AN ACT
1-1 relating to placement of students expelled from public schools in
1-2 juvenile justice alternative education programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 25.086, Education Code,
1-5 is amended to read as follows:
1-6 (a) A child is exempt from the requirements of compulsory
1-7 school attendance if the child:
1-8 (1) attends a private or parochial school that
1-9 includes in its course a study of good citizenship;
1-10 (2) is eligible to participate in a school district's
1-11 special education program under Section 29.003 and cannot be
1-12 appropriately served by the resident district;
1-13 (3) has a physical or mental condition of a temporary
1-14 and remediable nature that makes the child's attendance infeasible
1-15 and holds a certificate from a qualified physician specifying the
1-16 temporary condition, indicating the treatment prescribed to remedy
1-17 the temporary condition, and covering the anticipated period of the
1-18 child's absence from school for the purpose of receiving and
1-19 recuperating from that remedial treatment;
1-20 (4) is expelled in accordance with the requirements of
1-21 law in a school district that does not participate in a mandatory
1-22 juvenile justice alternative education program under Section
1-23 37.011;
2-1 (5) is at least 17 years of age and:
2-2 (A) is attending a course of instruction to
2-3 prepare for the high school equivalency examination; or
2-4 (B) has received a high school diploma or high
2-5 school equivalency certificate;
2-6 (6) is at least 16 years of age and is attending a
2-7 course of instruction to prepare for the high school equivalency
2-8 examination, if the child is recommended to take the course of
2-9 instruction by a public agency that has supervision or custody of
2-10 the child under a court order;
2-11 (7) is enrolled in the Texas Academy of Mathematics
2-12 and Science;
2-13 (8) is enrolled in the Texas Academy of Leadership in
2-14 the Humanities; or
2-15 (9) is specifically exempted under another law.
2-16 SECTION 2. Section 37.001, Education Code, is amended to
2-17 read as follows:
2-18 Sec. 37.001. STUDENT CODE OF CONDUCT. (a) The board of
2-19 trustees of an independent [Each] school district shall, with the
2-20 advice of its district-level committee established under Section
2-21 11.251, [and jointly, as appropriate, with the juvenile board of
2-22 each county in which the district is located,] adopt a student code
2-23 of conduct for the district. The student code of conduct must be
2-24 posted and prominently displayed at each school campus. In
2-25 addition to establishing standards for student conduct, the student
3-1 code of conduct must:
3-2 (1) specify the circumstances, in accordance with this
3-3 subchapter, under which a student may be removed from a classroom,
3-4 campus, or alternative education program;
3-5 (2) [outline the responsibilities of each juvenile
3-6 board concerning the establishment and operation of a juvenile
3-7 justice alternative education program under Section 37.011;]
3-8 [(3) define the conditions on payments from the
3-9 district to each juvenile board;]
3-10 [(4)] specify conditions that authorize or require a
3-11 principal or other appropriate administrator to transfer a student
3-12 to an alternative education program; and
3-13 (3) [(5)] outline conditions under which a student may
3-14 be suspended as provided by Section 37.005 or expelled as provided
3-15 by Section 37.007.
3-16 (b) A teacher with knowledge that a student has violated the
3-17 student code of conduct shall file with the school principal or the
3-18 other appropriate administrator a written report, not to exceed one
3-19 page, documenting the violation. The principal or the other
3-20 appropriate administrator shall, not later than 24 hours after
3-21 receipt of a report from a teacher, send a copy of the report to
3-22 the student's parents or guardians.
3-23 (c) Once the student code of conduct is promulgated, any
3-24 change or amendment must be approved by the board of trustees.
3-25 [Each school district shall adopt a student code of conduct as
4-1 required by this section not later than September 1, 1996. This
4-2 subsection expires September 1, 1997.]
4-3 SECTION 3. Section 37.006, Education Code, is amended to
4-4 read as follows:
4-5 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
4-6 provided by Section 37.007(a)(3) or (b), a student shall be removed
4-7 from class and placed in an alternative education program as
4-8 provided by Section 37.008 if the student [engages in conduct
4-9 punishable as a felony, or] commits the following on or within 300
4-10 feet of school property, as measured from any point on the school's
4-11 real property boundary line, or while attending a school-sponsored
4-12 or school-related activity on or off of school property:
4-13 (1) engages in conduct punishable as a felony;
4-14 (2) engages in conduct that contains the elements of
4-15 the offense of assault under Section 22.01(a)(1), Penal Code, or
4-16 terroristic threat under Section 22.07, Penal Code;
4-17 (3) [(2)] sells, gives, or delivers to another person
4-18 or possesses or uses or is under the influence of:
4-19 (A) marihuana or a controlled substance, as
4-20 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
4-21 Section 801 et seq.; or
4-22 (B) a dangerous drug, as defined by Chapter 483,
4-23 Health and Safety Code;
4-24 (4) [(3)] sells, gives, or delivers to another person
4-25 an alcoholic beverage, as defined by Section 1.04, Alcoholic
5-1 Beverage Code, commits a serious act or offense while under the
5-2 influence of alcohol, or possesses, uses, or is under the influence
5-3 of an alcoholic beverage;
5-4 (5) [(4)] engages in conduct that contains the
5-5 elements of an offense relating to abusable glue or aerosol paint
5-6 under Sections 485.031 through 485.035, Health and Safety Code, or
5-7 relating to volatile chemicals under Chapter 484, Health and Safety
5-8 Code; or
5-9 (6) [(5)] engages in conduct that contains the
5-10 elements of the offense of public lewdness under Section 21.07,
5-11 Penal Code, or indecent exposure under Section 21.08, Penal Code.
5-12 (b) Except as provided by Section 37.007(d) [37.007(c)], a
5-13 student shall be removed from class and placed in an alternative
5-14 education program under Section 37.008 if the student engages in
5-15 conduct that contains the elements of the offense of retaliation
5-16 under Section 36.06, Penal Code, against any school employee.
5-17 (c) In addition to Subsection (a), a student shall be
5-18 removed from class and placed in an alternative education program
5-19 under Section 37.008 based on conduct occurring off campus and
5-20 while the student is not in attendance at a school-sponsored or
5-21 school-related activity if:
5-22 (1) the student receives deferred prosecution under
5-23 Section 53.03, Family Code, for conduct defined as a felony offense
5-24 in Title 5, Penal Code;
5-25 (2) a court or jury finds that the student has engaged
6-1 in delinquent conduct under Section 54.03, Family Code, for conduct
6-2 defined as a felony offense in Title 5, Penal Code; or
6-3 (3) the superintendent or the superintendent's
6-4 designee has a reasonable belief that the student has engaged in a
6-5 conduct defined as a felony offense in Title 5, Penal Code.
6-6 (d) In addition to Subsection (a), a student may be removed
6-7 from class and placed in an alternative education program under
6-8 Section 37.008 based on conduct occurring off campus and while the
6-9 student is not in attendance at a school-sponsored or
6-10 school-related activity if:
6-11 (1) the superintendent or the superintendent's
6-12 designee has a reasonable belief that the student has engaged in
6-13 conduct defined as a felony offense other than those defined in
6-14 Title 5, Penal Code; and
6-15 (2) the continued presence of the student in the
6-16 regular classroom threatens the safety of other students or
6-17 teachers or will be detrimental to the educational process.
6-18 (e) In determining whether there is a reasonable belief that
6-19 a student has engaged in conduct defined as a felony offense by the
6-20 Penal Code, the superintendent or the superintendent's designee may
6-21 consider all available information, including the information
6-22 furnished under Article 15.27, Code of Criminal Procedure.
6-23 (f) Subject to Section 37.007(e), a student who is younger
6-24 than 10 years of age shall be removed from class and placed in an
6-25 alternative education program under Section 37.008 if the student
7-1 engages in conduct described by Section 37.007.
7-2 (g) The terms of a placement under this section must
7-3 prohibit the student from attending or participating in a
7-4 school-sponsored or school-related activity.
7-5 (h) On receipt of notice under Article 15.27(g), Code of
7-6 Criminal Procedure, the superintendent or the superintendent's
7-7 designee shall review the student's placement in the alternative
7-8 education program. The student may not be returned to the regular
7-9 classroom pending the review. The superintendent or the
7-10 superintendent's designee shall schedule a review of the student's
7-11 placement with the student's parent or guardian not later than the
7-12 third class day after the superintendent or superintendent's
7-13 designee receives notice from the office or official designated by
7-14 the court. After reviewing the notice and receiving information
7-15 from the student's parent or guardian, the superintendent or the
7-16 superintendent's designee may continue the student's placement in
7-17 the alternative education program if there is reason to believe
7-18 that the presence of the student in the regular classroom threatens
7-19 the safety of other students or teachers.
7-20 (i) The student or the student's parent or guardian may
7-21 appeal the superintendent's decision under Subsection (h) to the
7-22 board of trustees. The student may not be returned to the regular
7-23 classroom pending the appeal. The board shall, at the next
7-24 scheduled meeting, review the notice provided under Article
7-25 15.27(g), Code of Criminal Procedure, and receive information from
8-1 the student, the student's parent or guardian, and the
8-2 superintendent or superintendent's designee and confirm or reverse
8-3 the decision under Subsection (h). The board shall make a record
8-4 of the proceedings. If the board confirms the decision of the
8-5 superintendent or superintendent's designee, the board shall inform
8-6 the student and the student's parent or guardian of the right to
8-7 appeal to the commissioner under Subsection (j).
8-8 (j) Notwithstanding Section 7.057(e), the decision of the
8-9 board of trustees under Subsection (i) may be appealed to the
8-10 commissioner as provided by Sections 7.057(b), (c), (d), and (f).
8-11 The student may not be returned to the regular classroom pending
8-12 the appeal.
8-13 (k) Subsections (h), (i), and (j) do not apply to placements
8-14 made in accordance with Subsection (a).
8-15 SECTION 4. Subchapter A, Chapter 37, Education Code, is
8-16 amended by adding Section 37.0061 to read as follows:
8-17 Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN
8-18 JUVENILE RESIDENTIAL FACILITIES. A school district that provides
8-19 education services to pre-adjudicated and post-adjudicated students
8-20 who are confined by court order in a juvenile residential facility
8-21 operated by a juvenile board is entitled to count such students in
8-22 the district's average daily attendance for purposes of receipt of
8-23 state funds under the Foundation School Program. If the district
8-24 has a wealth per student greater than the guaranteed wealth level
8-25 but less than the equalized wealth level, the district in which the
9-1 student is enrolled on the date a court orders the student to be
9-2 confined to a juvenile residential facility shall transfer to the
9-3 district providing education services an amount equal to the
9-4 difference between the average Foundation School Program costs per
9-5 student of the district providing education services and the sum of
9-6 the state aid and the money from the available school fund received
9-7 by the district that is attributable to the student for the portion
9-8 of the school year for which the district provides education
9-9 services to the student.
9-10 SECTION 5. Section 37.007, Education Code, is amended to
9-11 read as follows:
9-12 Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) A student
9-13 shall be expelled from a school if the student, on school property
9-14 or while attending a school-sponsored or school-related activity on
9-15 or off of school property:
9-16 (1) uses, exhibits, or possesses:
9-17 (A) a firearm as defined by Section 46.01(3),
9-18 Penal Code;
9-19 (B) an illegal knife as defined by Section
9-20 46.01(6), Penal Code, or by local policy;
9-21 (C) a club as defined by Section 46.01(1), Penal
9-22 Code; or
9-23 (D) a weapon listed as a prohibited weapon under
9-24 Section 46.05, Penal Code;
9-25 (2) engages in conduct that contains the elements of
10-1 the offense of:
10-2 (A) aggravated assault under Section 22.02,
10-3 Penal Code, sexual assault under Section 22.011, Penal Code, or
10-4 aggravated sexual assault under Section 22.021, Penal Code;
10-5 (B) arson under Section 28.02, Penal Code;
10-6 (C) murder under Section 19.02, Penal Code,
10-7 capital murder under Section 19.03, Penal Code, or criminal
10-8 attempt, under Section 15.01, Penal Code, to commit murder or
10-9 capital murder;
10-10 (D) indecency with a child under Section 21.11,
10-11 Penal Code; or
10-12 (E) aggravated kidnapping under Section 20.04,
10-13 Penal Code; or
10-14 (3) engages in conduct specified by Section
10-15 37.006(a)(3) [37.006(a)(2)] or (4) [(3)], if the conduct is
10-16 punishable as a felony.
10-17 (b) A student may be expelled if the student, while on
10-18 school property or while attending a school-sponsored or
10-19 school-related activity on or off of school property:
10-20 (1) sells, gives, or delivers to another person or
10-21 possesses, uses, or is under the influence of any amount of:
10-22 (A) marihuana or a controlled substance, as
10-23 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
10-24 Section 801 et seq.;
10-25 (B) a dangerous drug, as defined by Chapter 483,
11-1 Health and Safety Code; or
11-2 (C) an alcoholic beverage, as defined by Section
11-3 1.04, Alcoholic Beverage Code; or
11-4 (2) engages in conduct that contains the elements of
11-5 an offense relating to abusable glue or aerosol paint under
11-6 Sections 485.031 through 485.035, Health and Safety Code, or
11-7 relating to volatile chemicals under Chapter 484, Health and Safety
11-8 Code.
11-9 (c) A student may be expelled if the student, while [after
11-10 being] placed in an alternative education program for disciplinary
11-11 reasons, continues to engage in serious or persistent misbehavior
11-12 that violates the district's student code of conduct.
11-13 (d) [(c)] A student shall be expelled if the student engages
11-14 in conduct that contains the elements of any offense listed in
11-15 Subsection (a) against any employee in retaliation for or as a
11-16 result of the employee's employment with a school district.
11-17 (e) [(d)] In accordance with federal law, a local
11-18 educational agency, including a school district, home-rule school
11-19 district, or open-enrollment charter school, shall expel a student
11-20 who brings a firearm, as defined by 18 U.S.C. Section 921, to
11-21 school. The student must be expelled from the student's regular
11-22 campus for a period of at least one year, except that:
11-23 (1) the superintendent or other chief administrative
11-24 officer of the school district or of the other local educational
11-25 agency, as defined by 20 U.S.C. Section 2891, may modify the length
12-1 of the expulsion in the case of an individual student; [and]
12-2 (2) the district or other local educational agency
12-3 shall [may] provide educational services to an [the] expelled
12-4 student in an alternative education program as provided by Section
12-5 37.008 if the student is younger than 10 years of age on the date
12-6 of expulsion; and
12-7 (3) the district or other local educational agency may
12-8 provide educational services to an expelled student who is older
12-9 than 10 years of age in an alternative education program as
12-10 provided in Section 37.008.
12-11 [(e) Each school district shall report to the agency the
12-12 number of students expelled under Subsection (d) each year, the
12-13 names of the schools from which the students are expelled, and the
12-14 types of weapons involved.]
12-15 (f) A student who engages in conduct that contains the
12-16 elements of the offense of criminal mischief under Section 28.03,
12-17 Penal Code, may be expelled at the district's discretion if the
12-18 conduct is punishable as a felony under that section. The student
12-19 shall be referred to the authorized officer of the juvenile court
12-20 regardless of whether the student is expelled.
12-21 (g) A school district shall inform each teacher of the
12-22 conduct of a student who has engaged in any violation listed in
12-23 this section. A teacher shall keep the information received in
12-24 this subsection confidential. The State Board for Educator
12-25 Certification may revoke or suspend the certification of a teacher
13-1 who intentionally violates this subsection.
13-2 (h) Subject to Subsection (e), notwithstanding any other
13-3 provision of this section, a student who is younger than 10 years
13-4 of age may not be expelled for engaging in conduct described by
13-5 this section.
13-6 SECTION 6. Section 37.008, Education Code, is amended by
13-7 adding Subsections (l) and (m) to read as follows:
13-8 (l) A school district is not required to provide in the
13-9 district's alternative education program a course necessary to
13-10 fulfill a student's high school graduation requirements other than
13-11 a course specified by Subsection (a).
13-12 (m) The commissioner shall adopt rules necessary to
13-13 administer the provisions of Chapter 39 for alternative education
13-14 programs. Academically, the mission of alternative education
13-15 programs shall be to enable students to perform at grade level.
13-16 Annually, the commissioner shall define for alternative education
13-17 programs acceptable performance and performance indicating a need
13-18 for peer review, based principally on standards defined by the
13-19 commissioner that measure academic progress of students toward
13-20 grade level while attending an alternative education program.
13-21 SECTION 7. Section 37.009, Education Code, is amended by
13-22 amending the section heading and Subsections (a), (e), and (f) to
13-23 read as follows:
13-24 Sec. 37.009. CONFERENCE; HEARING; REVIEW. (a) Not later
13-25 than the third class day after the day on which a student is
14-1 removed from class by the teacher under Section 37.002(b) or (d) or
14-2 by the school principal or other appropriate administrator under
14-3 Section 37.006, the [school] principal or other appropriate
14-4 administrator shall schedule a conference [hearing] among the
14-5 principal or other appropriate administrator [the principal's
14-6 designee], a parent or guardian of the student, the teacher
14-7 removing the student from class, if any, and the student. At the
14-8 conference, the student is entitled to written or oral notice of
14-9 the reasons for the removal, an explanation of the basis for the
14-10 removal, and an opportunity to respond to the reasons for the
14-11 removal. The student may not be returned to the regular classroom
14-12 pending the conference [hearing]. Following the conference
14-13 [hearing], and whether or not each requested person is in
14-14 attendance after valid attempts to require the person's attendance,
14-15 the principal shall order the placement of the student as provided
14-16 by Section 37.002 or 37.006, as applicable, for a period consistent
14-17 with the student code of conduct.
14-18 (e) A student placed in an alternative education program
14-19 under Section 37.002 or 37.006 shall be provided a review of the
14-20 student's status, including a review of the student's academic
14-21 status, by the board's designee at intervals not to exceed 120
14-22 days. In the case of a high school student, the board's designee,
14-23 with the student's parent or guardian, shall review the student's
14-24 progress towards meeting high school graduation requirements and
14-25 shall establish a specific graduation plan for the student. The
15-1 district is not required under this subsection to provide in the
15-2 district's alternative education program a course not specified
15-3 under Section 37.008(a). At the review, the student or the
15-4 student's parent or guardian must be given the opportunity to
15-5 present arguments for the student's return to the regular classroom
15-6 or campus. The student may not be returned to the classroom of the
15-7 teacher who removed the student without that teacher's consent.
15-8 The teacher may not be coerced to consent.
15-9 (f) Before a student may be expelled under Section 37.007,
15-10 the board or the board's designee must provide the student a
15-11 hearing at which the student is afforded appropriate due process as
15-12 required by the federal constitution and which the student's parent
15-13 or guardian is invited, in writing, to attend. At the hearing, the
15-14 student is entitled to [must] be represented by the student's
15-15 parent or guardian or another adult who can provide guidance to the
15-16 student and who is not an employee of the school district. If the
15-17 school district makes a good-faith effort to inform the student and
15-18 the student's parent or guardian of the time and place of the
15-19 hearing, the district may hold the hearing regardless of whether
15-20 the student, the student's parent or guardian, or another adult
15-21 representing the student attends. If the decision to expel a
15-22 student is made by the board's designee, the decision may be
15-23 appealed to the board. The decision of the board may be appealed
15-24 by trial de novo to a district court of the county in which the
15-25 school district's central administrative office is located.
16-1 SECTION 8. Subsections (a), (b), (f), and (g), Section
16-2 37.010, Education Code, are amended to read as follows:
16-3 (a) Not later than the second business day after the date a
16-4 hearing is held under Section 37.009, the board of trustees of a
16-5 school district or the board's designee shall deliver a copy of the
16-6 order placing a student in an alternative education program under
16-7 Section 37.006 or expelling a student under Section 37.007 and any
16-8 information required under Section 52.04, Family Code, to the
16-9 authorized officer of the juvenile court in the county in which the
16-10 student resides. In a county that operates a program under Section
16-11 37.011, an expelled student shall to the extent provided by law or
16-12 by the memorandum of understanding immediately attend the
16-13 educational program from the date of expulsion; provided, however,
16-14 that in a county with a population greater than 125,000 every
16-15 expelled student who is not detained or receiving treatment under
16-16 an order of the juvenile court must be enrolled in an educational
16-17 program. [Except as provided by Subsection (b), the officer may
16-18 determine whether:]
16-19 [(1) a petition should be filed alleging that the
16-20 student is in need of supervision or has engaged in delinquent
16-21 conduct; or]
16-22 [(2) the student should be referred to an appropriate
16-23 state agency.]
16-24 (b) If a student is expelled under Section 37.007(c)
16-25 [37.007(b)], the board or its designee shall refer the student to
17-1 the authorized officer of the juvenile court for appropriate
17-2 proceedings under Title 3, Family Code.
17-3 (f) If a student is expelled under Section 37.007, on the
17-4 recommendation of the committee established under Section 37.003 or
17-5 on its own initiative, a district may readmit the student while the
17-6 student is completing any court disposition requirements the court
17-7 imposes. After the student has successfully completed any court
17-8 disposition requirements the court imposes, including conditions of
17-9 a deferred prosecution ordered by the court, or such conditions
17-10 required by the prosecutor or probation department, if the student
17-11 meets the requirements for admission into the public schools
17-12 established by this title, a district may not refuse to admit the
17-13 student, but the district may place the student in the alternative
17-14 education program. Notwithstanding Section 37.002(d), the student
17-15 may not be returned to the classroom of the teacher under whose
17-16 supervision the offense occurred without that teacher's consent.
17-17 The teacher may not be coerced to consent.
17-18 (g) If an expelled student enrolls in another school
17-19 district, the board of trustees of the district that expelled the
17-20 student shall provide to the district in which the student enrolls,
17-21 at the same time other records of the student are provided, a copy
17-22 of the expulsion order and the referral to the authorized officer
17-23 of the juvenile court. The district in which the student enrolls
17-24 may continue the expulsion under the terms of the order, may place
17-25 the student in an alternative education program for the period
18-1 specified by the expulsion order, or may allow the student to
18-2 attend regular classes without completing the period of expulsion.
18-3 SECTION 9. Section 37.011, Education Code, is amended by
18-4 amending Subsections (b), (d), and (h) and adding Subsections (k),
18-5 (l), (m), (n), (o), (p), and (q) to read as follows:
18-6 (b) If a student is expelled from school under [found to
18-7 have engaged in conduct described by] Section 37.007(a), (d), or
18-8 (e) [and the student is found by a juvenile court to have engaged
18-9 in delinquent conduct under Title 3, Family Code], the juvenile
18-10 court shall:
18-11 (1) if the student is placed on probation under
18-12 Section 54.04, Family Code, order the student to attend [require]
18-13 the juvenile justice alternative education program in the county in
18-14 which the student resides from the date of disposition as a
18-15 condition of probation, unless the child is placed in a
18-16 post-adjudication treatment facility [conduct occurred to provide
18-17 educational services to the student]; [and]
18-18 (2) if the student is placed on deferred prosecution
18-19 under Section 53.03, Family Code, by the court, prosecutor, or
18-20 probation department, require [order] the student to immediately
18-21 attend the juvenile justice alternative education program in the
18-22 county in which the student resides for a period not to exceed six
18-23 months as a condition of the deferred prosecution; and
18-24 (3) in determining the conditions of the deferred
18-25 prosecution or court-ordered probation, consider the length of the
19-1 school district's expulsion order for the student [from the date of
19-2 adjudication].
19-3 (d) A juvenile justice alternative education program must
19-4 focus on English language arts, mathematics, science, social
19-5 studies [history], and self-discipline. Each school district shall
19-6 consider course credit earned by a student while in a juvenile
19-7 justice alternative education program as credit earned in a
19-8 district school. Each program shall administer assessment
19-9 instruments under Subchapter B, Chapter 39, and shall offer a high
19-10 school equivalency program. The juvenile board or the board's
19-11 designee, with the parent or guardian of each student, shall
19-12 regularly review the student's academic progress. In the case of a
19-13 high school student, the board or the board's designee, with the
19-14 student's parent or guardian, shall review the student's progress
19-15 towards meeting high school graduation requirements and shall
19-16 establish a specific graduation plan for the student. The program
19-17 is not required to provide a course necessary to fulfill a
19-18 student's high school graduation requirements other than a course
19-19 specified by this subsection.
19-20 (h) Academically, the mission of juvenile justice
19-21 alternative education programs shall be to enable students to
19-22 perform at grade level. For purposes of accountability under
19-23 Chapter 39 [and the Foundation School Program], a student enrolled
19-24 in a juvenile justice alternative education program is reported as
19-25 if the student were enrolled at the student's assigned campus in
20-1 the student's regularly assigned education program, including a
20-2 special education program. Annually the Texas Juvenile Probation
20-3 Commission, with the agreement of the commissioner, shall develop
20-4 and implement a system of accountability consistent with Chapter
20-5 39, where appropriate, to assure that students make progress toward
20-6 grade level while attending a juvenile justice alternative
20-7 education program. The Texas Juvenile Probation Commission shall
20-8 adopt rules for the distribution of funds appropriated under this
20-9 section to juvenile boards in counties required to establish
20-10 juvenile justice alternative education programs. A student served
20-11 by a juvenile justice alternative education program on the basis of
20-12 an expulsion under Section 37.007(a), (d), or (e) is not eligible
20-13 for Foundation School Program funding under Chapter 42 or 31.
20-14 (k) Each school district in a county with a population
20-15 greater than 125,000 and the county juvenile board shall annually
20-16 enter into a joint memorandum of understanding that:
20-17 (1) outlines the responsibilities of the juvenile
20-18 board concerning the establishment and operation of a juvenile
20-19 justice alternative education program under this section;
20-20 (2) defines the amount and conditions on payments from
20-21 the school district to the juvenile board for students of the
20-22 school district served in the juvenile justice alternative
20-23 education program whose placement was not made on the basis of an
20-24 expulsion under Section 37.007(a), (d), or (e);
20-25 (3) identifies those categories of conduct that the
21-1 school district has defined in its student code of conduct as
21-2 constituting serious or persistent misbehavior for which a student
21-3 may be placed in the juvenile justice alternative education
21-4 program;
21-5 (4) identifies and requires a timely placement and
21-6 specifies a term of placement for expelled students for whom the
21-7 school district has received a notice under Section 52.041(d),
21-8 Family Code;
21-9 (5) establishes services for the transitioning of
21-10 expelled students to the school district prior to the completion of
21-11 the student's placement in the juvenile justice alternative
21-12 education program;
21-13 (6) establishes a plan that provides transportation
21-14 services for students placed in the juvenile justice alternative
21-15 education program;
21-16 (7) establishes the circumstances and conditions under
21-17 which a juvenile may be allowed to remain in the juvenile justice
21-18 alternative education program setting once the juvenile is no
21-19 longer under juvenile court jurisdiction; and
21-20 (8) establishes a plan to address special education
21-21 services required by law.
21-22 (l) The school district shall be responsible for providing
21-23 an immediate educational program to students who engage in behavior
21-24 resulting in expulsion under Section 37.007(b), (c), and (f) but
21-25 who are not eligible for admission into the juvenile justice
22-1 alternative education program in accordance with the memorandum of
22-2 understanding required under this section. The school district may
22-3 provide the program or the school district may contract with a
22-4 county juvenile board, a private provider, or one or more other
22-5 school districts to provide the program. The memorandum of
22-6 understanding shall address the circumstances under which such
22-7 students who continue to engage in serious or persistent
22-8 misbehavior shall be admitted into the juvenile justice alternative
22-9 education program.
22-10 (m) Each school district in a county with a population
22-11 greater than 125,000 and the county juvenile board shall adopt a
22-12 joint memorandum of understanding as required by this section not
22-13 later than September 1 of each school year.
22-14 (n) If a student who is ordered to attend a juvenile justice
22-15 alternative education program moves from one county to another, the
22-16 juvenile court may request the juvenile justice alternative
22-17 education program in the county to which the student moves to
22-18 provide educational services to the student in accordance with the
22-19 local memorandum of understanding between the school district and
22-20 juvenile board in the receiving county.
22-21 (o) In relation to the development and operation of a
22-22 juvenile justice alternative education program, a juvenile board
22-23 and a county and a commissioners court are immune from liability to
22-24 the same extent as a school district, and the juvenile board's or
22-25 county's employees and volunteers are immune from liability to the
23-1 same extent as a school district's employees and volunteers.
23-2 (p) If a district elects to contract with the juvenile board
23-3 for placement in the juvenile justice alternative education program
23-4 of students expelled under Section 37.007(b), (c), and (f) and the
23-5 juvenile board and district are unable to reach an agreement in the
23-6 memorandum of understanding, either party may request that the
23-7 issues of dispute be referred to a binding arbitration process that
23-8 uses a qualified alternative dispute resolution arbitrator in which
23-9 each party will pay its pro rata share of the arbitration costs.
23-10 Each party must submit its final proposal to the arbitrator. If
23-11 the parties cannot agree on an arbitrator, the juvenile board shall
23-12 select an arbitrator, the school districts shall select an
23-13 arbitrator, and those two arbitrators shall select an arbitrator
23-14 who will decide the issues in dispute. An arbitration decision
23-15 issued under this subsection is enforceable in a court in the
23-16 county in which the juvenile justice alternative education program
23-17 is located. Any decision by an arbitrator concerning the amount of
23-18 the funding for a student who is expelled and attending a juvenile
23-19 justice alternative education program must provide an amount
23-20 sufficient based on operation of the juvenile justice alternative
23-21 education program in accordance with this chapter. In determining
23-22 the amount to be paid by a school district for an expelled student
23-23 enrolled in a juvenile justice alternative education program, the
23-24 arbitrator shall consider the relevant factors, including evidence
23-25 of:
24-1 (1) the actual average total per student expenditure
24-2 in the district's alternative education setting;
24-3 (2) the expected per student cost in the juvenile
24-4 justice alternative education program as described and agreed on in
24-5 the memorandum of understanding and in compliance with this
24-6 chapter; and
24-7 (3) the costs necessary to achieve the accountability
24-8 goals under this chapter.
24-9 (q) In accordance with rules adopted by the board of
24-10 trustees for the Teacher Retirement System of Texas, a certified
24-11 educator employed by a juvenile board in a juvenile justice
24-12 alternative education program shall be eligible for membership and
24-13 participation in the system to the same extent that an employee of
24-14 a public school district is eligible. The juvenile board shall
24-15 make any contribution that otherwise would be the responsibility of
24-16 the school district if the person were employed by the school
24-17 district, and the state shall make any contribution to the same
24-18 extent as if the person were employed by a school district.
24-19 SECTION 10. Subsection (a), Section 37.012, Education Code,
24-20 is amended to read as follows:
24-21 (a) Subject to Section 37.011(n), the [The] school district
24-22 in which a student is enrolled on the date [a juvenile court
24-23 orders] the student is expelled on a basis other than Section
24-24 37.007(a), (d), or (e) shall, if the student is served by the
24-25 juvenile justice alternative education program, provide funding to
25-1 the juvenile board [to attend a juvenile justice alternative
25-2 education program shall transfer to the juvenile board in charge of
25-3 the juvenile justice alternative education program] for the portion
25-4 of the school year for which the juvenile justice alternative
25-5 education program provides educational services in an amount
25-6 determined by the memorandum of understanding under Section
25-7 37.011(k)(2) [funds equal to the district's average per student
25-8 expenditure in alternative education programs under Section
25-9 37.008].
25-10 SECTION 11. Subchapter A, Chapter 37, Education Code, is
25-11 amended by adding Section 37.020 to read as follows:
25-12 Sec. 37.020. REPORTS RELATING TO EXPULSIONS AND ALTERNATIVE
25-13 EDUCATION PROGRAM PLACEMENTS. In the manner required by the
25-14 commissioner, each school district shall annually report to the
25-15 commissioner:
25-16 (1) for each placement in an alternative education
25-17 program established under Section 37.008:
25-18 (A) information identifying the student,
25-19 including the student's race, sex, and date of birth, that will
25-20 enable the agency to compare placement data with information
25-21 collected through other reports;
25-22 (B) information indicating whether the placement
25-23 was based on:
25-24 (i) conduct violating the student code of
25-25 conduct adopted under Section 37.001;
26-1 (ii) conduct for which a student may be
26-2 removed from class under Section 37.002(b);
26-3 (iii) conduct for which placement in an
26-4 alternative education program is required by Section 37.006; or
26-5 (iv) conduct occurring while a student was
26-6 enrolled in another district and for which placement in an
26-7 alternative education program is permitted by Section 37.008(j);
26-8 and
26-9 (C) the number of days the student was assigned
26-10 to the program and the number of days the student attended the
26-11 program; and
26-12 (2) for each expulsion under Section 37.007:
26-13 (A) information identifying the student,
26-14 including the student's race, sex, and date of birth, that will
26-15 enable the agency to compare placement data with information
26-16 collected through other reports;
26-17 (B) information indicating whether the expulsion
26-18 was based on:
26-19 (i) conduct for which expulsion is
26-20 required under Section 37.007, including information specifically
26-21 indicating whether a student was expelled on the basis of Section
26-22 37.007(e);
26-23 (ii) conduct, other than conduct described
26-24 by Subparagraph (iii), for which expulsion is permitted under
26-25 Section 37.007; or
27-1 (iii) serious or persistent misbehavior
27-2 occurring while the student was placed in an alternative education
27-3 program;
27-4 (C) the number of days the student was expelled;
27-5 and
27-6 (D) information indicating whether:
27-7 (i) the student was placed in a juvenile
27-8 justice alternative education program under Section 37.011;
27-9 (ii) the student was placed in an
27-10 alternative education program; or
27-11 (iii) the student was not placed in a
27-12 juvenile justice or other alternative education program.
27-13 SECTION 12. Subsections (a), (c), and (h), Article 15.27,
27-14 Code of Criminal Procedure, are amended to read as follows:
27-15 (a) A law enforcement agency that arrests any person or
27-16 refers a child to the office or official designated by the juvenile
27-17 court [takes into custody as provided by Chapter 52, Family Code,
27-18 an individual] who the agency knows or believes is enrolled as a
27-19 student in a public primary or secondary school, for an offense
27-20 listed in Subsection (h) [of this article], shall orally notify the
27-21 superintendent or a person designated by the superintendent in the
27-22 school district in which the student is enrolled or believed to be
27-23 enrolled of that arrest or referral [detention] within 24 hours
27-24 after the arrest or referral is made [detention], or on the next
27-25 school day. The superintendent shall promptly notify all
28-1 instructional and support personnel who have responsibility for
28-2 supervision of [regular contact with] the student. All personnel
28-3 shall keep the information received in this subsection
28-4 confidential. The State Board for Educator Certification may
28-5 revoke or suspend the certification of personnel who intentionally
28-6 violate this subsection. Within seven days after the date the oral
28-7 notice is given, the law enforcement agency shall mail written
28-8 notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
28-9 envelope, to the superintendent or the person designated by the
28-10 superintendent. Both the oral and written notice shall contain
28-11 sufficient details of the arrest or referral and the acts allegedly
28-12 committed by the student to enable the superintendent or the
28-13 superintendent's designee to determine whether there is a
28-14 reasonable belief that the student has engaged in conduct defined
28-15 as a felony offense by the Penal Code. The information contained
28-16 in the notice may be considered by the superintendent or the
28-17 superintendent's designee in making such a determination. [The
28-18 written notification must have the following printed on its face in
28-19 large, bold letters: "WARNING: The information contained in this
28-20 notice is intended only to inform appropriate school personnel of
28-21 an arrest or detention of a student believed to be enrolled in this
28-22 school. An arrest or detention should not be construed as proof
28-23 that the student is guilty. Guilt is determined in a court of law.
28-24 THE INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"]
28-25 (c) A parole or probation office having jurisdiction over a
29-1 student described by Subsection (a), (b), or (e) [of this article]
29-2 who transfers from a school or is subsequently removed from a
29-3 school and later returned to a school or school district other than
29-4 the one the student was enrolled in when the arrest, referral to a
29-5 juvenile court [detention], conviction, or adjudication occurred
29-6 shall notify the new school officials of the arrest or referral
29-7 [detention] in a manner similar to that provided for by Subsection
29-8 (a) or (e)(1) [of this article], or of the conviction or delinquent
29-9 adjudication in a manner similar to that provided for by Subsection
29-10 (b) or (e)(2) [of this article].
29-11 (h) This article applies to any felony offense[:]
29-12 [(1) an offense listed in Section 8(c), Article 42.18,
29-13 Code of Criminal Procedure; reckless conduct, as described by
29-14 Section 22.05, Penal Code; or a terroristic threat, as described by
29-15 Section 22.07, Penal Code;]
29-16 [(2) the unlawful use, sale, or possession of a
29-17 controlled substance, drug paraphernalia, or marihuana, as defined
29-18 by Chapter 481, Health and Safety Code;]
29-19 [(3) the unlawful possession of any of the weapons or
29-20 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
29-21 weapon listed as a prohibited weapon under Section 46.05, Penal
29-22 Code; or]
29-23 [(4) a criminal offense under Section 71.02, Penal
29-24 Code].
29-25 SECTION 13. Subdivision (1), Subsection (e), Article 15.27,
30-1 Code of Criminal Procedure, is amended to read as follows:
30-2 (1) A law enforcement agency that arrests, or refers
30-3 to a juvenile court under Chapter 52, Family Code, [detains] an
30-4 individual who [that] the law enforcement agency knows or believes
30-5 is enrolled as a student in a private primary or secondary school
30-6 shall make the oral and written notifications described by
30-7 Subsection (a) [of this article] to the principal or a school
30-8 employee designated by the principal of the school in which the
30-9 student is enrolled.
30-10 SECTION 14. Subsection (g), Article 15.27, Code of Criminal
30-11 Procedure, is amended to read as follows:
30-12 (g) The office of the prosecuting attorney or the office or
30-13 official designated by the juvenile court shall, within two working
30-14 days, notify the school district that removed a student to an
30-15 alternative education program under Section 37.006, Education Code,
30-16 if:
30-17 (1) prosecution of the student's case was refused for
30-18 lack of prosecutorial merit or insufficient evidence and no formal
30-19 proceedings, deferred adjudication, or deferred prosecution will be
30-20 initiated; or
30-21 (2) the court or jury found the student not guilty or
30-22 made a finding the child did not engage in delinquent conduct or
30-23 conduct indicating a need for supervision and the case was
30-24 dismissed with prejudice. [On receipt of a notice under this
30-25 article, a school official may take the precautions necessary to
31-1 prevent further violence in the school, on school property, or at
31-2 school sponsored or school-related activities on or off school
31-3 property, but may not penalize a student solely because a
31-4 notification is received about the student.]
31-5 SECTION 15. Subsection (b), Section 51.03, Family Code, is
31-6 amended to read as follows:
31-7 (b) Conduct indicating a need for supervision is:
31-8 (1) subject to Subsection (f) of this section,
31-9 conduct, other than a traffic offense, that violates:
31-10 (A) the penal laws of this state of the grade of
31-11 misdemeanor that are punishable by fine only; or
31-12 (B) the penal ordinances of any political
31-13 subdivision of this state;
31-14 (2) the unexcused voluntary absence of a child on 10
31-15 or more days or parts of days within a six-month period or three or
31-16 more days or parts of days within a four-week period from school
31-17 without the consent of his parents;
31-18 (3) the voluntary absence of a child from his home
31-19 without the consent of his parent or guardian for a substantial
31-20 length of time or without intent to return;
31-21 (4) conduct which violates the laws of this state
31-22 prohibiting driving while intoxicated or under the influence of
31-23 intoxicating liquor (first or second offense) or driving while
31-24 under the influence of any narcotic drug or of any other drug to a
31-25 degree which renders him incapable of safely driving a vehicle
32-1 (first or second offense);
32-2 (5) conduct prohibited by city ordinance or by state
32-3 law involving the inhalation of the fumes or vapors of paint and
32-4 other protective coatings or glue and other adhesives and the
32-5 volatile chemicals itemized in Section 484.002, Health and Safety
32-6 Code;
32-7 (6) an act that violates a school district's
32-8 previously communicated written standards of student conduct for
32-9 which the child has been expelled under Section 37.007(c)
32-10 [21.3011], Education Code; or
32-11 (7) conduct that violates a reasonable and lawful
32-12 order of a court entered under Section 264.305.
32-13 SECTION 16. Section 52.041, Family Code, is amended by
32-14 adding Subsections (c), (d), and (e) to read as follows:
32-15 (c) Within five working days of receipt of an expulsion
32-16 notice under this section by the office or official designated by
32-17 the juvenile court, a preliminary investigation and determination
32-18 shall be conducted as required by Section 53.01.
32-19 (d) The office or official designated by the juvenile court
32-20 shall within two working days notify the school district that
32-21 expelled the child if:
32-22 (1) a determination was made under Section 53.01 that
32-23 the person referred to juvenile court was not a child within the
32-24 meaning of this title;
32-25 (2) a determination was made that no probable cause
33-1 existed to believe the child engaged in delinquent conduct or
33-2 conduct indicating a need for supervision;
33-3 (3) no deferred prosecution or formal court
33-4 proceedings have been or will be initiated involving the child;
33-5 (4) the court or jury finds that the child did not
33-6 engage in delinquent conduct or conduct indicating a need for
33-7 supervision and the case has been dismissed with prejudice; or
33-8 (5) the child was adjudicated but no disposition was
33-9 or will be ordered by the court.
33-10 (e) In any county where a juvenile justice alternative
33-11 education program is operated, no student shall be expelled without
33-12 written notification by the board of the school district or its
33-13 designated agent to the juvenile board's designated representative.
33-14 The notification shall be made not later than two business days
33-15 following the board's determination that the student is to be
33-16 expelled. Failure to timely notify the designated representative
33-17 of the juvenile board shall result in the child's duty to continue
33-18 attending the school district's educational program, which shall be
33-19 provided to that child until such time as the notification to the
33-20 juvenile board's designated representative is properly made.
33-21 SECTION 17. Section 53.02, Family Code, is amended by adding
33-22 Subsection (e) to read as follows:
33-23 (e) Unless otherwise agreed in the memorandum of
33-24 understanding under Section 37.011, Education Code, in a county
33-25 with a population greater than 125,000, if a child being released
34-1 under this section is expelled under Section 37.007, Education
34-2 Code, the release shall be conditioned on the child's attending a
34-3 juvenile justice alternative education program pending a deferred
34-4 prosecution or formal court disposition of the child's case.
34-5 SECTION 18. Subsection (f), Section 54.01, Family Code, is
34-6 amended to read as follows:
34-7 (f) Unless otherwise agreed in the memorandum of
34-8 understanding under Section 37.011, Education Code, a [A] release
34-9 may be conditioned on requirements reasonably necessary to insure
34-10 the child's appearance at later proceedings, but the conditions of
34-11 the release must be in writing and a copy furnished to the child.
34-12 In a county with a population greater than 125,000, if a child
34-13 being released under this section is expelled under Section 37.007,
34-14 Education Code, the release shall be conditioned on the child's
34-15 attending a juvenile justice alternative education program pending
34-16 a deferred prosecution or formal court disposition of the child's
34-17 case.
34-18 SECTION 19. Subsection (a), Section 59.003, Family Code, is
34-19 amended to read as follows:
34-20 (a) Subject to Subsection (e), after a child's first
34-21 commission of delinquent conduct or conduct indicating a need for
34-22 supervision, the probation department may or the juvenile court
34-23 may, in a disposition hearing under Section 54.04, assign a child
34-24 one of the following sanction levels according to the child's
34-25 conduct:
35-1 (1) for conduct indicating a need for supervision,
35-2 other than conduct described in Section 51.03(b)(6) or a Class A or
35-3 B misdemeanor, the sanction level is one;
35-4 (2) for conduct indicating a need for supervision
35-5 under Section 51.03(b)(6) or a Class A or B misdemeanor, other than
35-6 a misdemeanor involving the use or possession of a firearm, or for
35-7 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
35-8 level is two;
35-9 (3) for a misdemeanor involving the use or possession
35-10 of a firearm or for a state jail felony or a felony of the third
35-11 degree, the sanction level is three;
35-12 (4) for a felony of the second degree, the sanction
35-13 level is four;
35-14 (5) for a felony of the first degree, other than a
35-15 felony involving the use of a deadly weapon or causing serious
35-16 bodily injury, the sanction level is five;
35-17 (6) for a felony of the first degree involving the use
35-18 of a deadly weapon or causing serious bodily injury or for an
35-19 aggravated controlled substance felony, the sanction level is six
35-20 or, if the petition has been approved by a grand jury under Section
35-21 53.045, seven; or
35-22 (7) for a capital felony, the sanction level is seven.
35-23 SECTION 20. This Act takes effect beginning with the
35-24 1997-1998 school year.
35-25 SECTION 21. The importance of this legislation and the
S.B. No. 133
36-1 crowded condition of the calendars in both houses create an
36-2 emergency and an imperative public necessity that the
36-3 constitutional rule requiring bills to be read on three several
36-4 days in each house be suspended, and this rule is hereby suspended,
36-5 and that this Act take effect and be in force from and after its
36-6 passage, and it is so enacted.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 133 passed the Senate on
April 9, 1997, by the following vote: Yeas 31, Nays 0;
May 30, 1997, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 1997, House
granted request of the Senate; June 1, 1997, Senate adopted
Conference Committee Report by the following vote: Yeas 24,
Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 133 passed the House, with
amendments, on May 27, 1997, by a non-record vote; May 30, 1997,
House granted request of the Senate for appointment of Conference
Committee; June 1, 1997, House adopted Conference Committee Report
by the following vote: Yeas 144, Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor