By Goodman                                            H.B. No. 2742
         76R8889 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expulsion of public school students and the
 1-3     operation of juvenile justice alternative education programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 25.086(a), Education Code, is amended to
 1-6     read as follows:
 1-7           (a)  A child is exempt from the requirements of compulsory
 1-8     school attendance if the child:
 1-9                 (1)  attends a private or parochial school that
1-10     includes in its course a study of good citizenship;
1-11                 (2)  is eligible to participate in a school district's
1-12     special education program under Section 29.003 and cannot be
1-13     appropriately served by the resident district;
1-14                 (3)  has a physical or mental condition of a temporary
1-15     and remediable nature that makes the child's attendance infeasible
1-16     and holds a certificate from a qualified physician specifying the
1-17     temporary condition, indicating the treatment prescribed to remedy
1-18     the temporary condition, and covering the anticipated period of the
1-19     child's absence from school for the purpose of receiving and
1-20     recuperating from that remedial treatment;
1-21                 (4)  is expelled in accordance with the requirements of
1-22     law in a school district that does not participate in a [mandatory]
1-23     juvenile justice alternative education program under Section
1-24     37.011;
 2-1                 (5)  is at least 17 years of age and:
 2-2                       (A)  is attending a course of instruction to
 2-3     prepare for the high school equivalency examination, and:
 2-4                             (i)  has the permission of the child's
 2-5     parent or guardian to attend the course;
 2-6                             (ii)  is required by court order to attend
 2-7     the course;
 2-8                             (iii)  has established a residence separate
 2-9     and apart from the child's parent, guardian, or other person having
2-10     lawful control of the child; or
2-11                             (iv)  is homeless as defined by 42 U.S.C.
2-12     Section 11302; or
2-13                       (B)  has received a high school diploma or high
2-14     school equivalency certificate;
2-15                 (6)  is at least 16 years of age and is attending a
2-16     course of instruction to prepare for the high school equivalency
2-17     examination, if the child is recommended to take the course of
2-18     instruction by a public agency that has supervision or custody of
2-19     the child under a court order;
2-20                 (7)  is enrolled in the Texas Academy of Mathematics
2-21     and Science;
2-22                 (8)  is enrolled in the Texas Academy of Leadership in
2-23     the Humanities; or
2-24                 (9)  is specifically exempted under another law.
2-25           SECTION 2.  Sections 37.007(a) and (c), Education Code, are
2-26     amended to read as follows:
2-27           (a)  A student shall be expelled from a school if the
 3-1     student, on school property or while attending a school-sponsored
 3-2     or school-related activity on or off of school property:
 3-3                 (1)  uses, exhibits, or possesses:
 3-4                       (A)  a firearm as defined by Section 46.01(3),
 3-5     Penal Code;
 3-6                       (B)  an illegal knife as defined by Section
 3-7     46.01(6), Penal Code, or by local policy;
 3-8                       (C)  a club as defined by Section 46.01(1), Penal
 3-9     Code; or
3-10                       (D)  a weapon listed as a prohibited weapon under
3-11     Section 46.05, Penal Code;
3-12                 (2)  engages in conduct that contains the elements of
3-13     the offense of:
3-14                       (A)  aggravated assault under Section 22.02,
3-15     Penal Code, sexual assault under Section 22.011, Penal Code, or
3-16     aggravated sexual assault under Section 22.021, Penal Code;
3-17                       (B)  arson under Section 28.02, Penal Code;
3-18                       (C)  murder under Section 19.02, Penal Code,
3-19     capital murder under Section 19.03, Penal Code, or criminal
3-20     attempt, under Section 15.01, Penal Code, to commit murder or
3-21     capital murder;
3-22                       (D)  indecency with a child under Section 21.11,
3-23     Penal Code; [or]
3-24                       (E)  aggravated kidnapping under Section 20.04,
3-25     Penal Code; or
3-26                       (F)  aggravated robbery under Section 29.03,
3-27     Penal Code; or
 4-1                 (3)  engages in conduct specified by Section
 4-2     37.006(a)(3) or (4), if the conduct is punishable as a felony.
 4-3           (c)  A student may be expelled if the student, while placed
 4-4     in an alternative education program for disciplinary reasons,
 4-5     continues to engage in serious or persistent misbehavior that
 4-6     violates the district's student code of conduct.  A student may be
 4-7     expelled under this subsection for conduct that does not occur on
 4-8     school property or while attending a school-sponsored or
 4-9     school-related activity only if:
4-10                 (1)  the student receives deferred prosecution under
4-11     Section 53.03, Family Code, for conduct defined as a felony offense
4-12     under Title 5, Penal Code;
4-13                 (2)  a court or jury finds under Section 54.03, Family
4-14     Code, that the student has engaged in delinquent conduct for
4-15     conduct defined as a felony offense under Title 5, Penal Code;
4-16                 (3)  a court or jury convicts the student of a felony
4-17     offense under Title 5, Penal Code; or
4-18                 (4)  the superintendent or superintendent's designee
4-19     has a reasonable belief that the student has engaged in conduct
4-20     defined as a felony offense under Title 5, Penal Code.
4-21           SECTION 3.  Section 37.011, Education Code, is amended by
4-22     amending Subsections (a), (f), (i), (k), and (l) and adding
4-23     Subsections (r) and (s) to read as follows:
4-24           (a)  The juvenile board of a county with a population greater
4-25     than 125,000 shall develop a juvenile justice alternative education
4-26     program, subject to the approval of the Texas Juvenile Probation
4-27     Commission.  The juvenile board of a county with a population of
 5-1     125,000 or less may develop a juvenile justice alternative
 5-2     education program.  A juvenile justice alternative education
 5-3     program that is located in a county with a population of 125,000 or
 5-4     less and that does not receive state-appropriated funds for
 5-5     juvenile justice alternative education programs:
 5-6                 (1)  is not required to be approved by the Texas
 5-7     Juvenile Probation Commission; and
 5-8                 (2)  is not subject to Subsection (c), (d), (f), or
 5-9     (g).
5-10           (f)  A juvenile justice alternative education program must
5-11     operate at least[:]
5-12                 [(1)]  seven hours per day[;] and
5-13                 [(2)] 180 days per year.  The Texas Juvenile Probation
5-14     Commission may approve the instruction of students for fewer than
5-15     the number of days required under this subsection if disaster,
5-16     flood, extreme weather conditions, fuel curtailment, or another
5-17     calamity causes the closing of schools or if the juvenile justice
5-18     alternative education program has adopted the school calendar of a
5-19     school district in the county and the days of instruction in that
5-20     district are fewer than 180 because of a waiver granted by the
5-21     commissioner.
5-22           (i)  A student transferred to a juvenile justice alternative
5-23     education program must participate in the program for the full
5-24     period ordered by the juvenile court unless the student's school
5-25     district agrees to accept the student before the date ordered by
5-26     the juvenile court.  The juvenile court may not order a period of
5-27     transfer under this section that exceeds the term of any probation
 6-1     ordered by the juvenile court.  A student may not be placed into
 6-2     the juvenile justice alternative education program for a period of
 6-3     fewer than 90 school days.
 6-4           (k)  Each school district in a county with a population
 6-5     greater than 125,000 and the county juvenile board shall annually
 6-6     enter into a joint memorandum of understanding that:
 6-7                 (1)  outlines the responsibilities of the juvenile
 6-8     board concerning the establishment and operation of a juvenile
 6-9     justice alternative education program under this section;
6-10                 (2)  defines the amount and conditions on payments from
6-11     the school district to the juvenile board for students of the
6-12     school district served in the juvenile justice alternative
6-13     education program whose placement was not made on the basis of an
6-14     expulsion under Section 37.007(a), (d), or (e);
6-15                 (3)  identifies those categories of conduct that the
6-16     school district has defined in its student code of conduct as
6-17     constituting serious or persistent misbehavior for which a student
6-18     may be placed in the juvenile justice alternative education
6-19     program;
6-20                 (4)  identifies and requires a timely placement and
6-21     specifies a term of placement for expelled students for whom the
6-22     school district has received a notice under Section 52.041(d),
6-23     Family Code;
6-24                 (5)  establishes services for the transitioning of
6-25     expelled students to the school district prior to the completion of
6-26     the student's placement in the juvenile justice alternative
6-27     education program;
 7-1                 (6)  subject to Subsection (r), establishes a plan that
 7-2     provides transportation services for students placed in the
 7-3     juvenile  justice alternative education program;
 7-4                 (7)  establishes the circumstances and conditions under
 7-5     which a juvenile may be allowed to remain in the juvenile justice
 7-6     alternative education program setting once the juvenile is no
 7-7     longer under juvenile court jurisdiction; and
 7-8                 (8)  subject to Subsection (s), establishes a plan to
 7-9     address special education services required by law.
7-10           (l)  The school district shall be responsible for providing
7-11     an immediate educational program to students who engage in behavior
7-12     resulting in expulsion under Section 37.007(b), (c), and (f) but
7-13     who are not eligible for admission into the juvenile justice
7-14     alternative education program in accordance with the memorandum of
7-15     understanding required under this section.  The school district may
7-16     provide the program or the school district may contract with a
7-17     county juvenile board that agrees to provide the program, a private
7-18     provider, or one or more other school districts to provide the
7-19     program.  The memorandum of understanding shall address the
7-20     circumstances under which such students who continue to engage in
7-21     serious or persistent misbehavior shall be admitted into the
7-22     juvenile justice alternative education program.
7-23           (r)  Unless otherwise agreed in the memorandum of
7-24     understanding required by Subsection (k), the school district with
7-25     the greatest student enrollment in the county in which the juvenile
7-26     justice alternative education program operates is responsible for
7-27     providing transportation to all students to and from the juvenile
 8-1     justice alternative education program.  If a student in the
 8-2     juvenile justice alternative education program  was expelled from a
 8-3     district other than the district providing transportation, the
 8-4     district from which the student was expelled shall pay to the
 8-5     district providing transportation an amount equal to the per
 8-6     day/per student transportation allotment the district receives
 8-7     multiplied by the number of days the student attends the juvenile
 8-8     justice alternative education program.
 8-9           (s)  Unless otherwise agreed in the memorandum of
8-10     understanding required by Subsection (k), the school district from
8-11     which a student in the juvenile justice alternative education
8-12     program who is eligible for special education services is expelled
8-13     is responsible for all costs associated with the provision of the
8-14     special education curriculum or related services as defined by
8-15     Section 29.002 as required by the student's individualized
8-16     education program.  For purposes of federal law, a juvenile justice
8-17     alternative education program is not a local education agency.
8-18           SECTION 4.  Section 37.012, Education Code, is amended to
8-19     read as follows:
8-20           Sec. 37.012.  FUNDING OF JUVENILE JUSTICE ALTERNATIVE
8-21     EDUCATION PROGRAMS.  (a)  The Texas Juvenile Probation Commission
8-22     shall provide funding for a student expelled on the basis of
8-23     Section 37.007(a), (d), or (e) in an amount determined in
8-24     accordance with the General Appropriations Act.  For the juvenile
8-25     board responsible for operating the juvenile justice alternative
8-26     education program to receive funding for an expelled student under
8-27     this subsection, the  school district from which the student was
 9-1     expelled must document and provide to the juvenile board
 9-2     information that shows that:
 9-3                 (1)  the school district expelled the student for
 9-4     conduct for which expulsion is mandatory under Section 37.007(a),
 9-5     (d), or (e);
 9-6                 (2)  the school district notified and filed an offense
 9-7     report with the school district police department, if any, and the
 9-8     appropriate local law enforcement agency regarding the alleged
 9-9     conduct that was the basis for the expulsion; and
9-10                 (3)  the local law enforcement agency:
9-11                       (A)  found that there was probable cause to
9-12     believe that the student engaged in conduct constituting an offense
9-13     for which expulsion is mandatory under Section 37.007(a), (d), or
9-14     (e); and
9-15                       (B)  as appropriate, made a formal referral of
9-16     the case to the juvenile court or forwarded the case to the
9-17     prosecutor  responsible for handling such cases.
9-18           (b)  The school district from which a student was expelled on
9-19     the basis of Section 37.007(a), (d), or (e) shall provide funding
9-20     to the juvenile board for the portion of the school year for which
9-21     the juvenile justice alternative education program provides
9-22     educational services in an amount determined by the memorandum of
9-23     understanding under Section 37.011(k)(2) if the local law
9-24     enforcement agency to which the alleged conduct that was the basis
9-25     for expulsion is reported does not:
9-26                 (1)  find that there was probable cause to believe that
9-27     the student engaged in conduct constituting an offense for which
 10-1    expulsion is mandatory under Section 37.007(a), (d), or (e); and
 10-2                (2)  make a formal referral of the case to the juvenile
 10-3    court or forward the case to the prosecutor.
 10-4          (c)  Subject to Section 37.011(n), the school district from
 10-5    which a student was [in which a student is enrolled on the date the
 10-6    student is] expelled on a basis other than Section 37.007(a), (d),
 10-7    or (e) shall, if the student is served by the juvenile justice
 10-8    alternative education program, provide funding to the juvenile
 10-9    board for the portion of the school year for which the juvenile
10-10    justice alternative education program provides educational services
10-11    in an amount determined by the memorandum of understanding under
10-12    Section 37.011(k)(2).
10-13          (d) [(b)]  Funds received under this section must be expended
10-14    on juvenile justice alternative education programs.
10-15          (e) [(c)]  The Office of State-Federal Relations shall assist
10-16    a local juvenile probation department in identifying additional
10-17    state or federal funds to assist local juvenile probation
10-18    departments conducting educational or job training programs within
10-19    juvenile justice alternative education programs.
10-20          SECTION 5.  This Act applies beginning with the 1999-2000
10-21    school year.
10-22          SECTION 6.  The importance of this legislation and the
10-23    crowded condition of the calendars in both houses create an
10-24    emergency and an imperative public necessity that the
10-25    constitutional rule requiring bills to be read on three several
10-26    days in each house be suspended, and this rule is hereby suspended,
10-27    and that this Act take effect and be in force from and after its
 11-1    passage, and it is so enacted.