1-1 By: Bivins S.B. No. 132
1-2 (In the Senate - Filed December 16, 1996; January 14, 1997,
1-3 read first time and referred to Committee on Education;
1-4 March 3, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; March 3, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 132 By: Haywood
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to placement of a public school student in an alternative
1-11 education program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 37.009, Education Code, is amended by
1-14 amending the section heading and Subsection (a) to read as follows:
1-15 Sec. 37.009. CONFERENCE; HEARING; REVIEW. (a) Not later
1-16 than the third class day after the day on which a student is
1-17 removed from class by the teacher under Section 37.002(b) or (d) or
1-18 by the school principal or other appropriate administrator under
1-19 Section 37.006, the [school] principal or other appropriate
1-20 administrator shall schedule a conference [hearing] among the
1-21 principal or other appropriate administrator [the principal's
1-22 designee], a parent or guardian of the student, the teacher
1-23 removing the student from class, if any, and the student. At the
1-24 conference, the student is entitled to written or oral notice of
1-25 the reasons for the removal, an explanation of the basis for the
1-26 removal, and an opportunity to respond to the reasons for the
1-27 removal. The student may not be returned to the regular classroom
1-28 pending the conference [hearing]. Following the conference
1-29 [hearing], and whether or not each requested person is in
1-30 attendance after valid attempts to require the person's attendance,
1-31 the principal shall order the placement of the student as provided
1-32 by Section 37.002 or 37.006, as applicable, for a period consistent
1-33 with the student code of conduct. A student may appeal the
1-34 principal's or other administrator's decision to the board of
1-35 trustees or the board's designee. A decision of the board or the
1-36 board's designee under this subsection is final and may not be
1-37 appealed.
1-38 SECTION 2. This Act applies beginning with the 1997-1998
1-39 school year.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *