1-1 AN ACT
1-2 relating to school district disciplinary action against a student
1-3 with a disability who receives special education services and to
1-4 the authority of a juvenile justice alternative education program
1-5 to obtain a waiver regarding required days of operation.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 37.004, Education Code, is amended to
1-8 read as follows:
1-9 Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES.
1-10 (a) The placement of a student with a disability who receives
1-11 special education services may be made only by a duly constituted
1-12 admission, review, and dismissal committee.
1-13 (b) Any disciplinary action regarding a student with a
1-14 disability who receives special education services that would
1-15 constitute a change in placement under federal law may be taken
1-16 only after the student's admission, review, and dismissal committee
1-17 conducts a manifestation determination review under 20 U.S.C.
1-18 Section 1415(k)(4) and its subsequent amendments. Any disciplinary
1-19 action regarding the student shall be determined in accordance with
1-20 federal law and regulations, including laws or regulations
1-21 requiring the provision of:
1-22 (1) functional behavioral assessments;
1-23 (2) positive behavioral interventions, strategies, and
1-24 supports; and
1-25 (3) behavioral intervention plans.
2-1 (c) A student with a disability who receives special
2-2 education services may not be placed in alternative education
2-3 programs solely for educational purposes [if the student does not
2-4 also meet the criteria for alternative placement in Section
2-5 37.006(a) or 37.007(a)].
2-6 (d) A teacher in an alternative education program under
2-7 Section 37.008 who has a special education assignment must hold an
2-8 appropriate certificate or permit for that assignment.
2-9 (e) Notwithstanding any other provision of this subchapter,
2-10 in a county with a juvenile justice alternative education program
2-11 established under Section 37.011, the expulsion under a provision
2-12 of Section 37.007 described by this subsection of a student with a
2-13 disability who receives special education services must occur in
2-14 accordance with this subsection and Subsection (f). The school
2-15 district from which the student was expelled shall, in accordance
2-16 with applicable federal law, provide the administrator of the
2-17 juvenile justice alternative education program or the
2-18 administrator's designee with reasonable notice of the meeting of
2-19 the student's admission, review, and dismissal committee to discuss
2-20 the student's expulsion. A representative of the juvenile justice
2-21 alternative education program may participate in the meeting to the
2-22 extent that the meeting relates to the student's placement in the
2-23 program. This subsection applies only to an expulsion under:
2-24 (1) Section 37.007(b), (c), or (f); or
2-25 (2) Section 37.007(d) as a result of conduct that
2-26 contains the elements of any offense listed in Section 37.007(b)(3)
3-1 against any employee or volunteer in retaliation for or as a result
3-2 of the person's employment or association with a school district.
3-3 (f) If, after placement of a student in a juvenile justice
3-4 alternative education program under Subsection (e), the
3-5 administrator of the program or the administrator's designee has
3-6 concerns that the student's educational or behavioral needs cannot
3-7 be met in the program, the administrator or designee shall
3-8 immediately provide written notice of those concerns to the school
3-9 district from which the student was expelled. The student's
3-10 admission, review, and dismissal committee shall meet to reconsider
3-11 the placement of the student in the program. The district shall,
3-12 in accordance with applicable federal law, provide the
3-13 administrator or designee with reasonable notice of the meeting,
3-14 and a representative of the program may participate in the meeting
3-15 to the extent that the meeting relates to the student's continued
3-16 placement in the program.
3-17 (g) Subsections (e) and (f) and this subsection expire
3-18 September 1, 2003.
3-19 SECTION 2. Subsection (f), Section 37.011, Education Code,
3-20 is amended to read as follows:
3-21 (f) A juvenile justice alternative education program must
3-22 operate at least[:]
3-23 [(1)] seven hours per day[;] and
3-24 [(2)] 180 days per year, except that a program may
3-25 apply to the Texas Juvenile Probation Commission for a waiver of
3-26 the 180-day requirement. The commission may not grant a waiver to
4-1 a program under this subsection for a number of days that exceeds
4-2 the highest number of instructional days waived by the commissioner
4-3 during the same school year for a school district served by the
4-4 program.
4-5 SECTION 3. This Act applies beginning with the 2001-2002
4-6 school year.
4-7 SECTION 4. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.
S.B. No. 189
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 189 passed the Senate on
March 1, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; May 22, 2001, Senate refused to concur in House
amendment and requested appointment of Conference Committee;
May 24, 2001, House granted request of the Senate; May 27, 2001,
Senate adopted Conference Committee Report by the following vote:
Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 189 passed the House, with
amendment, on May 18, 2001, by the following vote: Yeas 137,
Nays 0, two present not voting; May 24, 2001, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2001, House adopted Conference Committee Report by the
following vote: Yeas 139, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor