78R5718 BDH-D

By:  Turner                                                       H.B. No. 1739



A BILL TO BE ENTITLED

AN ACT

relating to the expulsion of certain public school students.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.007, Education Code, is amended by 
adding Subsection (i) to read as follows:
	(i)  If a school district determines that a student's conduct  
cited as grounds for expulsion under this section is possibly 
related to a disability of the student, the district may not expel 
the student unless the district assesses the student to determine 
whether:
		(1)  the student has a disability that requires special 
education services; and
		(2)  the disability contributed to the student's 
conduct.            
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	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.