By Goodman H.B. No. 1090
75R4271 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discipline of public school students and to juvenile
1-3 justice alternative education programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.001(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) Each school district shall, with the advice of its
1-8 district-level committee established under Section 11.251, adopt a
1-9 student code of conduct for the district. Provisions of that code
1-10 concerning placement in and removal of a student from an
1-11 alternative education program under Sections 37.002, 37.006, and
1-12 37.009, or the definition of "serious and persistent misbehavior"
1-13 for purposes of Sections 37.007(b) and 37.009(c), shall be adopted
1-14 [and] jointly[, as appropriate,] with the juvenile board of each
1-15 county in which the district is located[, adopt a student code of
1-16 conduct for the district]. In addition to establishing standards
1-17 for student conduct, the student code of conduct must:
1-18 (1) specify the circumstances, in accordance with this
1-19 subchapter, under which a student may be removed from a classroom,
1-20 campus, or alternative education program;
1-21 (2) outline the responsibilities of each juvenile
1-22 board concerning the establishment and operation of a juvenile
1-23 justice alternative education program under Section 54.0422, Family
1-24 Code [37.011];
2-1 (3) define the conditions on payments from the
2-2 district to each juvenile board;
2-3 (4) specify conditions that authorize or require a
2-4 principal or other appropriate administrator to transfer a student
2-5 to an alternative education program; and
2-6 (5) outline conditions under which a student may be
2-7 suspended as provided by Section 37.005 or expelled as provided by
2-8 Section 37.007.
2-9 SECTION 2. Section 37.002, Education Code, is amended by
2-10 adding Subsection (e) to read as follows:
2-11 (e) When a student is removed from class under this section,
2-12 the principal or principal's designee shall afford the student
2-13 appropriate due process as required by the federal constitution.
2-14 SECTION 3. Section 37.006, Education Code, is amended to
2-15 read as follows:
2-16 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
2-17 provided by Section 37.007[(a)(3)], a student shall be removed from
2-18 class and placed in an alternative education program as provided by
2-19 Section 37.008 if the student [engages in conduct punishable as a
2-20 felony, or commits the following] on school property or while
2-21 attending a school-sponsored or school-related activity on or off
2-22 of school property:
2-23 (1) engages in conduct that contains the elements of
2-24 the offense of assault under Section 22.01(a)(1), Penal Code, or
2-25 terroristic threat under Section 22.07, Penal Code;
2-26 (2) sells, gives, or delivers to another person or
2-27 possesses or uses or is under the influence of:
3-1 (A) marihuana or a controlled substance, as
3-2 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
3-3 Section 801 et seq.; or
3-4 (B) a dangerous drug, as defined by Chapter 483,
3-5 Health and Safety Code;
3-6 (3) sells, gives, or delivers to another person an
3-7 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
3-8 Code, commits a serious act or offense while under the influence of
3-9 alcohol, or possesses, uses, or is under the influence of an
3-10 alcoholic beverage;
3-11 (4) engages in conduct that contains the elements of
3-12 an offense relating to abusable glue or aerosol paint under
3-13 Sections 485.031 through 485.035, Health and Safety Code, or
3-14 relating to volatile chemicals under Chapter 484, Health and Safety
3-15 Code; [or]
3-16 (5) engages in conduct that contains the elements of
3-17 the offense of public lewdness under Section 21.07, Penal Code, or
3-18 indecent exposure under Section 21.08, Penal Code; or
3-19 (6) engages in other conduct that is punishable as a
3-20 felony.
3-21 (b) Except as provided by Section 37.007(c), a student shall
3-22 be removed from class and placed in an alternative education
3-23 program under Section 37.008 if the student engages in conduct that
3-24 contains the elements of the offense of retaliation under Section
3-25 36.06, Penal Code, against any school employee.
3-26 (c) A student shall be removed from class and placed in an
3-27 alternative education program under Section 37.008 if the student
4-1 off of school property and not while attending a school-sponsored
4-2 or school-related activity engages in the following conduct if the
4-3 conduct is punishable as a felony:
4-4 (1) conduct that contains the elements of an offense
4-5 under Title 5, Penal Code;
4-6 (2) possessing, delivering to another person, or
4-7 manufacturing:
4-8 (A) marihuana or a controlled substance, as
4-9 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
4-10 Section 801 et seq.; or
4-11 (B) a dangerous drug, as defined by Chapter 483,
4-12 Health and Safety Code;
4-13 (3) committing a serious act or offense while under
4-14 the influence of alcohol; or
4-15 (4) using, exhibiting, or possessing:
4-16 (A) a firearm as defined by Section 46.01(3),
4-17 Penal Code;
4-18 (B) an illegal knife as defined by Section
4-19 46.01(6), Penal Code, or by local policy;
4-20 (C) a club as defined by Section 46.01(1), Penal
4-21 Code; or
4-22 (D) a weapon listed as a prohibited weapon under
4-23 Section 46.05, Penal Code.
4-24 (d) When a student is removed from class under this section,
4-25 the principal or principal's designee shall afford the student
4-26 appropriate due process as required by the federal constitution.
4-27 (e) The terms of a placement under this section must
5-1 prohibit the student from attending or participating in a
5-2 school-sponsored or school-related activity.
5-3 SECTION 4. Sections 37.010, 37.011, and 37.012, Education
5-4 Code, are transferred to Chapter 54, Family Code, and redesignated
5-5 as Sections 54.0421, 54.0422, and 54.0423, Family Code,
5-6 respectively, and amended to read as follows:
5-7 Sec. 54.0421 [37.010]. COURT INVOLVEMENT AFTER SCHOOL
5-8 DISTRICT ACTION. (a) Not later than the second business day after
5-9 the date a hearing is held under Section 37.009, Education Code,
5-10 the board of trustees of a school district or the board's designee
5-11 shall deliver a copy of the order placing a student in an
5-12 alternative education program under Section 37.006, Education Code,
5-13 or expelling a student under Section 37.007, Education Code, and
5-14 any information required under Section 52.04[, Family Code,] to the
5-15 authorized officer of the juvenile court in the county in which the
5-16 student resides. Except as provided by Subsection (b), the officer
5-17 may determine whether:
5-18 (1) a petition should be filed alleging that the
5-19 student is in need of supervision or has engaged in delinquent
5-20 conduct; or
5-21 (2) the student should be referred to an appropriate
5-22 state agency.
5-23 (b) Notwithstanding any other provision of this code, if
5-24 [If] a student is expelled under Section 37.007(b), Education Code,
5-25 the board of trustees or its designee shall refer the student to
5-26 the authorized officer of the juvenile court for [appropriate]
5-27 proceedings under this title or place the student in an appropriate
6-1 district or community alternative education program [Title 3,
6-2 Family Code]. If the board of trustees refers the student to the
6-3 officer of the juvenile court, the juvenile court may require a
6-4 juvenile justice alternative education program to provide services
6-5 to the student as provided by Sections 54.0422(b)(1) and (2).
6-6 (c) Unless the juvenile board for the county in which the
6-7 school district's central administrative office is located has
6-8 entered into a memorandum of understanding with the district's
6-9 board of trustees concerning the juvenile probation department's
6-10 role in supervising and providing other support services for
6-11 students in alternative education programs, a court may not order a
6-12 student expelled under Section 37.007, Education Code, to attend a
6-13 regular classroom, a regular campus, or a school district
6-14 alternative education program under Section 37.008, Education Code,
6-15 as a condition of probation.
6-16 (d) Unless the juvenile board for the county in which the
6-17 school district's central administrative office is located has
6-18 entered into a memorandum of understanding as described by
6-19 Subsection (c), if a court orders a student to attend an
6-20 alternative education program under Section 37.008, Education Code,
6-21 as a condition of probation once during a school year and the
6-22 student is referred to juvenile court again during that school
6-23 year, the juvenile court may not order the student to attend an
6-24 alternative education program in a school district without the
6-25 district's consent until the student has successfully completed any
6-26 sentencing requirements the court imposes.
6-27 (e) Any placement in an alternative education program under
7-1 Section 37.008, Education Code, by a court under this section must
7-2 prohibit the student from attending or participating in
7-3 school-sponsored or school-related activities.
7-4 (f) If a student is expelled under Section 37.007, Education
7-5 Code, on the recommendation of the committee established under
7-6 Section 37.003, Education Code, or on its own initiative, a school
7-7 district may readmit the student while the student is completing
7-8 any court disposition requirements the court imposes. After the
7-9 student has successfully completed any court disposition
7-10 requirements the court imposes, if the student meets the
7-11 requirements for admission into the public schools established by
7-12 Title 2, Education Code [this title], a school district may not
7-13 refuse to admit the student, but the district may place the student
7-14 in the alternative education program under Section 37.008,
7-15 Education Code. Notwithstanding Section 37.002(d), Education
7-16 Code, the student may not be returned to the classroom of the
7-17 teacher under whose supervision the offense occurred without that
7-18 teacher's consent. The teacher may not be coerced to consent.
7-19 (g) If an expelled student enrolls in another school
7-20 district, the board of trustees of the school district that
7-21 expelled the student shall provide to the district in which the
7-22 student enrolls, at the same time other records of the student are
7-23 provided, a copy of the expulsion order and the referral to the
7-24 authorized officer of the juvenile court.
7-25 (h) A person is not liable in civil damages for a referral
7-26 to juvenile court as required by this section.
7-27 Sec. 54.0422 [37.011]. JUVENILE JUSTICE ALTERNATIVE
8-1 EDUCATION PROGRAM. (a) The juvenile board of a county with a
8-2 population greater than 125,000 shall develop a juvenile justice
8-3 alternative education program, subject to the approval of the Texas
8-4 Juvenile Probation Commission. The juvenile board of a county with
8-5 a population of 125,000 or less may develop a juvenile justice
8-6 alternative education program. A juvenile justice alternative
8-7 education program in a county with a population of 125,000 or less:
8-8 (1) is not required to be approved by the Texas
8-9 Juvenile Probation Commission; and
8-10 (2) is not subject to Subsection (c), (d), [(f), or]
8-11 (g), or (h).
8-12 (b) If a student is found to have engaged in conduct
8-13 described by Section 37.007, Education Code, and the student is
8-14 found by a juvenile court to have engaged in delinquent conduct
8-15 under this title [Title 3, Family Code], the juvenile court shall:
8-16 (1) require the juvenile justice alternative education
8-17 program in the county in which the student resides, or if the
8-18 student attends school in a different county, in the county in
8-19 which the student attends school, [the conduct occurred] to provide
8-20 educational services to the student; and
8-21 (2) order the student to attend the program from the
8-22 date of adjudication.
8-23 (c) A juvenile justice alternative education program shall
8-24 adopt a student code of conduct in accordance with Section 37.001,
8-25 Education Code.
8-26 (d) A juvenile justice alternative education program must
8-27 focus on English language arts, mathematics, science, history, and
9-1 self-discipline. Each program shall administer assessment
9-2 instruments under Subchapter B, Chapter 39, Education Code, [and
9-3 shall] offer a high school equivalency program, and provide for
9-4 graduation for a student who satisfies requirements for graduation
9-5 under Section 28.025, Education Code. A school district shall
9-6 treat course credit earned by a student while in a juvenile justice
9-7 alternative education program as if the student had earned the
9-8 credit at a district school.
9-9 (e) A juvenile justice alternative education program may be
9-10 provided in a facility owned by a school district. A school
9-11 district may provide personnel and services for a juvenile justice
9-12 alternative education program under a contract with the juvenile
9-13 board.
9-14 (f) The school district in which a student attends school
9-15 remains responsible for providing to a student in a juvenile
9-16 justice alternative education program who is eligible to
9-17 participate in the district's special education program the related
9-18 services, as related services are defined by Section 29.002,
9-19 Education Code, identified by the student's individualized
9-20 education program.
9-21 (g) A juvenile justice alternative education program must
9-22 operate at least:
9-23 (1) seven hours per day; and
9-24 (2) 180 days per year.
9-25 (h) [(g)] A juvenile justice alternative education program
9-26 shall be subject to a written operating policy developed by the
9-27 local juvenile justice board and submitted to the Texas Juvenile
10-1 Probation Commission for review and comment. A juvenile justice
10-2 alternative education program is not subject to a requirement
10-3 imposed by Title 2, Education Code [this title], other than a
10-4 reporting requirement, [or] a requirement imposed [by this chapter
10-5 or] by Chapter 39, Education Code, or a requirement that
10-6 specifically applies to a juvenile justice alternative education
10-7 program.
10-8 (i) [(h)] For purposes of accountability under Chapter 39,
10-9 Education Code, and the Foundation School Program under Chapter 42,
10-10 Education Code, a student enrolled in a juvenile justice
10-11 alternative education program is reported as if the student were
10-12 enrolled at the student's assigned campus in the student's
10-13 regularly assigned education program, including a special education
10-14 program.
10-15 (j) [(i)] A student transferred to a juvenile justice
10-16 alternative education program must participate in the program for
10-17 the full period ordered by the juvenile court unless the student's
10-18 school district agrees to accept the student before the date
10-19 ordered by the juvenile court. The juvenile court may not order a
10-20 period of transfer under this section that exceeds the term of any
10-21 probation ordered by the juvenile court.
10-22 (k) In relation to the development and operation of a
10-23 juvenile justice alternative education program, a juvenile board is
10-24 immune from liability to the same extent as a school district, and
10-25 the juvenile board's professional employees and volunteers are
10-26 immune from liability to the same extent as a school district's
10-27 professional employees and volunteers.
11-1 Sec. 54.0423 [37.012]. FUNDING OF JUVENILE JUSTICE
11-2 ALTERNATIVE EDUCATION PROGRAMS. (a) The school district in which
11-3 a student is enrolled on the date a juvenile court orders the
11-4 student to attend a juvenile justice alternative education program
11-5 shall transfer to the juvenile board in charge of the juvenile
11-6 justice alternative education program for the portion of the school
11-7 year for which the juvenile justice alternative education program
11-8 provides educational services funds equal to the district's average
11-9 per student expenditure in alternative education programs under
11-10 Section 37.008, Education Code. The district's average per student
11-11 expenditure shall be determined in accordance with Section
11-12 37.008(g), Education Code, except that special education funds for
11-13 related services, as related services are defined under Section
11-14 29.002, Education Code, shall be excluded in determining
11-15 expenditures and shall be retained by the district. Funds to cover
11-16 the administrative costs attributable to the student, as
11-17 administrative costs are defined under Section 42.201, Education
11-18 Code, shall be included in determining expenditures. Unless
11-19 otherwise agreed in a memorandum of understanding between the
11-20 district and the local juvenile justice board, the district shall
11-21 transfer funds as soon as the funds are available to the district.
11-22 (b) Funds received under this section must be expended on
11-23 juvenile justice alternative education programs.
11-24 (c) The Office of State-Federal Relations shall assist a
11-25 local juvenile probation department in identifying additional state
11-26 or federal funds to assist local juvenile probation departments
11-27 conducting educational or job training programs within juvenile
12-1 justice alternative education programs.
12-2 SECTION 5. Section 37.013, Education Code, is amended to
12-3 read as follows:
12-4 Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
12-5 JUVENILE BOARDS. The board of trustees of the school district or
12-6 the board's designee shall at least annually and at other times at
12-7 the call of the president of the board of trustees [regularly] meet
12-8 with the juvenile board for the county in which the district's
12-9 central administrative office is located or the juvenile board's
12-10 designee concerning supervision and rehabilitative services
12-11 appropriate for expelled students and students assigned to
12-12 alternative education programs. Matters for discussion shall
12-13 include development of a memorandum of understanding between the
12-14 district and the juvenile board, service by probation officers at
12-15 the alternative education program site, recruitment of volunteers
12-16 to serve as mentors and provide tutoring services, and coordination
12-17 with other social service agencies.
12-18 SECTION 6. Section 52.041, Family Code, is repealed.
12-19 SECTION 7. (a) Section 54.0422(k), Family Code, as added by
12-20 this Act, applies only to a cause of action that accrues on or
12-21 after September 1, 1997. An action that accrued before September
12-22 1, 1997, is governed by the law as it existed immediately before
12-23 that date, and that law is continued in effect for that purpose.
12-24 (b) Except as provided by Subsection (a) of this section,
12-25 this Act applies beginning with the 1997-1998 school year.
12-26 SECTION 8. The importance of this legislation and the
12-27 crowded condition of the calendars in both houses create an
13-1 emergency and an imperative public necessity that the
13-2 constitutional rule requiring bills to be read on three several
13-3 days in each house be suspended, and this rule is hereby suspended,
13-4 and that this Act take effect and be in force from and after its
13-5 passage, and it is so enacted.