to authorize investigations when extraordinary numbers of student placements in alternative education settings, other than placements under new sections 37.007(District alternative education setting), 37.009 (Serious or persistent misbehavior placement), and 37.010 (Expulsion), are determined. SECTION 7: Amends Section 51.03, Family Code, to conform reference to the Education Code to existing law as passed in SB 1, 74th Texas Legislature. SECTION 8: Adds Section 52.041(c), Family Code, to require juvenile court intake to make an initial investigation of an expulsion referral received from a school district. Adds Section 52.041(d), Family Code to provide that the juvenile court is required to notify the expelling school district within two working days of when any of the following determinations are made: (1) The person is not a child within the meaning of the family code; (2) There is no probable cause for delinquent conduct or CINS; (3) No deferred prosecution or court proceedings have been or will be initiated; (4) The court finds the child not guilty and the case has been dismissed with prejudice; (5) The child was adjudicated but no disposition will be ordered; or (6) The juvenile court case is pending but the child was not ordered to attend the JJAES as a condition of release under Section 53.02 or 54.01, Family Code. Adds Section 52.041(e), Family Code, to clarify that a school district must provide written notification to the juvenile court of a child's expulsion within two working days. Failure to timely notify will result in the child having a duty to attend the school district's educational program until the notice is given. SECTION 9: Amends Section 53.02(e), Family Code, to require a child being released from detention by juvenile court intake to attend the JJAES as a condition of release if the child is alleged to have engaged in delinquent conduct and is expelled under Section 37.007, Education Code. SECTION 10: Amends Section 54.01(f), Family Code, to require a child being released from detention at a detention hearing to attend the JJAES as a condition of release if the child is alleged to have engaged in delinquent conduct and is expelled under Section 37.007, Education Code. SECTION 11: Effective date of legislation. This act applies beginning with the 1997-98 school year. SECTION 12: Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SB 133 amends Section 37.006, Education Code, to require a student to be removed from class and placed in an alternative education program as provided by Section 37.008 if the student commits certain acts or engages in certain behavior on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school sponsored or school-related activity on or off of school property. Deletes text regarding a student who engages in conduct punishable as a felony. Requires a student to be removed and placed in an alternative education program under Section 37.008 under certain conditions. Authorizes the removal of a student from class and the placement of the student in an alternative education program under certain conditions. Authorizes the superintendent or the superintendent's designee, in determining whether there is reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, to consider all available information, including the information furnished under Article 15.27, Code of Criminal Procedure. CSSB 133 rewrites the entire Subchapter A of Chapter 37, Education Code. Similar to SB 133, the substitute requires a student to be placed in alternative setting if the student commits a certain offense within 1,000 feet (instead of 300 feet in SB 133) of school property or while attending a school-sponsored or school-related activity. These offenses are also specifically listed in the substitute. Furthermore, the substitute requires the principal or principal's designee to authorize placements into alternative settings instead of the superintendent or superintendent's designee as in SB 133. In rewriting the rest of Subchapter A, Chapter 37, Education Code, CSSB 133 renames the subchapter "Alternative Settings for Behavior" and provides a mission statement. The substitute requires districts to adopt a student code of conduct, allows for and provides procedures for the removal of students from the regular classroom by certain district personnel, provides for the placement of students into certain alternative education settings due to various student conduct, provides educational standards and funding mechanisms for certain alternative education settings, addresses the responsibilities of the juvenile courts and requires coordination between school districts and juvenile boards. The substitute addresses these changes through the following provisions: Sec. 37.001: MISSION OF ALTERNATIVE SETTINGS. This section states the mission of alternative settings is to enable students to pursue the goals specified under Section 4.002 (i.e., exemplary performance in the reading and writing of the English language, mathematics, science, and social studies) and goals set by the commissioner of education. Sec. 37.002: DEFINITIONS. Defines terminology for the subsection, including "alternative education setting", "expulsion", "parent", "removal", and "suspension". Sec. 37.003: STUDENT CODE OF CONDUCT. Requires each school district to adopt a student code of conduct that must be posted and prominently displayed at each campus. Code must specify the circumstances when a student may be removed, suspended, or expelled. Principals and teachers with actual knowledge of a code violation shall file a written report and parents shall be sent a copy. A principal or teacher without actual knowledge of a violation, but who has been informed of such, shall investigate the reported violation. Written report shall be sent to the principal if the investigation was conducted by someone other than the principal. Annual review of Student Code of Conduct is required and the term principal include administrator. Sec. 37.004: REMOVAL BY TEACHER. A teacher may remove a student from class for behavior that violates the student code of conduct or whose behavior is unruly, disruptive or abusive and seriously interferes with teacher's ability to maintain order in classroom or with ability of other students to learn. A removed student shall be sent to principal's office and may not be returned to teacher's class without teacher's consent unless the review committee determines that the placement is the best or only alternative. Principal may place the student into another appropriate classroom or in-school setting or in the district alternative education setting (DAES). Notice shall be given to parents as soon as practicable. If a student is not placed into DAES, the student and parents must receive notice that student's behavior may result in a DAES placement. Before placement in the DAES, the student and parents must be given notice of the removal and the behavior on which the removal is based. Student cannot attend or participate in extra-curricular activities during the removal period. Sec. 37.005: CAMPUS REVIEW COMMITTEE. Each school shall establish a 3-member campus review committee to determine student placement when a teacher has refused a student's return to the teacher's class and shall make recommendations concerning readmission of expelled students. Members include two teachers and one teacher as alternate member, one person from the professional staff, and one student may serve as an advisory, but non-voting, member. Sec. 37.006: SUSPENSION. Principal may suspend a student who violates the student code of conduct. Student may be placed into an in-school suspension setting or the DAES for a period not to exceed five consecutive school days or into a DAES. Student cannot be placed into an in-school suspension setting for more than 10 days per school year without a hearing under Section 37.013. A student cannot attend or participate in extra-curricular activities during suspension period. Sec. 37.007: DISTRICT ALTERNATIVE EDUCATION SETTING. Each school district shall provide an alternative education setting (DAES) that is not located in the student's regular classroom and may be on or off the regular school campus. Students in DAES must be separated from students not in the DAES. A DAES must offer an academic program that enables students to perform at grade level and offer courses to fulfill the student's high school graduation requirements. A DAES must carry out the mission under Section 37.001 and is considered to be a campus for Chapter 39 accountability purposes to the extent determined by the commissioner. A student shall be placed into the DAES if the student while on or within 1,000 feet of school property or while attending a school-sponsored or school-related activity on or off school property for the following offenses or conducts: Assault; Terroristic threat; Sells, gives, delivers, possesses, or is under the influence of a controlled substance or dangerous drug(excluding a student taking medication under physician's prescription); Possesses, uses, sells, gives or delivers an alcoholic beverage or commits serious act or offense while under the influence of alcohol; Inhalant abuse offenses; Public lewdness; Indecent exposure; or Any felony offense A student shall be removed from class and placed in a DAES if the student engages in the following enumerated felony conduct off of school property and not while attending school-sponsored or school-related activities: Offenses included under Title 5, Penal Code; Robbery; Aggravated robbery; Burglary (1st degree felony); Drug and alcohol offenses; Weapons offenses; or Serious act while under the influence of alcohol DAES must administer Chapter 39 assessment instruments. The commissioner shall measure the DAES performance based primarily on academic performance of students' progress toward grade level while in DAES. The DAES may transfer a student to a different campus, a school-community guidance center, or a community-based alternative school. A DAES may be set up with one or more school districts. A student assigned to DAES is counted in the ADA for the district. If a student placed in the DAES enrolls in another district before the term of the DAES placement has expired, the district shall provide the new district with a copy of the placement order. The new district may continue the DAES placement or allow the student to return to regular classes. The board of trustees or their designee shall set the term of a DAES placement. The student shall be provided a review of the placement at intervals not to exceed 120 days. If the student is a high school student, the board or designee shall review the student's progress toward meeting graduation requirements and shall establish a specific graduation plan. A student placed into a DAES on or before the first anniversary of a previous DAES placement must remain in the DAES for at least two full school semesters. A student may not attend or participate in extra-curricular activities during period of DAES placement. Sec. 37.008: CONFERENCE. A principal must schedule a conference within 3 days after receiving a request from the parent of a student who was suspended or removed from regular class. Student is entitled to written or oral notice of the reasons for the removal or suspension and an opportunity to respond. A student may not be returned to the classroom of the removing teacher pending the conference. Following the conference, regardless of whether the parent is present, a principal may order the continued placement of student into another classroom or into an in-school suspension setting. A principal's decision is final and not appealable. Sec. 37.009: SERIOUS OR PERSISTENT MISBEHAVIOR. A student may be expelled for serious or persistent misbehavior if the student, while in the DAES, continues to violate the student code of conduct or if the student has been placed into the DAES more than two times in a single school year. Before a JJAES placement, the student and the parents must be given written notice that the student's behavior could result in placement in the JJAES and a conference must be held in accordance with 37.008. Written notice must identify the conduct the student must discontinue. The student must be provided an opportunity to modify his behavior. Sec. 37.010: EXPULSION. A student shall be expelled if the student, on or within 1,000 of school property or while attending a school-sponsored or school-related activity on or off school property commits the following offenses or conducts: Uses, exhibits, or possesses a firearm, illegal knife, or prohibited weapon; Aggravated assault; Sexual assault; Aggravated sexual assault; Arson; Murder; Capital murder; Criminal attempt to commit murder or capital murder; Indecency with a child; Aggravated kidnapping; Felony controlled substance, dangerous drug or alcohol offenses; or Above offenses if committed in retaliation against school district employee. A student may be expelled if the student, while on or within 1,000 feet of school property or while attending a school-sponsored or school-related activity on or off school property commits the following offenses or conducts: Sells, gives, delivers, possesses, or is under the influence of any amount of a controlled substance, dangerous drug, marihuana or alcoholic beverage (excluding student taking medication under physician's prescription); Inhalant abuse offenses; or Criminal mischief; In accordance with federal law, a student shall be expelled to a JJAES for bringing a firearm to school for a period of at least one year except that the school may modify the length of the expulsion or the school may provide services to an expelled student who is younger than 10 in the DAES. A school district shall inform each teacher of the conduct of a student under this section. A teacher must keep information confidential or teaching certificate may be revoked or suspended. A student younger than 10 years of age shall be placed in the DAES if the student engages in expellable conduct. Sec. 37.011: COURT INVOLVEMENT. By the second working day after the required Sec. 37.013 hearing, the school shall deliver a copy of the order placing a student into a DAES or expelling a student to the authorized officer of the juvenile court in the county where the student resides. Each expelled student shall be referred to juvenile court. In counties with a population of 125,000 or less that does not operate a JJAES, the juvenile board and the board of trustees shall enter into an MOU concerning the juvenile probation department's role in providing services in a DAES. A court may order an expelled student to attend a DAES as a condition of probation. If a court orders a student to attend a DAES as a condition of probation once during a school year and the student is again referred to juvenile court during the school year, the court may not order the student to the DAES without the district's consent until the student has completed any court requirements. A placement in the JJAES by a court order must prohibit the student from attending or participating in school-sponsored or school-related activities. In compliance with compulsory school attendance, any expelled student who is not detained or receiving treatment shall immediately attend an educational program as provided by law or by the MOU from the date of expulsion. A school may readmit an expelled student while the student is completing any court requirements. After completion of the court requirements, including a deferred prosection, the district shall readmit the student but may place the student in the DAES. A student cannot be returned to the former teacher's classroom without the teacher's consent. If an expelled student enrolls in another school district, the expelling school shall provide the new school a copy of the expulsion order and the juvenile court referral. The new district may continue the expulsion, may place the student in the DAES, or may allow the student to attend regular classes. Sec. 37.012: JUVENILE JUSTICE ALTERNATIVE EDUCATION SETTING. A juvenile board in county with population greater than 125,000 shall develop a JJAES. A county with population of 125,000 or less may develop a JJAES. A juvenile court shall, unless otherwise agreed in the MOU, place an expelled child in the JJAES as a condition of probation or deferred prosection, and shall consider the length of the expulsion order in determining the terms of the probation or deferred prosecution. Each JJAES shall adopt a student code of conduct. The Commissioner and TJPC shall establish appropriate educational goals for the JJAES. A JJAES must focus on core curriculum (English, math, science, history, self discipline). A JJAES shall administer the Chapter 39 assessment instruments and offer a GED program. Each school district shall consider course credit earned while in a JJAES as credit earned in a district school. Classes shall be provided to enable a student to graduate. The juvenile board shall review the status of high school students toward graduation and shall establish a graduation plan. A school district shall issue a diploma if a student satisfies the requirements for graduation. A JJAES must operate 7 hours per day and 224 days each year (i.e., an extended year program). The extended year program must be provided to those JJAES students identified as unlikely to be promoted to the next grade level. Require a JJAES to comply with the program and performance standards promulgated by the TJPC in consultation with TEA. Each Juvenile board and school district shall enter into an MOU that: Requires, in a county with a population over 125, 000, the school districts and the juvenile board to enter into one joint memorandum of understanding (MOU) by September 1 of each year, unless the parties agree to multiple MOUs regarding the operation of the county JJAES. The MOU shall: outline juvenile board duties and responsibilities regarding JJAES; define the amount and conditions of payments from the school to the juvenile board based on an adequate funding level to support the program defined in the MOU; identify those categories of serious or persistent misbehavior expulsions that may be placed in the JJAES; identify the placement and term for expelled students that 1) are outside juvenile court jurisdiction or for whose case no probable cause exists; 2) are found not guilty of the offense charged; 3) their juvenile court case lacked prosecutorial merit; or 4) have not been placed in the JJAES pending a court intake decision or formal disposition; establish transition services for expelled students in the JJAES; establish a transportation plan for JJAES students; and establish a maximum operating capacity for the JJAES and develop a plan to handle the excess capacity to ensure each expelled student is placed in an education program. If the school districts and juvenile board cannot agree on the MOU, the issues of dispute shall be submitted to binding arbitration. If there is one MOU for the county, the juvenile board and school districts shall equally share the costs of the arbitration. If a school district does not enter into a joint MOU, that school district is responsible for the full costs of the arbitration. If the parties cannot agree upon an arbitrator, each party shall select one arbitrator and the two selected individuals shall select the third arbitrator. All three arbitrators shall resolve the disputed issues. TJPC, with the approval of TEA, shall promulgate rules and procedures to govern the arbitration. An arbitration decision is enforceable in any court of competent jurisdiction in the county. The juvenile board, county commissioners court and professional employees are given immunity from liability in relation to operation of JJAES to same extent school district employees are immune. Certified educators in the JJAES are eligible for Teacher Retirement System of Texas. For purposes of Chapter 39 accountability, a student in the JJAES is reported to the home campus. In establishing the term of a student's placement into a JJAES, the term best suited to the academic and personal development of that student must be considered. A student in the JJAES may choose to remain in the JJAES with written permission of the student' parents after release from court jurisdiction. A student may not attend or participate in extra curricular activities during JJAES assignment. Sec. 37.013: HEARING. No later than the third working day after a placement in the DAES, JJAES, or inschool suspension setting (that exceeds 10 days in one school year), the school must schedule a hearing among the principal, parent, teacher and student. The student's parents must be notified in writing. The written notice shall contain the time, date, place of hearing and specify reasons for students placement. The student is entitled to written notice of the removal reasons; explanation of the basis for placement; an opportunity to explain the student's position and respond to reasons for removal; and to be represented by student's parent or another adult who is not a school employee. The student may not be returned to regular classroom pending the hearing. If the principal has made good faith effort to inform student and parent of hearing, the hearing may be held regardless of whether student or parent or adult is present. After the hearing, a written report with decisions made must be prepared to school board/designee and student's parents. The student's parents may appeal the decision to school board or designee. The school board's decision is final and may not be appealed. Sec. 37.014: FUNDING OF ALTERNATIVE EDUCATION SETTINGS. Funding for a student in DAES shall be the same as for the regular education program. Funding for a JJAES is determined in an MOU in an amount sufficient to operate the JJAES described in the MOU. The amount may not be less than that attributed to the student in the student's regular educational program or DAES, whichever is greater. The administrative costs attributable to the student shall be included. The district is required to forward the funds to the juvenile board as soon as the money is available, unless otherwise agreed in the MOU. The arbitrator's decision must be sufficient to establish and operate the JJAES described by the MOU, so long as the amount is not less than the amount described in the paragraph above. Factors the arbitrator shall consider in making funding decision: (1) evidence of the actual average per pupil total expenditure in the district's DAES; (2) evidence of the expected per student cost in the JJAES described in the MOU; and (3) evidence of the costs necessary to achieve the accountability goals of this Chapter. Each school district and juvenile board shall provide the arbitrator with all relevant evidence in their possession or control related to funding. If the arbitrator cannot make a decision by September 1 of any school year, the school district shall transfer the amount of funds calculated in the first paragraph above as an initial payment toward the total amount of funding that will ultimately be required. In cases where a child transfers from one JJAES to another, the school district that the child would attend under Section 25.001 shall assume responsibility for paying for the child's JJAES placement in accordance with the MOU adopted in the receiving county. Unless otherwise agreed in MOU, the school district in which a student was enrolled prior to placement in JJAES shall provide transportation to and from JJAES. Transportation must be separated from students not attending an alternative education setting. The Office of State-Federal Relations shall identify additional funds to assist in the operation of alternative educational settings and shall report annually to the legislature. In this subsection, "juvenile justice settings" means public or private juvenile justice setting operated under the authority of a county juvenile board, including a preadjudication secure detention facility setting, a postadjudication secure correctional facility setting, a secure and nonsecure day treatment setting, and a boot camp. The student will be reported as if the student were enrolled at the student's regularly assigned campus in the student's regularly assigned education program including a special education program. The school district in which the student is enrolled on the date of the juvenile court order placing the student in the juvenile justice setting shall transfer to the entity providing the education, funds equal to the district's average per student expenditure in the alternative education settings under Section 37.007. Sec. 37.015: STUDENTS WITH DISABILITIES. The placement of a student with a disability, who receives special education services, may be made only by an ARD (Admission, Review & Dismissal) committee in accordance with state and federal law. In the case of a special education student placed in the JJAES, the school district the student was attending at the time of the placement shall provide for the student's related services in accordance with the student's IEP (Individual Education Plan). Funding for a special education student in an alternative education setting may not be less than the funding would be for that student in a setting other than the alternative education setting, except that funding for related services shall be excluded. Sec. 37.016: EMERGENCY ALTERNATIVE PLACEMENT. A school principal or designee may order the immediate placement of a student into an alternative educational setting if the principal or designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it interferes with the maintenance of order, either in the classroom, in the operation of the school, or at a school activity. If the principal or designee reasonably believes an immediate expulsion of a student is necessary to protect a person or property from imminent harm, they may do so. At the time of the emergency placement or expulsion, the student shall be given oral notice of reasons for the action. After such notice, the student may be suspended or expelled with the appropriate conference or hearing. A principal or designee is not liable for civil damages for a placement or expulsion under this section. Sec. 37.017: REPORTS RELATING TO PLACEMENTS IN ALTERNATIVE EDUCATION SETTINGS. Requires school to annually report detailed information related to each placement into an alternative education setting in a manner determined by the commissioner, excluding those placements into the JJAES (i.e., serious or persistent misbehavior placements or expulsions). Sec. 37.018: COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS. Requires a school board or designee to regularly meet with juvenile board concerning supervision and rehabilitative services for expelled students and students in alternative education programs. Matters of discussion shall include services by probation officers, AES, recruitment of volunteers, tutoring services and coordinations of other social services. Sec. 37.019: COURT-RELATED CHILDREN--LIAISON OFFICERS. Each school is required to appoint at least one educator to act as a court-related children's liaison officer. The officer shall provide counseling and services for each court-related child and the child's parents. Sec. 37.020: REPORTS TO LOCAL LAW ENFORCEMENT;LIABILITY. Corollary to Article 15.27 of Code of Criminal Procedure. Requires school districts to notify district police and local police if a principal has reasonable grounds to believe certain offenses occurred on school property or at a schoolsponsored or school-related events on or off school property. A person is not liable for civil damages for reporting in good faith. Sec. 37.021: REPORT OF DRUG OFFENSES; LIABILITY. A teacher, school administrator or school employee is not liable for civil damages for reporting a student who is suspected of using, possessing, or selling a controlled substance, marihuana, dangerous drug, volatile chemical or inhalant, or alcohol. Sec. 37.022: DESTRUCTION OF CERTAIN RECORDS. SB 133 amends Article 15.27, Code of Criminal Procedure to require a law enforcement agency to notify the superintendent or designee of a school district of the arrest of a student assigned to or enrolled in the school district. C.S.S.B. 133 requires that records obtained under Article 15.27 Code of Criminal Procedure not be a part of the permanent academic file of a student and must be destroyed through provisions in new section 37.022, Destruction of Certain Records, Education Code. CSSB 133 also requires that each school district must provide each teacher and administrator with a copy of the local policy relating to Subchapter A, Chapter 37. Sec. 37.023: INFORMATION FOR EDUCATORS. Each school district shall provide each teacher and administrator with a copy of the policy related the this subchapter. The committee substitute also makes conforming changes to other section of the Education Code and the Family Code that are not addressed in SB 133.