SRC-MWN S.B. 189 77(R)BILL ANALYSIS Senate Research CenterS.B. 189 By: Lindsay Education 6/11/2001 Enrolled DIGEST AND PURPOSE Juvenile justice alternative education programs (JJAEP) are required to have a 180-day operating period, so they cannot operate according to the same calender year as that used by the school districts of their own service areas. The result is lower attendance than would be the case if both programs were operating in parallel. S.B. 189 allows a JJAEP to apply for a waiver of the 180-day requirement. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.004, Education Code, to read as follows: Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES. (b) Authorizes any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law to be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments. Requires any disciplinary action regarding the student to be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of certain assessments or plans. Deletes text regarding alternative placement. (d) Requires a teacher in an alternative education program under Section 37.008 who has a special education assignment to hold an appropriate certificate or permit for that assignment. (e) Provides that notwithstanding any other provision of this subchapter, in a county with a juvenile justice alternative education program established under Section 37.011, the expulsion under a provision of Section 37.007 described by this subsection of a student with a disability who receives special education services is required to occur in accordance with this subsection and Subsection (f). Requires the school district from which the student was expelled to provide, in accordance with applicable federal law, the administrator of the juvenile justice alternative education program or the administrator's designee with reasonable notice of the meeting of the student's admission, review, and dismissal committee to discuss the student's expulsion. Authorizes a representative of the juvenile justice alternative education program to participate in the meeting to the extent that the meeting relates to the student's placement in the program. Provides that this subsection applies only to an expulsion under certain sections. (f) Provides that if, after placement of a student in a juvenile justice alternative education program under Subsection (e), the administrator of the program or the administrator's designee has concerns that the student's educational or behavioral needs cannot be met in the program, the administrator or designee are required to immediately provide written notice of those concerns to the school district from which the student was expelled. Requires the student's admission, review, and dismissal committee to meet to reconsider the placement of the student in the program. Requires the district to, in accordance with applicable federal law, provide the administrator or designee with reasonable notice of the meeting, and a representative of the program may participate in the meeting to the extent that the meeting relates to the student's continued placement in the program. (g) Provides that Subsections (e) and (f) and this subsection expire September 1, 2003. SECTION 2. Amends Section 37.011, Education Code, to require a juvenile justice alternative education program to operate at least seven hours per day and 180 days per year, except that a program may apply to the Texas Juvenile Probation Commission (commission) for a waiver of the 180-day requirement. Prohibits the commission from granting a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program. SECTION 3. Makes this Act applicable beginning with the 2001-2002 school year. SECTION 4. Effective date: upon passage or September 1, 2001.