75R15281 CAS-F
By Bivins S.B. No. 133
Substitute the following for S.B. No. 133:
By Dutton C.S.S.B. No. 133
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to discipline of students in public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 37, Education Code, is
1-5 amended to read as follows:
1-6 SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR
1-7 MANAGEMENT AND EDUCATION ACHIEVEMENT
1-8 Sec. 37.001. MISSION OF ALTERNATIVE SETTINGS. The mission
1-9 of alternative settings for student behavior management and
1-10 education achievement is to enable students placed in alternative
1-11 settings to pursue the goals specified under Section 4.002 and by
1-12 the commissioner.
1-13 Sec. 37.002. DEFINITIONS. In this subchapter:
1-14 (1) "Alternative education setting" means an education
1-15 program operated by a school district or a county juvenile board
1-16 for students who have violated the student code of conduct or have
1-17 engaged in certain conduct specified by this subchapter.
1-18 (2) "Expulsion" means a student disciplinary action
1-19 applied to a student who engages in conduct that:
1-20 (A) violates the student code of conduct; and
1-21 (B) may serve as the basis for the student's
1-22 placement into a juvenile justice alternative education setting.
1-23 (3) "Parent" includes a guardian.
1-24 (4) "Removal" means a student disciplinary action
2-1 initiated by a teacher who sends the student to the principal's
2-2 office to maintain effective discipline in the classroom.
2-3 (5) "Suspension" means a student disciplinary action
2-4 initiated by the principal or an appropriate administrator
2-5 designated by the principal and applied to a student who engages in
2-6 conduct that:
2-7 (A) violates the student code of conduct; and
2-8 (B) may serve as the basis for the student's
2-9 placement into an in-school suspension setting or a school district
2-10 alternative education setting.
2-11 Sec. 37.003. STUDENT CODE OF CONDUCT. (a) Each school
2-12 district shall, with the advice of its district-level committee
2-13 established under Section 11.251, adopt a student code of conduct
2-14 for the district. The student code of conduct must:
2-15 (1) be posted and prominently displayed at each school
2-16 campus; and
2-17 (2) specify the circumstances under which a student
2-18 may be removed, suspended, or expelled.
2-19 (b) A student who violates the student code of conduct may
2-20 be disciplined as provided under this subchapter.
2-21 (c) A teacher who has actual knowledge that a student has
2-22 violated the student code of conduct shall file a written report
2-23 with the school principal documenting the violation. A principal
2-24 who has actual knowledge that a student has violated the student
2-25 code of conduct shall make a written report documenting the
2-26 violation. The principal shall send a copy of the report to the
2-27 student's parent. A report under this subsection must be sent not
3-1 later than 24 hours after the time the principal receives the
3-2 report or obtains actual knowledge of the violation, as applicable.
3-3 (d) A principal who does not have actual knowledge but is
3-4 informed, other than by a written report under Subsection (c), that
3-5 a student has violated the student code of conduct or a teacher
3-6 who is informed that a student has violated the student code of
3-7 conduct shall investigate or provide for investigation of the
3-8 reported violation. In the case of an investigation by a person
3-9 other than the principal, a written report of the investigation
3-10 shall be sent to the principal.
3-11 (e) Each school district shall annually review the student
3-12 code of conduct.
3-13 (f) In this section, "principal" includes an appropriate
3-14 administrator designated by the principal.
3-15 Sec. 37.004. REMOVAL BY TEACHER. (a) A teacher may remove
3-16 from class a student:
3-17 (1) whose behavior in the classroom violates the
3-18 student code of conduct; or
3-19 (2) whose behavior is so unruly, disruptive, or
3-20 abusive that the behavior seriously interferes with the teacher's
3-21 ability to maintain order in the classroom or with the ability of
3-22 the student's classmates to learn.
3-23 (b) A student removed from class under Subsection (a):
3-24 (1) must be sent to the principal's office; and
3-25 (2) may not be returned to the teacher's class without
3-26 the teacher's consent unless the campus review committee determines
3-27 that the placement is the best or only alternative.
4-1 (c) The principal may place the student into another
4-2 appropriate classroom or into another in-school setting, or, if the
4-3 principal determines that the student's conduct warrants, the
4-4 principal may place the student into a district alternative
4-5 education setting.
4-6 (d) As soon as practicable after the student is removed from
4-7 class, the principal shall give oral or written notice of the
4-8 student's removal to the student's parent. If the student is to
4-9 be placed into a setting other than a district alternative
4-10 education setting under this section, the principal shall give
4-11 written notice to the student and to the student's parent that the
4-12 student's behavior could result in placement of the student into a
4-13 district alternative education setting. Before the student may be
4-14 placed into a district alternative education setting under this
4-15 section, the principal must give written notice to the student and
4-16 to the student's parent of the removal, of the behavior on which
4-17 the removal is based, and of the fact that the student is to be
4-18 placed into a district alternative education setting.
4-19 (e) The student may not attend or participate in a
4-20 school-sponsored or school-related activity during the removal
4-21 period.
4-22 Sec. 37.005. CAMPUS REVIEW COMMITTEE. (a) Each school
4-23 shall establish a three-member committee to:
4-24 (1) determine placement of a student when a teacher
4-25 has refused to return a student to the teacher's class; and
4-26 (2) make recommendations to the district concerning
4-27 readmission of expelled students.
5-1 (b) Members of the committee shall be appointed as follows:
5-2 (1) the campus faculty shall choose two teachers to
5-3 serve as members and one teacher to serve as an alternative member;
5-4 and
5-5 (2) the principal shall choose one person from the
5-6 professional staff of the campus to serve as a member and may
5-7 choose a student to serve as an advisory member.
5-8 (c) An advisory member may not vote in determining
5-9 readmission.
5-10 (d) A teacher refusing to readmit the student may not serve
5-11 as a member or alternate.
5-12 Sec. 37.006. SUSPENSION. (a) A principal or an appropriate
5-13 administrator designated by the principal may suspend a student who
5-14 engages in conduct that violates the student code of conduct.
5-15 (b) A student who is suspended may be placed into an
5-16 in-school suspension setting or a district alternative education
5-17 setting.
5-18 (c) An in-school suspension may not exceed five consecutive
5-19 school days.
5-20 (d) A student may not be placed into an in-school suspension
5-21 setting for more than 10 days in any one school year without a
5-22 hearing as prescribed under Section 37.013.
5-23 (e) The student may not attend or participate in a
5-24 school-sponsored or school-related activity during the suspension
5-25 period.
5-26 Sec. 37.007. DISTRICT ALTERNATIVE EDUCATION SETTING. (a)
5-27 Each school district shall provide an alternative education setting
6-1 that:
6-2 (1) is located in a setting other than a student's
6-3 regular classroom;
6-4 (2) may be located on or off of a regular school
6-5 campus;
6-6 (3) ensures that a student who is assigned to the
6-7 alternative education setting is separated from students who are
6-8 not assigned to the setting;
6-9 (4) offers an academic program that enables students
6-10 to perform at grade level and offers the courses necessary for a
6-11 high school student to fulfill the student's high school graduation
6-12 requirements;
6-13 (5) carries out the mission under Section 37.001; and
6-14 (6) is considered a campus for purposes of Subchapters
6-15 C, D, F, and G, Chapter 39, to the extent determined by the
6-16 commissioner.
6-17 (b) Except as otherwise provided by this section or Section
6-18 37.010, a student shall be placed into a district alternative
6-19 education setting if the student while on or within 1,000 feet of
6-20 school property or while attending a school-sponsored or
6-21 school-related activity on or off of school property:
6-22 (1) engages in conduct that contains the elements of
6-23 assault under Section 22.01(a)(1), Penal Code, or terroristic
6-24 threat under Section 22.07, Penal Code;
6-25 (2) sells, gives, or delivers to another person or
6-26 possesses or uses or is under the influence of:
6-27 (A) marihuana or a controlled substance, as
7-1 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
7-2 Section 801 et seq.; or
7-3 (B) a dangerous drug, as defined by Chapter 483,
7-4 Health and Safety Code;
7-5 (3) sells, gives, or delivers to another person an
7-6 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
7-7 Code, commits a serious act or offense while under the influence of
7-8 alcohol, or possesses, uses, or is under the influence of an
7-9 alcoholic beverage;
7-10 (4) engages in conduct that contains the elements of
7-11 an offense relating to abusable glue or aerosol paint under
7-12 Sections 485.031 through 485.034, Health and Safety Code, or
7-13 relating to volatile chemicals under Chapter 484, Health and Safety
7-14 Code;
7-15 (5) engages in conduct that contains the elements of
7-16 the offense of public lewdness under Section 21.07, Penal Code, or
7-17 indecent exposure under Section 21.08, Penal Code; or
7-18 (6) engages in any other conduct that is punishable
7-19 as a felony.
7-20 (c) Subsection (b)(2) does not apply to the possession or
7-21 use of a medication by a student who is taking the medication under
7-22 a physician's prescription. The school nurse or an appropriate
7-23 administrator shall be notified of the prescription and shall
7-24 maintain the medication and administer the medication to the
7-25 student unless the student's parent has filed with the school a
7-26 written authorization for the student to keep the medication on the
7-27 student's person.
8-1 (d) A student shall be placed into a district alternative
8-2 education setting if the student off of school property and not
8-3 while attending a school-sponsored or school-related activity
8-4 engages in the following conduct if the conduct is punishable as a
8-5 felony of a particular degree specified or, if not specified, if
8-6 the conduct is punishable as a felony of any degree:
8-7 (1) conduct that contains the elements of an offense
8-8 under Title 5, Penal Code;
8-9 (2) conduct that contains the elements of the offense
8-10 of robbery under Section 29.02, Penal Code;
8-11 (3) conduct that contains the elements of the offense
8-12 of aggravated robbery under Section 29.03, Penal Code;
8-13 (4) conduct that contains the elements of the offense
8-14 of burglary under Section 30.02, Penal Code, if the conduct is
8-15 punishable as a felony of the first degree;
8-16 (5) possessing, delivering to another person, or
8-17 manufacturing:
8-18 (A) marihuana or a controlled substance, as
8-19 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
8-20 Section 801 et seq.; or
8-21 (B) a dangerous drug, as defined by Chapter 483,
8-22 Health and Safety Code;
8-23 (6) committing a serious act or offense while under
8-24 the influence of alcohol; or
8-25 (7) using, exhibiting, or possessing:
8-26 (A) a firearm as defined by Section 46.01(3),
8-27 Penal Code;
9-1 (B) an illegal knife as defined by Section
9-2 46.01(6), Penal Code, or by local policy;
9-3 (C) a club as defined by Section 46.01(1), Penal
9-4 Code; or
9-5 (D) a weapon listed as a prohibited weapon under
9-6 Section 46.05, Penal Code.
9-7 (e) A district alternative education setting shall
9-8 administer assessment instruments in accordance with Sections
9-9 39.023(a)-(c). Annually, the commissioner shall evaluate the
9-10 performance of a district alternative education setting based
9-11 primarily on comparable and required improvement standards that
9-12 measure the academic progress of students toward grade level
9-13 performance while attending the district alternative education
9-14 setting.
9-15 (f) A district alternative education setting may provide for
9-16 a student's transfer to:
9-17 (1) a different campus;
9-18 (2) a school-community guidance center; or
9-19 (3) a community-based alternative school.
9-20 (g) A school district may provide a district alternative
9-21 education setting with one or more districts.
9-22 (h) A student assigned to a district alternative education
9-23 setting is counted in computing the average daily attendance of
9-24 students in the district for the student's time in actual
9-25 attendance in the setting.
9-26 (i) Each school district shall cooperate with government
9-27 agencies and community organizations that provide services in the
10-1 district to students placed into a district alternative education
10-2 setting.
10-3 (j) If a student placed into a district alternative
10-4 education setting enrolls in another school district before the
10-5 expiration of the period of placement, the board of trustees of the
10-6 district requiring the placement shall provide to the district in
10-7 which the student seeks enrollment a copy of the placement order.
10-8 The placement order shall be provided at the same time as all other
10-9 records of the student are provided. The district in which the
10-10 student enrolls may continue the alternative education setting
10-11 placement or may allow the student to attend regular classes
10-12 without completing the placement period.
10-13 (k) The board of trustees or the board's designee shall set
10-14 the term for a student's placement into a district alternative
10-15 education setting.
10-16 (l) The student shall be provided a review of the student's
10-17 status, including a review of the student's academic status, by the
10-18 board's designee at intervals not to exceed 120 days. In the case
10-19 of a high school student, the board's designee, with the student's
10-20 parent, shall review the student's progress towards meeting high
10-21 school graduation requirements and shall establish a specific
10-22 graduation plan for the student.
10-23 (m) A student placed into a district alternative education
10-24 setting on or before the first anniversary of a previous placement
10-25 must remain in the subsequent alternative education setting for at
10-26 least two full school semesters or the equivalent period in the
10-27 case of a district that does not operate on a semester system.
11-1 (n) The student may not attend or participate in a
11-2 school-sponsored or school-related activity during the period of
11-3 placement in the district alternative education setting.
11-4 Sec. 37.008. CONFERENCE. (a) Not later than the third
11-5 working day after the date of receiving a request from the parent
11-6 of a student removed from class under Section 37.004 or suspended
11-7 into another classroom or into an in-school suspension setting
11-8 under Section 37.006, the principal shall schedule a conference
11-9 among the principal or another appropriate administrator, a parent
11-10 of the student, the student, and the teacher removing the student
11-11 from the class, if any. At the conference, the student is entitled
11-12 to written or oral notice of the reasons for the removal or
11-13 suspension and an opportunity to respond to the reasons for the
11-14 removal or suspension. The student may not be returned to the
11-15 classroom of the removing teacher pending the conference.
11-16 (b) Following the conference and regardless of whether the
11-17 requesting parent is present, the principal may order the continued
11-18 placement of the student into another classroom or into an
11-19 in-school suspension setting.
11-20 (c) A decision of the principal under this section is final
11-21 and may not be appealed.
11-22 Sec. 37.009. SERIOUS OR PERSISTENT MISBEHAVIOR. (a) A
11-23 student may be expelled for serious or persistent misbehavior if
11-24 the student:
11-25 (1) while in a district alternative education setting,
11-26 continues to engage in conduct that violates the district's student
11-27 code of conduct; or
12-1 (2) has been placed into a district alternative
12-2 education setting more than two times in a single school year.
12-3 (b) Before a student may be expelled under this section:
12-4 (1) the student and the student's parent must be given
12-5 written notice that explains that the student's behavior could
12-6 result in placement into a juvenile justice alternative education
12-7 setting and that identifies the conduct that the student must
12-8 discontinue;
12-9 (2) a conference must be held in accordance with
12-10 Section 37.008; and
12-11 (3) the student must be provided an opportunity to
12-12 modify the student's behavior.
12-13 Sec. 37.010. EXPULSION. (a) A student shall be expelled if
12-14 the student, while on or within 1,000 feet of school property or
12-15 while attending a school-sponsored or school-related activity on or
12-16 off of school property:
12-17 (1) uses, exhibits, or possesses:
12-18 (A) a firearm as defined by Section 46.01(3),
12-19 Penal Code;
12-20 (B) an illegal knife as defined by Section
12-21 46.01(6), Penal Code, or by local policy; or
12-22 (C) a weapon listed as a prohibited weapon under
12-23 Section 46.05, Penal Code;
12-24 (2) engages in conduct that contains the elements of
12-25 the offense of:
12-26 (A) aggravated assault under Section 22.02,
12-27 Penal Code, sexual assault under Section 22.011, Penal Code, or
13-1 aggravated sexual assault under Section 22.021, Penal Code;
13-2 (B) arson under Section 28.02, Penal Code;
13-3 (C) murder under Section 19.02, Penal Code,
13-4 capital murder under Section 19.03, Penal Code, or criminal
13-5 attempt, under Section 15.01, Penal Code, to commit murder or
13-6 capital murder;
13-7 (D) indecency with a child under Section 21.11,
13-8 Penal Code; or
13-9 (E) aggravated kidnapping under Section 20.04,
13-10 Penal Code; or
13-11 (3) engages in conduct specified by Section
13-12 37.007(b)(2) or (3), if the conduct is punishable as a felony.
13-13 (b) A student may be expelled if the student, while on or
13-14 within 1,000 feet of school property or while attending a
13-15 school-sponsored or school-related activity on or off of school
13-16 property:
13-17 (1) sells, gives, or delivers to another person or
13-18 possesses, uses, or is under the influence of any amount of:
13-19 (A) marihuana or a controlled substance, as
13-20 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
13-21 Section 801 et seq.;
13-22 (B) a dangerous drug, as defined by Chapter 483,
13-23 Health and Safety Code; or
13-24 (C) an alcoholic beverage, as defined by Section
13-25 1.04, Alcoholic Beverage Code; or
13-26 (2) engages in conduct that contains the elements of
13-27 an offense relating to abusable glue or aerosol paint under
14-1 Sections 485.031 through 485.034, Health and Safety Code, or
14-2 relating to volatile chemicals under Chapter 484, Health and Safety
14-3 Code.
14-4 (c) Subsections (b)(1)(A) and (B) do not apply to the
14-5 possession or use of a medication by a student who is taking the
14-6 medication under a physician's prescription. The school nurse or
14-7 an appropriate administrator shall be notified of the prescription
14-8 and shall maintain the medication and administer the medication to
14-9 the student unless the student's parent has filed with the school a
14-10 written authorization for the student to keep the medication on the
14-11 student's person.
14-12 (d) A student shall be expelled if the student while on or
14-13 off of school property and regardless of whether the student is
14-14 attending a school-sponsored or school-related activity engages in
14-15 conduct that contains the elements of any offense listed under
14-16 Subsection (a) against any school district employee or student in
14-17 retaliation for or as a result of the employee's employment with a
14-18 school district or the student's attendance or activity at school.
14-19 (e) In accordance with federal law, a local educational
14-20 agency, including a school district, home-rule school district, or
14-21 open-enrollment charter school, shall expel a student who brings a
14-22 firearm, as defined by 18 U.S.C. Section 921, to school. The
14-23 student shall be expelled for a period of at least one year, except
14-24 that:
14-25 (1) the superintendent or other chief administrative
14-26 officer of the school district or of the other local educational
14-27 agency, as defined by 20 U.S.C. Section 8921, may modify the length
15-1 of the expulsion; or
15-2 (2) the district or other local educational agency may
15-3 provide services to an expelled student who is younger than 10
15-4 years of age in a district alternative education setting.
15-5 (f) Each school district shall report to the agency the
15-6 number of students expelled under Subsection (e) each year, the
15-7 names of the schools from which the students are expelled, and the
15-8 types of weapons involved.
15-9 (g) A student who, while on or within 1,000 feet of school
15-10 property or while attending a school-sponsored or school-related
15-11 activity on or off of school property, engages in conduct that
15-12 contains the elements of the offense of criminal mischief under
15-13 Section 28.03, Penal Code, may be expelled at the district's
15-14 discretion if the conduct is punishable as a felony under that
15-15 section. The student shall be referred to the authorized officer
15-16 of the juvenile court regardless of whether the student is
15-17 expelled.
15-18 (h) A school district shall inform each teacher of the
15-19 conduct of a student who has engaged in conduct listed under this
15-20 section. A teacher shall keep the information received in this
15-21 subsection confidential. A teacher who the district determines has
15-22 intentionally violated this subsection may have the teacher's
15-23 certification revoked or suspended by the State Board for Educator
15-24 Certification.
15-25 (i) Subject to Subsection (e), notwithstanding any other
15-26 provision of this section, a student who is younger than 10 years
15-27 of age may not be expelled for engaging in conduct described by
16-1 this section. A student who is younger than 10 years of age who
16-2 engages in conduct described by this section shall be placed in a
16-3 district alternative education setting under Section 37.007.
16-4 Sec. 37.011. COURT INVOLVEMENT. (a) Not later than the
16-5 second working day after the date a hearing is held under Section
16-6 37.013, the board of trustees of a school district or the board's
16-7 designee shall deliver a copy of the order placing a student into a
16-8 district alternative education setting or expelling a student and
16-9 any information required under Section 52.04, Family Code, to the
16-10 authorized officer of the juvenile court in the county in which the
16-11 student resides.
16-12 (b) If a student is expelled, the board or its designee
16-13 shall refer the student to the authorized officer of the juvenile
16-14 court for appropriate proceedings under Title 3, Family Code.
16-15 (c) In a county with a population of 125,000 or less that
16-16 does not participate in a juvenile justice alternative education
16-17 setting, the juvenile board for the county in which the district's
16-18 central administrative office is located and the board of trustees
16-19 of the district shall enter into an annual memorandum of
16-20 understanding concerning the juvenile probation department's role
16-21 in supervising and providing other support services for students in
16-22 a district alternative education setting. A court may order a
16-23 student expelled under Section 37.009 or 37.010 to attend a
16-24 district alternative education setting as a condition of probation
16-25 unless otherwise agreed in the memorandum of understanding. If a
16-26 court orders a student to attend a district alternative education
16-27 setting as a condition of probation once during a school year and
17-1 the student is referred to juvenile court again during that school
17-2 year, the juvenile court may not order that the student attend a
17-3 district alternative education setting without the district's
17-4 consent unless otherwise agreed in the memorandum of understanding.
17-5 (d) A placement in a juvenile justice alternative education
17-6 setting by a court order under this section must prohibit the
17-7 student from attending or participating in school-sponsored or
17-8 school-related activities.
17-9 (e) In compliance with compulsory school attendance
17-10 requirements under Section 25.085 and the memorandum of
17-11 understanding under Subsection (c) between the school district and
17-12 the juvenile board in a county that does not participate in a
17-13 juvenile justice alternative education setting, an expelled student
17-14 shall immediately attend an educational program as provided by law
17-15 and in accordance with the memorandum of understanding from the
17-16 date of expulsion. Each expelled student who is not detained or
17-17 receiving treatment under an order of the juvenile court must be
17-18 enrolled in an educational program. A school district and the
17-19 juvenile board for the county in which the district's central
17-20 administrative office is located shall provide for ensuring
17-21 compliance with this subsection through the memorandum of
17-22 understanding.
17-23 (f) If a student is expelled under Section 37.009 or 37.010,
17-24 on the recommendation of the committee established under Section
17-25 37.005 or on its own initiative, a district may readmit the student
17-26 while the student is completing any requirements imposed by the
17-27 court. After the student has successfully completed any
18-1 requirements the court imposes, including conditions of a deferred
18-2 prosecution or conditions required by a prosecutor or probation
18-3 department, and if the student meets the requirements for admission
18-4 into public schools established by this title, a district may not
18-5 refuse to admit the student, but the district may place the student
18-6 into a district alternative education setting. Notwithstanding any
18-7 other provision of this section, the student may not be returned to
18-8 the classroom of the teacher under whose supervision the conduct
18-9 occurred without the teacher's consent. The teacher may not be
18-10 coerced to consent.
18-11 (g) If an expelled student enrolls in another school
18-12 district, the board of trustees of the district that expelled the
18-13 student shall provide to the district in which the student enrolls,
18-14 at the same time other records of the student are provided, a copy
18-15 of the expulsion order and the referral to the authorized officer
18-16 of the juvenile court. The district in which the student enrolls
18-17 may continue the expulsion under the terms of the order, may place
18-18 the student into a district alternative education setting for the
18-19 period specified by the expulsion order, or may allow the student
18-20 to attend regular classes without completing the period of
18-21 expulsion.
18-22 (h) A person is not liable in civil damages for a referral
18-23 to a juvenile court as required by this section.
18-24 Sec. 37.012. JUVENILE JUSTICE ALTERNATIVE EDUCATION SETTING.
18-25 (a) The juvenile board of a county with a population greater than
18-26 125,000 shall develop a juvenile justice alternative education
18-27 setting, subject to the approval of the Texas Juvenile Probation
19-1 Commission. The juvenile board of a county with a population of
19-2 125,000 or less may develop a juvenile justice alternative
19-3 education setting. A juvenile justice alternative education
19-4 setting in a county with a population of 125,000 or less:
19-5 (1) is not required to be approved by the Texas
19-6 Juvenile Probation Commission; and
19-7 (2) is not subject to Subsection (c), (d), (f), or
19-8 (g).
19-9 (b) If a student is expelled from school under Section
19-10 37.009 or 37.010, unless otherwise agreed to in the memorandum of
19-11 understanding required under Subsection (i), the juvenile court
19-12 shall:
19-13 (1) if the student is placed on probation under
19-14 Section 54.04, Family Code, as a condition of probation, order the
19-15 student to attend a juvenile justice alternative education setting
19-16 in the county in which the student resides from the date of
19-17 disposition, unless the student is placed in a post-adjudication
19-18 treatment facility;
19-19 (2) if the student is placed on deferred prosecution
19-20 under Section 53.03, Family Code, as a condition of the deferred
19-21 prosecution, order the student to immediately attend the juvenile
19-22 justice alternative education setting in the county in which the
19-23 student resides for a period not to exceed six months; and
19-24 (3) consider the length of the school district's
19-25 expulsion order for the student in determining the terms of the
19-26 court-ordered probation or deferred prosecution.
19-27 (c) A juvenile justice alternative education setting shall
20-1 adopt a student code of conduct in accordance with Section 37.003.
20-2 (d) The commissioner and the Texas Juvenile Probation
20-3 Commission shall jointly establish appropriate educational goals
20-4 for juvenile justice alternative education settings. A juvenile
20-5 justice alternative education setting must focus on English
20-6 language arts, mathematics, science, history, and self-discipline.
20-7 Each school district shall consider course credit earned by a
20-8 student while in a juvenile justice alternative education setting
20-9 as credit earned in a district school. Each setting shall
20-10 administer assessment instruments under Subchapter B, Chapter 39,
20-11 and shall offer, at minimum, a high school equivalency program. If
20-12 an expelled student is performing at an academic level that would
20-13 enable the student to be academically qualified to graduate on the
20-14 expected date of graduation for the student's grade level, the
20-15 student shall be provided with the appropriate courses to enable
20-16 that student to continue to be qualified to graduate at that time.
20-17 In the case of a high school student, the board or the board's
20-18 designee, with the student's parent, shall review the student's
20-19 progress towards meeting high school graduation requirements and
20-20 shall establish a specific graduation plan for the student. If a
20-21 student satisfies the requirements for graduation under Section
20-22 28.025, the school district in which the student resides shall
20-23 issue a diploma to the student. Except as required under this
20-24 subsection, the juvenile justice alternative education setting is
20-25 not required to provide a course necessary to fulfill a student's
20-26 high school graduation requirements.
20-27 (e) A juvenile justice alternative education setting may be
21-1 provided in a facility owned by a school district. A school
21-2 district may provide personnel and services for a juvenile justice
21-3 alternative education setting under contract with the juvenile
21-4 board.
21-5 (f) A juvenile justice alternative education setting must
21-6 operate and provide the curriculum required under Subsection (d) at
21-7 least:
21-8 (1) seven hours each day; and
21-9 (2) 180 days each year, except as necessary to comply
21-10 with Subsection (g).
21-11 (g) A juvenile justice alternative education setting shall
21-12 provide an extended year program of courses for students identified
21-13 as unlikely to be promoted to the next grade level. The extended
21-14 year program must operate at least 224 days each year, including
21-15 the days of operation required under Subsection (f). A student
21-16 identified as unlikely to be promoted to the next grade level who
21-17 is enrolled in a juvenile justice alternative education setting
21-18 must attend the extended year program.
21-19 (h) A juvenile justice alternative education setting:
21-20 (1) is subject to a written operating policy developed
21-21 by the juvenile justice board and submitted to the Texas Juvenile
21-22 Probation Commission for review and comment;
21-23 (2) shall comply with program and performance
21-24 standards adopted by the Texas Juvenile Probation Commission in
21-25 consultation with the agency; and
21-26 (3) is not subject to the requirements imposed by this
21-27 title, other than a reporting requirement or a requirement imposed
22-1 by this chapter or Chapter 39.
22-2 (i) Not later than September 1 of each year, the school
22-3 districts in a county with a population greater than 125,000 shall
22-4 jointly enter into a memorandum of understanding with the county
22-5 juvenile board unless the parties agree that each school district
22-6 shall individually enter into a memorandum of understanding with
22-7 the county juvenile board. A memorandum of understanding under
22-8 this subsection must:
22-9 (1) outline the responsibilities of the juvenile board
22-10 concerning the establishment and operation of a juvenile justice
22-11 alternative education setting under this section;
22-12 (2) define the amount and condition of payments from
22-13 the school district to the juvenile board for students of the
22-14 school district served in the juvenile justice alternative
22-15 education setting on the basis of a funding level sufficient for
22-16 the setting to fulfill its responsibilities under Subdivision (1)
22-17 and in accordance with Section 37.014;
22-18 (3) identify those categories of conduct that the
22-19 school district has defined in its student code of conduct as
22-20 constituting serious or persistent misbehavior for which the
22-21 parties agree a student may be placed in the juvenile justice
22-22 alternative education setting;
22-23 (4) identify and require a timely placement and
22-24 specify a term of placement for expelled students for whom the
22-25 school district has received a notice under Section 52.041(d),
22-26 Family Code;
22-27 (5) establish services for the transition of expelled
23-1 students to the school district before completion of the student's
23-2 placement into the juvenile justice alternative education setting;
23-3 (6) establish and specify the components of a plan
23-4 that provides transportation services for eligible students placed
23-5 into the juvenile justice alternative education setting in
23-6 accordance with Section 37.014(g); and
23-7 (7) establish a maximum capacity for the juvenile
23-8 justice alternative education setting and establish a procedure to
23-9 ensure each expelled student in the county is placed in an
23-10 educational program.
23-11 (j) If the parties are unable to reach an agreement for
23-12 adoption of the memorandum of understanding required under
23-13 Subsection (i), the issues of dispute shall be referred to a
23-14 binding arbitration process that uses a qualified alternate dispute
23-15 resolution arbitrator. Each party must submit its final proposal
23-16 to the arbitrator who shall make a decision that resolves the
23-17 dispute within the parameters of the parties' proposals. Each
23-18 school district and the juvenile board share equally the costs of
23-19 arbitration, including any reasonable and necessary travel expenses
23-20 incurred by the arbitrator, except that a school district that has
23-21 failed to enter into a joint memorandum of understanding with the
23-22 county juvenile board and the other school districts in the county
23-23 is responsible for the entire cost of the arbitration. If the
23-24 parties cannot agree on an arbitrator, the juvenile board shall
23-25 select an arbitrator, the school districts shall select an
23-26 arbitrator, and those two arbitrators shall select an arbitrator.
23-27 The three arbitrators shall decide the issues in dispute. The
24-1 Texas Juvenile Probation Commission shall, with the approval of the
24-2 agency, adopt rules and procedures governing the arbitration
24-3 process. An arbitration decision issued under this subsection is
24-4 enforceable in a court in the county in which the juvenile justice
24-5 alternative education setting is located.
24-6 (k) Concerning the development and operation of a juvenile
24-7 justice alternative education setting, a juvenile board, a county,
24-8 and a commissioners court are immune from liability to the same
24-9 extent as a school district and the juvenile board's or county's
24-10 professional employees and volunteers are immune from liability to
24-11 the same extent as a school district's professional employees and
24-12 volunteers.
24-13 (l) A certified educator employed in a juvenile justice
24-14 alternative education setting who qualifies for membership in the
24-15 Teacher Retirement System of Texas shall be covered under the
24-16 system to the same extent that a qualified employee of a school
24-17 district is covered. The operator of the juvenile justice
24-18 alternative education setting is responsible for making any
24-19 contribution that otherwise would be the legal responsibility of
24-20 the school district for the person as if the person were a school
24-21 district employee, and the state is responsible to the extent it
24-22 would be legally responsible if the person were a school district
24-23 employee.
24-24 (m) For purposes of accountability under Chapter 39 and the
24-25 Foundation School Program under Chapter 42, a student enrolled in a
24-26 juvenile justice alternative education setting is reported as if
24-27 the student was enrolled at the student's assigned campus in the
25-1 student's regularly assigned education program.
25-2 (n) In establishing the term of a student's placement into a
25-3 juvenile justice alternative education setting, the term best
25-4 suited to the academic and personal development of that student
25-5 must be considered.
25-6 (o) A student who is progressing satisfactorily in the
25-7 juvenile justice alternative education setting may choose to remain
25-8 in the program with the written permission of the student's parent,
25-9 despite being released from court jurisdiction.
25-10 (p) The student may not attend or participate in a
25-11 school-sponsored or school-related activity during the period of
25-12 assignment to the juvenile justice alternative education setting.
25-13 Sec. 37.013. HEARING. (a) Not later than the third working
25-14 day after the date a student is placed into a district alternative
25-15 education setting or a juvenile justice alternative education
25-16 setting or placed into an in-school suspension setting under
25-17 circumstances described by Section 37.006(d), the school principal
25-18 shall schedule a hearing among the principal, or other appropriate
25-19 administrator, a parent of the student, the teacher removing the
25-20 student, if any, and the student. The principal shall notify the
25-21 parent in writing concerning the hearing. The notice must include
25-22 the date, time, and place of the hearing and must specify the
25-23 reasons for the student's placement.
25-24 (b) At the hearing, the student is entitled to:
25-25 (1) written notice of the reasons for the removal;
25-26 (2) an explanation of the basis of the placement;
25-27 (3) explain the student's position and respond to the
26-1 reasons given for the removal and the explanation of the basis of
26-2 the placement; and
26-3 (4) be represented by the student's parent or another
26-4 adult who may provide guidance to the student and who is not an
26-5 employee of the school district.
26-6 (c) The student may not return to the regular classroom
26-7 pending the hearing.
26-8 (d) If the principal makes a good-faith effort to inform the
26-9 student and the student's parent of the date, time, and place of
26-10 the hearing, the hearing may be held regardless of whether the
26-11 student, the student's parent, or another adult representing the
26-12 student attends.
26-13 (e) After the hearing, the principal or other appropriate
26-14 administrator shall send a written report concerning the hearing to
26-15 the board of trustees of the school district or the board's
26-16 designee and to the parent of the student. The report must include
26-17 the decisions and recommendations, if any, regarding the student's
26-18 placement into an in-school suspension setting, a district
26-19 alternative education setting, or a juvenile justice alternative
26-20 education setting.
26-21 (f) A student or the student's parent may appeal the
26-22 decision and recommendations to the board or the board's designee.
26-23 A decision by the board or the board's designee is final and may
26-24 not be appealed.
26-25 Sec. 37.014. FUNDING OF ALTERNATIVE EDUCATION SETTINGS. (a)
26-26 Funding for a student who is placed into a district's alternative
26-27 education setting shall be provided in the same manner as if the
27-1 student were attending the student's regularly assigned education
27-2 program.
27-3 (b) In the case of funding for a student who is expelled and
27-4 attending a juvenile justice alternative education setting, the
27-5 school district from which the student was expelled shall transfer
27-6 to the juvenile board in charge of the juvenile justice alternative
27-7 education setting for the portion of the school year for which the
27-8 juvenile justice alternative education setting is to provide
27-9 educational services funds an amount determined by the memorandum
27-10 of understanding under Section 37.012(i). That amount must be
27-11 sufficient based on operation of the juvenile justice alternative
27-12 education setting as described and agreed on in the memorandum of
27-13 understanding and may not be less than the amount that would be
27-14 attributable to the student in the student's regular education
27-15 program or district alternative education setting, whichever is
27-16 greater. Funds to cover the administrative costs attributable to
27-17 the student shall be included in determining that amount. Unless
27-18 otherwise agreed in a memorandum of understanding between the
27-19 district and the county juvenile board, the district shall transfer
27-20 the funds as soon as the funds are available to the district. In
27-21 this subsection, "administrative costs" has the meaning assigned by
27-22 Section 42.201.
27-23 (c) Any decision by an arbitrator under Section 37.012(j)
27-24 concerning the amount of the funding for a student who is expelled
27-25 and attending a juvenile justice alternative education setting must
27-26 provide an amount sufficient based on operation of the juvenile
27-27 justice alternative education setting as described and agreed on in
28-1 the memorandum of understanding and may not be less than the amount
28-2 that would be attributable to the student in the student's regular
28-3 education program or district alternative education setting,
28-4 whichever is greater. In determining the amount to be paid by a
28-5 school district for an expelled student enrolled in a juvenile
28-6 justice alternative education setting, the arbitrator shall
28-7 consider relevant factors, including evidence of:
28-8 (1) the actual average total per student expenditure
28-9 the district's alternative education setting;
28-10 (2) the expected per student cost in the juvenile
28-11 justice alternative education setting as described and agreed on in
28-12 the memorandum of understanding; and
28-13 (3) the costs necessary to achieve the accountability
28-14 goals under this chapter.
28-15 (d) Each school district and juvenile board shall provide an
28-16 arbitrator with the evidence the district or board, as applicable,
28-17 has or controls that may be relevant in making a determination
28-18 relating to funding. If the issue before the arbitrator concerns
28-19 funding and the arbitrator has not reached a decision by September
28-20 1 of any school year, the school district shall transfer the amount
28-21 of funds otherwise required under this section as an initial
28-22 payment toward the amount to be determined by the arbitrator.
28-23 (e) If a student is reassigned from one juvenile justice
28-24 alternative education setting to another, the school district in
28-25 which the student is entitled to attend school under Section 25.001
28-26 shall assume from the district in which the student was formerly
28-27 enrolled responsibility for transferring funds in the manner
29-1 provided by this section and in accordance with the memorandum of
29-2 understanding adopted by the school district and the juvenile board
29-3 in the receiving county. If a student who has not been expelled
29-4 but who is under the jurisdiction of a juvenile court has been
29-5 ordered to attend the juvenile justice alternative education
29-6 setting, the school district shall forward to the appropriate
29-7 juvenile board the per student allotment for expelled students in
29-8 the setting.
29-9 (f) Funds received under this section must be spent:
29-10 (1) on programs in alternative education settings; and
29-11 (2) for the benefit of the student on whose placement
29-12 the funds are based.
29-13 (g) To the extent not otherwise provided, the school
29-14 district in which a student was last enrolled before the student's
29-15 placement into a juvenile justice alternative education setting
29-16 shall provide transportation to and from a juvenile justice
29-17 alternative education setting. The district must ensure that
29-18 students attending the juvenile justice alternative education
29-19 setting are transported separately from students not attending an
29-20 alternative education setting.
29-21 (h) The Office of State-Federal Relations shall identify
29-22 additional state or local funds to assist local juvenile probation
29-23 departments conducting educational or job training programs in a
29-24 juvenile justice alternative education setting and shall coordinate
29-25 its efforts with the Texas Juvenile Probation Commission. The
29-26 Office of State-Federal Relations shall provide an annual report to
29-27 the legislature summarizing any funds provided under this
30-1 subsection.
30-2 (i) In this subsection, "juvenile justice setting" means a
30-3 public or private juvenile justice setting operated under the
30-4 authority of a county juvenile board, including a preadjudication
30-5 secure detention facility setting, a postadjudication secure
30-6 correctional facility setting, and a secure or nonsecure day
30-7 treatment facility setting. The term includes a boot camp program
30-8 operated under the authority of a juvenile board. If a student is
30-9 placed in a juvenile justice setting that provides educational
30-10 services other than a setting under Section 37.012:
30-11 (1) for Foundation School Program purposes, the
30-12 student is reported as if the student were enrolled at the
30-13 student's assigned campus in the student's regularly assigned
30-14 education program, including a special education program; and
30-15 (2) the school district in which the student is
30-16 enrolled on the date a juvenile court orders the student to be
30-17 placed in the juvenile justice setting shall transfer to the public
30-18 entity that provides educational services to the student in the
30-19 setting, for the portion of the school year for which the entity
30-20 provides educational services, funds equal to the district's
30-21 average per student expenditure in alternative education settings
30-22 under Section 37.007.
30-23 Sec. 37.015. STUDENTS WITH DISABILITIES. (a)
30-24 Notwithstanding any other provision of this subchapter, the
30-25 placement of a student with a disability who receives special
30-26 education services may be made only by the student's admission,
30-27 review, and dismissal committee.
31-1 (b) The placement of a student with a disability under this
31-2 subchapter must be in accordance with applicable state and federal
31-3 rules, regulations, and laws.
31-4 (c) In the case of a student with a disability who receives
31-5 special education services and who is placed into a juvenile
31-6 justice alternative education setting, the school district the
31-7 student was attending at the time of the placement shall provide
31-8 for the student's related services in accordance with the student's
31-9 individualized education program during the term of the placement.
31-10 In this subsection, "related services" has the meaning assigned by
31-11 Section 29.002.
31-12 (d) Notwithstanding any other provision of this subchapter,
31-13 the funding for a student with a disability who receives special
31-14 education services and who is placed into an alternative education
31-15 setting may not be less than the funding would be for that student
31-16 in a setting other than an alternative education setting after
31-17 subtracting the amount of funds a school district spends in
31-18 providing related services under Subsection (c).
31-19 Sec. 37.016. EMERGENCY ALTERNATIVE PLACEMENT OR EXPULSION.
31-20 (a) Notwithstanding any other provision of this subchapter, the
31-21 principal or the principal's designee may order the immediate
31-22 placement of a student into an alternative education setting if the
31-23 principal or principal's designee reasonably believes the student's
31-24 behavior is so unruly, disruptive, or abusive that the student's
31-25 behavior seriously interferes with the maintenance of order, either
31-26 in the classroom, in the operation of the school, or at a
31-27 school-sponsored activity.
32-1 (b) If the principal or principal's designee reasonably
32-2 believes that the immediate expulsion of a student is necessary to
32-3 protect a person or property from imminent harm, this subchapter
32-4 does not prevent the expulsion.
32-5 (c) At the time of an emergency placement or expulsion, the
32-6 student shall be given oral notice of the reason for the action.
32-7 After that notice is given, the student may be suspended under
32-8 Section 37.006 or expelled under Section 37.010 with the conference
32-9 or hearing appropriate to the type of placement held in accordance
32-10 with this subchapter.
32-11 (d) A principal or principal's designee is not liable for
32-12 civil damages for an emergency placement or expulsion under this
32-13 section.
32-14 Sec. 37.017. REPORTS RELATING TO PLACEMENTS IN ALTERNATIVE
32-15 EDUCATION SETTINGS. In the manner required by the commissioner,
32-16 each school district shall annually report to the commissioner:
32-17 (1) for each placement into an alternative education
32-18 setting under this subchapter, other than a placement for conduct
32-19 under Section 37.009 or 37.010:
32-20 (A) information identifying the student,
32-21 including the student's race, sex, and date of birth,
32-22 that will enable the agency to compare placement data with
32-23 information collected through other reports;
32-24 (B) information indicating whether the placement
32-25 was based on:
32-26 (i) conduct violating the student code of
32-27 conduct adopted under Section 37.003;
33-1 (ii) conduct for which a student may be
33-2 removed from class under Section 37.004;
33-3 (iii) conduct for which a student may be
33-4 suspended under Section 37.006;
33-5 (iv) conduct for which placement in an
33-6 alternative education setting is permitted or required by Section
33-7 37.007; or
33-8 (v) conduct occurring while a student was
33-9 enrolled in another district and for which placement in an
33-10 alternative education setting is permitted by Section 37.007; and
33-11 (C) the number of days the student was assigned
33-12 to the setting and the number of days the student attended the
33-13 setting; and
33-14 (2) for each placement for conduct under Section
33-15 37.009 or 37.010:
33-16 (A) information identifying the student,
33-17 including the student's race, sex, and date of birth, that will
33-18 enable the agency to compare placement data with information
33-19 collected through other reports;
33-20 (B) information indicating whether the conduct
33-21 is:
33-22 (i) serious or persistent misbehavior
33-23 under Section 37.009;
33-24 (ii) conduct for which expulsion is
33-25 required under Section 37.010; or
33-26 (iii) conduct for which expulsion is
33-27 permitted under Section 37.010;
34-1 (C) the number of days the student was placed
34-2 into an alternative education setting; and
34-3 (D) information indicating whether:
34-4 (i) the student was placed into a juvenile
34-5 justice alternative education setting;
34-6 (ii) the student was placed into another
34-7 alternative education setting; or
34-8 (iii) the student was not placed into a
34-9 juvenile justice or other alternative education setting.
34-10 Sec. 37.018. COORDINATION BETWEEN SCHOOL DISTRICTS AND
34-11 JUVENILE BOARDS. The board of trustees of a school district or the
34-12 board's designee shall at the call of the president of the board of
34-13 trustees regularly meet with the juvenile board for the county in
34-14 which the district's central administrative office is located, or
34-15 the juvenile board's designee, concerning supervision and
34-16 rehabilitative services appropriate for expelled students and
34-17 students assigned to alternative education programs. Matters of
34-18 discussion shall include service by probation officers at the
34-19 alternative education setting, recruitment of volunteers to serve
34-20 as mentors and provide tutoring services, and coordination with
34-21 other social service agencies.
34-22 Sec. 37.019. COURT-RELATED CHILDREN--LIAISON OFFICERS. Each
34-23 school district shall appoint at least one educator to act as
34-24 liaison officer for court-related children who are enrolled in the
34-25 district. The liaison officer shall provide counseling and
34-26 services for each court-related child and the child's parents to
34-27 establish or reestablish normal attendance and progress of the
35-1 child in the school.
35-2 Sec. 37.020. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
35-3 (a) The principal of a public or private primary or secondary
35-4 school or a person designated by the principal under Subsection (d)
35-5 shall notify any school district police department and the police
35-6 department of the municipality in which the school is located or,
35-7 if the school is not in a municipality, the sheriff of the county
35-8 in which the school is located, if the principal has reasonable
35-9 grounds to believe that any of the following activities have
35-10 occurred in school, on school property, or at a school-sponsored or
35-11 school-related activity on or off of school property, regardless of
35-12 whether the activity is investigated by school security officers:
35-13 (1) conduct that may constitute an offense listed
35-14 under Section 8(c), Article 42.18, Code of Criminal Procedure;
35-15 (2) deadly conduct under Section 22.05, Penal Code;
35-16 (3) a terroristic threat under Section 22.07, Penal
35-17 Code;
35-18 (4) the use, sale, or possession of a controlled
35-19 substance, drug paraphernalia, or marihuana under Chapter 481,
35-20 Health and Safety Code;
35-21 (5) the possession of any of the weapons or devices
35-22 listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
35-23 Code; or
35-24 (6) conduct that may constitute a criminal offense
35-25 under Section 71.02, Penal Code.
35-26 (b) A person who makes a notification under this section
35-27 shall include the name and address of each student the person
36-1 believes may have participated in the activity.
36-2 (c) A notification is not required under Subsection (a) if
36-3 the person reasonably believes that the activity does not
36-4 constitute a criminal offense.
36-5 (d) The principal of a public or private primary or
36-6 secondary school may designate a school employee who is under the
36-7 supervision of the principal to make the reports required by this
36-8 section.
36-9 (e) The person who makes the notification required under
36-10 Subsection (a) shall also notify each instructional or support
36-11 employee of the school who has regular contact with a student whose
36-12 conduct is the subject of the notice.
36-13 (f) A person is not liable for civil damages for reporting
36-14 in good faith as required by this section.
36-15 Sec. 37.021. REPORT OF DRUG OFFENSES; LIABILITY. A teacher,
36-16 school administrator, or school employee is not liable for civil
36-17 damages for reporting to a school administrator or governmental
36-18 authority, in the exercise of professional judgment within the
36-19 scope of the teacher's, administrator's, or employee's duties, a
36-20 student whom the teacher suspects of using, possessing, or selling,
36-21 on school property:
36-22 (1) marihuana or a controlled substance, as defined by
36-23 Chapter 481, Health and Safety Code;
36-24 (2) a dangerous drug, as defined by Chapter 483,
36-25 Health and Safety Code;
36-26 (3) an abusable glue or aerosol paint, as defined by
36-27 Chapter 485, Health and Safety Code, or a volatile chemical, as
37-1 listed in Chapter 484, Health and Safety Code, if the substance is
37-2 used or sold for the purpose of inhaling its fumes or vapors; or
37-3 (4) an alcoholic beverage, as defined by Section 1.04,
37-4 Alcoholic Beverage Code.
37-5 Sec. 37.022. DESTRUCTION OF CERTAIN RECORDS. Information
37-6 received by a school district under Article 15.27, Code of Criminal
37-7 Procedure, may not be attached to the permanent academic file of
37-8 the student who is the subject of the report. The school district
37-9 shall destroy the information at the end of the school year in
37-10 which the report was filed.
37-11 Sec. 37.023. INFORMATION FOR EDUCATORS. Each school
37-12 district shall provide each teacher and administrator with a copy
37-13 of the local policy relating to this subchapter.
37-14 [Sec. 37.001. STUDENT CODE OF CONDUCT. (a) Each school
37-15 district shall, with the advice of its district-level committee
37-16 established under Section 11.251, and jointly, as appropriate, with
37-17 the juvenile board of each county in which the district is located,
37-18 adopt a student code of conduct for the district. In addition to
37-19 establishing standards for student conduct, the student code of
37-20 conduct must:]
37-21 [(1) specify the circumstances, in accordance with
37-22 this subchapter, under which a student may be removed from a
37-23 classroom, campus, or alternative education program;]
37-24 [(2) outline the responsibilities of each juvenile
37-25 board concerning the establishment and operation of a juvenile
37-26 justice alternative education program under Section 37.011;]
37-27 [(3) define the conditions on payments from the
38-1 district to each juvenile board;]
38-2 [(4) specify conditions that authorize or require a
38-3 principal or other appropriate administrator to transfer a student
38-4 to an alternative education program; and]
38-5 [(5) outline conditions under which a student may be
38-6 suspended as provided by Section 37.005 or expelled as provided by
38-7 Section 37.007.]
38-8 [(b) A teacher with knowledge that a student has violated
38-9 the student code of conduct shall file with the school principal or
38-10 the other appropriate administrator a written report, not to exceed
38-11 one page, documenting the violation. The principal or the other
38-12 appropriate administrator shall, not later than 24 hours after
38-13 receipt of a report from a teacher, send a copy of the report to
38-14 the student's parents or guardians.]
38-15 [(c) Each school district shall adopt a student code of
38-16 conduct as required by this section not later than September 1,
38-17 1996. This subsection expires September 1, 1997.]
38-18 [Sec. 37.002. REMOVAL BY TEACHER. (a) A teacher may send a
38-19 student to the principal's office to maintain effective discipline
38-20 in the classroom. The principal shall respond by employing
38-21 appropriate discipline management techniques consistent with the
38-22 student code of conduct adopted under Section 37.001.]
38-23 [(b) A teacher may remove from class a student:]
38-24 [(1) who has been documented by the teacher to
38-25 repeatedly interfere with the teacher's ability to communicate
38-26 effectively with the students in the class or with the ability of
38-27 the student's classmates to learn; or]
39-1 [(2) whose behavior the teacher determines is so
39-2 unruly, disruptive, or abusive that it seriously interferes with
39-3 the teacher's ability to communicate effectively with the students
39-4 in the class or with the ability of the student's classmates to
39-5 learn.]
39-6 [(c) If a teacher removes a student from class under
39-7 Subsection (b), the principal may place the student into another
39-8 appropriate classroom, into in-school suspension, or into an
39-9 alternative education program as provided by Section 37.008. The
39-10 principal may not return the student to that teacher's class
39-11 without the teacher's consent unless the committee established
39-12 under Section 37.003 determines that such placement is the best or
39-13 only alternative available. The terms of the removal may prohibit
39-14 the student from attending or participating in school-sponsored or
39-15 school-related activity.]
39-16 [(d) A teacher shall remove from class and send to the
39-17 principal for placement in an alternative education program or for
39-18 expulsion, as appropriate, a student who engages in conduct
39-19 described under Section 37.006 or 37.007. The student may not be
39-20 returned to that teacher's class without the teacher's consent
39-21 unless the committee established under Section 37.003 determines
39-22 that such placement is the best or only alternative available.]
39-23 [Sec. 37.003. PLACEMENT REVIEW COMMITTEE. (a) Each school
39-24 shall establish a three-member committee to determine placement of
39-25 a student when a teacher refuses the return of a student to the
39-26 teacher's class and make recommendations to the district regarding
39-27 readmission of expelled students. Members shall be appointed as
40-1 follows:]
40-2 [(1) the campus faculty shall choose two teachers to
40-3 serve as members and one teacher to serve as an alternate member;
40-4 and]
40-5 [(2) the principal shall choose one member from the
40-6 professional staff of a campus.]
40-7 [(b) The teacher refusing to readmit the student may not
40-8 serve on the committee.]
40-9 [Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES. The
40-10 placement of a student with a disability who receives special
40-11 education services may be made only by a duly constituted
40-12 admission, review, and dismissal committee. A student with a
40-13 disability who receives special education services may not be
40-14 placed in alternative education programs solely for educational
40-15 purposes if the student does not also meet the criteria for
40-16 alternative placement in Section 37.006(a) or 37.007(a).]
40-17 [Sec. 37.005. SUSPENSION. (a) The principal or other
40-18 appropriate administrator may suspend a student who engages in
40-19 conduct for which the student may be placed in an alternative
40-20 education program under this subchapter.]
40-21 [(b) A suspension under this section may not exceed three
40-22 school days.]
40-23 [Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
40-24 provided by Section 37.007(a)(3), a student shall be removed from
40-25 class and placed in an alternative education program as provided by
40-26 Section 37.008 if the student engages in conduct punishable as a
40-27 felony, or commits the following on school property or while
41-1 attending a school-sponsored or school-related activity on or off
41-2 of school property:]
41-3 [(1) engages in conduct that contains the elements of
41-4 the offense of assault under Section 22.01(a)(1), Penal Code, or
41-5 terroristic threat under Section 22.07, Penal Code;]
41-6 [(2) sells, gives, or delivers to another person or
41-7 possesses or uses or is under the influence of:]
41-8 [(A) marihuana or a controlled substance, as
41-9 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
41-10 Section 801 et seq.; or]
41-11 [(B) a dangerous drug, as defined by Chapter
41-12 483, Health and Safety Code;]
41-13 [(3) sells, gives, or delivers to another person an
41-14 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
41-15 Code, commits a serious act or offense while under the influence of
41-16 alcohol, or possesses, uses, or is under the influence of an
41-17 alcoholic beverage;]
41-18 [(4) engages in conduct that contains the elements of
41-19 an offense relating to abusable glue or aerosol paint under
41-20 Sections 485.031 through 485.035, Health and Safety Code, or
41-21 relating to volatile chemicals under Chapter 484, Health and Safety
41-22 Code; or]
41-23 [(5) engages in conduct that contains the elements of
41-24 the offense of public lewdness under Section 21.07, Penal Code, or
41-25 indecent exposure under Section 21.08, Penal Code.]
41-26 [(b) Except as provided by Section 37.007(c), a student
41-27 shall be removed from class and placed in an alternative education
42-1 program under Section 37.008 if the student engages in conduct that
42-2 contains the elements of the offense of retaliation under Section
42-3 36.06, Penal Code, against any school employee.]
42-4 [(c) The terms of a placement under this section must
42-5 prohibit the student from attending or participating in a
42-6 school-sponsored or school-related activity.]
42-7 [Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) A
42-8 student shall be expelled from a school if the student, on school
42-9 property or while attending a school-sponsored or school-related
42-10 activity on or off of school property:]
42-11 [(1) uses, exhibits, or possesses:]
42-12 [(A) a firearm as defined by Section 46.01(3),
42-13 Penal Code;]
42-14 [(B) an illegal knife as defined by Section
42-15 46.01(6), Penal Code, or by local policy;]
42-16 [(C) a club as defined by Section 46.01(1),
42-17 Penal Code; or]
42-18 [(D) a weapon listed as a prohibited weapon
42-19 under Section 46.05, Penal Code;]
42-20 [(2) engages in conduct that contains the elements of
42-21 the offense of:]
42-22 [(A) aggravated assault under Section 22.02,
42-23 Penal Code, sexual assault under Section 22.011, Penal Code, or
42-24 aggravated sexual assault under Section 22.021, Penal Code;]
42-25 [(B) arson under Section 28.02, Penal Code;]
42-26 [(C) murder under Section 19.02, Penal Code,
42-27 capital murder under Section 19.03, Penal Code, or criminal
43-1 attempt, under Section 15.01, Penal Code, to commit murder or
43-2 capital murder;]
43-3 [(D) indecency with a child under Section 21.11,
43-4 Penal Code; or]
43-5 [(E) aggravated kidnapping under Section 20.04,
43-6 Penal Code; or]
43-7 [(3) engages in conduct specified by Section
43-8 37.006(a)(2) or (3), if the conduct is punishable as a felony.]
43-9 [(b) A student may be expelled if the student, after being
43-10 placed in an alternative education program for disciplinary
43-11 reasons, continues to engage in serious or persistent misbehavior
43-12 that violates the district's student code of conduct.]
43-13 [(c) A student shall be expelled if the student engages in
43-14 conduct that contains the elements of any offense listed in
43-15 Subsection (a) against any employee in retaliation for or as a
43-16 result of the employee's employment with a school district.]
43-17 [(d) In accordance with federal law, a local educational
43-18 agency, including a school district, home-rule school district, or
43-19 open-enrollment charter school, shall expel a student who brings a
43-20 firearm, as defined by 18 U.S.C. Section 921, to school. The
43-21 student must be expelled from the student's regular campus for a
43-22 period of at least one year, except that:]
43-23 [(1) the superintendent or other chief administrative
43-24 officer of the school district or of the other local educational
43-25 agency, as defined by 20 U.S.C. Section 2891, may modify the length
43-26 of the expulsion in the case of an individual student; and]
43-27 [(2) the district or other local educational agency
44-1 may provide educational services to the expelled student in an
44-2 alternative education program as provided by Section 37.008.]
44-3 [(e) Each school district shall report to the agency the
44-4 number of students expelled under Subsection (d) each year, the
44-5 names of the schools from which the students are expelled, and the
44-6 types of weapons involved.]
44-7 [(f) A student who engages in conduct that contains the
44-8 elements of the offense of criminal mischief under Section 28.03,
44-9 Penal Code, may be expelled at the district's discretion if the
44-10 conduct is punishable as a felony under that section. The student
44-11 shall be referred to the authorized officer of the juvenile court
44-12 regardless of whether the student is expelled.]
44-13 [(g) A school district shall inform each teacher of the
44-14 conduct of a student who has engaged in any violation listed in
44-15 this section. A teacher shall keep the information received in
44-16 this subsection confidential. The State Board for Educator
44-17 Certification may revoke or suspend the certification of a teacher
44-18 who intentionally violates this subsection.]
44-19 [Sec. 37.008. ALTERNATIVE EDUCATION PROGRAMS. (a) Each
44-20 school district shall provide an alternative education program
44-21 that:]
44-22 [(1) is provided in a setting other than a student's
44-23 regular classroom;]
44-24 [(2) is located on or off of a regular school campus;]
44-25 [(3) provides for the students who are assigned to the
44-26 alternative education program to be separated from students who are
44-27 not assigned to the program;]
45-1 [(4) focuses on English language arts, mathematics,
45-2 science, history, and self-discipline;]
45-3 [(5) provides for students' educational and behavioral
45-4 needs; and]
45-5 [(6) provides supervision and counseling.]
45-6 [(b) An alternative education program may provide for a
45-7 student's transfer to:]
45-8 [(1) a different campus;]
45-9 [(2) a school-community guidance center; or]
45-10 [(3) a community-based alternative school.]
45-11 [(c) An off-campus alternative education program is not
45-12 subject to a requirement imposed by this title, other than a
45-13 limitation on liability, a reporting requirement, or a requirement
45-14 imposed by this chapter or by Chapter 39.]
45-15 [(d) A school district may provide an alternative education
45-16 program jointly with one or more other districts.]
45-17 [(e) Each school district shall cooperate with government
45-18 agencies and community organizations that provide services in the
45-19 district to students placed in an alternative education program.]
45-20 [(f) A student removed to an alternative education program
45-21 is counted in computing the average daily attendance of students in
45-22 the district for the student's time in actual attendance in the
45-23 program.]
45-24 [(g) A school district shall allocate to an alternative
45-25 education program the same expenditure per student attending the
45-26 alternative education program, including federal, state, and local
45-27 funds, that would be allocated to the student's school if the
46-1 student were attending the student's regularly assigned education
46-2 program, including a special education program.]
46-3 [(h) A school district may not place a student, other than a
46-4 student suspended as provided under Section 37.005 or expelled as
46-5 provided under Section 37.007, in an unsupervised setting as a
46-6 result of conduct for which a student may be placed in an
46-7 alternative education program.]
46-8 [(i) On request of a school district, a regional education
46-9 service center may provide to the district information on
46-10 developing an alternative education program that takes into
46-11 consideration the district's size, wealth, and existing facilities
46-12 in determining the program best suited to the district.]
46-13 [(j) If a student placed in an alternative education program
46-14 enrolls in another school district before the expiration of the
46-15 period of placement, the board of trustees of the district
46-16 requiring the placement shall provide to the district in which the
46-17 student enrolls, at the same time other records of the student are
46-18 provided, a copy of the placement order. The district in which the
46-19 student enrolls may continue the alternative education program
46-20 placement under the terms of the order or may allow the student to
46-21 attend regular classes without completing the period of placement.]
46-22 [(k) A program of educational and support services may be
46-23 provided to a student and the student's parents when the offense
46-24 involves drugs or alcohol as specified under Section 37.006 or
46-25 37.007.]
46-26 [Sec. 37.009. HEARING; REVIEW. (a) Not later than the
46-27 third class day after the day on which a student is removed from
47-1 class under Section 37.002(b) or (d), the school principal shall
47-2 schedule a hearing among the principal or the principal's designee,
47-3 a parent or guardian of the student, the teacher removing the
47-4 student from class, and the student. The student may not be
47-5 returned to the regular classroom pending the hearing. Following
47-6 the hearing, and whether or not each requested person is in
47-7 attendance after valid attempts to require the person's attendance,
47-8 the principal shall order the placement of the student as provided
47-9 by Section 37.002 for a period consistent with the student code of
47-10 conduct.]
47-11 [(b) If a student's placement in an alternative education
47-12 program is to extend beyond the end of the next grading period, a
47-13 student's parent or guardian is entitled to notice of and an
47-14 opportunity to participate in a proceeding before the board of
47-15 trustees of the school district or the board's designee, as
47-16 provided by policy of the board of trustees of the district. Any
47-17 decision of the board or the board's designee under this subsection
47-18 is final and may not be appealed.]
47-19 [(c) Before it may place a student in an alternative
47-20 education program for a period that extends beyond the end of the
47-21 school year, the board or the board's designee must determine that:]
47-22 [(1) the student's presence in the regular classroom
47-23 program or at the student's regular campus presents a danger of
47-24 physical harm to the student or to another individual; or]
47-25 [(2) the student has engaged in serious or persistent
47-26 misbehavior that violates the district's student code of conduct.]
47-27 [(d) The board or the board's designee shall set a term for
48-1 a student's placement in an alternative education program under
48-2 Section 37.002 or 37.006.]
48-3 [(e) A student placed in an alternative education program
48-4 under Section 37.002 or 37.006 shall be provided a review of the
48-5 student's status by the board's designee at intervals not to exceed
48-6 120 days. At the review, the student or the student's parent or
48-7 guardian must be given the opportunity to present arguments for the
48-8 student's return to the regular classroom or campus. The student
48-9 may not be returned to the classroom of the teacher who removed the
48-10 student without that teacher's consent. The teacher may not be
48-11 coerced to consent.]
48-12 [(f) Before a student may be expelled under Section 37.007,
48-13 the board or the board's designee must provide the student a
48-14 hearing at which the student is afforded appropriate due process as
48-15 required by the federal constitution and which the student's parent
48-16 or guardian is invited, in writing, to attend. At the hearing, the
48-17 student must be represented by the student's parent or guardian or
48-18 another adult who can provide guidance to the student and who is
48-19 not an employee of the school district. If the decision to expel a
48-20 student is made by the board's designee, the decision may be
48-21 appealed to the board. The decision of the board may be appealed
48-22 by trial de novo to a district court of the county in which the
48-23 school district's central administrative office is located.]
48-24 [(g) The board or the board's designee shall deliver to the
48-25 student and the student's parent or guardian a copy of the order
48-26 placing the student in an alternative education program under
48-27 Section 37.002 or 37.006 or expelling the student under Section
49-1 37.007.]
49-2 [(h) After a school district notifies the parents or
49-3 guardians of a student that the student has been expelled, the
49-4 parent or guardian shall provide adequate supervision of the
49-5 student during the period of expulsion.]
49-6 [Sec. 37.010. COURT INVOLVEMENT. (a) Not later than the
49-7 second business day after the date a hearing is held under Section
49-8 37.009, the board of trustees of a school district or the board's
49-9 designee shall deliver a copy of the order placing a student in an
49-10 alternative education program under Section 37.006 or expelling a
49-11 student under Section 37.007 and any information required under
49-12 Section 52.04, Family Code, to the authorized officer of the
49-13 juvenile court in the county in which the student resides. Except
49-14 as provided by Subsection (b), the officer may determine whether:]
49-15 [(1) a petition should be filed alleging that the
49-16 student is in need of supervision or has engaged in delinquent
49-17 conduct; or]
49-18 [(2) the student should be referred to an appropriate
49-19 state agency.]
49-20 [(b) If a student is expelled under Section 37.007(b), the
49-21 board or its designee shall refer the student to the authorized
49-22 officer of the juvenile court for appropriate proceedings under
49-23 Title 3, Family Code.]
49-24 [(c) Unless the juvenile board for the county in which the
49-25 district's central administrative office is located has entered
49-26 into a memorandum of understanding with the district's board of
49-27 trustees concerning the juvenile probation department's role in
50-1 supervising and providing other support services for students in
50-2 alternative education programs, a court may not order a student
50-3 expelled under Section 37.007 to attend a regular classroom, a
50-4 regular campus, or a school district alternative education program
50-5 as a condition of probation.]
50-6 [(d) Unless the juvenile board for the county in which the
50-7 district's central administrative office is located has entered
50-8 into a memorandum of understanding as described by Subsection (c),
50-9 if a court orders a student to attend an alternative education
50-10 program as a condition of probation once during a school year and
50-11 the student is referred to juvenile court again during that school
50-12 year, the juvenile court may not order the student to attend an
50-13 alternative education program in a district without the district's
50-14 consent until the student has successfully completed any sentencing
50-15 requirements the court imposes.]
50-16 [(e) Any placement in an alternative education program by a
50-17 court under this section must prohibit the student from attending
50-18 or participating in school-sponsored or school-related activities.]
50-19 [(f) If a student is expelled under Section 37.007, on the
50-20 recommendation of the committee established under Section 37.003 or
50-21 on its own initiative, a district may readmit the student while the
50-22 student is completing any court disposition requirements the court
50-23 imposes. After the student has successfully completed any court
50-24 disposition requirements the court imposes, if the student meets
50-25 the requirements for admission into the public schools established
50-26 by this title, a district may not refuse to admit the student, but
50-27 the district may place the student in the alternative education
51-1 program. Notwithstanding Section 37.002(d), the student may not be
51-2 returned to the classroom of the teacher under whose supervision
51-3 the offense occurred without that teacher's consent. The teacher
51-4 may not be coerced to consent.]
51-5 [(g) If an expelled student enrolls in another school
51-6 district, the board of trustees of the district that expelled the
51-7 student shall provide to the district in which the student enrolls,
51-8 at the same time other records of the student are provided, a copy
51-9 of the expulsion order and the referral to the authorized officer
51-10 of the juvenile court.]
51-11 [(h) A person is not liable in civil damages for a referral
51-12 to juvenile court as required by this section.]
51-13 [Sec. 37.011. JUVENILE JUSTICE ALTERNATIVE EDUCATION
51-14 PROGRAM. (a) The juvenile board of a county with a population
51-15 greater than 125,000 shall develop a juvenile justice alternative
51-16 education program, subject to the approval of the Texas Juvenile
51-17 Probation Commission. The juvenile board of a county with a
51-18 population of 125,000 or less may develop a juvenile justice
51-19 alternative education program. A juvenile justice alternative
51-20 education program in a county with a population of 125,000 or less:]
51-21 [(1) is not required to be approved by the Texas
51-22 Juvenile Probation Commission; and]
51-23 [(2) is not subject to Subsection (c), (d), (f), or
51-24 (g).]
51-25 [(b) If a student is found to have engaged in conduct
51-26 described by Section 37.007 and the student is found by a juvenile
51-27 court to have engaged in delinquent conduct under Title 3, Family
52-1 Code, the juvenile court shall:]
52-2 [(1) require the juvenile justice alternative
52-3 education program in the county in which the conduct occurred to
52-4 provide educational services to the student; and]
52-5 [(2) order the student to attend the program from the
52-6 date of adjudication.]
52-7 [(c) A juvenile justice alternative education program shall
52-8 adopt a student code of conduct in accordance with Section 37.001.]
52-9 [(d) A juvenile justice alternative education program must
52-10 focus on English language arts, mathematics, science, history, and
52-11 self-discipline. Each program shall administer assessment
52-12 instruments under Subchapter B, Chapter 39, and shall offer a high
52-13 school equivalency program.]
52-14 [(e) A juvenile justice alternative education program may be
52-15 provided in a facility owned by a school district. A school
52-16 district may provide personnel and services for a juvenile justice
52-17 alternative education program under a contract with the juvenile
52-18 board.]
52-19 [(f) A juvenile justice alternative education program must
52-20 operate at least:]
52-21 [(1) seven hours per day; and]
52-22 [(2) 180 days per year.]
52-23 [(g) A juvenile justice alternative education program shall
52-24 be subject to a written operating policy developed by the local
52-25 juvenile justice board and submitted to the Texas Juvenile
52-26 Probation Commission for review and comment. A juvenile justice
52-27 alternative education program is not subject to a requirement
53-1 imposed by this title, other than a reporting requirement or a
53-2 requirement imposed by this chapter or by Chapter 39.]
53-3 [(h) For purposes of accountability under Chapter 39 and the
53-4 Foundation School Program, a student enrolled in a juvenile justice
53-5 alternative education program is reported as if the student were
53-6 enrolled at the student's assigned campus in the student's
53-7 regularly assigned education program, including a special education
53-8 program.]
53-9 [(i) A student transferred to a juvenile justice alternative
53-10 education program must participate in the program for the full
53-11 period ordered by the juvenile court unless the student's school
53-12 district agrees to accept the student before the date ordered by
53-13 the juvenile court. The juvenile court may not order a period of
53-14 transfer under this section that exceeds the term of any probation
53-15 ordered by the juvenile court.]
53-16 [(j) A juvenile board in a county with a population greater
53-17 than 125,000 shall establish a juvenile justice alternative
53-18 education program not later than September 1, 1996. A student who
53-19 engages in conduct described by Section 37.007 before the date on
53-20 which a juvenile justice alternative education program for the
53-21 county in which the student resides begins operation shall be
53-22 expelled for a period not to exceed one year. This subsection
53-23 expires September 1, 1997.]
53-24 [Sec. 37.012. FUNDING OF JUVENILE JUSTICE ALTERNATIVE
53-25 EDUCATION PROGRAMS. (a) The school district in which a student is
53-26 enrolled on the date a juvenile court orders the student to attend
53-27 a juvenile justice alternative education program shall transfer to
54-1 the juvenile board in charge of the juvenile justice alternative
54-2 education program for the portion of the school year for which the
54-3 juvenile justice alternative education program provides educational
54-4 services funds equal to the district's average per student
54-5 expenditure in alternative education programs under Section 37.008.]
54-6 [(b) Funds received under this section must be expended on
54-7 juvenile justice alternative education programs.]
54-8 [(c) The Office of State-Federal Relations shall assist a
54-9 local juvenile probation department in identifying additional state
54-10 or federal funds to assist local juvenile probation departments
54-11 conducting educational or job training programs within juvenile
54-12 justice alternative education programs.]
54-13 [Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
54-14 JUVENILE BOARDS. The board of trustees of the school district or
54-15 the board's designee shall at the call of the president of the
54-16 board of trustees regularly meet with the juvenile board for the
54-17 county in which the district's central administrative office is
54-18 located or the juvenile board's designee concerning supervision and
54-19 rehabilitative services appropriate for expelled students and
54-20 students assigned to alternative education programs. Matters for
54-21 discussion shall include service by probation officers at the
54-22 alternative education program site, recruitment of volunteers to
54-23 serve as mentors and provide tutoring services, and coordination
54-24 with other social service agencies.]
54-25 [Sec. 37.014. COURT-RELATED CHILDREN--LIAISON OFFICERS.
54-26 Each school district shall appoint at least one educator to act as
54-27 liaison officer for court-related children who are enrolled in the
55-1 district. The liaison officer shall provide counselling and
55-2 services for each court-related child and the child's parents to
55-3 establish or reestablish normal attendance and progress of the
55-4 child in the school.]
55-5 [Sec. 37.015. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY.
55-6 (a) The principal of a public or private primary or secondary
55-7 school, or a person designated by the principal under Subsection
55-8 (d), shall notify any school district police department and the
55-9 police department of the municipality in which the school is
55-10 located or, if the school is not in a municipality, the sheriff of
55-11 the county in which the school is located if the principal has
55-12 reasonable grounds to believe that any of the following activities
55-13 occur in school, on school property, or at a school-sponsored or
55-14 school-related activity on or off school property, whether or not
55-15 the activity is investigated by school security officers:]
55-16 [(1) conduct that may constitute an offense listed
55-17 under Section 8(c), Article 42.18, Code of Criminal Procedure;]
55-18 [(2) deadly conduct under Section 22.05, Penal Code;]
55-19 [(3) a terroristic threat under Section 22.07, Penal
55-20 Code;]
55-21 [(4) the use, sale, or possession of a controlled
55-22 substance, drug paraphernalia, or marihuana under Chapter 481,
55-23 Health and Safety Code;]
55-24 [(5) the possession of any of the weapons or devices
55-25 listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
55-26 Code; or]
55-27 [(6) conduct that may constitute a criminal offense
56-1 under Section 71.02, Penal Code.]
56-2 [(b) A person who makes a notification under this section
56-3 shall include the name and address of each student the person
56-4 believes may have participated in the activity.]
56-5 [(c) A notification is not required under Subsection (a) if
56-6 the person reasonably believes that the activity does not
56-7 constitute a criminal offense.]
56-8 [(d) The principal of a public or private primary or
56-9 secondary school may designate a school employee who is under the
56-10 supervision of the principal to make the reports required by this
56-11 section.]
56-12 [(e) The person who makes the notification required under
56-13 Subsection (a) shall also notify each instructional or support
56-14 employee of the school who has regular contact with a student whose
56-15 conduct is the subject of the notice.]
56-16 [(f) A person is not liable in civil damages for reporting
56-17 in good faith as required by this section.]
56-18 [Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A
56-19 teacher, school administrator, or school employee is not liable in
56-20 civil damages for reporting to a school administrator or
56-21 governmental authority, in the exercise of professional judgment
56-22 within the scope of the teacher's, administrator's, or employee's
56-23 duties, a student whom the teacher suspects of using, passing, or
56-24 selling, on school property:]
56-25 [(1) marihuana or a controlled substance, as defined
56-26 by Chapter 481, Health and Safety Code;]
56-27 [(2) a dangerous drug, as defined by Chapter 483,
57-1 Health and Safety Code;]
57-2 [(3) an abusable glue or aerosol paint, as defined by
57-3 Chapter 485, Health and Safety Code, or a volatile chemical, as
57-4 listed in Chapter 484, Health and Safety Code, if the substance is
57-5 used or sold for the purpose of inhaling its fumes or vapors; or]
57-6 [(4) an alcoholic beverage, as defined by Section
57-7 1.04, Alcoholic Beverage Code.]
57-8 [Sec. 37.017. DESTRUCTION OF CERTAIN RECORDS. Information
57-9 received by a school district under Article 15.27, Code of Criminal
57-10 Procedure, may not be attached to the permanent academic file of
57-11 the student who is the subject of the report. The school district
57-12 shall destroy the information at the end of the school year in
57-13 which the report was filed.]
57-14 [Sec. 37.018. INFORMATION FOR EDUCATORS. Each school
57-15 district shall provide each teacher and administrator with a copy
57-16 of this subchapter and with a copy of the local policy relating to
57-17 this subchapter.]
57-18 [Sec. 37.019. EMERGENCY PLACEMENT OR EXPULSION. (a) This
57-19 subchapter does not prevent the principal or the principal's
57-20 designee from ordering the immediate placement of a student in the
57-21 alternative program if the principal or the principal's designee
57-22 reasonably believes the student's behavior is so unruly,
57-23 disruptive, or abusive that it seriously interferes with a
57-24 teacher's ability to communicate effectively with the students in a
57-25 class, with the ability of the student's classmates to learn, or
57-26 with the operation of school or a school-sponsored activity.]
57-27 [(b) This subchapter does not prevent the principal or the
58-1 principal's designee from ordering the immediate expulsion of a
58-2 student if the principal or the principal's designee reasonably
58-3 believes that action is necessary to protect persons or property
58-4 from imminent harm.]
58-5 [(c) At the time of an emergency placement or expulsion, the
58-6 student shall be given oral notice of the reason for the action.
58-7 Within a reasonable time after the emergency placement or
58-8 expulsion, the student shall be accorded the appropriate due
58-9 process as required under Section 37.009. If the student subject
58-10 to the emergency placement or expulsion is a student with
58-11 disabilities who receives special education services, the term of
58-12 the student's emergency placement or expulsion is subject to the
58-13 requirements of 20 U.S.C. Section 1415(e)(3) and 34 CFR 300.513.]
58-14 [(d) A principal or principal's designee is not liable in
58-15 civil damages for an emergency placement under this section.]
58-16 SECTION 2. Section 25.001(d), Education Code, is amended to
58-17 read as follows:
58-18 (d) For a person under the age of 18 years to establish a
58-19 residence for the purpose of attending the public schools separate
58-20 and apart from the person's parent, guardian, or other person
58-21 having lawful control of the person under a court order, it must be
58-22 established that the person's presence in the school district is
58-23 not for the primary purpose of participation in extracurricular
58-24 activities. The board of trustees shall determine whether an
58-25 applicant for admission is a resident of the school district for
58-26 purposes of attending the public schools and may adopt reasonable
58-27 guidelines for making a determination as necessary to protect the
59-1 best interests of students. The board of trustees is not required
59-2 to admit a person under this subsection if the person:
59-3 (1) has engaged in conduct or misbehavior within the
59-4 preceding year that has resulted in:
59-5 (A) placement into [removal to] an alternative
59-6 education setting [program]; or
59-7 (B) expulsion;
59-8 (2) has engaged in delinquent conduct or conduct in
59-9 need of supervision and is on probation or other conditional
59-10 release for that conduct; or
59-11 (3) has been convicted of a criminal offense and is on
59-12 probation or other conditional release.
59-13 SECTION 3. Section 25.086(a), Education Code, is amended to
59-14 read as follows:
59-15 (a) A child is exempt from the requirements of compulsory
59-16 school attendance if the child:
59-17 (1) attends a private or parochial school that
59-18 includes in its course a study of good citizenship;
59-19 (2) is eligible to participate in a school district's
59-20 special education program under Section 29.003 and cannot be
59-21 appropriately served by the resident district;
59-22 (3) has a physical or mental condition of a temporary
59-23 and remediable nature that makes the child's attendance infeasible
59-24 and holds a certificate from a qualified physician specifying the
59-25 temporary condition, indicating the treatment prescribed to remedy
59-26 the temporary condition, and covering the anticipated period of the
59-27 child's absence from school for the purpose of receiving and
60-1 recuperating from that remedial treatment;
60-2 (4) is expelled in accordance with the requirements of
60-3 law and is attending an educational program or setting under
60-4 Chapter 37;
60-5 (5) is at least 17 years of age and:
60-6 (A) is attending a course of instruction to
60-7 prepare for the high school equivalency examination; or
60-8 (B) has received a high school diploma or high
60-9 school equivalency certificate;
60-10 (6) is at least 16 years of age and is attending a
60-11 course of instruction to prepare for the high school equivalency
60-12 examination, if the child is recommended to take the course of
60-13 instruction by a public agency that has supervision or custody of
60-14 the child under a court order;
60-15 (7) is enrolled in the Texas Academy of Mathematics
60-16 and Science;
60-17 (8) is enrolled in the Texas Academy of Leadership in
60-18 the Humanities; or
60-19 (9) is specifically exempted under another law.
60-20 SECTION 4. Section 37.121(b), Education Code, is amended to
60-21 read as follows:
60-22 (b) A school district board of trustees or an educator shall
60-23 recommend placing in an alternative education setting [program] any
60-24 student under the person's control who violates Subsection (a).
60-25 SECTION 5. Section 39.053(d), Education Code, is amended to
60-26 read as follows:
60-27 (d) The report may include the following information:
61-1 (1) student information, including total enrollment,
61-2 enrollment by ethnicity, economic status, and grade groupings and
61-3 retention rates;
61-4 (2) financial information, including revenues and
61-5 expenditures;
61-6 (3) staff information, including number and type of
61-7 staff by sex, ethnicity, years of experience, and highest degree
61-8 held, teacher and administrator salaries, and teacher turnover;
61-9 (4) program information, including student enrollment
61-10 by program, teachers by program, and instructional operating
61-11 expenditures by program; and
61-12 (5) the number of students placed in an alternative
61-13 education setting [program] under Chapter 37.
61-14 SECTION 6. Section 39.075(a), Education Code, is amended to
61-15 read as follows:
61-16 (a) The commissioner shall authorize special accreditation
61-17 investigations to be conducted under the following circumstances:
61-18 (1) when excessive numbers of absences of students
61-19 eligible to be tested on state assessment instruments are
61-20 determined;
61-21 (2) when excessive numbers of allowable exemptions
61-22 from the required state assessment are determined;
61-23 (3) in response to complaints submitted to the agency
61-24 with respect to alleged violations of civil rights or other
61-25 requirements imposed on the state by federal law or court order;
61-26 (4) in response to established compliance reviews of
61-27 the district's financial accounting practices and state and federal
62-1 program requirements;
62-2 (5) when extraordinary numbers of student placements
62-3 in alternative education settings [programs], other than placements
62-4 under Sections 37.007, 37.009, and 37.010 [37.006 and 37.007], are
62-5 determined; or
62-6 (6) in response to an allegation involving a conflict
62-7 between members of the board of trustees or between the board and
62-8 the district administration if it appears that the conflict
62-9 involves a violation of a role or duty of the board members or the
62-10 administration clearly defined by this code.
62-11 SECTION 7. Section 51.03(b), Family Code, is amended to read
62-12 as follows:
62-13 (b) Conduct indicating a need for supervision is:
62-14 (1) subject to Subsection (f) of this section,
62-15 conduct, other than a traffic offense, that violates:
62-16 (A) the penal laws of this state of the grade of
62-17 misdemeanor that are punishable by fine only; or
62-18 (B) the penal ordinances of any political
62-19 subdivision of this state;
62-20 (2) the unexcused voluntary absence of a child on 10
62-21 or more days or parts of days within a six-month period or three or
62-22 more days or parts of days within a four-week period from school
62-23 without the consent of his parents;
62-24 (3) the voluntary absence of a child from his home
62-25 without the consent of his parent or guardian for a substantial
62-26 length of time or without intent to return;
62-27 (4) conduct which violates the laws of this state
63-1 prohibiting driving while intoxicated or under the influence of
63-2 intoxicating liquor (first or second offense) or driving while
63-3 under the influence of any narcotic drug or of any other drug to a
63-4 degree which renders him incapable of safely driving a vehicle
63-5 (first or second offense);
63-6 (5) conduct prohibited by city ordinance or by state
63-7 law involving the inhalation of the fumes or vapors of paint and
63-8 other protective coatings or glue and other adhesives and the
63-9 volatile chemicals itemized in Section 484.002, Health and Safety
63-10 Code;
63-11 (6) an act that violates a school district's
63-12 previously communicated written standards of student conduct for
63-13 which the child has been expelled under Section 37.009 [21.3011],
63-14 Education Code; or
63-15 (7) conduct that violates a reasonable and lawful
63-16 order of a court entered under Section 264.305.
63-17 SECTION 8. Section 52.041, Family Code, is amended by adding
63-18 Subsections (c)-(e) to read as follows:
63-19 (c) On receipt of an expulsion notice under this section by
63-20 the office or official designated by the juvenile court, a
63-21 preliminary investigation shall be conducted and a determination
63-22 shall be made as required by Section 53.01 as soon as practicable.
63-23 (d) The office or official designated by the juvenile court
63-24 shall, on or before the second working day after the date of an
63-25 action or occurrence specified under this subsection, notify the
63-26 school district that expelled the child if:
63-27 (1) a determination is made under Section 53.01 that
64-1 the person referred to juvenile court is not a child within the
64-2 meaning of this title;
64-3 (2) a determination is made that probable cause does
64-4 not exist to believe that the child engaged in delinquent conduct
64-5 or conduct indicating a need for supervision;
64-6 (3) a determination is made that deferred prosecution
64-7 or formal court proceeding involving the child will not be
64-8 initiated;
64-9 (4) the court or a jury has found that the child did
64-10 not engage in delinquent conduct or conduct indicating a need for
64-11 supervision and the case has been dismissed with prejudice;
64-12 (5) the child has been adjudicated but a disposition
64-13 was not and will not be ordered by the court; or
64-14 (6) the child's juvenile court case is pending a
64-15 disposition but the child has not been ordered to attend a juvenile
64-16 justice alternative education setting as a condition of release
64-17 under Section 53.02 or 54.01.
64-18 (e) In a county in which a juvenile justice alternative
64-19 education setting is operated, a student may not be expelled
64-20 without written notification by the board of trustees of the school
64-21 district from which the student is expelled or the board's
64-22 designated agent to the office or official designated by the
64-23 juvenile court. The notification shall be made on or before the
64-24 second working day after the date of the determination of the board
64-25 of trustees to expel the student. If the board of trustees fails
64-26 to provide timely notice, the district shall continue to provide an
64-27 educational program to the student until the notice is given.
65-1 SECTION 9. Section 53.02, Family Code, is amended by adding
65-2 Subsection (e) to read as follows:
65-3 (e) In a county with a population greater than 125,000, if a
65-4 child being released under this section is alleged to have engaged
65-5 in delinquent conduct and is expelled under Section 37.010,
65-6 Education Code, the release must be conditioned on the child
65-7 attending a juvenile justice alternative education setting under
65-8 Section 37.012, Education Code, pending a deferred prosecution or
65-9 formal court disposition of the child's case.
65-10 SECTION 10. Section 54.01(f), Family Code, is amended to
65-11 read as follows:
65-12 (f) A release may be conditioned on requirements reasonably
65-13 necessary to insure the child's appearance at later proceedings,
65-14 but the conditions of the release must be in writing and a copy
65-15 furnished to the child. In a county with a population greater than
65-16 125,000, if a child being released under this section is alleged to
65-17 have engaged in delinquent conduct and is expelled under Section
65-18 37.010, Education Code, the release must be conditioned on the
65-19 child attending a juvenile justice alternative education setting
65-20 under Section 37.012, Education Code, pending a deferred
65-21 prosecution or formal court disposition of the child's case.
65-22 SECTION 11. This Act applies beginning with the 1997-1998
65-23 school year.
65-24 SECTION 12. The importance of this legislation and the
65-25 crowded condition of the calendars in both houses create an
65-26 emergency and an imperative public necessity that the
65-27 constitutional rule requiring bills to be read on three several
66-1 days in each house be suspended, and this rule is hereby suspended,
66-2 and that this Act take effect and be in force from and after its
66-3 passage, and it is so enacted.