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78R6386 KKA-D

By:  Van de Putte                                                 S.B. No. 1737



A BILL TO BE ENTITLED

AN ACT

relating to placement of students in alternative education 
programs.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 37.006(h) and (i), Education Code, are 
amended to read as follows:
	(h)  On receipt of notice under Article 15.27(g), Code of 
Criminal Procedure, or any other comparable notice that provides 
information regarding acquittal of a student or refusal to 
prosecute the student in connection with conduct for which the 
student was placed in an alternative education program, the 
superintendent or the superintendent's designee shall verify the 
contents of the notice and review the student's placement in the 
alternative education program.  The student may not be returned to 
the regular classroom pending the verification and review.  The 
superintendent or the superintendent's designee shall complete the 
verification and [schedule a] review [of the student's placement 
with the student's parent or guardian] not later than the [third] 
class day following [after] the day the superintendent or 
[superintendent's] designee receives notice and shall return the 
student to the student's regular classroom immediately after 
completing the verification and review unless the superintendent or 
designee determines that [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 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.  In reviewing a student's 
placement under this subsection, the superintendent or designee 
shall provide the student's parent with an opportunity to provide 
any information relevant to the review.
	(i)  The student or the student's parent or guardian may 
appeal a [the superintendent's] decision under Subsection (h) to 
retain the student in the alternative education program to the 
board of trustees.  The student may not be returned to the regular 
classroom pending the appeal.  The board shall, at the next 
scheduled meeting, review the notice described by Subsection (h)
[provided under Article 15.27(g), Code of Criminal Procedure], 
[and] receive information from the student, the student's parent or 
guardian, and the superintendent or [superintendent's] designee,
and confirm or reverse the decision under Subsection (h).  The board 
shall make a record of the proceedings.  If the board confirms the 
decision of the superintendent or [superintendent's] designee, the 
board shall inform the student and the student's parent or guardian 
of the right to appeal to the commissioner under Subsection (j).
	SECTION 2.  Sections 37.009(a) and (c), Education Code, are 
amended 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 37.006, 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.  The principal may 
order placement for a period that exceeds 10 days only if the 
principal makes the determinations described by Subsection (c).
	(c)  Before it may place a student in an alternative 
education program for a period that exceeds 10 school days [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.
	SECTION 3.  Section 37.006(k), Education Code, is repealed.                    
	SECTION 4.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 5.  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.