By Turner of Harris H.B. No. 2108 77R7312 CAS-D 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 Section 37.007 may not be placed into a 1-20 juvenile justice alternative education program. From the beginning 1-21 of and during the entire period of the expulsion, the school 1-22 district from which the student was expelled must provide the 1-23 student with an educational program in accordance with the 1-24 student's individualized education program developed under Section 2-1 29.005. 2-2 SECTION 2. Section 52.041(e), Family Code, is amended to read 2-3 as follows: 2-4 (e) In any county where a juvenile justice alternative 2-5 education program is operated, no student, other than a student 2-6 with a disability who receives special education services under 2-7 Subchapter A, Chapter 29, Education Code, shall be expelled without 2-8 written notification by the board of the school district or its 2-9 designated agent to the juvenile board's designated representative. 2-10 The notification shall be made not later than two business days 2-11 following the board's determination that the student is to be 2-12 expelled. Failure to timely notify the designated representative 2-13 of the juvenile board shall result in the child's duty to continue 2-14 attending the school district's educational program, which shall be 2-15 provided to that child until such time as the notification to the 2-16 juvenile board's designated representative is properly made. 2-17 SECTION 3. Section 53.02(e), Family Code, is amended to read 2-18 as follows: 2-19 (e) Unless otherwise agreed in the memorandum of 2-20 understanding under Section 37.011, Education Code, or except as 2-21 otherwise provided by this subsection, in a county with a 2-22 population greater than 125,000, if a child being released under 2-23 this section is expelled under Section 37.007, Education Code, the 2-24 release shall be conditioned on the child's attending a juvenile 2-25 justice alternative education program pending a deferred 2-26 prosecution or formal court disposition of the child's case. This 2-27 subsection does not apply to a child with a disability who receives 3-1 special education services under Subchapter A, Chapter 29, 3-2 Education Code, and a release under this section may not be 3-3 conditioned on the attendance by such a child at a juvenile justice 3-4 alternative education program pending a deferred prosecution or 3-5 formal court disposition of the child's case. 3-6 SECTION 4. Section 53.03, Family Code, is amended by adding 3-7 Subsection (i) to read as follows: 3-8 (i) A child with a disability who receives special education 3-9 services under Subchapter A, Chapter 29, Education Code, may not be 3-10 required to attend a juvenile justice alternative education program 3-11 under Section 37.011, Education Code, as a condition of deferred 3-12 prosecution under this section. 3-13 SECTION 5. Section 54.01(f), Family Code, is amended to read 3-14 as follows: 3-15 (f) Unless otherwise agreed in the memorandum of 3-16 understanding under Section 37.011, Education Code, or except as 3-17 otherwise provided by this subsection, a release may be conditioned 3-18 on requirements reasonably necessary to insure the child's 3-19 appearance at later proceedings, but the conditions of the release 3-20 must be in writing and a copy furnished to the child. In a county 3-21 with a population greater than 125,000, if a child being released 3-22 under this section is expelled under Section 37.007, Education 3-23 Code, the release shall be conditioned on the child's attending a 3-24 juvenile justice alternative education program pending a deferred 3-25 prosecution or formal court disposition of the child's case. A 3-26 release under this section of a child with a disability who 3-27 receives special education services under Subchapter A, Chapter 29, 4-1 Education Code, may not be conditioned on the attendance by the 4-2 child at a juvenile justice alternative education program pending a 4-3 deferred prosecution or formal court disposition of the child's 4-4 case. 4-5 SECTION 6. Section 54.04, Family Code, is amended by adding 4-6 Subsection (t) to read as follows: 4-7 (t) A disposition under this title may not include, as a 4-8 condition of probation, placement of a child with a disability who 4-9 receives special education services under Subchapter A, Chapter 29, 4-10 Education Code, into a juvenile justice alternative education 4-11 program under Section 37.011, Education Code. 4-12 SECTION 7. (a) Section 37.004, Education Code, as amended by 4-13 this Act, and Section 52.041(e), Family Code, as amended by this 4-14 Act, apply only to expulsions for the 2001-2002 school year and 4-15 later school years. 4-16 (b) Sections 53.02(e) and 54.01(f), Family Code, as amended 4-17 by this Act, apply only to a release on or after the effective date 4-18 of this Act. A release before the effective date of this Act is 4-19 governed by the law in effect on the date of the release, and that 4-20 law is continued in effect for that purpose. 4-21 (c) Section 53.03(i), Family Code, as added by this Act, 4-22 applies only to a decision to defer prosecution made on or after 4-23 the effective date of this Act, regardless of the date of the 4-24 conduct resulting in the deferred prosecution. A decision to defer 4-25 prosecution made before the effective date of this Act is governed 4-26 by the law in effect on the date the decision was made, and that 4-27 law is continued in effect for that purpose. 5-1 (d) Section 54.04(t), Family Code, as added by this Act, 5-2 applies only to a disposition ordered on or after the effective 5-3 date of this Act, regardless of the date of the conduct resulting 5-4 in the disposition. A disposition ordered before the effective date 5-5 of this Act is governed by the law in effect on the date the 5-6 disposition was ordered, and that law is continued in effect for 5-7 that purpose. 5-8 SECTION 8. This Act takes effect September 1, 2001.