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.

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