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.