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.