By:  Bivins                                   S.B. No. 132

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to placement of a public school student in an alternative

 1-2     education program.

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

 1-4           SECTION 1.  Section 37.009, Education Code, is amended by

 1-5     amending the section heading and Subsection (a) to read as follows:

 1-6           Sec. 37.009.  CONFERENCE; HEARING; REVIEW.  (a)  Not later

 1-7     than the third class day after the day on which a student is

 1-8     removed from class by the teacher under Section 37.002(b) or (d) or

 1-9     by the school principal or other appropriate administrator under

1-10     Section 37.006, the [school] principal or other appropriate

1-11     administrator shall schedule a conference [hearing] among the

1-12     principal or other appropriate administrator [the principal's

1-13     designee], a parent or guardian of the student, the teacher

1-14     removing the student from class, if any, and the student.  At the

1-15     conference, the student is entitled to written or oral notice of

1-16     the reasons for the removal, an explanation of the basis for the

1-17     removal, and an opportunity to respond to the reasons for the

1-18     removal.  The student may not be returned to the regular classroom

1-19     pending the conference [hearing].  Following the conference

1-20     [hearing], and whether or not each requested person is in

1-21     attendance after valid attempts to require the person's attendance,

1-22     the principal shall order the placement of the student as provided

1-23     by Section 37.002 or 37.006, as applicable, for a period consistent

 2-1     with the student code of conduct.  A student may appeal the

 2-2     principal's or other administrator's decision to the board of

 2-3     trustees or the board's designee.  A decision of the board or the

 2-4     board's designee under this subsection is final and may not be

 2-5     appealed.

 2-6           SECTION 2.  This Act applies beginning with the 1997-1998

 2-7     school year.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.