77R13426 E                           
         By Turner of Harris                                   H.B. No. 2108
         Substitute the following for H.B. No. 2108:
         By Reyna of Bexar                                 C.S.H.B. No. 2108
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to placement into a juvenile justice alternative education
 1-3     program of children with disabilities who receive special education
 1-4     services.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 37.004, Education Code, is amended to read
 1-7     as follows:
 1-8           Sec. 37.004.  PLACEMENT OF STUDENTS WITH DISABILITIES. (a)
 1-9     The placement of a student with a disability who receives special
1-10     education services may be made only by a duly constituted
1-11     admission, review, and dismissal committee.
1-12           (b)  A student with a disability who receives special
1-13     education services may not be placed in alternative education
1-14     programs solely for educational purposes if the student does not
1-15     also meet the criteria for alternative placement in Section
1-16     37.006(a) or 37.007(a).
1-17           (c)  Notwithstanding any other provision of this subchapter,
1-18     a student with a disability who receives special education services
1-19     and is expelled under a provision of Section 37.007 described by
1-20     this subsection may not be placed into a juvenile justice
1-21     alternative education program unless the juvenile board of the
1-22     county in which the program is located or the board's designee
1-23     provides to the school district from which the student was expelled
1-24     written authorization for the placement. During the entire period
 2-1     of an expulsion of a student whose placement in a juvenile justice
 2-2     alternative education program is not authorized under this
 2-3     subsection, the district from which the student was expelled must
 2-4     provide the student with an educational program in accordance with
 2-5     the student's individualized education program developed under
 2-6     Section 29.005. This subsection applies only to an expulsion under:
 2-7                 (1)  Section 37.007(b), (c), or (f); or
 2-8                 (2)  Section 37.007(d) as a result of conduct that
 2-9     contains the elements of any offense listed in Section 37.007(b)(3)
2-10     against any employee or volunteer in retaliation for or as a result
2-11     of the person's employment or association with a school district.
2-12           (d)  If after placement of a student in a juvenile justice
2-13     alternative education program under Subsection (c), it is
2-14     determined that the student's educational or behavioral needs
2-15     cannot be met in the program, the juvenile board or its designee
2-16     shall immediately provide written notice of that fact to the school
2-17     district from which the student was expelled.  Not later than the
2-18     10th school day after the date the district receives that notice,
2-19     the district shall place the student in an appropriate educational
2-20     program.
2-21           SECTION 2. Section 53.02, Family Code, is amended by amending
2-22     Subsections (e) and (f) and adding Subsection (g) to read as
2-23     follows:
2-24           (e)  Unless otherwise agreed in the memorandum of
2-25     understanding under Section 37.011, Education Code, or except as
2-26     otherwise provided by Subsection (f), in a county with a population
2-27     greater than 125,000, if a child being released under this section
 3-1     is expelled under Section 37.007, Education Code, the release shall
 3-2     be conditioned on the child's attending a juvenile justice
 3-3     alternative education program pending a deferred prosecution or
 3-4     formal court disposition of the child's case.
 3-5           (f)  A release under this section of a child with a
 3-6     disability who receives special education services under Subchapter
 3-7     A, Chapter 29, Education Code, and is expelled under a provision of
 3-8     Section 37.007, Education Code, described by this subsection may
 3-9     not be conditioned on the attendance by such a child at a juvenile
3-10     justice alternative education program pending a deferred
3-11     prosecution or formal court disposition of the child's case unless
3-12     the juvenile board of the county in which the program is located or
3-13     the board's designee provides to the school district from which the
3-14     student was expelled written authorization for the student's
3-15     placement in the program. This subsection applies only to an
3-16     expulsion under:
3-17                 (1)  Section 37.007(b), (c), or (f), Education Code; or
3-18                 (2)  Section 37.007(d), Education Code, as a result of
3-19     conduct that contains the elements of any offense listed in Section
3-20     37.007(b)(3), Education Code, against any employee or volunteer in
3-21     retaliation for or as a result of the person's employment or
3-22     association with a school district.
3-23           (g) [(f)]  A child who is alleged to have engaged in
3-24     delinquent conduct and to have used, possessed, or exhibited a
3-25     firearm, as defined by Section 46.01, Penal Code, in the commission
3-26     of the offense shall be detained until the child is released at the
3-27     direction of the judge of the juvenile court, a substitute judge
 4-1     authorized by Section 51.04(f), or a referee appointed under
 4-2     Section 51.04(g), including an oral direction by telephone, or
 4-3     until a detention hearing is held as required by Section 54.01.
 4-4           SECTION 3. Section 53.03, Family Code, is amended by adding
 4-5     Subsection (i) to read as follows:
 4-6           (i)  A child with a disability who receives special education
 4-7     services under Subchapter A, Chapter 29, Education Code, and is
 4-8     expelled under a provision of Section 37.007, Education Code,
 4-9     described by Section 53.02(f), may not be required to attend a
4-10     juvenile justice alternative education program under Section
4-11     37.011, Education Code, as a condition of deferred prosecution
4-12     under this section unless the juvenile board of the county in which
4-13     the program is located or the board's designee provides to the
4-14     school district from which the student was expelled written
4-15     authorization for the student's placement in the program.
4-16           SECTION 4. Section 54.01(f), Family Code, is amended to read
4-17     as follows:
4-18           (f)  Unless otherwise agreed in the memorandum of
4-19     understanding under Section 37.011, Education Code, or except as
4-20     otherwise provided by this subsection, a release may be conditioned
4-21     on requirements reasonably necessary to insure the child's
4-22     appearance at later proceedings, but the conditions of the release
4-23     must be in writing and a copy furnished to the child.  In a county
4-24     with a population greater than 125,000, if a child being released
4-25     under this section is expelled under Section 37.007, Education
4-26     Code, the release shall be conditioned on the child's attending a
4-27     juvenile justice alternative education program pending a deferred
 5-1     prosecution or formal court disposition of the child's case.  A
 5-2     release under this section of a child with a disability who
 5-3     receives special education services under Subchapter A, Chapter 29,
 5-4     Education Code, and is expelled under a provision of Section
 5-5     37.007, Education Code, described by Section 53.02(f), may not be
 5-6     conditioned on the attendance by the child at a juvenile justice
 5-7     alternative education program pending a deferred prosecution or
 5-8     formal court disposition of the child's case unless the juvenile
 5-9     board of the county in which the program is located or the board's
5-10     designee provides to the school district from which the student was
5-11     expelled written authorization for the student's placement in the
5-12     program.
5-13           SECTION 5.  Section 54.04, Family Code, is amended by adding
5-14     Subsection (t) to read as follows:
5-15           (t)  A disposition under this title may not include, as a
5-16     condition of probation, placement of a child with a disability who
5-17     receives special education services under Subchapter A, Chapter 29,
5-18     Education Code, and is expelled under a provision of Section
5-19     37.007, Education Code, described by Section 53.02(f), into a
5-20     juvenile justice alternative education program under Section
5-21     37.011, Education Code, unless the juvenile board of the county in
5-22     which the program is located or the board's designee provides to
5-23     the school district from which the student was expelled written
5-24     authorization for the student's placement in the program.
5-25           SECTION 6. (a)  Section 37.004, Education Code, as amended by
5-26     this Act, applies only to expulsions for the 2001-2002 school year
5-27     and later school years.
 6-1           (b)  Sections 53.02(e) and (f) and 54.01(f), Family Code, as
 6-2     amended by this Act, apply only to a release on or after the
 6-3     effective date of this Act.  A release before the effective date of
 6-4     this Act is governed by the law in effect on the date of the
 6-5     release, and that law is continued in effect for that purpose.
 6-6           (c)  Section 53.03(i), Family Code, as added by this Act,
 6-7     applies only to a decision to defer prosecution made on or after
 6-8     the effective date of this Act, regardless of the date of the
 6-9     conduct resulting in the deferred prosecution.  A decision to defer
6-10     prosecution made before the effective date of this Act is governed
6-11     by the law in effect on the date the decision was made, and that
6-12     law is continued in effect for that purpose.
6-13           (d)  Section 54.04(t), Family Code, as added by this Act,
6-14     applies only to a disposition ordered on or after the effective
6-15     date of this Act, regardless of the date of the conduct resulting
6-16     in the disposition. A disposition ordered before the effective date
6-17     of this Act is governed by the law in effect on the date the
6-18     disposition was ordered, and that law is continued in effect for
6-19     that purpose.
6-20           SECTION 7. This Act takes effect September 1, 2001.