By Bivins                                        S.B. No. 132

      75R2539 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to placement of a public school student in an alternative

 1-3     education program.

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

 1-5           SECTION 1.  Section 37.009(a), Education Code, is amended to

 1-6     read as follows:

 1-7           (a)  Not later than the third class day after the day on

 1-8     which a student is removed from class by the teacher under Section

 1-9     37.002(b) or (d) or by the school principal or the principal's

1-10     designee under Section 37.006, the [school] principal shall

1-11     schedule a hearing among the principal or the principal's designee,

1-12     a parent or guardian of the student, the teacher removing the

1-13     student from class, if any, and the student.  The student may not

1-14     be returned to the regular classroom pending the hearing.

1-15     Following the hearing, and whether or not each requested person is

1-16     in attendance after valid attempts to require the person's

1-17     attendance, the principal shall order the placement of the student

1-18     as provided by Section 37.002 or 37.006, as applicable, for a

1-19     period consistent with the student code of conduct and this

1-20     subchapter.

1-21           SECTION 2.  This Act applies beginning with the 1997-1998

1-22     school year.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended.