By: Pitts (Senate Sponsor - Averitt) H.B. No. 1314
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on
Education; May 26, 2003, reported favorably by the following vote:
Yeas 6, Nays 0, 2 present not voting; May 26, 2003, sent to
printer.)
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.
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