By Gutierrez                                          H.B. No. 2205
         77R7838 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to attendance at juvenile justice alternative education
 1-3     programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 37.011(b), Education Code, is amended to
 1-6     read as follows:
 1-7           (b)  A student, other than a student under the jurisdiction
 1-8     of a juvenile court, who is required to attend school under Section
 1-9     25.085 and is expelled from school under Section 37.007(a), (d), or
1-10     (e), shall, until the end of the term of the expulsion or until the
1-11     date the student is no longer required to attend school under
1-12     Section 25.085, whichever is earlier, attend the juvenile justice
1-13     alternative education program in the county in which the student
1-14     resides.  If a student who is expelled from school under Section
1-15     37.007(a), (d), or (e) is under the jurisdiction of the juvenile
1-16     court, the juvenile court shall:
1-17                 (1)  if the student is placed on probation under
1-18     Section 54.04, Family Code, order the student to attend the
1-19     juvenile justice alternative education program in the county in
1-20     which the student resides from the date of disposition as a
1-21     condition of probation, unless the child is placed in a
1-22     post-adjudication treatment facility;
1-23                 (2)  if the student is placed on deferred prosecution
1-24     under Section 53.03, Family Code, by the court, prosecutor, or
 2-1     probation department, require the student to immediately attend the
 2-2     juvenile justice alternative education program in the county in
 2-3     which the student resides for a period not to exceed six months as
 2-4     a condition of the deferred prosecution; and
 2-5                 (3)  in determining the conditions of the deferred
 2-6     prosecution or court-ordered probation, consider the length of the
 2-7     school district's expulsion order for the student.
 2-8           SECTION 2. This Act applies beginning with the 2001-2002
 2-9     school year.
2-10           SECTION 3.  This Act takes effect immediately if it receives
2-11     a vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect September 1, 2001.