1-1                                   AN ACT

 1-2     relating to public education.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 7, Education Code, is

 1-5     amended by adding Section 7.025 to read as follows:

 1-6           Sec. 7.025.  PARENTAL INVOLVEMENT DIVISION.  (a)  The agency

 1-7     shall develop, implement, and administer programs and activities to

 1-8     encourage and maintain parental involvement in public schools.

 1-9           (b)  The commissioner shall, to the greatest extent

1-10     practicable, attempt to consolidate all agency programs and

1-11     activities related to parental involvement to ensure greater and

1-12     easier access by parents and to ensure greater efficiency of agency

1-13     operations.

1-14           SECTION 2.  Section 7.056(b), Education Code, is amended to

1-15     read as follows:

1-16           (b)  A school campus or district seeking a waiver must submit

1-17     a written application to the commissioner not later than the 31st

1-18     day before the campus or district intends to take action requiring

1-19     a waiver.  The application must include:

1-20                 (1)  a written plan approved by the board of trustees

1-21     of the district that states the achievement objectives of the

1-22     campus or district and the inhibition imposed on those objectives

1-23     by the requirement, restriction, or prohibition; and

1-24                 (2)  written comments and the signature of the

 2-1     chairperson of [from] the appropriate campus- or district-level

 2-2     committee established under Section 11.251 evidencing review of the

 2-3     application by a majority of the members of the committee as

 2-4     follows:

 2-5                       (A)  in the case of an application by a district,

 2-6     the chairperson of the district-level committee and of each

 2-7     campus-level committee whose campus is affected by the waiver must

 2-8     comment on and sign the application; and

 2-9                       (B)  in the case of an application by a campus,

2-10     the chairperson of the campus-level committee for that campus must

2-11     comment on and sign the application.

2-12           SECTION 3.  Subchapter A, Chapter 37, Education Code, is

2-13     amended by adding Section 37.0031 to read as follows:

2-14           Sec. 37.0031.  LIMITING ASSIGNMENT OF CERTAIN STUDENTS TO

2-15     CLASS OF VICTIM.  A student who has been adjudicated as having

2-16     engaged in delinquent conduct as defined under Section 51.03,

2-17     Family Code, that included violation of Section 21.11, 22.011, or

2-18     22.021, Penal Code, or who has been convicted of an offense under

2-19     one of those sections, may not be assigned to the same class as the

2-20     victim of that delinquent conduct or offense, as applicable,

2-21     without the consent of the victim's parent or of the victim, if the

2-22     victim is 18 years of age or older, unless the principal determines

2-23     that such a placement is the only alternative.  The victim's parent

2-24     or the victim may appeal the principal's decision to the board of

2-25     trustees of the district.  The decision of the board is final and

2-26     may not be appealed.

2-27           SECTION 4.  Section 37.006, Education Code, is amended to

 3-1     read as follows:

 3-2           Sec. 37.006.  REMOVAL FOR CERTAIN CONDUCT.  (a)  Except as

 3-3     provided by Section 37.007(a)(3), a student shall be removed from

 3-4     class and placed in an alternative education program under [as

 3-5     provided by] Section 37.008 if the student [engages in conduct

 3-6     punishable as a felony, or] commits the following on school

 3-7     property or within 300 feet of school property, as measured from

 3-8     any point on the school's real property boundary line, or while

 3-9     attending a school-sponsored or school-related activity on or off

3-10     of school property:

3-11                 (1)  engages in conduct that contains the elements of

3-12     the offense of assault under Section 22.01(a)(1), Penal Code, or

3-13     terroristic threat under Section 22.07, Penal Code;

3-14                 (2)  sells, gives, or delivers to another person or

3-15     possesses or uses or is under the influence of:

3-16                       (A)  marihuana or a controlled substance, as

3-17     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

3-18     Section 801 et seq.; or

3-19                       (B)  a dangerous drug, as defined by Chapter 483,

3-20     Health and Safety Code;

3-21                 (3)  sells, gives, or delivers to another person an

3-22     alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage

3-23     Code, commits a serious act or offense while under the influence of

3-24     alcohol, or possesses, uses, or is under the influence of an

3-25     alcoholic beverage;

3-26                 (4)  engages in conduct that contains the elements of

3-27     an offense relating to abusable glue or aerosol paint under

 4-1     Sections 485.031 through 485.035, Health and Safety Code, or

 4-2     relating to volatile chemicals under Chapter 484, Health and Safety

 4-3     Code; or

 4-4                 (5)  engages in conduct that contains the elements of

 4-5     the offense of public lewdness under Section 21.07, Penal Code, or

 4-6     indecent exposure under Section 21.08, Penal Code.

 4-7           (b)  Except as provided by Section 37.007(c), a student shall

 4-8     be removed from class and placed in an alternative education

 4-9     program under Section 37.008 if the student engages in conduct that

4-10     contains the elements of the offense of retaliation under Section

4-11     36.06, Penal Code, against any school employee.

4-12           (c)  A student shall be removed from class and placed in an

4-13     alternative education program under Section 37.008 if:

4-14                 (1)  the student receives deferred prosecution under

4-15     Section 53.03, Family Code, for conduct defined as a felony offense

4-16     under Title 5, Penal Code;

4-17                 (2)  a court or jury finds, under Section 54.03, Family

4-18     Code, that the student has engaged in delinquent conduct on the

4-19     basis of conduct defined as a felony offense under Title  5, Penal

4-20     Code; or

4-21                 (3)  the superintendent or the superintendent's

4-22     designee has a reasonable belief that the student has engaged in

4-23     conduct defined as a felony offense under Title 5, Penal Code.

4-24           (d)  A student may be removed from class and placed in an

4-25     alternative education program under Section 37.008 if:

4-26                 (1)  the superintendent or the superintendent's

4-27     designee has a reasonable belief that the student has engaged in

 5-1     conduct defined as a felony offense other than conduct defined as a

 5-2     felony offense under Title 5, Penal Code; and

 5-3                 (2)  the continued presence of the student in the

 5-4     regular classroom threatens the safety of another student or a

 5-5     teacher or will be detrimental to the educational process.

 5-6           (e)  In determining whether there is a reasonable belief that

 5-7     a student has engaged in conduct defined as a felony offense other

 5-8     than conduct defined as a felony offense under Title 5, Penal Code,

 5-9     the superintendent or the superintendent's designee may consider

5-10     all available information, including the information furnished

5-11     under Article 15.27, Code of Criminal Procedure.

5-12           (f)  The terms of a placement under this section must

5-13     prohibit the student from attending or participating in a

5-14     school-sponsored or school-related activity.

5-15           (g)  On receipt of notice under Article 15.27(f), Code of

5-16     Criminal Procedure, the superintendent or the superintendent's

5-17     designee shall review the student's placement in the alternative

5-18     education program.  The student may not be returned to the regular

5-19     classroom pending the review.  The superintendent or the

5-20     superintendent's designee shall schedule a review of the student's

5-21     placement with the student's parent or guardian not later than the

5-22     third class day after the date the superintendent or

5-23     superintendent's designee receives notice from the office or

5-24     official designated by the court.  After reviewing the notice and

5-25     receiving information from the student's parent or guardian, the

5-26     superintendent or the superintendent's designee may continue the

5-27     student's placement in the alternative education program if there

 6-1     is reason to believe that the presence of the student in the

 6-2     regular classroom threatens the safety of another student or a

 6-3     teacher.

 6-4           (h)  The student or the student's parent or guardian may

 6-5     appeal the decision of the superintendent or the superintendent's

 6-6     designee under Subsection (g) to the board of trustees of the

 6-7     district.  The student may not be returned to the regular classroom

 6-8     pending the appeal.  The board of trustees shall, at the next

 6-9     scheduled meeting of the board, review the notice provided under

6-10     Article 15.27(f), Code of Criminal Procedure, and receive

6-11     information from the student, the student's parent or guardian, and

6-12     the superintendent or superintendent's designee, and confirm or

6-13     reverse the decision under Subsection (g).  The board shall make a

6-14     record of the proceedings.  If the board confirms the decision of

6-15     the superintendent or superintendent's designee, the board shall

6-16     inform the student and the student's parent or guardian of the

6-17     right to appeal to the commissioner under Subsection (i).

6-18           (i)  Notwithstanding Section 7.057(e), the decision of the

6-19     board of trustees under Subsection (h) may be appealed to the

6-20     commissioner under Section 7.057.  The student may not be returned

6-21     to the regular classroom pending the appeal.

6-22           SECTION 5.  Section 39.052, Education Code, is amended by

6-23     amending Subsections (b) and (c) and adding Subsection (d) to read

6-24     as follows:

6-25           (b)  The report card shall include the following information

6-26     where applicable:

6-27                 (1)  the academic excellence indicators adopted under

 7-1     Sections 39.051(b)(1) through (8);

 7-2                 (2)  student/teacher ratios; [and]

 7-3                 (3)  administrative and instructional costs per

 7-4     student;

 7-5                 (4)  the phone number of the agency's parental

 7-6     involvement division; and

 7-7                 (5)  the phone number at the agency to call for

 7-8     information concerning assessment instruments under Section 39.023.

 7-9           (c)  Phone numbers required under Subsections (b)(4) and (5)

7-10     must be toll free to further encourage parental involvement.

7-11           (d)  The commissioner shall adopt rules for requiring

7-12     dissemination of appropriate student performance portions of campus

7-13     report cards and the information required under Subsections (b)(4)

7-14     and (5) annually to the parent, guardian, conservator, or other

7-15     person  having lawful control of each student at the campus.  On

7-16     written request, the school district shall provide a copy of a

7-17     campus report card to any other party.

7-18           SECTION 6.  Section 45.105(c), Education Code, is amended to

7-19     read as follows:

7-20           (c)  Local school funds from district taxes, tuition fees of

7-21     students not entitled to a free education, [and] other local

7-22     sources, and state funds not designated for a specific purpose may

7-23     be used for the purposes listed for state and county funds and for

7-24     purchasing appliances and supplies, paying insurance premiums,

7-25     paying janitors and other employees, buying school sites, and

7-26     buying, building, repairing, and renting school buildings,

7-27     including acquiring school buildings and sites by leasing through

 8-1     annual payments with an ultimate option to purchase, and [paying]

 8-2     for other purposes [goods and services] necessary in the conduct of

 8-3     the public schools determined by the board of trustees.  The

 8-4     accounts and vouchers for county districts must be approved by the

 8-5     county superintendent.  If the state available school fund in any

 8-6     municipality or district is sufficient to maintain the schools in

 8-7     any year for at least eight months and leave a surplus, the surplus

 8-8     may be spent for the purposes listed in this subsection.

 8-9           SECTION 7.  Article 15.27, Code of Criminal Procedure, is

8-10     amended to read as follows:

8-11           Art. 15.27.  NOTIFICATION TO SCHOOLS REQUIRED.  (a)  A law

8-12     enforcement agency that arrests or refers to the office or official

8-13     designated by the juvenile court [takes into custody as provided by

8-14     Chapter 52, Family Code,] an individual who the agency [knows or]

8-15     believes is enrolled as a student in a public primary or secondary

8-16     school, for a felony [an] offense [listed in Subsection (h) of this

8-17     article], shall attempt to ascertain whether the individual is

8-18     enrolled.  If the law enforcement agency ascertains that the

8-19     individual is enrolled as a student in a public primary or

8-20     secondary school, the agency shall orally notify the superintendent

8-21     or a person designated by the superintendent in the school district

8-22     in which the student is enrolled [or believed to be enrolled] of

8-23     that arrest or referral [detention] within 24 hours after the

8-24     arrest or referral is made [detention], or on the next school day.

8-25     If the law enforcement agency cannot ascertain whether the

8-26     individual is enrolled as a student, the agency shall orally notify

8-27     the superintendent or a person designated by the superintendent in

 9-1     the school district in which the student is believed to reside of

 9-2     that arrest or detention within 24 hours after the arrest or

 9-3     detention, or on the next school day.  If the individual is a

 9-4     student, the  [The] superintendent shall promptly notify all

 9-5     instructional and support personnel who are responsible for the

 9-6     supervision of [have regular contact with] the student.  All

 9-7     personnel shall keep the information received in this subsection

 9-8     confidential.  The State Board for Educator Certification may

 9-9     revoke or suspend the certification of personnel who intentionally

9-10     violate this subsection.  Within seven days after the date the oral

9-11     notice is given, the law enforcement agency shall mail written

9-12     notification, marked "PERSONAL and CONFIDENTIAL" on the mailing

9-13     envelope, to the superintendent or the person designated by the

9-14     superintendent.  Both the oral and written notice must contain

9-15     sufficient details of the arrest or referral and each act allegedly

9-16     committed by the student to enable the superintendent or the

9-17     superintendent's designee to determine whether there is a

9-18     reasonable belief that the student has engaged in conduct defined

9-19     as a felony offense under the Penal Code.  The information

9-20     contained in the notice may be considered by the superintendent or

9-21     the superintendent's designee in making the determination.  [The

9-22     written notification must have the following printed on its face in

9-23     large, bold letters:  "WARNING:  The information contained in this

9-24     notice is intended only to inform appropriate school personnel of

9-25     an arrest or detention of a student believed to be enrolled in this

9-26     school.  An arrest or detention should not be construed as proof

9-27     that the student is guilty.  Guilt is determined in a court of law.

 10-1    THE INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"]

 10-2          (b)  On conviction or on an adjudication of delinquent

 10-3    conduct of an individual enrolled as a student in a public primary

 10-4    or secondary school, for a felony [an] offense [or for any conduct

 10-5    listed in Subsection (h) of this article], the office of the

 10-6    prosecuting attorney acting in the case shall orally notify the

 10-7    superintendent or a person designated by the superintendent in the

 10-8    school district in which the student is enrolled of the conviction

 10-9    or adjudication.  Oral notification must be given within 24 hours

10-10    of the time of the determination of guilt, or on the next school

10-11    day.  The superintendent shall promptly notify all instructional

10-12    and support personnel who are responsible for the supervision of

10-13    the student.  Within seven days after the date the oral notice is

10-14    given, the office of the prosecuting attorney shall mail written

10-15    notice, which must contain a statement of the offense of which the

10-16    individual is convicted or on which the adjudication is grounded.

10-17          (c)  A parole or probation office having jurisdiction over a

10-18    student described by Subsection (a), (b), or (d) [(e) of this

10-19    article] who transfers from a school or is subsequently removed

10-20    from a school and later returned to a school or school district

10-21    other than the one the student was enrolled in when the arrest,

10-22    referral to a juvenile court [detention], conviction, or

10-23    adjudication occurred shall notify the new school officials of the

10-24    arrest or referral [detention] in a manner similar to that provided

10-25    for by Subsection (a) or (d)(1) [(e)(1) of this article], or of the

10-26    conviction or delinquent adjudication in a manner similar to that

10-27    provided for by Subsection (b) or (d)(2) [(e)(2) of this article].

 11-1    The new school officials shall promptly notify all instructional

 11-2    and support personnel who are responsible for the supervision of

 11-3    the student.

 11-4          (d)  [The superintendent or a person designated by the

 11-5    superintendent in the school district may send to a school district

 11-6    employee having direct supervisory responsibility over the student

 11-7    the information contained in the confidential notice if the

 11-8    superintendent or the person designated by the superintendent

 11-9    determines that the school district employee needs the information

11-10    for educational purposes or for the protection of the person

11-11    informed or others.]

11-12          [(e)](1)  A law enforcement agency that arrests or refers to

11-13    a juvenile court under Chapter 52, Family Code, [detains] an

11-14    individual who [that] the law enforcement agency knows or believes

11-15    is enrolled as a student in a private primary or secondary school

11-16    shall make the oral and written notifications described by

11-17    Subsection (a) [of this article] to the principal or a school

11-18    employee designated by the principal of the school in which the

11-19    student is enrolled.

11-20                (2)  On conviction or an adjudication of delinquent

11-21    conduct of an individual enrolled as a student in a private primary

11-22    or secondary school, the office of prosecuting attorney shall make

11-23    the oral and written notifications described by Subsection (b) [of

11-24    this article] to the principal or a school employee designated by

11-25    the principal of the school in which the student is enrolled.

11-26                (3)  The principal of a private school in which the

11-27    student is enrolled or a school employee designated by the

 12-1    principal may send to a school employee having direct supervisory

 12-2    responsibility over the student the information contained in the

 12-3    confidential notice[, for the same purposes as described by

 12-4    Subsection (d) of this article].

 12-5          (e) [(f)]  A person who receives information under this

 12-6    article may not disclose the information except as specifically

 12-7    authorized by this article.  A person who intentionally violates

 12-8    this article commits an offense.  An offense under this subsection

 12-9    is a Class C misdemeanor.

12-10          (f)  The office of the prosecuting attorney or the office or

12-11    official designated by the juvenile court shall within two working

12-12    days after the action notify the school district that removed a

12-13    student to an alternative education program under Sections 37.006

12-14    and 37.008, Education Code, if:

12-15                (1)  prosecution of the student's case was refused for

12-16    lack of prosecutorial merit or insufficient evidence and a formal

12-17    proceeding, deferred adjudication, or deferred prosecution will not

12-18    be initiated; or

12-19                (2)  the court or a jury found the student not guilty

12-20    or made a finding that the student did not engage in delinquent

12-21    conduct or conduct indicating a need for supervision, and the case

12-22    was dismissed with prejudice.

12-23          [(g)  On receipt of a notice under this article, a school

12-24    official may take the precautions necessary to prevent further

12-25    violence in the school, on school property, or at school-sponsored

12-26    or school-related activities on or off school property, but may not

12-27    penalize a student solely because a notification is received about

 13-1    the student.]

 13-2          [(h)  This article applies to:]

 13-3                [(1)  an offense listed in Section 8(c), Article 42.18,

 13-4    Code of Criminal Procedure; reckless conduct, as described by

 13-5    Section 22.05, Penal Code; or a terroristic threat, as described by

 13-6    Section 22.07, Penal Code;]

 13-7                [(2)  the unlawful use, sale, or possession of a

 13-8    controlled substance, drug paraphernalia, or marihuana, as defined

 13-9    by Chapter 481, Health and Safety Code;]

13-10                [(3)  the unlawful possession of any of the weapons or

13-11    devices listed in  Sections 46.01(1)-(14) or (16), Penal Code; or a

13-12    weapon listed as a prohibited weapon under Section 46.05, Penal

13-13    Code; or]

13-14                [(4)  a criminal offense under Section 71.02, Penal

13-15    Code.]

13-16          SECTION 8.  The amendment to Sections 39.052(b) and (d),

13-17    Education Code, by this Act, applies to campus report cards for the

13-18    1997-1998 school year and each school year thereafter.

13-19          SECTION 9.  This Act takes effect September 1, 1997.

13-20          SECTION 10.  The importance of this legislation and the

13-21    crowded condition of the calendars in both houses create an

13-22    emergency and an imperative public necessity that the

13-23    constitutional rule requiring bills to be read on three several

13-24    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 583 was passed by the House on May

         13, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 583 on May 24, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 583 on June 1, 1997, by a

         non-record vote; and that the House adopted H.C.R. No. 337

         authorizing certain corrections in H.B. No. 583 on June 2, 1997, by

         a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 583 was passed by the Senate, with

         amendments, on May 22, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 583 on June 1, 1997, by

         a viva-voce vote; and that the Senate adopted H.C.R. No. 337

         authorizing certain corrections in H.B. No. 583 on June 2, 1997, by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor