By West                                               S.B. No. 1142
         77R7659 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to student discipline in public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 12, Education Code, is
 1-5     amended by adding Section 12.121 to read as follows:
 1-6           Sec. 12.121.  REMOVAL OF STUDENTS TO DISCIPLINARY ALTERNATIVE
 1-7     EDUCATION PROGRAM; EXPULSION OF STUDENTS. (a)  An open-enrollment
 1-8     charter school may not remove a student to a disciplinary
 1-9     alternative education program or expel a student unless the school
1-10     complies with the provisions of Subchapter A, Chapter 37, relating
1-11     to a removal to a disciplinary alternative education program or to
1-12     expulsion, as applicable.
1-13           (b)  An open-enrollment charter school that elects to expel
1-14     students may not expel a student for a reason that is not
1-15     authorized by Section 37.007.  An open-enrollment charter school
1-16     that elects to remove students to a disciplinary alternative
1-17     education program must comply with requirements for the program
1-18     under Section 37.008.
1-19           (c)  An open-enrollment charter school disciplinary
1-20     alternative education program operated in accordance with
1-21     Subchapter A, Chapter 37, is eligible for funding under Section
1-22     42.159.
1-23           (d)  An open-enrollment charter school that enrolls a student
1-24     who was removed to a disciplinary alternative education program or
 2-1     expelled by another open-enrollment charter school or by a school
 2-2     district:
 2-3                 (1)  may take any action permitted under Section
 2-4     37.008(j), if the school has a disciplinary alternative education
 2-5     program that complies with Subchapter A, Chapter 37; or
 2-6                 (2)  may take any action permitted under Section
 2-7     37.010(g), if the school has an expulsion policy that complies with
 2-8     Subchapter A, Chapter 37.
 2-9           SECTION 2.  Section 25.001(d), Education Code, is amended to
2-10     read as follows:
2-11           (d)  For a person under the age of 18 years to establish a
2-12     residence for the purpose of attending the public schools separate
2-13     and apart from the person's parent, guardian, or other person
2-14     having lawful control of the person under a court order, it must be
2-15     established that the person's presence in the school district is
2-16     not for the primary purpose of participation in extracurricular
2-17     activities.  The board of trustees shall determine whether an
2-18     applicant for admission is a resident of the school district for
2-19     purposes of attending the public schools and may adopt reasonable
2-20     guidelines for making a determination as necessary to protect the
2-21     best interests of students.  The board of trustees is not required
2-22     to admit a person under this subsection if the person:
2-23                 (1)  has engaged in conduct or misbehavior within the
2-24     preceding year that has resulted in:
2-25                       (A)  removal to a disciplinary [an] alternative
2-26     education program; or
2-27                       (B)  expulsion;
 3-1                 (2)  has engaged in delinquent conduct or conduct in
 3-2     need of supervision and is on probation or other conditional
 3-3     release for that conduct; or
 3-4                 (3)  has been convicted of a criminal offense and is on
 3-5     probation or other conditional release.
 3-6           SECTION 3.  Section 25.085(d), Education Code, is amended to
 3-7     read as follows:
 3-8           (d)  Unless specifically exempted by Section 25.086, a
 3-9     student enrolled in a school district must attend:
3-10                 (1)  an extended-year program for which the student is
3-11     eligible that is provided by the district for students identified
3-12     as likely not to be promoted to the next grade level or tutorial
3-13     classes required by the district under Section 29.084;
3-14                 (2)  an accelerated reading instruction program to
3-15     which the student is assigned under Section 28.006(g);
3-16                 (3)  an accelerated instruction program to which the
3-17     student is assigned under Section 28.0211; [or]
3-18                 (4)  a basic skills program to which the student is
3-19     assigned under Section 29.086; or
3-20                 (5)  a summer program provided under Section 37.008(m)
3-21     or Section 37.021.
3-22           SECTION 4.  Sections 37.001(a) and (b), Education Code, are
3-23     amended to read as follows:
3-24           (a)  The board of trustees of an independent school district
3-25     shall, with the advice of its district-level committee established
3-26     under Subchapter F, Chapter 11 [Section 11.251], adopt a student
3-27     code of conduct for the district.  The student code of conduct must
 4-1     be posted and prominently displayed at each school campus.  In
 4-2     addition to establishing standards for student conduct, the student
 4-3     code of conduct must:
 4-4                 (1)  specify the circumstances, in accordance with this
 4-5     subchapter, under which a student may be removed from a classroom,
 4-6     campus, or disciplinary alternative education program;
 4-7                 (2)  specify conditions that authorize or require a
 4-8     principal or other appropriate administrator to transfer a student
 4-9     to a disciplinary [an] alternative education program; [and]
4-10                 (3)  outline conditions under which a student may be
4-11     suspended as provided by Section 37.005 or expelled as provided by
4-12     Section 37.007;
4-13                 (4)  specify whether consideration is given to a
4-14     defense that may be used as a defense to prosecution, including
4-15     self-defense, as a factor in a decision to order suspension,
4-16     removal to a disciplinary alternative education program, or
4-17     expulsion;
4-18                 (5)  provide guidelines for setting the length of a
4-19     term of:
4-20                       (A)  a removal under Section 37.006; and
4-21                       (B)  an expulsion under Section 37.007; and
4-22                 (6)  address the notification of a student's parent or
4-23     guardian of a violation of the student code of conduct committed by
4-24     the student.
4-25           (b)  Each school year, a school district shall hold a public
4-26     hearing to provide parents and other members of the public notice
4-27     of and information regarding the student code of conduct.  [A
 5-1     teacher with knowledge that a student has violated the student code
 5-2     of conduct shall file with the school principal or the other
 5-3     appropriate administrator a written report, not to exceed one page,
 5-4     documenting the violation.  The principal or the other appropriate
 5-5     administrator shall, not later than 24 hours after receipt of a
 5-6     report from a teacher, send a copy of the report to the student's
 5-7     parents or guardians.]
 5-8           SECTION 5.  Sections 37.002(c) and (d), Education Code, are
 5-9     amended to read as follows:
5-10           (c)  If a teacher removes a student from class under
5-11     Subsection (b), the principal may place the student into another
5-12     appropriate classroom, into in-school suspension, or into a
5-13     disciplinary [an] alternative education program as provided by
5-14     Section 37.008.  The principal may not return the student to that
5-15     teacher's class without the teacher's consent unless the committee
5-16     established under Section 37.003 determines that such placement is
5-17     the best or only alternative available.  The terms of the removal
5-18     may prohibit the student from attending or participating in
5-19     school-sponsored or school-related activity.
5-20           (d)  A teacher shall remove from class and send to the
5-21     principal for placement in a disciplinary [an] alternative
5-22     education program or for expulsion, as appropriate, a student who
5-23     engages in conduct described under Section 37.006 or 37.007.  The
5-24     student may not be returned to that teacher's class without the
5-25     teacher's consent unless the committee established under Section
5-26     37.003 determines that such placement is the best or only
5-27     alternative available.
 6-1           SECTION 6.  Section 37.004, Education Code, is amended to
 6-2     read as follows:
 6-3           Sec. 37.004.  PLACEMENT OF STUDENTS WITH DISABILITIES.
 6-4     (a)  The placement of a student with a disability who receives
 6-5     special education services may be made only by a duly constituted
 6-6     admission, review, and dismissal committee.
 6-7           (b)  All disciplinary actions regarding a student with a
 6-8     disability who receives special education services shall be
 6-9     determined in accordance with federal law and regulations and must
6-10     be consistent with the consequences that would apply under this
6-11     subchapter to a student without a disability.  A student with a
6-12     disability who receives special education services may not be
6-13     placed in a disciplinary alternative education program [programs]
6-14     solely for educational purposes if the student does not also meet
6-15     the criteria for alternative placement under [in] Section 37.006(a)
6-16     or 37.007(a).
6-17           (c)  A teacher in a disciplinary alternative education
6-18     program who has a special education assignment must hold an
6-19     appropriate certificate or permit for that assignment.
6-20           SECTION 7.  Section 37.005, Education Code, is amended by
6-21     amending Subsection (a)  and adding Subsection (c) to read as
6-22     follows:
6-23           (a)  The principal or other appropriate administrator may
6-24     suspend a student who engages in conduct for which the student may
6-25     be placed in a disciplinary [an] alternative education program
6-26     under this subchapter.
6-27           (c)  If a suspension, including an in-school suspension, is
 7-1     for conduct for which removal to a disciplinary alternative
 7-2     education program is required under Section 37.006, the district
 7-3     must also remove the student to a disciplinary alternative
 7-4     education program as required by that section.  The term of the
 7-5     suspension may run concurrently with the term of the removal to a
 7-6     disciplinary alternative education program.  The district shall
 7-7     follow the appropriate procedures for both the suspension and the
 7-8     removal to a disciplinary alternative education program.
 7-9           SECTION 8.  Section 37.006, Education Code, is amended by
7-10     amending Subsections (a), (b), (d), (f), (h), and (l) and adding
7-11     Subsections (m) and (n) to read as follows:
7-12           (a)  A [Except as provided by Section 37.007(a)(3) or (b), a]
7-13     student shall be removed from class and placed in a disciplinary
7-14     [an] alternative education program as provided by Section 37.008 if
7-15     the student commits the following on or within 300 feet of school
7-16     property, as measured from any point on the school's real property
7-17     boundary line, or while attending a school-sponsored or
7-18     school-related activity on or off of school property:
7-19                 (1)  engages in conduct punishable as a felony;
7-20                 (2)  engages in conduct that contains the elements of
7-21     the offense of assault under Section 22.01(a)(1), Penal Code, or
7-22     terroristic threat under Section 22.07, Penal Code;
7-23                 (3)  sells, gives, or delivers to another person or
7-24     possesses or uses or is under the influence of:
7-25                       (A)  marihuana or a controlled substance, as
7-26     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
7-27     Section 801 et seq.; or
 8-1                       (B)  a dangerous drug, as defined by Chapter 483,
 8-2     Health and Safety Code;
 8-3                 (4)  sells, gives, or delivers to another person an
 8-4     alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
 8-5     Code, commits a serious act or offense while under the influence of
 8-6     alcohol, or possesses, uses, or is under the influence of an
 8-7     alcoholic beverage;
 8-8                 (5)  engages in conduct that contains the elements of
 8-9     an offense relating to abusable glue or aerosol paint under
8-10     Sections 485.031 through 485.035, Health and Safety Code, or
8-11     relating to volatile chemicals under Chapter 484, Health and Safety
8-12     Code; or
8-13                 (6)  engages in conduct that contains the elements of
8-14     the offense of public lewdness under Section 21.07, Penal Code, or
8-15     indecent exposure under Section 21.08, Penal Code.
8-16           (b)  Except as provided by Section 37.007(d), a student shall
8-17     be removed from class and placed in a disciplinary [an] alternative
8-18     education program under Section 37.008 if the student engages in
8-19     conduct that contains the elements of the offense of retaliation
8-20     under Section 36.06, Penal Code, against any school employee.
8-21           (d)  In addition to Subsection (a), a student may be removed
8-22     from class and placed in a disciplinary [an] alternative education
8-23     program under Section 37.008 based on conduct occurring off campus
8-24     and while the student is not in attendance at a school-sponsored or
8-25     school-related activity if:
8-26                 (1)  the superintendent or the superintendent's
8-27     designee has a reasonable belief that the student has engaged in
 9-1     conduct defined as a felony offense other than those defined in
 9-2     Title 5, Penal Code; and
 9-3                 (2)  the continued presence of the student in the
 9-4     regular classroom threatens the safety of other students or
 9-5     teachers or will be detrimental to the educational process.
 9-6           (f)  Subject to Section 37.007(e), a student who is younger
 9-7     than 10 years of age shall be removed from class and placed in a
 9-8     disciplinary [an] alternative education program under Section
 9-9     37.008 if the student engages in conduct described by Section
9-10     37.007.  An elementary school student may not be placed in a
9-11     disciplinary [an] alternative education program with any other
9-12     student who is not an elementary school student.
9-13           (h)  On receipt of notice under Article 15.27(g), Code of
9-14     Criminal Procedure, the superintendent or the superintendent's
9-15     designee shall review the student's placement in the disciplinary
9-16     alternative education program.  The student may not be returned to
9-17     the regular classroom pending the review.  The superintendent or
9-18     the superintendent's designee shall schedule a review of the
9-19     student's placement with the student's parent or guardian not later
9-20     than the third class day after the superintendent or
9-21     superintendent's designee receives notice from the office or
9-22     official designated by the court.  After reviewing the notice and
9-23     receiving information from the student's parent or guardian, the
9-24     superintendent or the superintendent's designee may continue the
9-25     student's placement in the disciplinary alternative education
9-26     program if there is reason to believe that the presence of the
9-27     student in the regular classroom threatens the safety of other
 10-1    students or teachers.
 10-2          (l)  Notwithstanding any other provision of this code, a
 10-3    student who is younger than six years of age may not be removed
 10-4    from class and placed in a disciplinary [an] alternative education
 10-5    program.
 10-6          (m)  Removal to a disciplinary alternative education program
 10-7    under Subsection (a) is not required if the student is expelled
 10-8    under Section 37.007 for the same conduct for which removal would
 10-9    be required.
10-10          (n)  A principal or other appropriate administrator is not
10-11    required to remove a student to a disciplinary alternative
10-12    education program for off-campus conduct for which removal is
10-13    required under this section unless the principal or other
10-14    appropriate administrator has knowledge of the conduct before the
10-15    first anniversary of the date the conduct occurred.
10-16          SECTION 9.  Section 37.007, Education Code, is amended by
10-17    amending Subsections (c) and (e) and adding Subsections (i) and (j)
10-18    to read as follows:
10-19          (c)  A student shall be expelled based on conduct defined as
10-20    a felony offense under Title 5, Penal Code, that occurs off campus
10-21    and while the student is not attending a school-sponsored or
10-22    school-related activity if the conduct occurred not earlier than
10-23    one year before the date of the expulsion and:
10-24                (1)  in connection with the conduct, the student
10-25    receives deferred prosecution under Section 53.03, Family Code;
10-26                (2)  in connection with the conduct, a court or jury
10-27    finds that the student has engaged in delinquent conduct under
 11-1    Section 54.03, Family Code; or
 11-2                (3)  the superintendent or the superintendent's
 11-3    designee has a reasonable belief that the student has engaged in
 11-4    the [may be expelled if the student, while placed in an alternative
 11-5    education program for disciplinary reasons, continues to engage in
 11-6    serious or persistent misbehavior that violates the district's
 11-7    student code of] conduct.
 11-8          (e)  In accordance with 20 U.S.C. Section 8921 [federal law],
 11-9    a local educational agency, including a school district, home-rule
11-10    school district, or open-enrollment charter school, shall expel a
11-11    student who brings a firearm, as defined by 18 U.S.C. Section 921,
11-12    to school.  The student must be expelled from the student's regular
11-13    campus for a period of at least one year, except that:
11-14                (1)  the superintendent or other chief administrative
11-15    officer of the school district or of the other local educational
11-16    agency, as defined by 20 U.S.C. Section 8801 [2891], may modify the
11-17    length of the expulsion in the case of an individual student;
11-18                (2)  the district or other local educational agency
11-19    shall provide educational services to an expelled student in a
11-20    disciplinary [an] alternative education program as provided by
11-21    Section 37.008 if the student is younger than 10 years of age on
11-22    the date of expulsion; and
11-23                (3)  the district or other local educational agency may
11-24    provide educational services to an expelled student who is [older
11-25    than] 10 years of age or older in a disciplinary [an] alternative
11-26    education program as provided in Section 37.008.
11-27          (i)  A student shall be expelled if a juvenile court finds
 12-1    that a student engaged in conduct that contains the elements of the
 12-2    offense of terroristic threat under Section 22.07, Penal Code, or a
 12-3    criminal court finds that a student committed the offense of
 12-4    terroristic threat.  The district may provide educational services
 12-5    to the expelled student in a disciplinary alternative education
 12-6    program provided under Section 37.008.  If the student was the
 12-7    subject of a previous order for placement in a disciplinary
 12-8    alternative education program under Section 37.006(a)(2) for the
 12-9    same conduct and the placement has not ended, the expulsion order
12-10    may provide that the order for placement in a disciplinary
12-11    alternative education program is superseded.  The board or the
12-12    board's designee may consider any time spent in a disciplinary
12-13    alternative education program for the same conduct in determining
12-14    the appropriate length of the expulsion.
12-15          (j)  In determining under Subsection (c)(3) whether there is
12-16    a reasonable belief that a student has engaged in conduct defined
12-17    as a felony offense by the Penal Code, the superintendent or the
12-18    superintendent's designee may consider all available information,
12-19    including the information furnished under Article 15.27, Code of
12-20    Criminal Procedure.
12-21          SECTION 10. Section 37.008, Education Code, is amended to
12-22    read as follows:
12-23          Sec. 37.008.  DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.
12-24    (a)  Each school district shall provide a disciplinary [an]
12-25    alternative education program that:
12-26                (1)  is provided in a setting other than a student's
12-27    regular classroom;
 13-1                (2)  is located on or off of a regular school campus;
 13-2                (3)  provides for the students who are assigned to the
 13-3    disciplinary alternative education program to be separated from
 13-4    students who are not assigned to the program;
 13-5                (4)  focuses on English language arts, mathematics,
 13-6    science, history, and self-discipline;
 13-7                (5)  provides for students' educational and behavioral
 13-8    needs; [and]
 13-9                (6)  provides supervision and counseling;
13-10                (7)  as provided by Subsection (m), provides each
13-11    student an opportunity to complete for credit the courses in which
13-12    the student was enrolled at the time of the student's removal;
13-13                (8)  operates for the number of days and the number of
13-14    hours per day required by Sections 25.081 and 25.082; and
13-15                (9)  requires that each teacher for a subject area
13-16    included under Subdivision (4) hold an appropriate certificate or
13-17    permit to teach in that subject area.
13-18          (b)  A disciplinary [An] alternative education program may
13-19    provide for a student's transfer to:
13-20                (1)  a different campus;
13-21                (2)  a school-community guidance center; or
13-22                (3)  a community-based alternative school.
13-23          (c)  An off-campus disciplinary alternative education program
13-24    is not subject to a requirement imposed by this title, other than a
13-25    limitation on liability, a reporting requirement, or a requirement
13-26    imposed by this chapter or by Chapter 39.
13-27          (d)  A school district may provide a disciplinary [an]
 14-1    alternative education program jointly with one or more other
 14-2    districts.
 14-3          (e)  Each school district shall cooperate with government
 14-4    agencies and community organizations that provide services in the
 14-5    district to students placed in a disciplinary [an] alternative
 14-6    education program.
 14-7          (f)  A student removed to a disciplinary [an] alternative
 14-8    education program is counted in computing the average daily
 14-9    attendance of students in the district for the student's time in
14-10    actual attendance in the program.
14-11          (g)  A school district shall allocate to a disciplinary [an]
14-12    alternative education program the same expenditure per student
14-13    attending the disciplinary alternative education program, including
14-14    federal, state, and local funds, that would be allocated to the
14-15    student's school if the student were attending the student's
14-16    regularly assigned education program, including a special education
14-17    program.
14-18          (h)  A school district may not place a student, other than a
14-19    student suspended as provided under Section 37.005 or expelled as
14-20    provided under Section 37.007, in an unsupervised setting as a
14-21    result of conduct for which a student may be placed in a
14-22    disciplinary [an] alternative education program.
14-23          (i)  On request of a school district, a regional education
14-24    service center may provide to the district information on
14-25    developing a disciplinary [an] alternative education program that
14-26    takes into consideration the district's size, wealth, and existing
14-27    facilities in determining the program best suited to the district.
 15-1          (j)  If a student placed in a disciplinary [an] alternative
 15-2    education program enrolls in another school district before the
 15-3    expiration of the period of placement, the board of trustees of the
 15-4    district requiring the placement shall provide to the district in
 15-5    which the student enrolls, at the same time other records of the
 15-6    student are provided, a copy of the placement order.  The district
 15-7    in which the student enrolls may continue the disciplinary
 15-8    alternative education program placement under the terms of the
 15-9    order or may allow the student to attend regular classes without
15-10    completing the period of placement.  A district may take any action
15-11    permitted by this subsection if:
15-12                (1)  the student was placed in a disciplinary
15-13    alternative education program by an open-enrollment charter school
15-14    under Section 12.121 and the charter school provides to the
15-15    district a copy of the placement order; or
15-16                (2)  the student was placed in a disciplinary
15-17    alternative education program by a school district in another state
15-18    and:
15-19                      (A)  the out-of-state district provides to the
15-20    district a copy of the placement order; and
15-21                      (B)  the grounds for the placement by the
15-22    out-of-state district are grounds for placement in the district in
15-23    which the student is enrolling.
15-24          (k)  If a student was placed in a disciplinary alternative
15-25    education program by a school district in another state for a
15-26    period that exceeds one year and a school district in this state in
15-27    which the student enrolls continues the placement under Subsection
 16-1    (j), the district shall reduce the period of the placement so that
 16-2    the aggregate period does not exceed one year.
 16-3          (l)  A program of educational and support services may be
 16-4    provided to a student and the student's parents when the offense
 16-5    involves drugs or alcohol as specified under Section 37.006 or
 16-6    37.007.  A disciplinary [An] alternative education program that
 16-7    provides chemical dependency treatment services must be licensed
 16-8    under Chapter 464, Health and Safety Code.
 16-9          (m) [(l)]  A school district is [not] required to provide in
16-10    the district's disciplinary alternative education program a course
16-11    necessary to fulfill a student's high school graduation
16-12    requirements only as provided by this subsection.  A school
16-13    district shall offer a student removed to a disciplinary
16-14    alternative education program an opportunity to complete, before
16-15    the beginning of the next school year, each course in which the
16-16    student was enrolled at the time of the removal.  A disciplinary
16-17    alternative education program must provide a student instruction in
16-18    any course in which the student was enrolled at the time of the
16-19    removal that is within a subject area included under Subsection
16-20    (a)(4).  For any other course in which the student was enrolled,
16-21    the school district may provide the student an opportunity to
16-22    complete the course through any method available, including a
16-23    correspondence course, distance learning, or summer school.  The
16-24    district may not charge the student for a course provided under
16-25    this subsection [other than a course specified by Subsection (a)].
16-26          (n) [(m)]  The commissioner shall adopt rules necessary to
16-27    evaluate annually the performance of each district's disciplinary
 17-1    alternative education program established under this subchapter.
 17-2    The evaluation required by this section shall be based on
 17-3    indicators defined by the commissioner, but must include student
 17-4    performance on assessment instruments required under Sections
 17-5    39.023(a) and (c).  Academically, the mission of disciplinary
 17-6    alternative education programs shall be to enable students to
 17-7    perform at grade level.
 17-8          (o)  A school district may not, under a policy, contract, or
 17-9    other agreement with or for the benefit of a third party, agree to:
17-10                (1)  remove a minimum number of students to a
17-11    disciplinary alternative education program during the course of a
17-12    school year; or
17-13                (2)  place students in a disciplinary alternative
17-14    education program for a minimum number of days.
17-15          (p)  Not later than July 1 of each year or as soon as
17-16    practicable after that date, the commissioner shall certify whether
17-17    sufficient funds have been appropriated for the purposes of
17-18    Subsections (a)(7)-(9) for the following school year.  A
17-19    determination by the commissioner under this subsection is final
17-20    and may not be appealed.  For purposes of certification, the
17-21    commissioner shall consider the allotments under Sections 42.152
17-22    and 42.159.  A school district is required to implement Subsections
17-23    (a)(7)-(9) only if the commissioner certifies that sufficient funds
17-24    have been appropriated during a school year for those purposes.  If
17-25    the commissioner finds that sufficient funds have not been
17-26    appropriated, the commissioner may, from any funds available, make
17-27    grants to school districts to implement Subsections (a)(7)-(9). The
 18-1    commissioner shall determine the qualifications a school district
 18-2    must meet to receive a grant.
 18-3          SECTION 11. Section 37.009, Education Code, is amended by
 18-4    amending Subsections (a)-(e), (g), and (h) and adding Subsections
 18-5    (i) and (j) to read as follows:
 18-6          (a)  Not later than the third class day after the day on
 18-7    which a student is removed from class by the teacher under Section
 18-8    37.002(b) or (d) or by the school principal or other appropriate
 18-9    administrator under Section 37.001(a)(2) or 37.006, the principal
18-10    or other appropriate administrator shall schedule a conference
18-11    among the principal or other appropriate administrator, a parent or
18-12    guardian of the student, the teacher removing the student from
18-13    class, if any, and the student.  At the conference, the student is
18-14    entitled to written or oral notice of the reasons for the removal,
18-15    an explanation of the basis for the removal, and an opportunity to
18-16    respond to the reasons for the removal.  The student may not be
18-17    returned to the regular classroom pending the conference.
18-18    Following the conference, and whether or not each requested person
18-19    is in attendance after valid attempts to require the person's
18-20    attendance, the principal shall order the placement of the student
18-21    [as provided by Section 37.002 or 37.006, as applicable,] for a
18-22    period consistent with the student code of conduct.  If the period
18-23    of the placement is inconsistent with the guidelines included in
18-24    the student code of conduct under Section 37.001(a)(5), the order
18-25    must give notice of the inconsistency.  The period of the placement
18-26    may not exceed one year.
18-27          (b)  If a student's placement in a disciplinary [an]
 19-1    alternative education program is to extend beyond 60 days or the
 19-2    end of the next grading period, whichever is earlier, a student's
 19-3    parent or guardian is entitled to notice of and an opportunity to
 19-4    participate in a proceeding before the board of trustees of the
 19-5    school district or the board's designee, as provided by policy of
 19-6    the board of trustees of the district.  Any decision of the board
 19-7    or the board's designee under this subsection is final and may not
 19-8    be appealed.
 19-9          (c)  Before it may place a student in a disciplinary [an]
19-10    alternative education program for a period that extends beyond the
19-11    end of the school year, the board or the board's designee must
19-12    determine that:
19-13                (1)  the student's presence in the regular classroom
19-14    program or at the student's regular campus presents a danger of
19-15    physical harm to the student or to another individual; or
19-16                (2)  the student has engaged in serious or persistent
19-17    misbehavior that violates the district's student code of conduct.
19-18          (d)  The board or the board's designee shall set a term for a
19-19    student's placement in a disciplinary [an] alternative education
19-20    program.  If the period of the placement is inconsistent with the
19-21    guidelines included in the student code of conduct under Section
19-22    37.001(a)(5), the order must give notice of the inconsistency.  The
19-23    period of the placement may not exceed one year [under Section
19-24    37.002 or 37.006].
19-25          (e)  A student placed in a disciplinary [an] alternative
19-26    education program [under Section 37.002 or 37.006] shall be
19-27    provided a review of the student's status, including a review of
 20-1    the student's academic status, by the board's designee at intervals
 20-2    not to exceed 60 [120] days.  In the case of a high school student,
 20-3    the board's designee, with the student's parent or guardian, shall
 20-4    review the student's progress towards meeting high school
 20-5    graduation requirements and shall establish a specific graduation
 20-6    plan for the student.  The district is not required under this
 20-7    subsection to provide a course in the district's disciplinary
 20-8    alternative education program except as required by Section
 20-9    37.008(m) [a course not specified under Section 37.008(a)].  At the
20-10    review, the student or the student's parent or guardian must be
20-11    given the opportunity to present arguments for the student's return
20-12    to the regular classroom or campus.  The student may not be
20-13    returned to the classroom of the teacher who removed the student
20-14    without that teacher's consent.  The teacher may not be coerced to
20-15    consent.
20-16          (g)  The board or the board's designee shall deliver to the
20-17    student and the student's parent or guardian a copy of the order
20-18    placing the student in a disciplinary [an] alternative education
20-19    program under Section 37.001, 37.002, or 37.006 or expelling the
20-20    student under Section 37.007.
20-21          (h)  If the period of an expulsion is inconsistent with the
20-22    guidelines included in the student code of conduct under Section
20-23    37.001(a)(5), the order must give notice of the inconsistency.  The
20-24    period of an expulsion may not exceed one year.  After a school
20-25    district notifies the parents or guardians of a student that the
20-26    student has been expelled, the parent or guardian shall provide
20-27    adequate supervision of the student during the period of expulsion.
 21-1          (i)  If a student withdraws from the district before an order
 21-2    for placement in a disciplinary alternative education program or
 21-3    expulsion is entered under this section, the principal or board, as
 21-4    appropriate, may complete the proceedings and enter an order.  If
 21-5    the student subsequently enrolls in the district during the same or
 21-6    subsequent school year, the district may enforce the order at that
 21-7    time except for any period of the placement or expulsion that has
 21-8    been served by the student on enrollment in another district that
 21-9    honored the order.  If the principal or board fails to enter an
21-10    order after the student withdraws, the next district in which the
21-11    student enrolls may complete the proceedings and enter an order.
21-12          (j)  If, during the term of a placement or expulsion ordered
21-13    under this section, a student engages in additional conduct for
21-14    which placement in a disciplinary alternative education program or
21-15    expulsion is required or permitted, additional proceedings may be
21-16    conducted under this section regarding that conduct and the
21-17    principal or board, as appropriate, may enter an additional order
21-18    as a result of those proceedings.  The term of the additional
21-19    placement or expulsion shall run concurrently with the placement or
21-20    expulsion in effect at the time the student engaged in the conduct
21-21    for which the additional placement or expulsion is ordered.
21-22          SECTION 12.  Section 37.010, Education Code, is amended by
21-23    amending Subsections (a) and (c)-(h) and adding Subsection (i) to
21-24    read as follows:
21-25          (a)  Not later than the second business day after the date a
21-26    hearing is held under Section 37.009, the board of trustees of a
21-27    school district or the board's designee shall deliver a copy of the
 22-1    order placing a student in a disciplinary [an] alternative
 22-2    education program under Section 37.006 or expelling a student under
 22-3    Section 37.007 and any information required under Section 52.04,
 22-4    Family Code, to the authorized officer of the juvenile court in the
 22-5    county in which the student resides.  In a county that operates a
 22-6    program under Section 37.011, an expelled student shall to the
 22-7    extent provided by law or by the memorandum of understanding
 22-8    immediately attend the educational program from the date of
 22-9    expulsion, except[;  provided, however,] that in a county with a
22-10    population greater than 125,000, every expelled student who is not
22-11    detained or receiving treatment under an order of the juvenile
22-12    court must be enrolled in an educational program.
22-13          (c)  Unless the juvenile board for the county in which the
22-14    district's central administrative office is located has entered
22-15    into a memorandum of understanding with the district's board of
22-16    trustees concerning the juvenile probation department's role in
22-17    supervising and providing other support services for students in
22-18    disciplinary alternative education programs, a court may not order
22-19    a student expelled under Section 37.007 to attend a regular
22-20    classroom, a regular campus, or a school district disciplinary
22-21    alternative education program as a condition of probation.
22-22          (d)  Unless the juvenile board for the county in which the
22-23    district's central administrative office is located has entered
22-24    into a memorandum of understanding as described by Subsection (c),
22-25    if a court orders a student to attend a disciplinary [an]
22-26    alternative education program as a condition of probation once
22-27    during a school year and the student is referred to juvenile court
 23-1    again during that school year, the juvenile court may not order the
 23-2    student to attend a disciplinary [an] alternative education program
 23-3    in a district without the district's consent until the student has
 23-4    successfully completed any sentencing requirements the court
 23-5    imposes.
 23-6          (e)  Any placement in a disciplinary [an] alternative
 23-7    education program by a court under this section must prohibit the
 23-8    student from attending or participating in school-sponsored or
 23-9    school-related activities.
23-10          (f)  If a student is expelled under Section 37.007, on the
23-11    recommendation of the committee established under Section 37.003 or
23-12    on its own initiative, a district may readmit the student while the
23-13    student is completing any court disposition requirements the court
23-14    imposes.  After the student has successfully completed any court
23-15    disposition requirements the court imposes, including conditions of
23-16    a deferred prosecution ordered by the court, or such conditions
23-17    required by the prosecutor or probation department, if the student
23-18    meets the requirements for admission into the public schools
23-19    established by this title, a district may not refuse to admit the
23-20    student, but the district may place the student in the disciplinary
23-21    alternative education program.  Notwithstanding Section 37.002(d),
23-22    the student may not be returned to the classroom of the teacher
23-23    under whose supervision the offense occurred without that teacher's
23-24    consent. The teacher may not be coerced to consent.
23-25          (g)  If an expelled student enrolls in another school
23-26    district, the board of trustees of the district that expelled the
23-27    student shall provide to the district in which the student enrolls,
 24-1    at the same time other records of the student are provided, a copy
 24-2    of the expulsion order and the referral to the authorized officer
 24-3    of the juvenile court.  The district in which the student enrolls
 24-4    may continue the expulsion under the terms of the order, may place
 24-5    the student in a disciplinary [an] alternative education program
 24-6    for the period specified by the expulsion order, or may allow the
 24-7    student to attend regular classes without completing the period of
 24-8    expulsion.  A district may take any action permitted by this
 24-9    subsection if:
24-10                (1)  the student was expelled by an open-enrollment
24-11    charter school under Section 12.121 and the charter school provides
24-12    to the district a copy of the expulsion order; or
24-13                (2)  the student was expelled by a school district in
24-14    another state if:
24-15                      (A)  the out-of-state district provides to the
24-16    district a copy of the expulsion order; and
24-17                      (B)  the grounds for the expulsion are also
24-18    grounds for expulsion in the district in which the student is
24-19    enrolling.
24-20          (h)  If a student was expelled by a school district in
24-21    another state for a period that exceeds one year and a school
24-22    district in this state continues the expulsion or places the
24-23    student in a disciplinary alternative education program under
24-24    Subsection (g), the district shall reduce the period of the
24-25    expulsion or placement so that the aggregate period does not exceed
24-26    one year.
24-27          (i)  A person is not liable in civil damages for a referral
 25-1    to juvenile court as required by this section.
 25-2          SECTION 13.  Sections 37.011(a), (b), (h), (k), (l), and (p),
 25-3    Education Code, are amended to read as follows:
 25-4          (a)  The juvenile board of a county with a population greater
 25-5    than 125,000 shall develop a juvenile justice alternative education
 25-6    program, subject to the approval of the Texas Juvenile Probation
 25-7    Commission.  The juvenile board of a county with a population of
 25-8    125,000 or less may develop a juvenile justice alternative
 25-9    education program.  For the purposes of this subchapter, a
25-10    disciplinary education program operated by an entity other than the
25-11    juvenile board of a county is not considered a juvenile justice
25-12    alternative education program.  A juvenile justice alternative
25-13    education program in a county with a population of 125,000 or less:
25-14                (1)  is not required to be approved by the Texas
25-15    Juvenile Probation Commission; and
25-16                (2)  is not subject to Subsection (c), (d), (f), or
25-17    (g).
25-18          (b)  If a student is expelled from school for conduct for
25-19    which expulsion is required under Section 37.007 [37.007(a), (d),
25-20    or (e)], the juvenile court shall:
25-21                (1)  if the student is placed on probation under
25-22    Section 54.04, Family Code, order the student to attend the
25-23    juvenile justice alternative education program in the county in
25-24    which the student resides from the date of disposition as a
25-25    condition of probation, unless the child is placed in a
25-26    post-adjudication treatment facility;
25-27                (2)  if the student is placed on deferred prosecution
 26-1    under Section 53.03, Family Code, by the court, prosecutor, or
 26-2    probation department, require the student to immediately attend the
 26-3    juvenile justice alternative education program in the county in
 26-4    which the student resides for a period not to exceed six months as
 26-5    a condition of the deferred prosecution; and
 26-6                (3)  in determining the conditions of the deferred
 26-7    prosecution or court-ordered probation, consider the length of the
 26-8    school district's expulsion order for the student.
 26-9          (h)  Academically, the mission of juvenile justice
26-10    alternative education programs shall be to enable students to
26-11    perform at grade level.  For purposes of accountability under
26-12    Chapter 39, a student enrolled in a juvenile justice alternative
26-13    education program is reported as if the student were enrolled at
26-14    the student's assigned campus in the student's regularly assigned
26-15    education program, including a special education program.  Annually
26-16    the Texas Juvenile Probation Commission, with the agreement of the
26-17    commissioner, shall develop and implement a system of
26-18    accountability consistent with Chapter 39, where appropriate, to
26-19    assure that students make progress toward grade level while
26-20    attending a juvenile justice alternative education program.  The
26-21    Texas Juvenile Probation Commission shall adopt rules for the
26-22    distribution of funds appropriated under this section to juvenile
26-23    boards in counties required to establish juvenile justice
26-24    alternative education programs.  Except as determined by the
26-25    commissioner, a student served by a juvenile justice alternative
26-26    education program on the basis of an expulsion required under
26-27    Section 37.007 [37.007(a), (d), or (e)] is not eligible for
 27-1    Foundation School Program funding under Chapter 42 or 31 if the
 27-2    juvenile justice alternative education program receives funding
 27-3    from the Texas Juvenile Probation Commission under this subchapter.
 27-4          (k)  Each school district in a county with a population
 27-5    greater than 125,000 and the county juvenile board shall annually
 27-6    enter into a joint memorandum of understanding that:
 27-7                (1)  outlines the responsibilities of the juvenile
 27-8    board concerning the establishment and operation of a juvenile
 27-9    justice alternative education program under this section;
27-10                (2)  defines the amount and conditions on payments from
27-11    the school district to the juvenile board for students of the
27-12    school district served in the juvenile justice alternative
27-13    education program whose placement was not made on the basis of an
27-14    expulsion required under Section 37.007 [37.007(a), (d), or (e)];
27-15                (3)  [identifies those categories of conduct that the
27-16    school district has defined in its student code of conduct as
27-17    constituting serious or persistent misbehavior for which a student
27-18    may be placed in the juvenile justice alternative education
27-19    program;]
27-20                [(4)]  identifies and requires a timely placement and
27-21    specifies a term of placement for expelled students for whom the
27-22    school district has received a notice under Section 52.041(d),
27-23    Family Code;
27-24                (4) [(5)]  establishes services for the transitioning
27-25    of expelled students to the school district prior to the completion
27-26    of the student's placement in the juvenile justice alternative
27-27    education program;
 28-1                (5) [(6)]  establishes a plan that provides
 28-2    transportation services for students placed in the juvenile justice
 28-3    alternative education program;
 28-4                (6) [(7)]  establishes the circumstances and conditions
 28-5    under which a juvenile may be allowed to remain in the juvenile
 28-6    justice alternative education program setting once the juvenile is
 28-7    no longer under juvenile court jurisdiction; and
 28-8                (7) [(8)]  establishes a plan to address special
 28-9    education services required by law.
28-10          (l)  The school district shall be responsible for providing
28-11    an immediate educational program to students who are expelled from
28-12    the district or an open-enrollment charter school for conduct for
28-13    which expulsion is required under Section 37.007 [engage in
28-14    behavior resulting in expulsion under Section 37.007(b), (c), and
28-15    (f)] but who are not eligible for admission into the juvenile
28-16    justice alternative education program in accordance with the
28-17    memorandum of understanding required under this section.  A school
28-18    district is responsible under this subsection for providing an
28-19    educational program to a student expelled from an open-enrollment
28-20    charter school only if the student is otherwise eligible for
28-21    admission to the school district under Section 25.001.  The school
28-22    district may provide the program or the school district may
28-23    contract with a county juvenile board, a private provider, or one
28-24    or more other school districts to provide the program.  [The
28-25    memorandum of understanding shall address the circumstances under
28-26    which such students who continue to engage in serious or persistent
28-27    misbehavior shall be admitted into the juvenile justice alternative
 29-1    education program.]
 29-2          (p)  If a district elects to contract with the juvenile board
 29-3    for placement in the juvenile justice alternative education program
 29-4    of students expelled under Sections [Section] 37.007(b)[, (c),] and
 29-5    (f) and the juvenile board and district are unable to reach an
 29-6    agreement in the memorandum of understanding, either party may
 29-7    request that the issues of dispute be referred to a binding
 29-8    arbitration process that uses a qualified alternative dispute
 29-9    resolution arbitrator in which each party will pay its pro rata
29-10    share of the arbitration costs. Each party must submit its final
29-11    proposal to the arbitrator.  If the parties cannot agree on an
29-12    arbitrator, the juvenile board shall select an arbitrator, the
29-13    school districts shall select an arbitrator, and those two
29-14    arbitrators shall select an arbitrator who will decide the issues
29-15    in dispute.  An arbitration decision issued under this subsection
29-16    is enforceable in a court in the county in which the juvenile
29-17    justice alternative education program is located.  Any decision by
29-18    an arbitrator concerning the amount of the funding for a student
29-19    who is expelled and attending a juvenile justice alternative
29-20    education program must provide an amount sufficient based on
29-21    operation of the juvenile justice alternative education program in
29-22    accordance with this chapter.  In determining the amount to be paid
29-23    by a school district for an expelled student enrolled in a juvenile
29-24    justice alternative education program, the arbitrator shall
29-25    consider the relevant factors, including evidence of:
29-26                (1)  the actual average total per student expenditure
29-27    in the district's alternative education setting;
 30-1                (2)  the expected per student cost in the juvenile
 30-2    justice alternative education program as described and agreed on in
 30-3    the memorandum of understanding and in compliance with this
 30-4    chapter; and
 30-5                (3)  the costs necessary to achieve the accountability
 30-6    goals under this chapter.
 30-7          SECTION 14.  Section 37.012, Education Code, is amended by
 30-8    amending Subsection (a) and adding Subsection (d) to read as
 30-9    follows:
30-10          (a)  Subject to Section 37.011(n), the school district in
30-11    which a student is enrolled on the date the student is expelled for
30-12    conduct for which expulsion is permitted but not required under
30-13    Section 37.007 [on a basis other than Section 37.007(a), (d), or
30-14    (e)] shall, if the student is served by the juvenile justice
30-15    alternative education program, provide funding to the juvenile
30-16    board for the portion of the school year for which the juvenile
30-17    justice alternative education program provides educational services
30-18    in an amount determined by the memorandum of understanding under
30-19    Section 37.011(k)(2).
30-20          (d)  A school district is not required to provide funding to
30-21    a juvenile board for a student who is assigned by a court to a
30-22    juvenile justice alternative education program but who has not been
30-23    expelled.
30-24          SECTION 15.  Section 37.013, Education Code, is amended to
30-25    read as follows:
30-26          Sec. 37.013.  COORDINATION BETWEEN SCHOOL DISTRICTS AND
30-27    JUVENILE BOARDS. The board of trustees of the school district or
 31-1    the board's designee shall at the call of the president of the
 31-2    board of trustees regularly meet with the juvenile board for the
 31-3    county in which the district's central administrative office is
 31-4    located or the juvenile board's designee concerning supervision and
 31-5    rehabilitative services appropriate for expelled students and
 31-6    students assigned to disciplinary alternative education programs.
 31-7    Matters for discussion shall include service by probation officers
 31-8    at the disciplinary alternative education program site, recruitment
 31-9    of volunteers to serve as mentors and provide tutoring services,
31-10    and coordination with other social service agencies.
31-11          SECTION 16.  Sections 37.019(a) and (c), Education Code, are
31-12    amended to read as follows:
31-13          (a)  This subchapter does not prevent the principal or the
31-14    principal's designee from ordering the immediate placement of a
31-15    student in a disciplinary [the] alternative education program if
31-16    the principal or the principal's designee reasonably believes the
31-17    student's behavior is so unruly, disruptive, or abusive that it
31-18    seriously interferes with a teacher's ability to communicate
31-19    effectively with the students in a class, with the ability of the
31-20    student's classmates to learn, or with the operation of school or a
31-21    school-sponsored activity.
31-22          (c)  At the time of an emergency placement or expulsion, the
31-23    student shall be given oral notice of the reason for the action.
31-24    The reason must be a reason for which placement in a disciplinary
31-25    alternative education program or expulsion may be made on a
31-26    nonemergency basis.  Within a reasonable time after the emergency
31-27    placement or expulsion, but not later than the 10th day after the
 32-1    date of the placement or expulsion, the student shall be accorded
 32-2    the appropriate due process as required under Section 37.009.  If
 32-3    the student subject to the emergency placement or expulsion is a
 32-4    student with disabilities who receives special education services,
 32-5    the [term of the student's] emergency placement or expulsion is
 32-6    subject to federal law and regulations and must be consistent with
 32-7    the consequences that would apply under this subchapter to a
 32-8    student without a disability [the requirements of 20 U.S.C. Section
 32-9    1415(e)(3) and 34 CFR 300.513].
32-10          SECTION 17.  Section 37.020, Education Code, is amended to
32-11    read as follows:
32-12          Sec. 37.020.  REPORTS RELATING TO EXPULSIONS AND DISCIPLINARY
32-13    ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a)  In the manner
32-14    required by the commissioner, each school district shall annually
32-15    report to the commissioner the information required by this
32-16    section.
32-17          (b)  For[:]
32-18                [(1)  for] each placement in a disciplinary [an]
32-19    alternative education program established under Section 37.008, the
32-20    district shall report:
32-21                (1) [(A)]  information identifying the student,
32-22    including the student's race, sex, and date of birth, that will
32-23    enable the agency to compare placement data with information
32-24    collected through other reports;
32-25                (2) [(B)]  information indicating whether the placement
32-26    was based on:
32-27                      (A) [(i)]  conduct violating the student code of
 33-1    conduct adopted under Section 37.001;
 33-2                      (B) [(ii)]  conduct for which a student may be
 33-3    removed from class under Section 37.002(b);
 33-4                      (C) [(iii)]  conduct for which placement in a
 33-5    disciplinary [an] alternative education program is required by
 33-6    Section 37.006; or
 33-7                      (D) [(iv)]  conduct occurring while a student was
 33-8    enrolled in another district and for which placement in a
 33-9    disciplinary [an] alternative education program is permitted by
33-10    Section 37.008(j); [and]
33-11                (3) [(C)]  the number of days the student was assigned
33-12    to the program and the number of days the student attended the
33-13    program; and
33-14                (4)  the number of placements that were inconsistent
33-15    with the guidelines included in the student code of conduct under
33-16    Section 37.001(a)(5).
33-17          (c)  For [(2)  for] each expulsion under Section 37.007, the
33-18    district shall report:
33-19                (1) [(A)]  information identifying the student,
33-20    including the student's race, sex, and date of birth, that will
33-21    enable the agency to compare placement data with information
33-22    collected through other reports;
33-23                (2) [(B)]  information indicating whether the expulsion
33-24    was based on:
33-25                      (A) [(i)]  conduct for which expulsion is
33-26    required under Section 37.007, including information specifically
33-27    indicating whether a student was expelled on the basis of Section
 34-1    37.007(e); or
 34-2                      (B) [(ii)]  conduct[, other than conduct
 34-3    described by Subparagraph (iii),] for which expulsion is permitted
 34-4    under Section 37.007; [or]
 34-5                            [(iii)  serious or persistent misbehavior
 34-6    occurring while the student was placed in an alternative education
 34-7    program;]
 34-8                (3) [(C)]  the number of days the student was expelled;
 34-9    [and]
34-10                (4) [(D)]  information indicating whether:
34-11                      (A) [(i)]  the student was placed in a juvenile
34-12    justice alternative education program under Section 37.011;
34-13                      (B) [(ii)]  the student was placed in a
34-14    disciplinary [an] alternative education program; or
34-15                      (C) [(iii)]  the student was not placed in a
34-16    juvenile justice or other disciplinary alternative education
34-17    program; and
34-18                (5)  the number of expulsions that were inconsistent
34-19    with the guidelines included in the student code of conduct under
34-20    Section 37.001(a)(5).
34-21          SECTION 18.  Subchapter A, Chapter 37, is amended by adding
34-22    Section 37.021 to read as follows:
34-23          Sec. 37.021.  IN-SCHOOL PLACEMENTS AND OTHER REMOVALS FROM
34-24    REGULAR CLASSROOM. (a)  If a school district removes a student from
34-25    the regular classroom and places the student in in-school
34-26    suspension or another setting for conduct that is not grounds for
34-27    removal to a disciplinary alternative education program or
 35-1    expulsion, the district shall provide the student with the
 35-2    opportunity to continue the course work from the student's regular
 35-3    classroom or courses during the term of the placement.  The
 35-4    district shall offer the student the opportunity to complete before
 35-5    the beginning of the next school year each course in which the
 35-6    student was enrolled at the time of the removal.
 35-7          (b)  The district may provide the opportunity to complete
 35-8    courses by any method available, including a correspondence course,
 35-9    distance learning, or summer school.  The district may not charge
35-10    the student for a course provided under this section.
35-11          SECTION 19.  Section 37.121(b), Education Code, is amended to
35-12    read as follows:
35-13          (b)  A school district board of trustees or an educator shall
35-14    recommend placing in a disciplinary [an] alternative education
35-15    program any student under the person's control who violates
35-16    Subsection (a).
35-17          SECTION 20.  Section 39.053, Education Code, as amended by
35-18    Chapters 510 and 1417, Acts of the 76th Legislature, Regular
35-19    Session, 1999, is amended to read as follows:
35-20          Sec. 39.053.  PERFORMANCE REPORT.  (a)  Each board of
35-21    trustees shall publish an annual report describing the educational
35-22    performance of the district and of each campus in the district that
35-23    includes uniform student performance and descriptive information as
35-24    determined under rules adopted by the commissioner.  The annual
35-25    report must also include:
35-26                (1)  campus performance objectives established under
35-27    Section 11.253 and the progress of each campus toward those
 36-1    objectives, which shall be available to the public;
 36-2                (2)  the performance rating for the district as
 36-3    provided under Section 39.072(a) and the performance rating of each
 36-4    campus in the district as provided under Section 39.072(c); [and]
 36-5                (3)  the district's current special education
 36-6    compliance status with the agency;
 36-7                (4)  [In addition, the annual report must include] a
 36-8    statement of the number, rate, and type of violent or criminal
 36-9    incidents that occurred on each district campus, to the extent
36-10    permitted under the Family Educational Rights and Privacy Act of
36-11    1974 (20 U.S.C. Section 1232g);
36-12                (5)[,]  information concerning school violence
36-13    prevention and violence intervention policies and procedures that
36-14    the district is using to protect students;[,] and
36-15                (6)  the findings that result from evaluations
36-16    conducted under the Safe and Drug-Free Schools and Communities Act
36-17    of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
36-18    amendments.
36-19          (b)  Supplemental information to be included in the reports
36-20    shall be determined by the board of trustees.  Performance
36-21    information in the annual reports on the indicators established
36-22    under Section 39.051 and descriptive information required by this
36-23    section shall be provided by the agency.
36-24          (c)  The board of trustees shall hold a hearing for public
36-25    discussion of the report.  The board of trustees shall give notice
36-26    of the hearing to property owners in the district and parents,
36-27    guardians, conservators, and other persons having lawful control of
 37-1    a district student.  The notification must include notice to a
 37-2    newspaper of general circulation in the district and notice to
 37-3    electronic media serving the district.  After the hearing the
 37-4    report shall be widely disseminated within the district in a manner
 37-5    to be determined under rules adopted by the commissioner.
 37-6          (d)  The report must also include a comparison provided by
 37-7    the agency of:
 37-8                (1)  the performance of each campus to its previous
 37-9    performance and to state-established standards;
37-10                (2)  the performance of each district to its previous
37-11    performance and to state-established standards; and
37-12                (3)  the performance of each campus or district to
37-13    comparable improvement.
37-14          (e)  The report may include the following information:
37-15                (1)  student information, including total enrollment,
37-16    enrollment by ethnicity, economic status, and grade groupings and
37-17    retention rates;
37-18                (2)  financial information, including revenues and
37-19    expenditures;
37-20                (3)  staff information, including number and type of
37-21    staff by sex, ethnicity, years of experience, and highest degree
37-22    held, teacher and administrator salaries, and teacher turnover;
37-23                (4)  program information, including student enrollment
37-24    by program, teachers by program, and instructional operating
37-25    expenditures by program; and
37-26                (5)  the number of students placed in a disciplinary
37-27    [an] alternative education program under Chapter 37.
 38-1          (f)  The State Board of Education by rule shall authorize the
 38-2    combination of this report with other reports and financial
 38-3    statements and shall restrict the number and length of reports that
 38-4    school districts, school district employees, and school campuses
 38-5    are required to prepare.
 38-6          (g)  The report must include a statement of the amount, if
 38-7    any, of the school district's unencumbered surplus fund balance as
 38-8    of the last day of the preceding fiscal year and the percentage of
 38-9    the preceding year's budget that the surplus represents.
38-10          SECTION 21.  Section 39.073(e), Education Code, is amended to
38-11    read as follows:
38-12          (e)  In determining a district's accreditation rating, the
38-13    agency shall consider:
38-14                (1)  the district's current special education
38-15    compliance status with the agency; and
38-16                (2)  to the extent determined by the commissioner, the
38-17    district's compliance with disciplinary alternative education
38-18    program requirements under Subchapter A, Chapter 37.
38-19          SECTION 22.  Subchapter C, Chapter 42, Education Code, is
38-20    amended by adding Section 42.159 to read as follows:
38-21          Sec. 42.159.  DISCIPLINARY ALTERNATIVE EDUCATION ALLOTMENT.
38-22    (a)  For each student in average daily attendance in a disciplinary
38-23    alternative education program under Section 37.008, a district is
38-24    entitled to an annual allotment equal to the adjusted basic
38-25    allotment multiplied by 1.0.
38-26          (b)  Funds allocated under this section, other than an
38-27    indirect cost allotment established under State Board of Education
 39-1    rule, must be used in providing disciplinary alternative education
 39-2    programs under Section 37.008.
 39-3          (c)  Not more than 1.5 percent of a district's students in
 39-4    average daily attendance are eligible for funding under this
 39-5    section.
 39-6          (d)  The commissioner may adopt rules necessary to implement
 39-7    this section.
 39-8          SECTION 23.  Subsection (b), Article 15.27, Code of Criminal
 39-9    Procedure, is amended to read as follows:
39-10          (b)  On conviction, deferred prosecution, or deferred
39-11    adjudication or [on] an adjudication of delinquent conduct of an
39-12    individual enrolled as a student in a public primary or secondary
39-13    school, for an offense or for any conduct listed in Subsection (h)
39-14    of this article, the office of the prosecuting attorney acting in
39-15    the case shall orally notify the superintendent or a person
39-16    designated by the superintendent in the school district in which
39-17    the student is enrolled of the conviction or adjudication.  Oral
39-18    notification must be given within 24 hours of the time of the order
39-19    [determination of guilt,] or on the next school day.  The
39-20    superintendent shall promptly notify all instructional and support
39-21    personnel who have regular contact with the student.  Within seven
39-22    days after the date the oral notice is given, the office of the
39-23    prosecuting attorney shall mail written notice, which must contain
39-24    a statement of the offense of which the individual is convicted or
39-25    on which the adjudication, deferred adjudication, or deferred
39-26    prosecution is grounded.
39-27          SECTION 24.  Subsection (e)(2), Article 15.27, Code of
 40-1    Criminal Procedure, is amended to read as follows:
 40-2                (2)  On conviction, deferred prosecution, or deferred
 40-3    adjudication or an adjudication of delinquent conduct of an
 40-4    individual enrolled as a student in a private primary or secondary
 40-5    school, the office of prosecuting attorney shall make the oral and
 40-6    written notifications described by Subsection (b) of this article
 40-7    to the principal or a school employee designated by the principal
 40-8    of the school in which the student is enrolled.
 40-9          SECTION 25.  Subsection (g), Article 15.27, Code of Criminal
40-10    Procedure, is amended to read as follows:
40-11          (g)  The office of the prosecuting attorney or the office or
40-12    official designated by the juvenile court shall, within two working
40-13    days, notify the school district that removed a student to a
40-14    disciplinary [an] alternative education program under Section
40-15    37.006, Education Code, if:
40-16                (1)  prosecution of the student's case was refused for
40-17    lack of prosecutorial merit or insufficient evidence and no formal
40-18    proceedings, deferred adjudication, or deferred prosecution will be
40-19    initiated; or
40-20                (2)  the court or jury found the student not guilty or
40-21    made a finding the child did not engage in delinquent conduct or
40-22    conduct indicating a need for supervision and the case was
40-23    dismissed with prejudice.
40-24          SECTION 26.  Section 164.006, Health and Safety Code, is
40-25    amended to read as follows:
40-26          Sec. 164.006.  SOLICITING AND CONTRACTING WITH CERTAIN
40-27    REFERRAL SOURCES.  A treatment facility or a person employed or
 41-1    under contract with a treatment facility, if acting on behalf of
 41-2    the treatment facility, may not:
 41-3                (1)  contact a referral source or potential client for
 41-4    the purpose of soliciting, directly or indirectly, a referral of a
 41-5    patient to the treatment facility without disclosing its soliciting
 41-6    agent's, employee's, or contractor's affiliation with the treatment
 41-7    facility;
 41-8                (2)  offer to provide or provide mental health or
 41-9    chemical dependency services to a public or private school in this
41-10    state, on a part-time or full-time basis, the services of any of
41-11    its employees or agents who make, or are in a position to make, a
41-12    referral, if the services are provided on an individual basis to
41-13    individual students or their families.  Nothing herein prohibits a
41-14    treatment facility from:
41-15                      (A)  offering or providing educational programs
41-16    in group settings to public schools in this state if the
41-17    affiliation between the educational program and the treatment
41-18    facility is disclosed;
41-19                      (B)  providing counseling services to a public
41-20    school in this state in an emergency or crisis situation if the
41-21    services are provided in response to a specific request by a
41-22    school;  provided that, under no circumstances may a student be
41-23    referred to the treatment facility offering the services; or
41-24                      (C)  entering into a contract under Section
41-25    464.020 with the board of trustees of a school district with a
41-26    disciplinary [an] alternative education program [under Section
41-27    464.020], or with the board's designee, for the provision of
 42-1    chemical dependency treatment services;
 42-2                (3)  provide to an entity of state or local government,
 42-3    on a part-time or full-time basis, the mental health or chemical
 42-4    dependency services of any of its employees, agents, or contractors
 42-5    who make or are in a position to make referrals unless:
 42-6                      (A)  the treatment facility discloses to the
 42-7    governing authority of the entity:
 42-8                            (i)  the employee's, agent's, or
 42-9    contractor's relationship to the facility; and
42-10                            (ii)  the fact that the employee, agent, or
42-11    contractor might make a referral, if permitted, to the facility;
42-12    and
42-13                      (B)  the employee, agent, or contractor makes a
42-14    referral only if:
42-15                            (i)  the treatment facility obtains the
42-16    governing authority's authorization in writing for the employee,
42-17    agent, or contractor to make the referrals; and
42-18                            (ii)  the employee, agent, or contractor
42-19    discloses to the prospective patient the employee's, agent's, or
42-20    contractor's relationship to the facility at initial contact; or
42-21                (4)  in relation to intervention and assessment
42-22    services, contract with, offer to remunerate, or remunerate a
42-23    person who operates an intervention and assessment service that
42-24    makes referrals to a treatment facility for inpatient treatment of
42-25    mental illness or chemical dependency unless the intervention and
42-26    assessment service is:
42-27                      (A)  operated by a community mental health and
 43-1    mental retardation center funded by the Texas Department of Mental
 43-2    Health and Mental Retardation;
 43-3                      (B)  operated by a county or regional medical
 43-4    society;
 43-5                      (C)  a qualified mental health referral service
 43-6    as defined by Section 164.007; or
 43-7                      (D)  owned and operated by a nonprofit or
 43-8    not-for-profit organization offering counseling concerning family
 43-9    violence, help for runaway children, or rape.
43-10          SECTION 27. Section 464.020, Health and Safety Code, is
43-11    amended to read as follows:
43-12          Sec. 464.020.  ADDITIONAL REQUIREMENTS FOR DISCIPLINARY
43-13    ALTERNATIVE EDUCATION TREATMENT PROGRAMS.  (a)  A disciplinary [An]
43-14    alternative education program under Section 37.008, Education Code,
43-15    may apply for a license under this chapter to offer chemical
43-16    dependency treatment services.
43-17          (b)  The board of trustees of a school district with a
43-18    disciplinary [an] alternative education program, or the board's
43-19    designee, shall employ a mental health professional, as defined by
43-20    Section 164.003, to provide the services authorized by a license
43-21    issued under this chapter to the disciplinary alternative education
43-22    program.
43-23          (c)  The commission may not issue a license that authorizes a
43-24    disciplinary [an] alternative education program to provide
43-25    detoxification or residential services.
43-26          (d)  The board of trustees of a school district with a
43-27    disciplinary [an] alternative education program, or the board's
 44-1    designee, may contract with a private treatment facility or a
 44-2    person employed by or under contract with a private treatment
 44-3    facility to provide chemical dependency treatment services.  The
 44-4    contract may not permit the services to be provided at a site that
 44-5    offers detoxification or residential services.  Section 164.006
 44-6    applies to a contract made under this section.
 44-7          SECTION 28.  Sections 37.006(c) and 37.010(b), Education
 44-8    Code, are repealed.
 44-9          SECTION 29.  (a)  This Act applies beginning with the
44-10    2001-2002 school year, except that the commissioner of education
44-11    shall make the initial certification under Section 37.008(p) not
44-12    later than July 1, 2001, or on the date this Act takes effect,
44-13    whichever is later.
44-14          (b)  The changes in law made by this Act relating to conduct
44-15    for which a student may be removed to a disciplinary alternative
44-16    education program or expelled apply to conduct that occurs on or
44-17    after the effective date of this Act.
44-18          SECTION 30.  This Act takes effect immediately if it receives
44-19    a vote of two-thirds of all the members elected to each house, as
44-20    provided by Section 39, Article III, Texas Constitution.  If this
44-21    Act does not receive the vote necessary for immediate effect, this
44-22    Act takes effect September 1, 2001.