By Price                                        H.B. No. 1813

      75R7438 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to placement of a student who is expelled from public

 1-3     school in a juvenile justice alternative education program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 37.001, Education Code is amended to read

 1-6     as follows:

 1-7           (a)  Each school district shall, with the advice of its

 1-8     district-level committee established under Section 11.251, [and

 1-9     jointly, as appropriate, with the juvenile board of each county in

1-10     which the district is located,] adopt a student code of conduct for

1-11     the district.  In addition to establishing standards for student

1-12     conduct, the student code of conduct must:

1-13                 (1)  specify the circumstances, in accordance with this

1-14     subchapter, under which a student may be removed from a classroom,

1-15     campus, or alternative education program;

1-16                 [(2)  outline the responsibilities of each juvenile

1-17     board concerning the establishment and operations of a juvenile

1-18     justice alternative education program under Section 37.011;]

1-19                 [(3)  define the conditions on payments from the

1-20     district to each juvenile board;]

1-21                 (2) [(4)]  specify conditions that authorize or require

1-22     a principal or other appropriate administrator to transfer a

1-23     student to an alternative education program; and

1-24                 (3) [(5)]  outline conditions under which a student may

 2-1     be suspended as provided by Section 37.005 or expelled as provided

 2-2     by Section 37.007.

 2-3           SECTION 2.  Section 37.006(a)(2)(B), Education Code, is

 2-4     amended to read as follows:

 2-5                       (B)  a dangerous drug, as defined by Chapter 483,

 2-6     Health and Safety Code.  Notwithstanding the foregoing, this

 2-7     provision does not apply to a student who is taking medication

 2-8     under the authorization of a physician's prescription and in such

 2-9     instance the school's nurse shall be notified of the prescription

2-10     and shall administer the medication to the student unless the

2-11     student's medical condition requires the student to keep the

2-12     medication on his or her person.

2-13           SECTION 3.  Section 37.007(b), Education Code, is amended to

2-14     read as follows:

2-15           (b)  A student may be expelled if the student, while

2-16     attending [after being placed in] an alternative education program

2-17     for disciplinary reasons, continues to engage in serious or

2-18     persistent misbehavior that violates the district's student code of

2-19     conduct.

2-20           SECTION 4.  Section 37.007(c), Education Code, is amended to

2-21     read as follows:

2-22           (c)  A student shall be expelled if the student engages in

2-23     conduct, either on or off school property whether or not the

2-24     student is attending a school-sponsored or school-related activity,

2-25     that contains the elements of any offense listed in Subsection (a)

2-26     against any employee in retaliation for or as a result of the

2-27     employee's employment with a school district.

 3-1           SECTION 5.  Section 37.010(c), Education Code, is repealed in

 3-2     its entirety.

 3-3           SECTION 6.  Section 37.010(f), Education Code, is amended to

 3-4     read as follows:

 3-5           (f)  If a student is expelled under Section 37.007, on the

 3-6     recommendation of the committee established under Section 37.003 or

 3-7     on its own initiative, a district may readmit the student while the

 3-8     student is completing any court disposition requirements the court

 3-9     imposes.  After the student has successfully completed any court

3-10     disposition requirements the court imposes, including conditions of

3-11     a deferred prosecution ordered by the court, or such conditions

3-12     required by the prosecutor or probation department, or if no

3-13     disposition requirements are imposed and the school district

3-14     received such notice under Section 52.041(d) of the Texas Family

3-15     Code, if the student meets the requirements for admission into the

3-16     public schools established by this title, a district may not refuse

3-17     to admit the student, but the district may:  1.  Notwithstanding

3-18     Section 37.002(d), return the student to the classroom of the

3-19     teacher under whose supervision the offense occurred with that

3-20     teacher's consent, and such consent shall be in the sole discretion

3-21     of that teacher.  The teacher may not be coerced to consent.; (2)

3-22     place the student in another appropriate classroom with the consent

3-23     of the teacher, and such consent shall be in the sole discretion of

3-24     that teacher.  The teacher may not be coerced to consent; or (3)

3-25     place the student in the alternative education program. [place the

3-26     student in the alternative education program.  Notwithstanding

3-27     Section 37.002(d), the student may not be returned to the classroom

 4-1     of the teacher under whose supervision the offense occurred without

 4-2     that teacher's consent.  The teacher may not be coerced to

 4-3     consent.]

 4-4           SECTION 7.  Section 37.011(b), Education Code, is amended to

 4-5     read as follows:

 4-6           (b)  If a student is expelled from school under [found to

 4-7     have engaged in conduct described by] Section 37.007 [and the

 4-8     student is found by a juvenile court to have engaged in delinquent

 4-9     conduct under Title 3, Family Code], the juvenile court shall:

4-10                 (1)  if the student is placed on probation under

4-11     Section 54.04, Family Code, order the student to attend [require]

4-12     the juvenile justice alternative education program in the county in

4-13     which the student resides from the date of disposition as a

4-14     condition of probation, unless the child is placed in a

4-15     post-adjudication treatment facility [conduct occurred to provide

4-16     educational services to the student]; [and]

4-17                 (2)  if the student is placed on deferred prosecution

4-18     under Section 53.03, Family Code, by the court, prosecutor or

4-19     probation department, require [order] the student to attend the

4-20     juvenile justice alternative education program for a period of time

4-21     not to exceed six months as a condition of the deferred prosecution

4-22     in the county in which the student resides [from the date of

4-23     adjudication]; and

4-24                 (3)  in determining the conditions of the deferred

4-25     prosecution or court ordered probation, consider the length of the

4-26     school district's expulsion order for the student.

4-27           SECTION 8.  Section 37.011(d), Education Code, is amended to

 5-1     read as follows:

 5-2           (d)  A juvenile justice alternative education program must

 5-3     focus on English language arts, mathematics, science, history, and

 5-4     self-discipline.  Each program shall administer assessment

 5-5     instruments under Subchapter B, Chapter 39, and shall offer a high

 5-6     school equivalency program in a manner that will allow a student to

 5-7     graduate in the same academic year that the student would otherwise

 5-8     have an opportunity to graduate if the student were in attendance

 5-9     at the student's assigned school campus, including terms of summer

5-10     school.

5-11           SECTION 9.  Section 37.011, Education Code is amended to add

5-12     Subsection (k) and (l) to read as follows:

5-13           (k)  Each school district in a county with a population

5-14     greater than 125,000 and the county juvenile board shall annually

5-15     enter into one joint memorandum of understanding that:

5-16                 (1)  outlines the responsibilities of each juvenile

5-17     board concerning the establishment and operation of a juvenile

5-18     justice alternative education program under this section;

5-19                 (2)  defines the amount and conditions on payments from

5-20     the school districts to the juvenile board;

5-21                 (3)  states a single definition of serious or

5-22     persistent misbehavior in a disciplinary alternative education

5-23     program for which a student may be expelled under Section

5-24     37.007(b), as defined by the local school district with input from

5-25     the county juvenile board;

5-26                 (4)  establishes services for the transitioning of

5-27     expelled students to the school district prior to the completion of

 6-1     the student's placement in the juvenile justice alternative

 6-2     education program; and

 6-3                 (5)  establishes a plan that provides transportation

 6-4     services for students placed in the juvenile justice alternative

 6-5     education program.

 6-6           (l)  Each school district in a county with a population

 6-7     greater than 125,000 and the county juvenile board shall adopt a

 6-8     joint memorandum of understanding as required by this section not

 6-9     later than September 1, 1997.  This subsection expires SEPTEMBER 1,

6-10     1998.

6-11           SECTION 10.  Section 51.03(b)(6), Family Code, is amended to

6-12     read as follows:

6-13           (b)(6)  an act that violates a school district's previously

6-14     communicated written standards of student conduct for which the

6-15     child has been expelled under Section 37.007(b) [21.3011], Education

6-16     Code; or

6-17           SECTION 11.  Section 52.041, Family Code, is amended by

6-18     adding Subsection (c) and (d) to read as follows:

6-19           (c)  Within five working days of a receipt of an expulsion

6-20     notice under this section by the office or official designated by

6-21     the juvenile court, a preliminary investigation and determination

6-22     shall be conducted as required by Section 53.01.

6-23           (d)  The office or official designated by the juvenile court

6-24     shall notify the school district that expelled the child within two

6-25     working days if:

6-26                 (1)  a determination was made under Section 53.01 that

6-27     the person referred to juvenile court was not a child within the

 7-1     meaning of this title;

 7-2                 (2)  a determination was made that no probable cause

 7-3     existed to believe the child engaged in delinquent conduct or

 7-4     conduct indicating a need for supervision;

 7-5                 (3)  no deferred prosecution or formal court

 7-6     proceedings have been or will be initiated involving the child; or

 7-7                 (4)  the court or jury finds that the child did not

 7-8     engage in delinquent conduct or conduct indicating a need for

 7-9     supervision, and the case has been dismissed with prejudice.

7-10           SECTION 12.  Section 53.02, Family Code, is amended by adding

7-11     Subsection (e) to read as follows:

7-12           (e)  If a child being released under this section has been

7-13     expelled under Section 37.007, Education Code, the release may be

7-14     conditioned on the child attending a juvenile justice alternative

7-15     education program pending a deferred prosecution or formal court

7-16     proceedings.

7-17           SECTION 13.  Section 54.01(f), Family Code, is amended to

7-18     read as follows:

7-19           (f)  A release may be conditioned on requirements reasonably

7-20     necessary to insure the child's appearance at later proceedings,

7-21     but the conditions of the release must be in writing and a copy

7-22     furnished to the child.  If a child being released under this

7-23     section has been expelled under Section 37.007, Education Code, the

7-24     release may be conditioned on the child attending a juvenile

7-25     justice alternative education program pending deferred prosecution

7-26     or formal court proceeding.

7-27           SECTION 14.  Section 59.003(a), Family Code, is amended to

 8-1     read as follows:

 8-2           (a)  Subject to Subsection (e), after a child's first

 8-3     commission of delinquent conduct or conduct indicating a need for

 8-4     supervision, the probation department may or the juvenile court

 8-5     may, in a disposition hearing under Section 54.04, assign a child

 8-6     one of the following sanction levels according to the child's

 8-7     conduct:

 8-8                 (1)  for conduct indicating a need for supervision,

 8-9     other than conduct described in Section 51.03(b) (6) or a Class A

8-10     or B misdemeanor, the sanction level is one;

8-11                 (2)  for conduct indicating a need for supervision

8-12     under Section 51.03(b) (6) and a Class A or B misdemeanor, other

8-13     than a misdemeanor involving the use or possession of a firearm, or

8-14     for delinquent conduct under Section 51.03(a)(2) or (3), the

8-15     sanction level is two;

8-16           SECTION 15.  Section 101.051, Texas Civil Practice and

8-17     Remedies Code, is amended to read as follows:

8-18           Sec. 101.051 Except as to motor vehicles, this chapter does

8-19     not apply to a school district, a juvenile justice alternative

8-20     education program or to a junior college.

8-21           SECTION 16.  This act applies beginning with the 1997-1998

8-22     school year.

8-23           SECTION 17.  The importance of this legislation and the

8-24     crowded condition of the calendars in both houses create an

8-25     emergency and an imperative public necessity that the

8-26     constitutional rule requiring bills to be read on three several

8-27     days in each house be suspended, and this rule is hereby suspended,

 9-1     and that this Act take effect and be in force from and after its

 9-2     passage, and it is so enacted.