By Nelson S.B. No. 410
75R2057 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain students expelled from public school or ordered
1-3 to attend a juvenile justice alternative education program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.010(g), Education Code, is amended to
1-6 read as follows:
1-7 (g) If an expelled student enrolls in another school
1-8 district, the board of trustees of the district that expelled the
1-9 student shall provide to the district in which the student enrolls,
1-10 at the same time other records of the student are provided, a copy
1-11 of the expulsion order and the referral to the authorized officer
1-12 of the juvenile court. The district in which the student enrolls
1-13 may continue the expulsion under the terms of the order, may place
1-14 the student in an alternative education program for the period
1-15 specified by the expulsion order, or may allow the student to
1-16 attend regular classes without completing the period of expulsion.
1-17 SECTION 2. Section 37.011, Education Code, is amended by
1-18 amending Subsection (h) and adding Subsection (k) to read as
1-19 follows:
1-20 (h) For purposes of accountability under Chapter 39 and the
1-21 Foundation School Program, a student enrolled in a juvenile justice
1-22 alternative education program is reported as if the student were
1-23 enrolled at the student's assigned campus in the student's
1-24 regularly assigned education program, including a special education
2-1 program. If the student is reassigned from one juvenile justice
2-2 alternative education program to another under Subsection (k), the
2-3 student is reported as if the student were enrolled in the school
2-4 district in which the student is entitled to attend school at the
2-5 campus to which the student is eligible to be assigned after
2-6 completion of the juvenile justice alternative education program.
2-7 (k) If a student who is ordered to attend a juvenile justice
2-8 alternative education program moves with the student's family from
2-9 one county to another, the juvenile court may require the juvenile
2-10 justice alternative education program in the county to which the
2-11 student moves to provide educational services to the student.
2-12 SECTION 3. Section 37.012(a), Education Code, is amended to
2-13 read as follows:
2-14 (a) Except as otherwise provided by this subsection, the
2-15 [The] school district in which a student is enrolled on the date a
2-16 juvenile court orders the student to attend a juvenile justice
2-17 alternative education program shall transfer to the juvenile board
2-18 in charge of the juvenile justice alternative education program for
2-19 the portion of the school year for which the juvenile justice
2-20 alternative education program provides educational services funds
2-21 equal to the district's average per student expenditure in
2-22 alternative education programs under Section 37.008. If a student
2-23 is reassigned from one juvenile justice alternative education
2-24 program to another under Section 37.011(k), the school district in
2-25 which the student is entitled to attend school under Section 25.001
2-26 shall assume from the district in which the student was formerly
2-27 enrolled responsibility for transferring funds in the manner
3-1 provided by this subsection.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.