79R5009 KKA-D

By:  Olivo                                                        H.B. No. 1758



A BILL TO BE ENTITLED

AN ACT

relating to school district reporting of students placed in 
disciplinary alternative education programs or expelled from 
school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.020, Education Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (d) to read 
as follows:
	(b)  For each placement in a disciplinary alternative 
education program established under Section 37.008, the district 
shall report:
		(1)  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)  information indicating whether the student was 
enrolled in a special education program under Subchapter A, Chapter 
29, at the time of the placement;
		(3)  information indicating whether the placement was 
based on:      
			(A)  conduct violating the student code of conduct 
adopted under Section 37.001;
			(B)  conduct for which a student may be removed 
from class under  Section 37.002(b);
			(C)  conduct for which placement in a disciplinary  
alternative education program is required by Section 37.006;  or
			(D)  conduct occurring while a student was 
enrolled in another district and for which placement in a 
disciplinary alternative education program is permitted by Section 
37.008(j);
		(4) [(3)]  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
		(5) [(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 each expulsion under Section 37.007, the district 
shall report:     
		(1)  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)  information indicating whether the student was 
enrolled in a special education program under Subchapter A, Chapter 
29, at the time of the expulsion;
		(3)  information indicating whether the expulsion was 
based on:      
			(A)  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)  conduct for which expulsion is permitted 
under Section 37.007;        
		(4) [(3)]  the number of full or partial days the 
student was expelled;
		(5) [(4)]  information indicating whether:            
			(A)  the student was placed in a juvenile justice 
alternative education program under Section 37.011;
			(B)  the student was placed in a disciplinary 
alternative education program;  or
			(C)  the student was not placed in a juvenile 
justice or other disciplinary alternative education program;  and
		(6) [(5)]  the number of expulsions that were 
inconsistent with the guidelines included in the student code of 
conduct under  Section 37.001(a)(5).
	(d)  For each circumstance in which a student engages in 
conduct for which the student is subject to expulsion under Section 
37.007(a), (d), or (e), but in which the district does not expel the 
student because the student's incarceration or other circumstance 
prevents the district from taking that action, the district shall 
report information:
		(1)  identifying the student, including the student's 
race, sex, and date of birth;
		(2)  indicating whether the student was enrolled in a 
special education program under Subchapter A, Chapter 29, at the 
time of the conduct;
		(3)  describing the conduct in which the student 
engaged; and        
		(4)  specifying the incarceration or other disposition 
that resulted from the student's conduct.
	SECTION 2.  This Act applies beginning with the 2005-2006 
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, 2005.