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.