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.