78R1161 CAS-D
By: Dutton H.B. No. 368
A BILL TO BE ENTITLED
AN ACT
relating to the placement of a public school student in an
alternative education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.009(a) and (b), Education Code, are
amended to read as follows:
(a) If [Not later than the third class day after the day on
which] a student is removed from class by the teacher under Section
37.002(b) or (d) or by the school principal or other appropriate
administrator under Section 37.006, unless the principal does not
intend to place the student in an alternative education program or
intends to place the student in an alternative education program
for fewer than three consecutive school days, as soon as
practicable after the student's removal, the principal or the
principal's designee shall notify the superintendent of the school
district or the superintendent's designee of the student's removal.
The superintendent or the superintendent's designee [the principal
or other appropriate administrator] shall schedule a conference
among the board of trustees of the district or the board's designee,
as provided by policy of the board, the principal or other
appropriate administrator of the student's school, a parent or
guardian of the student, the teacher removing the student from
class, if any, and the student. The conference must be held not
later than the third school day after the date the student was
removed from class. At the conference, the student is entitled to
written or oral notice of the reasons for the removal, an
explanation of the basis for the removal, and an opportunity to
respond to the reasons for the removal. The student may not be
returned to the regular classroom pending the conference.
Following the conference, and whether the student, the student's
parent or guardian, or the student's teacher [or not each requested
person] is in attendance after valid attempts to require the
person's attendance, the board or the board's designee [principal]
shall order the placement of the student as provided by Section
37.002 or 37.006, as applicable, for a period consistent with the
student code of conduct.
(b) [If a student's placement in an alternative education
program is to extend beyond the end of the next grading period, a
student's parent or guardian is entitled to notice of and an
opportunity to participate in a proceeding before the board of
trustees of the school district or the board's designee, as
provided by policy of the board of trustees of the district.] Any
decision of the board or the board's designee under Subsection (a)
[this subsection] is final and may not be appealed.
SECTION 2. Section 37.010(a), Education Code, is amended to
read as follows:
(a) Not later than the second business day after the date a
conference or hearing is held under Section 37.009, the board of
trustees of a school district or the board's designee shall deliver
a copy of the order placing a student in an alternative education
program under Section 37.006 or expelling a student under Section
37.007 and any information required under Section 52.04, Family
Code, to the authorized officer of the juvenile court in the county
in which the student resides. In a county that operates a program
under Section 37.011, an expelled student shall to the extent
provided by law or by the memorandum of understanding immediately
attend the educational program from the date of expulsion;
provided, however, that in a county with a population greater than
125,000 every expelled student who is not detained or receiving
treatment under an order of the juvenile court must be enrolled in
an educational program.
SECTION 3. This Act applies beginning with the 2003-2004
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.