78R4715 KKA-D


By:  Pitts                                                        H.B. No. 1314



A BILL TO BE ENTITLED

AN ACT

relating to placement of certain students in alternative education 
programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 37, Education Code, is 
amended by adding Section 37.0081 to read as follows:
	Sec. 37.0081.  PLACEMENT OF CERTAIN STUDENTS IN ALTERNATIVE 
EDUCATION PROGRAMS.  (a)  Notwithstanding any other provision of 
this subchapter, the board of trustees of a school district, or the 
board's designee, after an opportunity for a hearing may elect to 
place a student in an alternative education program under Section 
37.008 if:
		(1)  the student:                                                      
			(A)  has received deferred prosecution under 
Section 53.03, Family Code, for conduct defined as a felony offense 
in Title 5, Penal Code; or
			(B)  has been found by a court or jury to have  
engaged in delinquent conduct under Section 54.03, Family Code, for 
conduct defined as a felony offense in Title 5, Penal Code; and
		(2)  the board or the board's designee determines that 
the student's presence in the regular classroom:
			(A)  threatens the safety of other students or 
teachers;            
			(B)  will be detrimental to the educational 
process; or             
			(C)  is not in the best interests of the 
district's students.       
	(b)  Any decision of the board of trustees or the board's 
designee under this section is final and may not be appealed.
	(c)  The board of trustees or the board's designee may order 
placement in accordance with this section regardless of:
		(1)  the date on which the student's conduct occurred;                 
		(2)  the location at which the conduct occurred;                       
		(3)  whether the conduct occurred while the student was 
enrolled in the district; or
		(4)  whether the student has successfully completed any 
court disposition requirements imposed in connection with the 
conduct.
	(d)  Notwithstanding Section 37.009(c), the board of 
trustees or the board's designee may order placement in accordance 
with this section for any period considered necessary by the board 
or the board's designee in connection with the determination made 
under Subsection (a)(2).  A student placed in an alternative 
education program in accordance with this section is entitled to 
the periodic review prescribed by Section 37.009(e).
	SECTION 2.  Section 37.0081, Education Code, as added by 
this Act, applies to any student who attends school on or after the 
effective date of this Act and who engaged in conduct described by 
that section, regardless of the date on which the conduct occurred.
	SECTION 3.  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.