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.