By Bivins                                        S.B. No. 136

      75R2545 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to placement of a student who is expelled from public

 1-3     school in a juvenile justice alternative education program.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 37.011(b), Education Code, is amended to

 1-6     read as follows:

 1-7           (b)  If a student is expelled from school under [found to

 1-8     have engaged in conduct described by] Section 37.007 [and the

 1-9     student is found by a juvenile court to have engaged in delinquent

1-10     conduct under Title 3, Family Code], the juvenile court shall:

1-11                 (1)  require the juvenile justice alternative education

1-12     program in the county in which the conduct occurred to provide

1-13     educational services to the student; and

1-14                 (2)  order the student to attend the program from the

1-15     date of adjudication.

1-16           SECTION 2.  Section 54.03(g), Family Code, is amended to read

1-17     as follows:

1-18           (g)  Except as provided by Section 37.011(b), Education Code,

1-19     if [If] the court or jury finds that the child did not engage in

1-20     delinquent conduct or conduct indicating a need for supervision,

1-21     the court shall dismiss the case with prejudice.

1-22           SECTION 3.  The changes in law made by this Act apply

1-23     beginning with the 1997-1998 school year.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended,

 2-5     and that this Act take effect and be in force from and after its

 2-6     passage, and it is so enacted.