80R3551 SLO-D

By: Olivo H.B. No. 849

A BILL TO BE ENTITLED

AN ACT

relating to transportation to and from a disciplinary alternative education program or juvenile justice alternative education program and the length of a school day at a disciplinary alternative education program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.008, Education Code, is amended by amending Subsection (c) and adding Subsection (o) to read as follows:

(c) An off-campus disciplinary alternative education program is not subject to a requirement imposed by this title, other than:

(1) a limitation on liability;

(2) [,] a reporting requirement; [,] or

(3) a requirement imposed by:

(A) Section 25.082(a);

(B) this chapter; or

(C) [by] Chapter 39.

(o) A school district shall provide transportation to and from the district's disciplinary alternative education program for a student placed in the program.

SECTION 2. Section 37.011, Education Code, is amended by amending Subsection (k) and adding Subsection (k-1) to read as follows:

(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) requires the school district or juvenile board to provide [establishes a plan that provides] transportation services to and from the juvenile justice alternative education program for a student [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) If the juvenile board of a county with a population of 125,000 or less develops a juvenile justice alternative education program, each school district in the county and the county juvenile board shall annually enter into a joint memorandum of understanding that requires the school district or juvenile board to provide transportation services to and from the juvenile justice alternative education program for a student placed in the program.

SECTION 3. This Act applies beginning with the 2007-2008 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, 2007.