By:  West                                                         S.B. No. 1120
	(In the Senate - Filed March 8, 2005; March 21, 2005, read 
first time and referred to Committee on Education; May 4, 2005, 
reported favorably by the following vote:  Yeas 8, Nays 0; 
May 4, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the placement of certain students in and funding of a 
juvenile justice alternative education program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 37.010, Education Code, 
is amended to read as follows:
	(a)  Except as provided by Section 37.0101, not [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 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 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.
	SECTION 2.  Subchapter A, Chapter 37, Education Code, is 
amended by adding Sections 37.0101 and 37.0122 to read as follows:
	Sec. 37.0101.  PROSECUTORIAL REVIEW OF EXPULSION OFFENSE.  
(a)  A school district that expels a student for engaging in 
conduct for which expulsion is required under Section 37.007(a), 
(d), or (e) shall notify the prosecuting attorney of the county in 
which the student resides of the expulsion if the student:
		(1)  is at least 17 years of age at the time the student 
engaged in the conduct; and
		(2)  is assigned to attend a juvenile justice 
alternative education program under Section 37.011.
	(b)  The board of trustees of the school district or a person 
designated by the board shall deliver to the prosecuting attorney a 
copy of the order expelling the student and any other information 
relevant to the alleged conduct not later than the second business 
day after the date of the expulsion hearing under Section 37.009.
	(c)  Not later than the fifth business day after the date 
that the prosecuting attorney receives an expulsion notice under 
this section, the prosecuting attorney shall conduct a preliminary 
investigation and make a determination as to whether probable cause 
exists to believe the student engaged in conduct for which 
expulsion is required under Section 37.007(a), (d), or (e).  Not 
later than the second business day after the date that the 
prosecuting attorney conducts the preliminary investigation, the 
prosecuting attorney shall notify the school district and the 
administrator of the juvenile justice alternative education center 
of the prosecuting attorney's determination of whether probable 
cause exists to believe the student engaged in conduct for which 
expulsion is required under Section 37.007(a), (d), or (e).
	Sec. 37.0122.  FUNDING OF JUVENILE JUSTICE ALTERNATIVE 
EDUCATION PROGRAMS FOR CERTAIN STUDENTS.  (a)  A school district 
that receives notice under Section 52.041, Family Code, or Section 
37.0101 that no probable cause exists to believe that a student 
engaged in conduct for which expulsion is required under Section 
37.007(a), (d), or (e) is responsible for paying the costs of the 
student to attend a juvenile justice alternative education program.  
The Texas Juvenile Probation Commission may not provide funding to 
a juvenile justice alternative education program for a student 
described by this subsection.
	(b)  Notwithstanding Section 37.011(b), the school district 
may elect to remove the student from the juvenile justice 
alternative education program if the district is responsible for 
paying the costs of the student attending the program under 
Subsection (a) and place the student in a disciplinary alternative 
education program or related program.
	(c)  If the school district removes the student from the 
juvenile justice alternative education program under Subsection 
(b), the district is responsible for paying the costs for each day 
that the student attended the program before the removal.
	SECTION 3.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 4.  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.



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