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.