By: West S.B. No. 1181
(In the Senate - Filed March 11, 2003; March 19, 2003, read
first time and referred to Committee on Education; May 13, 2003,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 6, Nays 0; May 13, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1181 By: West
A BILL TO BE ENTITLED
AN ACT
relating to student discipline in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.131 to read as follows:
Sec. 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY
ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF STUDENTS. (a) An
open-enrollment charter school may not remove a student to a
disciplinary alternative education program or expel a student
unless the school complies with the provisions of Subchapter A,
Chapter 37, relating to a removal to a disciplinary alternative
education program or to expulsion, as applicable.
(b) An open-enrollment charter school that elects to expel
students may not expel a student for a reason that is not authorized
by Section 37.007. An open-enrollment charter school that elects
to remove students to a disciplinary alternative education program
must comply with requirements for the program under Section 37.008.
This section does not require a charter school to employ a certified
teacher in a disciplinary alternative education program.
(c) An open-enrollment charter school that enrolls a
student who was removed to a disciplinary alternative education
program or expelled by another open-enrollment charter school or by
a school district:
(1) may take any action permitted under Section
37.008(j), if the school has a disciplinary alternative education
program that complies with Subchapter A, Chapter 37; or
(2) may take any action permitted under Section
37.010(g), if the school has an expulsion policy that complies with
Subchapter A, Chapter 37.
SECTION 2. Subsection (d), Section 25.001, Education Code,
is amended to read as follows:
(d) For a person under the age of 18 years to establish a
residence for the purpose of attending the public schools separate
and apart from the person's parent, guardian, or other person
having lawful control of the person under a court order, it must be
established that the person's presence in the school district is
not for the primary purpose of participation in extracurricular
activities. The board of trustees shall determine whether an
applicant for admission is a resident of the school district for
purposes of attending the public schools and may adopt reasonable
guidelines for making a determination as necessary to protect the
best interests of students. The board of trustees is not required
to admit a person under this subsection if the person:
(1) has engaged in conduct or misbehavior within the
preceding year that has resulted in:
(A) removal to a disciplinary [an] alternative
education program; or
(B) expulsion;
(2) has engaged in delinquent conduct or conduct in
need of supervision and is on probation or other conditional
release for that conduct; or
(3) has been convicted of a criminal offense and is on
probation or other conditional release.
SECTION 3. Subsection (d), Section 25.085, Education Code,
is amended to read as follows:
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(1) an extended-year program for which the student is
eligible that is provided by the district for students identified
as likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to
which the student is assigned under Section 28.006(g);
(3) an accelerated instruction program to which the
student is assigned under Section 28.0211; [or]
(4) a basic skills program to which the student is
assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l)
or Section 37.021.
SECTION 4. Section 37.001, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The board of trustees of an independent school district
shall, with the advice of its district-level committee established
under Subchapter F, Chapter 11 [Section 11.251], adopt a student
code of conduct for the district. The student code of conduct must
be posted and prominently displayed at each school campus. In
addition to establishing standards for student conduct, the student
code of conduct must:
(1) specify the circumstances, in accordance with this
subchapter, under which a student may be removed from a classroom,
campus, or disciplinary alternative education program;
(2) specify conditions that authorize or require a
principal or other appropriate administrator to transfer a student
to a disciplinary [an] alternative education program; [and]
(3) outline conditions under which a student may be
suspended as provided by Section 37.005 or expelled as provided by
Section 37.007;
(4) specify whether consideration is given to
self-defense as a factor in a decision to order suspension, removal
to a disciplinary alternative education program, or expulsion;
(5) provide guidelines for setting the length of a
term of:
(A) a removal under Section 37.006; and
(B) an expulsion under Section 37.007; and
(6) address the notification of a student's parent or
guardian of a violation of the student code of conduct committed by
the student that results in suspension, removal to a disciplinary
alternative education program, or expulsion.
(d) Each school year, a school district shall provide
parents notice of and information regarding the student code of
conduct.
SECTION 5. Subsections (c) and (d), Section 37.002,
Education Code, are amended to read as follows:
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary [an] alternative education program as provided by
Section 37.008. The principal may not return the student to that
teacher's class without the teacher's consent unless the committee
established under Section 37.003 determines that such placement is
the best or only alternative available. The terms of the removal
may prohibit the student from attending or participating in
school-sponsored or school-related activity.
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary [an] alternative
education program or for expulsion, as appropriate, a student who
engages in conduct described under Section 37.006 or 37.007. The
student may not be returned to that teacher's class without the
teacher's consent unless the committee established under Section
37.003 determines that such placement is the best or only
alternative available.
SECTION 6. Section 37.006, Education Code, is amended by
amending Subsections (a) through (d), (f), (h), and (l) and adding
Subsections (m) and (n) to read as follows:
(a) A [Except as provided by Section 37.007(a)(3) or (b), a]
student shall be removed from class and placed in a disciplinary
[an] alternative education program as provided by Section 37.008 if
the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical [glue or
aerosol paint] under Sections 485.031 through 485.034 [485.035],
Health and Safety Code[, or relating to volatile chemicals under
Chapter 484, Health and Safety Code]; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
(b) Except as provided by Section 37.007(d), a student shall
be removed from class and placed in a disciplinary [an] alternative
education program under Section 37.008 if the student engages in
conduct that contains the elements of the offense of retaliation
under Section 36.06, Penal Code, against any school employee.
(c) In addition to Subsection (a), a student shall be
removed from class and placed in a disciplinary [an] alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the student receives deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code;
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
(3) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in a
conduct defined as a felony offense in Title 5, Penal Code.
(d) In addition to Subsection (a), a student may be removed
from class and placed in a disciplinary [an] alternative education
program under Section 37.008 based on conduct occurring off campus
and while the student is not in attendance at a school-sponsored or
school-related activity if:
(1) the superintendent or the superintendent's
designee has a reasonable belief that the student has engaged in
conduct defined as a felony offense other than those defined in
Title 5, Penal Code; and
(2) the continued presence of the student in the
regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
(f) Subject to Section 37.007(e), a student who is younger
than 10 years of age shall be removed from class and placed in a
disciplinary [an] alternative education program under Section
37.008 if the student engages in conduct described by Section
37.007. An elementary school student may not be placed in a
disciplinary [an] alternative education program with any other
student who is not an elementary school student.
(h) On receipt of notice under Article 15.27(g), Code of
Criminal Procedure, the superintendent or the superintendent's
designee shall review the student's placement in the disciplinary
alternative education program. The student may not be returned to
the regular classroom pending the review. The superintendent or
the superintendent's designee shall schedule a review of the
student's placement with the student's parent or guardian not later
than the third class day after the superintendent or
superintendent's designee receives notice from the office or
official designated by the court. After reviewing the notice and
receiving information from the student's parent or guardian, the
superintendent or the superintendent's designee may continue the
student's placement in the disciplinary alternative education
program if there is reason to believe that the presence of the
student in the regular classroom threatens the safety of other
students or teachers.
(l) Notwithstanding any other provision of this code, a
student who is younger than six years of age may not be removed from
class and placed in a disciplinary [an] alternative education
program.
(m) Removal to a disciplinary alternative education program
under Subsection (a) is not required if the student is expelled
under Section 37.007 for the same conduct for which removal would be
required.
(n) A principal or other appropriate administrator may but
is not required to remove a student to a disciplinary alternative
education program for off-campus conduct for which removal is
required under this section if the principal or other appropriate
administrator does not have knowledge of the conduct before the
first anniversary of the date the conduct occurred.
SECTION 7. Subsection (e), Section 37.007, Education Code,
is amended to read as follows:
(e) In accordance with 20 U.S.C. Section 7151 [federal law],
a local educational agency, including a school district, home-rule
school district, or open-enrollment charter school, shall expel a
student who brings a firearm, as defined by 18 U.S.C. Section 921,
to school. The student must be expelled from the student's regular
campus for a period of at least one year, except that:
(1) the superintendent or other chief administrative
officer of the school district or of the other local educational
agency, as defined by 20 U.S.C. Section 7801 [2891], may modify the
length of the expulsion in the case of an individual student;
(2) the district or other local educational agency
shall provide educational services to an expelled student in a
disciplinary [an] alternative education program as provided by
Section 37.008 if the student is younger than 10 years of age on the
date of expulsion; and
(3) the district or other local educational agency may
provide educational services to an expelled student who is [older
than] 10 years of age or older in a disciplinary [an] alternative
education program as provided in Section 37.008.
SECTION 8. Section 37.008, Education Code, is amended to
read as follows:
Sec. 37.008. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.
(a) Each school district shall provide a disciplinary [an]
alternative education program that:
(1) is provided in a setting other than a student's
regular classroom;
(2) is located on or off of a regular school campus;
(3) provides for the students who are assigned to the
disciplinary alternative education program to be separated from
students who are not assigned to the program;
(4) focuses on English language arts, mathematics,
science, history, and self-discipline;
(5) provides for students' educational and behavioral
needs; [and]
(6) provides supervision and counseling;
(7) operates for the number of days required by
Section 25.081;
(8) requires that to teach in an off-campus
disciplinary alternative education program, each teacher meet all
certification requirements established under Subchapter B, Chapter
21; and
(9) notwithstanding Subdivision (8), requires that to
teach in a disciplinary alternative education program of any kind,
each teacher employed by a school district during the 2003-2004
school year or an earlier school year meet, not later than the
beginning of the 2005-2006 school year, all certification
requirements established under Subchapter B, Chapter 21.
(b) A disciplinary [An] alternative education program may
provide for a student's transfer to:
(1) a different campus;
(2) a school-community guidance center; or
(3) a community-based alternative school.
(c) An off-campus disciplinary alternative education
program is not subject to a requirement imposed by this title, other
than a limitation on liability, a reporting requirement, or a
requirement imposed by this chapter or by Chapter 39.
(d) A school district may provide a disciplinary [an]
alternative education program jointly with one or more other
districts.
(e) Each school district shall cooperate with government
agencies and community organizations that provide services in the
district to students placed in a disciplinary [an] alternative
education program.
(f) A student removed to a disciplinary [an] alternative
education program is counted in computing the average daily
attendance of students in the district for the student's time in
actual attendance in the program.
(g) A school district shall allocate to a disciplinary [an]
alternative education program the same expenditure per student
attending the disciplinary alternative education program,
including federal, state, and local funds, that would be allocated
to the student's school if the student were attending the student's
regularly assigned education program, including a special
education program.
(h) A school district may not place a student, other than a
student suspended as provided under Section 37.005 or expelled as
provided under Section 37.007, in an unsupervised setting as a
result of conduct for which a student may be placed in a
disciplinary [an] alternative education program.
(i) On request of a school district, a regional education
service center may provide to the district information on
developing a disciplinary [an] alternative education program that
takes into consideration the district's size, wealth, and existing
facilities in determining the program best suited to the district.
(j) If a student placed in a disciplinary [an] alternative
education program enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in
which the student enrolls, at the same time other records of the
student are provided, a copy of the placement order. The district
in which the student enrolls may continue the disciplinary
alternative education program placement under the terms of the
order or may allow the student to attend regular classes without
completing the period of placement. A district may take any action
permitted by this subsection if:
(1) the student was placed in a disciplinary
alternative education program by an open-enrollment charter school
under Section 12.131 and the charter school provides to the
district a copy of the placement order; or
(2) the student was placed in a disciplinary
alternative education program by a school district in another state
and:
(A) the out-of-state district provides to the
district a copy of the placement order; and
(B) the grounds for the placement by the
out-of-state district are grounds for placement in the district in
which the student is enrolling.
(j-1) If a student was placed in a disciplinary alternative
education program by a school district in another state for a period
that exceeds one year and a school district in this state in which
the student enrolls continues the placement under Subsection (j),
the district shall reduce the period of the placement so that the
aggregate period does not exceed one year unless, after a review,
the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(k) A program of educational and support services may be
provided to a student and the student's parents when the offense
involves drugs or alcohol as specified under Section 37.006 or
37.007. A disciplinary [An] alternative education program that
provides chemical dependency treatment services must be licensed
under Chapter 464, Health and Safety Code.
(l) A school district is [not] required to provide in the
district's disciplinary alternative education program a course
necessary to fulfill a student's high school graduation
requirements only as provided by this subsection. A school
district shall offer a student removed to a disciplinary
alternative education program an opportunity to complete
coursework sufficient to allow advancement in grade before the
beginning of the next school year. The school district may provide
the student an opportunity to complete coursework through any
method available, including a correspondence course, distance
learning, or summer school. The district may not charge the student
for a course provided under this subsection [other than a course
specified by Subsection (a)].
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner, but must include student
performance on assessment instruments required under Sections
39.023(a) and (c). Academically, the mission of disciplinary
alternative education programs shall be to enable students to
perform at grade level.
(m-1) The commissioner shall develop a process for
evaluating a school district disciplinary alternative education
program electronically. The commissioner shall also develop a
system and standards for review of the evaluation or use systems
already available at the agency. The system must be designed to
identify districts that are at high risk of having inaccurate
disciplinary alternative education program data or of failing to
comply with disciplinary alternative education program
requirements and that, as a result, require on-site monitoring of
disciplinary alternative education program records or of the
disciplinary alternative education program. If the electronic
evaluation of a district's disciplinary alternative education
program indicates that a district is not at high risk of having
inaccurate disciplinary alternative education program records or
of failing to comply with disciplinary alternative education
program requirements, the district may not be subject to on-site
monitoring under this subsection. If the risk-based system
indicates that a district is at high risk of having inaccurate
disciplinary alternative education program records or of failing to
comply with disciplinary alternative education program
requirements, the district is entitled to an opportunity to respond
to the commissioner's determination before on-site monitoring may
be conducted. The district must respond not later than the 30th day
after the date the commissioner notifies the district of the
commissioner's determination. If the district's response does not
change the commissioner's determination that the district is at
high risk of having inaccurate disciplinary alternative education
program records or of failing to comply with disciplinary
alternative education program requirements or if the district does
not respond in a timely manner, the commissioner shall order agency
staff to conduct on-site monitoring of the district's disciplinary
alternative education program records or of the district's
disciplinary alternative education program, as appropriate. The
commissioner shall notify the board of trustees of a district of any
objection the commissioner has to the district's disciplinary
alternative education program data or of a violation of a law or
rule revealed by the data, including any violation of disciplinary
alternative education program requirements, or of any
recommendation by the commissioner concerning the data. If the
data reflect that a penal law has been violated, the commissioner
shall notify the county attorney, district attorney, or criminal
district attorney, as appropriate, and the attorney general. The
commissioner is entitled to access to all district records the
commissioner considers necessary or appropriate for the review,
analysis, or approval of disciplinary alternative education
program data.
(n) A school district may not, under a policy, contract, or
other agreement with or for the benefit of a third party, agree to:
(1) remove a minimum number of students to a
disciplinary alternative education program during the course of a
school year; or
(2) place students in a disciplinary alternative
education program for a minimum number of days.
SECTION 9. Section 37.009, Education Code, is amended by
amending Subsections (a) through (e), (g), and (h) and adding
Subsections (i) and (j) to read as follows:
(a) 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 37.001(a)(2) or 37.006, the principal
or other appropriate administrator shall schedule a conference
among the principal or other appropriate administrator, a parent or
guardian of the student, the teacher removing the student from
class, if any, and the student. 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 or not each requested person
is in attendance after valid attempts to require the person's
attendance, the 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. If the period
of the placement is inconsistent with the guidelines included in
the student code of conduct under Section 37.001(a)(5), the order
must give notice of the inconsistency. The period of the placement
may not exceed one year unless, after a review, the district
determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
(b) If a student's placement in a disciplinary [an]
alternative education program is to extend beyond 60 days or the end
of the next grading period, whichever is earlier, 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 this subsection is final and may not be
appealed.
(c) Before it may place a student in a disciplinary [an]
alternative education program for a period that extends beyond the
end of the school year, the board or the board's designee must
determine that:
(1) the student's presence in the regular classroom
program or at the student's regular campus presents a danger of
physical harm to the student or to another individual; or
(2) the student has engaged in serious or persistent
misbehavior that violates the district's student code of conduct.
(d) The board or the board's designee shall set a term for a
student's placement in a disciplinary [an] alternative education
program. If the period of the placement is inconsistent with the
guidelines included in the student code of conduct under Section
37.001(a)(5), the order must give notice of the inconsistency. The
period of the placement may not exceed one year unless, after a
review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student [under Section 37.002 or 37.006].
(e) A student placed in a disciplinary [an] alternative
education program [under Section 37.002 or 37.006] shall be
provided a review of the student's status, including a review of the
student's academic status, by the board's designee at intervals not
to exceed 60 [120] days. In the case of a high school student, the
board's designee, with the student's parent or guardian, shall
review the student's progress towards meeting high school
graduation requirements and shall establish a specific graduation
plan for the student. The district is not required under this
subsection to provide a course in the district's disciplinary
alternative education program except as required by Section
37.008(l) [a course not specified under Section 37.008(a)]. At the
review, the student or the student's parent or guardian must be
given the opportunity to present arguments for the student's return
to the regular classroom or campus. The student may not be returned
to the classroom of the teacher who removed the student without that
teacher's consent. The teacher may not be coerced to consent.
(g) The board or the board's designee shall deliver to the
student and the student's parent or guardian a copy of the order
placing the student in a disciplinary [an] alternative education
program under Section 37.001, 37.002, or 37.006 or expelling the
student under Section 37.007.
(h) If the period of an expulsion is inconsistent with the
guidelines included in the student code of conduct under Section
37.001(a)(5), the order must give notice of the inconsistency. The
period of an expulsion may not exceed one year unless, after a
review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student. After a school district notifies the parents or guardians
of a student that the student has been expelled, the parent or
guardian shall provide adequate supervision of the student during
the period of expulsion.
(i) If a student withdraws from the district before an order
for placement in a disciplinary alternative education program or
expulsion is entered under this section, the principal or board, as
appropriate, may complete the proceedings and enter an order. If
the student subsequently enrolls in the district during the same or
subsequent school year, the district may enforce the order at that
time except for any period of the placement or expulsion that has
been served by the student on enrollment in another district that
honored the order. If the principal or board fails to enter an
order after the student withdraws, the next district in which the
student enrolls may complete the proceedings and enter an order.
(j) If, during the term of a placement or expulsion ordered
under this section, a student engages in additional conduct for
which placement in a disciplinary alternative education program or
expulsion is required or permitted, additional proceedings may be
conducted under this section regarding that conduct and the
principal or board, as appropriate, may enter an additional order
as a result of those proceedings.
SECTION 10. Section 37.010, Education Code, is amended by
amending Subsections (a) and (c) through (g) and adding Subsection
(g-1) to read as follows:
(a) Not later than the second business day after the date a
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 a disciplinary [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, except[; 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.
(c) Unless the juvenile board for the county in which the
district's central administrative office is located has entered
into a memorandum of understanding with the district's board of
trustees concerning the juvenile probation department's role in
supervising and providing other support services for students in
disciplinary alternative education programs, a court may not order
a student expelled under Section 37.007 to attend a regular
classroom, a regular campus, or a school district disciplinary
alternative education program as a condition of probation.
(d) Unless the juvenile board for the county in which the
district's central administrative office is located has entered
into a memorandum of understanding as described by Subsection (c),
if a court orders a student to attend a disciplinary [an]
alternative education program as a condition of probation once
during a school year and the student is referred to juvenile court
again during that school year, the juvenile court may not order the
student to attend a disciplinary [an] alternative education program
in a district without the district's consent until the student has
successfully completed any sentencing requirements the court
imposes.
(e) Any placement in a disciplinary [an] alternative
education program by a court under this section must prohibit the
student from attending or participating in school-sponsored or
school-related activities.
(f) If a student is expelled under Section 37.007, on the
recommendation of the committee established under Section 37.003 or
on its own initiative, a district may readmit the student while the
student is completing any court disposition requirements the court
imposes. After the student has successfully completed any court
disposition requirements the court imposes, including conditions
of a deferred prosecution ordered by the court, or such conditions
required by the prosecutor or probation department, if the student
meets the requirements for admission into the public schools
established by this title, a district may not refuse to admit the
student, but the district may place the student in the disciplinary
alternative education program. Notwithstanding Section 37.002(d),
the student may not be returned to the classroom of the teacher
under whose supervision the offense occurred without that teacher's
consent. The teacher may not be coerced to consent.
(g) If an expelled student enrolls in another school
district, the board of trustees of the district that expelled the
student shall provide to the district in which the student enrolls,
at the same time other records of the student are provided, a copy
of the expulsion order and the referral to the authorized officer of
the juvenile court. The district in which the student enrolls may
continue the expulsion under the terms of the order, may place the
student in a disciplinary [an] alternative education program for
the period specified by the expulsion order, or may allow the
student to attend regular classes without completing the period of
expulsion. A district may take any action permitted by this
subsection if:
(1) the student was expelled by an open-enrollment
charter school under Section 12.131 and the charter school provides
to the district a copy of the expulsion order; or
(2) the student was expelled by a school district in
another state if:
(A) the out-of-state district provides to the
district a copy of the expulsion order; and
(B) the grounds for the expulsion are also
grounds for expulsion in the district in which the student is
enrolling.
(g-1) If a student was expelled by a school district in
another state for a period that exceeds one year and a school
district in this state continues the expulsion or places the
student in a disciplinary alternative education program under
Subsection (g), the district shall reduce the period of the
expulsion or placement so that the aggregate period does not exceed
one year unless, after a review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
SECTION 11. Section 37.011, Education Code, is amended by
amending Subsections (a), (b), (h), (k), and (l) and adding
Subsection (k-1) to read as follows:
(a) The juvenile board of a county with a population greater
than 125,000 shall develop a juvenile justice alternative education
program, subject to the approval of the Texas Juvenile Probation
Commission. The juvenile board of a county with a population of
125,000 or less may develop a juvenile justice alternative
education program. For the purposes of this subchapter, only a
disciplinary alternative education program operated under the
authority of a juvenile board of a county is considered a juvenile
justice alternative education program. A juvenile justice
alternative education program in a county with a population of
125,000 or less:
(1) is not required to be approved by the Texas
Juvenile Probation Commission; and
(2) is not subject to Subsection (c), (d), (f), or (g).
(b) If a student is expelled from school for conduct for
which expulsion is required under Section 37.007(a), (d), or (e),
the juvenile court shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution; and
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student.
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. For purposes of accountability under
Chapter 39, a student enrolled in a juvenile justice alternative
education program is reported as if the student were enrolled at the
student's assigned campus in the student's regularly assigned
education program, including a special education program. Annually
the Texas Juvenile Probation Commission, with the agreement of the
commissioner, shall develop and implement a system of
accountability consistent with Chapter 39, where appropriate, to
assure that students make progress toward grade level while
attending a juvenile justice alternative education program. The
Texas Juvenile Probation Commission shall adopt rules for the
distribution of funds appropriated under this section to juvenile
boards in counties required to establish juvenile justice
alternative education programs. Except as determined by the
commissioner, a student served by a juvenile justice alternative
education program on the basis of an expulsion required under
Section 37.007(a), (d), or (e) is not eligible for Foundation
School Program funding under Chapter 42 or 31 if the juvenile
justice alternative education program receives funding from the
Texas Juvenile Probation Commission under this subchapter.
(k) Each school district in a county with a population
greater than 125,000 and the county juvenile board shall annually
enter into a joint memorandum of understanding that:
(1) outlines the responsibilities of the juvenile
board concerning the establishment and operation of a juvenile
justice alternative education program under this section;
(2) defines the amount and conditions on payments from
the school district to the juvenile board for students of the school
district served in the juvenile justice alternative education
program whose placement was not made on the basis of an expulsion
required under Section 37.007(a), (d), or (e);
(3) identifies those categories of conduct that the
school district has defined in its student code of conduct as
constituting serious or persistent misbehavior for which a student
may be placed in the juvenile justice alternative education
program;
(4) identifies and requires a timely placement and
specifies a term of placement for expelled students for whom the
school district has received a notice under Section 52.041(d),
Family Code;
(5) establishes services for the transitioning of
expelled students to the school district prior to the completion of
the student's placement in the juvenile justice alternative
education program;
(6) establishes a plan that provides transportation
services for students placed in the juvenile justice alternative
education program;
(7) establishes the circumstances and conditions
under which a juvenile may be allowed to remain in the juvenile
justice alternative education program setting once the juvenile is
no longer under juvenile court jurisdiction; and
(8) establishes a plan to address special education
services required by law.
(k-1) Unless otherwise agreed to in writing, an
open-enrollment charter school that elects to expel students under
Section 12.131 is subject to a memorandum of understanding entered
into under Subsection (k) between the school district in which the
open-enrollment charter school campus is located and the county
juvenile board.
(l) The school district or open-enrollment charter school,
as applicable, shall be responsible for providing an immediate
educational program to students who engage in behavior resulting in
expulsion under Section 37.007(b), (c), and (f) but who are not
eligible for admission into the juvenile justice alternative
education program in accordance with the memorandum of
understanding required under this section. The school district may
provide the program or the school district may contract with a
county juvenile board, a private provider, or one or more other
school districts to provide the program. The memorandum of
understanding shall address the circumstances under which such
students who continue to engage in serious or persistent
misbehavior shall be admitted into the juvenile justice alternative
education program.
SECTION 12. Section 37.012, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Subject to Section 37.011(n), the school district in
which a student is enrolled on the date the student is expelled for
conduct for which expulsion is permitted but not required under
Section 37.007 [on a basis other than Section 37.007(a), (d), or
(e)] shall, if the student is served by the juvenile justice
alternative education program, provide funding to the juvenile
board for the portion of the school year for which the juvenile
justice alternative education program provides educational
services in an amount determined by the memorandum of understanding
under Section 37.011(k)(2).
(d) A school district is not required to provide funding to
a juvenile board for a student who is assigned by a court to a
juvenile justice alternative education program but who has not been
expelled.
SECTION 13. Section 37.013, Education Code, is amended to
read as follows:
Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
JUVENILE BOARDS. The board of trustees of the school district or
the board's designee shall at the call of the president of the board
of trustees regularly meet with the juvenile board for the county in
which the district's central administrative office is located or
the juvenile board's designee concerning supervision and
rehabilitative services appropriate for expelled students and
students assigned to disciplinary alternative education programs.
Matters for discussion shall include service by probation officers
at the disciplinary alternative education program site,
recruitment of volunteers to serve as mentors and provide tutoring
services, and coordination with other social service agencies.
SECTION 14. Subsections (a) and (c), Section 37.019,
Education Code, are amended to read as follows:
(a) This subchapter does not prevent the principal or the
principal's designee from ordering the immediate placement of a
student in a disciplinary [the] alternative education program if
the principal or the principal's designee reasonably believes the
student's behavior is so unruly, disruptive, or abusive that it
seriously interferes with a teacher's ability to communicate
effectively with the students in a class, with the ability of the
student's classmates to learn, or with the operation of school or a
school-sponsored activity.
(c) At the time of an emergency placement or expulsion, the
student shall be given oral notice of the reason for the action.
The reason must be a reason for which placement in a disciplinary
alternative education program or expulsion may be made on a
nonemergency basis. Within a reasonable time after the emergency
placement or expulsion, but not later than the 10th day after the
date of the placement or expulsion, the student shall be accorded
the appropriate due process as required under Section 37.009. If
the student subject to the emergency placement or expulsion is a
student with disabilities who receives special education services,
the [term of the student's] emergency placement or expulsion is
subject to federal law and regulations and must be consistent with
the consequences that would apply under this subchapter to a
student without a disability [the requirements of 20 U.S.C. Section
1415(j) and (k)].
SECTION 15. Section 37.020, Education Code, is amended to
read as follows:
Sec. 37.020. REPORTS RELATING TO EXPULSIONS AND
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a) In
the manner required by the commissioner, each school district shall
annually report to the commissioner the information required by
this section.
(b) For[:
[(1) for] each placement in a disciplinary [an]
alternative education program established under Section 37.008,
the district shall report:
(1) [(A)] information identifying the student,
including the student's race, sex, and date of birth, that will
enable the agency to compare placement data with information
collected through other reports;
(2) [(B)] information indicating whether the
placement was based on:
(A) [(i)] conduct violating the student code of
conduct adopted under Section 37.001;
(B) [(ii)] conduct for which a student may be
removed from class under Section 37.002(b);
(C) [(iii)] conduct for which placement in a
disciplinary [an] alternative education program is required by
Section 37.006; or
(D) [(iv)] conduct occurring while a student was
enrolled in another district and for which placement in a
disciplinary [an] alternative education program is permitted by
Section 37.008(j); [and]
(3) [(C)] the number of full or partial days the
student was assigned to the program and the number of full or
partial days the student attended the program; and
(4) the number of placements that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
(c) For [(2) for] each expulsion under Section 37.007, the
district shall report:
(1) [(A)] information identifying the student,
including the student's race, sex, and date of birth, that will
enable the agency to compare placement data with information
collected through other reports;
(2) [(B)] information indicating whether the
expulsion was based on:
(A) [(i)] conduct for which expulsion is
required under Section 37.007, including information specifically
indicating whether a student was expelled on the basis of Section
37.007(e); or
(B) [(ii)] conduct[, other than conduct
described by Subparagraph (iii),] for which expulsion is permitted
under Section 37.007; [or
[(iii) serious or persistent misbehavior
occurring while the student was placed in an alternative education
program;]
(3) [(C)] the number of full or partial days the
student was expelled; [and]
(4) [(D)] information indicating whether:
(A) [(i)] the student was placed in a juvenile
justice alternative education program under Section 37.011;
(B) [(ii)] the student was placed in a
disciplinary [an] alternative education program; or
(C) [(iii)] the student was not placed in a
juvenile justice or other disciplinary alternative education
program; and
(5) the number of expulsions that were inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5).
SECTION 16. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.021 to read as follows:
Sec. 37.021. OPPORTUNITY TO COMPLETE COURSES DURING
IN-SCHOOL AND CERTAIN OTHER PLACEMENTS. (a) If a school district
removes a student from the regular classroom and places the student
in in-school suspension or another setting other than a
disciplinary alternative education program, the district shall
offer the student the opportunity to complete before the beginning
of the next school year each course in which the student was
enrolled at the time of the removal.
(b) The district may provide the opportunity to complete
courses by any method available, including a correspondence course,
distance learning, or summer school.
SECTION 17. Subsection (b), Section 37.121, Education Code,
is amended to read as follows:
(b) A school district board of trustees or an educator shall
recommend placing in a disciplinary [an] alternative education
program any student under the person's control who violates
Subsection (a).
SECTION 18. Subsection (e), Section 39.053, Education
Code, is amended to read as follows:
(e) The report may include the following information:
(1) student information, including total enrollment,
enrollment by ethnicity, socioeconomic status, and grade groupings
and retention rates;
(2) financial information, including revenues and
expenditures;
(3) staff information, including number and type of
staff by gender, ethnicity, years of experience, and highest degree
held, teacher and administrator salaries, and teacher turnover;
(4) program information, including student enrollment
by program, teachers by program, and instructional operating
expenditures by program; and
(5) the number of students placed in a disciplinary
[an] alternative education program under Chapter 37.
SECTION 19. Subsection (b), Article 15.27, Code of
Criminal Procedure, is amended to read as follows:
(b) On conviction, deferred prosecution, or deferred
adjudication or [on] an adjudication of delinquent conduct of an
individual enrolled as a student in a public primary or secondary
school, for an offense or for any conduct listed in Subsection (h)
of this article, the office of the prosecuting attorney acting in
the case shall orally notify the superintendent or a person
designated by the superintendent in the school district in which
the student is enrolled of the conviction or adjudication. Oral
notification must be given within 24 hours of the time of the order
[determination of guilt,] or on the next school day. The
superintendent shall promptly notify all instructional and support
personnel who have regular contact with the student. Within seven
days after the date the oral notice is given, the office of the
prosecuting attorney shall mail written notice, which must contain
a statement of the offense of which the individual is convicted or
on which the adjudication, deferred adjudication, or deferred
prosecution is grounded.
SECTION 20. Subdivision (2), Subsection (e), Article 15.27,
Code of Criminal Procedure, is amended to read as follows:
(2) On conviction, deferred prosecution, or deferred
adjudication or an adjudication of delinquent conduct of an
individual enrolled as a student in a private primary or secondary
school, the office of prosecuting attorney shall make the oral and
written notifications described by Subsection (b) of this article
to the principal or a school employee designated by the principal of
the school in which the student is enrolled.
SECTION 21. Subsection (g), Article 15.27, Code of
Criminal Procedure, is amended to read as follows:
(g) The office of the prosecuting attorney or the office or
official designated by the juvenile board shall, within two working
days, notify the school district that removed a student to a
disciplinary [an] alternative education program under Section
37.006, Education Code, if:
(1) prosecution of the student's case was refused for
lack of prosecutorial merit or insufficient evidence and no formal
proceedings, deferred adjudication, or deferred prosecution will
be initiated; or
(2) the court or jury found the student not guilty or
made a finding the child did not engage in delinquent conduct or
conduct indicating a need for supervision and the case was
dismissed with prejudice.
SECTION 22. Section 164.006, Health and Safety Code, is
amended to read as follows:
Sec. 164.006. SOLICITING AND CONTRACTING WITH CERTAIN
REFERRAL SOURCES. A treatment facility or a person employed or
under contract with a treatment facility, if acting on behalf of the
treatment facility, may not:
(1) contact a referral source or potential client for
the purpose of soliciting, directly or indirectly, a referral of a
patient to the treatment facility without disclosing its soliciting
agent's, employee's, or contractor's affiliation with the treatment
facility;
(2) offer to provide or provide mental health or
chemical dependency services to a public or private school in this
state, on a part-time or full-time basis, the services of any of its
employees or agents who make, or are in a position to make, a
referral, if the services are provided on an individual basis to
individual students or their families. Nothing herein prohibits a
treatment facility from:
(A) offering or providing educational programs
in group settings to public schools in this state if the affiliation
between the educational program and the treatment facility is
disclosed;
(B) providing counseling services to a public
school in this state in an emergency or crisis situation if the
services are provided in response to a specific request by a school;
provided that, under no circumstances may a student be referred to
the treatment facility offering the services; or
(C) entering into a contract under Section
464.020 with the board of trustees of a school district with a
disciplinary [an] alternative education program [under Section
464.020], or with the board's designee, for the provision of
chemical dependency treatment services;
(3) provide to an entity of state or local government,
on a part-time or full-time basis, the mental health or chemical
dependency services of any of its employees, agents, or contractors
who make or are in a position to make referrals unless:
(A) the treatment facility discloses to the
governing authority of the entity:
(i) the employee's, agent's, or
contractor's relationship to the facility; and
(ii) the fact that the employee, agent, or
contractor might make a referral, if permitted, to the facility;
and
(B) the employee, agent, or contractor makes a
referral only if:
(i) the treatment facility obtains the
governing authority's authorization in writing for the employee,
agent, or contractor to make the referrals; and
(ii) the employee, agent, or contractor
discloses to the prospective patient the employee's, agent's, or
contractor's relationship to the facility at initial contact; or
(4) in relation to intervention and assessment
services, contract with, offer to remunerate, or remunerate a
person who operates an intervention and assessment service that
makes referrals to a treatment facility for inpatient treatment of
mental illness or chemical dependency unless the intervention and
assessment service is:
(A) operated by a community mental health and
mental retardation center funded by the Texas Department of Mental
Health and Mental Retardation;
(B) operated by a county or regional medical
society;
(C) a qualified mental health referral service as
defined by Section 164.007; or
(D) owned and operated by a nonprofit or
not-for-profit organization offering counseling concerning family
violence, help for runaway children, or rape.
SECTION 23. Section 464.020, Health and Safety Code, is
amended to read as follows:
Sec. 464.020. ADDITIONAL REQUIREMENTS FOR DISCIPLINARY
ALTERNATIVE EDUCATION TREATMENT PROGRAMS. (a) A disciplinary
[An] alternative education program under Section 37.008, Education
Code, may apply for a license under this chapter to offer chemical
dependency treatment services.
(b) The board of trustees of a school district with a
disciplinary [an] alternative education program, or the board's
designee, shall employ a mental health professional, as defined by
Section 164.003, to provide the services authorized by a license
issued under this chapter to the disciplinary alternative education
program.
(c) The commission may not issue a license that authorizes a
disciplinary [an] alternative education program to provide
detoxification or residential services.
(d) The board of trustees of a school district with a
disciplinary [an] alternative education program, or the board's
designee, may contract with a private treatment facility or a
person employed by or under contract with a private treatment
facility to provide chemical dependency treatment services. The
contract may not permit the services to be provided at a site that
offers detoxification or residential services. Section 164.006
applies to a contract made under this section.
SECTION 24. (a) This Act applies beginning with the
2003-2004 school year, except that Subdivision (8), Subsection (a),
Section 37.008, Education Code, as added by this Act, applies
beginning with the 2004-2005 school year.
(b) The changes in law made by this Act relating to conduct
for which a student may be removed to a disciplinary alternative
education program or expelled apply to conduct that occurs on or
after the effective date of this Act.
(c) Subsection (n), Section 37.008, Education Code, as
added by this Act, applies only to a contract a school district
enters into on or after the effective date of this Act.
SECTION 25. 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.
* * * * *