By Tillery                                             H.B. No. 505
         76R3021 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to appeal procedures concerning certain public school
 1-3     disciplinary matters.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 37.003, Education Code, is amended by
 1-6     amending Subsection (a) and adding Subsections (c) and (d) to read
 1-7     as follows:
 1-8           (a)  Each school shall establish a [three-member] committee
 1-9     to determine placement of a student when a teacher refuses the
1-10     return of a student  to the teacher's class, hear appeals under
1-11     Section 37.009, and make recommendations to the district regarding
1-12     readmission of expelled students.  Members shall be appointed as
1-13     follows:
1-14                 (1)  the campus faculty shall choose two teachers to
1-15     serve as members and one teacher to serve as an alternate member;
1-16     and
1-17                 (2)  the principal shall choose:
1-18                       (A)  one member from the professional staff of a
1-19     campus; and
1-20                       (B)  two additional members, each of whom is the
1-21     parent of a student enrolled in the school, and one parent to serve
1-22     as an alternate member.
1-23           (c)  Each member of the committee must have at least three
1-24     hours of dispute resolution training from a regional education
 2-1     service center in  accordance with school policy.
 2-2           (d)  In this section, "parent" includes a guardian.
 2-3           SECTION 2.  Section 37.009, Education Code, is amended to
 2-4     read as follows:
 2-5           Sec. 37.009.  CONFERENCE; HEARING; REVIEW.       (a)  Not
 2-6     later than the third class day after the day on which a student is
 2-7     removed from class by the teacher under Section 37.002(b) or (d) or
 2-8     by the school principal or other appropriate administrator under
 2-9     Section 37.006, the principal or other appropriate administrator
2-10     shall schedule an informal [a] conference among the principal or
2-11     other appropriate administrator, a parent or guardian of the
2-12     student, the teacher removing the student from class, if any, and
2-13     the student.  At the conference, the student is entitled to written
2-14     or oral notice of the reasons for the removal, an explanation of
2-15     the basis for the removal, and an opportunity to respond to the
2-16     reasons for the removal.  The student may not be returned to the
2-17     regular classroom pending the conference.  Following the
2-18     conference, and whether or not each requested person is in
2-19     attendance after valid attempts to require the person's attendance,
2-20     the principal shall order the placement of the student as provided
2-21     by Section 37.002 or 37.006, as applicable, for a period consistent
2-22     with the student code of conduct.
2-23           (b)  The student's parent or guardian is entitled to notice
2-24     of an opportunity to appeal the principal's decision under
2-25     Subsection (a)  to the placement review committee established under
2-26     Section 37.003.  The parent or guardian must file the appeal in the
2-27     manner required by school policy.  In response to an appeal, the
 3-1     placement review committee shall hold a formal hearing not later
 3-2     than the third class day after the day of the conference under
 3-3     Subsection (a).  The parent or guardian of the student, the teacher
 3-4     removing the student from class, if any, the student, and each
 3-5     witness to the student's behavior or the incident, if any, are
 3-6     entitled to address the placement review committee.  The student
 3-7     may not be returned to the regular classroom pending the hearing.
 3-8     The  placement review committee shall give the parent or guardian
 3-9     an oral and written statement of the committee's decision regarding
3-10     the student's placement.  The decision of the committee is final
3-11     and may not be appealed unless the committee places the student in
3-12     an alternative education program for a period longer than 30 days.
3-13           (c)  If a student's placement in an alternative education
3-14     program under Subsection (b) is to be for a period longer than 30
3-15     days [extend beyond the end of the next grading period], the [a]
3-16     student's parent or guardian is entitled to notice of [and] an
3-17     opportunity to participate in a proceeding before the board of
3-18     trustees of the school district or the board's designee, as
3-19     provided by policy of the board of trustees of the district.  The
3-20     parent or guardian must file the appeal in the manner required by
3-21     board policy.  The board or the board's designee shall hold the
3-22     proceeding not later than the fifth class day after the day the
3-23     parent or guardian requests the proceeding.  The board or the
3-24     board's designee shall give the parent or guardian an oral and
3-25     written statement of the board's or designee's decision regarding
3-26     the student's placement.  Any decision of the board or the board's
3-27     designee under this subsection is final and may not be appealed
 4-1     unless the board or the board's designee places the student in an
 4-2     alternative education program for a period longer than 90 days.
 4-3           (d)  If a student's placement in an alternative education
 4-4     program under Subsection (c) is to be for a period longer than 90
 4-5     days, the student's parent or guardian is entitled to notice of an
 4-6     opportunity to participate in a proceeding before the commissioner.
 4-7     The commissioner shall adopt an appeals procedure for purposes of
 4-8     this subsection.  The parent or guardian must request the appeal in
 4-9     writing not later that the 10th day after the day of the board's or
4-10     designee's decision.  The commissioner shall respond to the appeal
4-11     in writing not later than the 30th day after the day of the
4-12     proceeding.  The commissioner's decision regarding the student's
4-13     placement is final and may not be appealed.
4-14           (e) [(c)]  Before [it may place] a student may be placed in
4-15     an alternative education program for a period that extends beyond
4-16     the end of the school year, it must be determined [the board or the
4-17     board's designee must determine] that:
4-18                 (1)  the student's presence in the regular classroom
4-19     program or at the student's regular campus presents a danger of
4-20     physical harm to the student or to another individual; or
4-21                 (2)  the student has engaged in serious or persistent
4-22     misbehavior that violates the district's student code of conduct.
4-23           (f) [(d)]  The official or body hearing an appeal under
4-24     Subsection (b), (c), or (d) [board or the board's designee] shall
4-25     set a term  for a student's placement in an alternative education
4-26     program under Section 37.002 or 37.006.
4-27           (g) [(e)]  A student placed in an alternative education
 5-1     program under Section 37.002 or 37.006 shall be provided a review
 5-2     of the student's status, including a review of the student's
 5-3     academic status, by the board's designee at intervals not to exceed
 5-4     120 days.  In the case of a high school student, the board's
 5-5     designee, with the student's parent or guardian, shall review the
 5-6     student's progress towards meeting high school graduation
 5-7     requirements and shall establish a specific graduation plan for the
 5-8     student.  The district is not required under this subsection to
 5-9     provide in the district's alternative education program a course
5-10     not specified under Section 37.008(a).  At the review, the student
5-11     or the student's parent or guardian must be given the opportunity
5-12     to present arguments for the student's return to the regular
5-13     classroom or campus.  The student may not be returned to the
5-14     classroom of the teacher who removed the student without that
5-15     teacher's consent.  The teacher may not be coerced to consent.
5-16           (h) [(f)]  Before a student may be expelled under Section
5-17     37.007, the board or the board's designee must provide the student
5-18     a hearing at which the student is afforded appropriate due process
5-19     as required by the federal constitution and which the student's
5-20     parent or guardian is invited, in writing, to attend.  At the
5-21     hearing, the student is entitled to be represented by the student's
5-22     parent or guardian or another adult who can provide guidance to the
5-23     student and who is not an employee of the school district.  If the
5-24     school district makes a good-faith effort to inform the student and
5-25     the student's parent or guardian of the time and place of the
5-26     hearing, the district may hold the hearing regardless of whether
5-27     the student, the student's parent or guardian, or another adult
 6-1     representing the student attends.  If the decision to expel a
 6-2     student is made by the board's designee, the decision may be
 6-3     appealed to the board.  The decision of the board may be appealed
 6-4     by trial de novo to a district court of the county in which the
 6-5     school district's central administrative office is located.
 6-6           (i) [(g)]  The board or the board's designee shall deliver to
 6-7     the student and the student's parent or guardian a copy of the
 6-8     order [placing the student in an alternative education program
 6-9     under Section 37.002 or 37.006 or] expelling the student under
6-10     Section 37.007.
6-11           (j) [(h)]  After a school district notifies the parents or
6-12     guardians of a student that the student has been expelled, the
6-13     parent or guardian shall provide adequate supervision of the
6-14     student during the period of expulsion.
6-15           SECTION 3.  Section 37.010(a), Education Code, is amended to
6-16     read as follows:
6-17           (a)  Not later than the second business day after the date a
6-18     conference or hearing is held under Section 37.009, the board of
6-19     trustees of a school district or the board's designee shall deliver
6-20     a copy of the order placing a student in an alternative education
6-21     program under Section 37.006 or expelling a student under Section
6-22     37.007 and any information required under Section 52.04, Family
6-23     Code, to the authorized officer of the juvenile court in the county
6-24     in which the student resides.  If due to an appeal under Section
6-25     37.009(b), (c), or (d) there is a modification in the student's
6-26     placement in an alternative education program, not later than the
6-27     second business day after the date of the decision modifying
 7-1     placement the board of trustees or the board's designee shall
 7-2     deliver a copy of the modified order to the authorized officer of
 7-3     the juvenile court.  In a county that operates a program under
 7-4     Section 37.011, an expelled student shall to the extent provided by
 7-5     law or by the memorandum of understanding immediately attend the
 7-6     educational program from the date of expulsion; provided, however,
 7-7     that in a county with a population greater than 125,000 every
 7-8     expelled student who is not detained or receiving treatment under
 7-9     an order of the juvenile court must be enrolled in an educational
7-10     program.
7-11           SECTION 4.  This Act applies beginning with the 1999-2000
7-12     school year.
7-13           SECTION 5.  The importance of this legislation and the
7-14     crowded condition of the calendars in both houses create an
7-15     emergency and an imperative public necessity that the
7-16     constitutional rule requiring bills to be read on three several
7-17     days in each house be suspended, and this rule is hereby suspended,
7-18     and that this Act take effect and be in force from and after its
7-19     passage, and it is so enacted.