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.