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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement by public schools of students who are |
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registered sex offenders and the notification requirements |
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concerning certain offenses committed by students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS |
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Sec. 37.301. DEFINITION. In this subchapter, "board of |
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trustees" includes the board's designee. |
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Sec. 37.302. APPLICABILITY. This subchapter: |
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(1) applies to a student who is required to register as |
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a sex offender under Chapter 62, Code of Criminal Procedure; and |
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(2) does not apply to a student who is no longer |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure, including a student who receives an exemption |
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from registration under Subchapter H, Chapter 62, Code of Criminal |
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Procedure, or a student who receives an early termination of the |
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obligation to register under Subchapter I, Chapter 62, Code of |
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Criminal Procedure. |
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Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM |
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REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, |
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on receiving notice under Article 15.27, Code of Criminal |
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Procedure, or Chapter 62, Code of Criminal Procedure, that a |
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student is required to register as a sex offender under that |
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chapter, a school district shall remove the student from the |
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regular classroom and determine the appropriate placement of the |
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student in the manner provided by this subchapter. |
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Sec. 37.304. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS |
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UNDER COURT SUPERVISION. (a) A school district shall place a |
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student to whom this subchapter applies and who is under any form of |
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court supervision, including probation, community supervision, or |
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parole, in the appropriate alternative education program as |
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provided by Section 37.309 for at least one semester. |
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(b) If a student transfers to another school district during |
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the student's mandatory placement in an alternative education |
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program under Subsection (a), the district to which the student |
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transfers may: |
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(1) require the student to complete an additional |
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semester in the appropriate alternative education program without |
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conducting a review of the student's placement for that semester |
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under Section 37.306; or |
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(2) count any time spent by the student in an |
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alternative education program in the district from which the |
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student transfers toward the mandatory placement requirement under |
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Subsection (a). |
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Sec. 37.305. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS |
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NOT UNDER COURT SUPERVISION. A school district may place a student |
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to whom this subchapter applies and who is not under any form of |
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court supervision in the appropriate alternative education program |
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as provided by Section 37.309 for one semester or in the regular |
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classroom. The district may not place the student in the regular |
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classroom if the district board of trustees determines that the |
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student's presence in the regular classroom: |
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(1) threatens the safety of other students or |
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teachers; |
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(2) will be detrimental to the educational process; or |
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(3) is not in the best interests of the district's |
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students. |
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Sec. 37.306. REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION |
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PROGRAM. (a) At the end of the first semester of a student's |
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placement in an alternative education program under Section 37.304 |
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or 37.305, the school district board of trustees shall convene a |
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committee to review the student's placement in the alternative |
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education program. The committee must be composed of: |
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(1) a classroom teacher from the campus to which the |
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student would be assigned were the student not placed in an |
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alternative education program; |
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(2) the student's parole or probation officer or, in |
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the case of a student who does not have a parole or probation |
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officer, a representative of the local juvenile probation |
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department; |
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(3) an instructor from the alternative education |
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program to which the student is assigned; |
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(4) a school district designee selected by the board |
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of trustees; and |
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(5) a counselor employed by the school district. |
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(b) The committee by majority vote shall determine and |
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recommend to the school district board of trustees whether the |
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student should be returned to the regular classroom or remain in the |
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alternative education program. |
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(c) If the committee recommends that the student be returned |
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to the regular classroom, the board of trustees shall return the |
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student to the regular classroom unless the board determines that |
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the student's presence in the regular classroom: |
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(1) threatens the safety of other students or |
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teachers; |
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(2) will be detrimental to the educational process; or |
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(3) is not in the best interests of the district's |
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students. |
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(d) If the committee recommends that the student remain in |
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the alternative education program, the board of trustees shall |
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continue the student's placement in the alternative education |
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program unless the board determines that the student's presence in |
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the regular classroom: |
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(1) does not threaten the safety of other students or |
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teachers; |
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(2) will not be detrimental to the educational |
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process; and |
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(3) is not contrary to the best interests of the |
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district's students. |
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(e) If, after receiving a recommendation under Subsection |
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(b), the school district board of trustees determines that the |
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student should remain in an alternative education program, the |
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board shall before the beginning of each school year convene the |
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committee described by Subsection (a) to review, in the manner |
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provided by Subsections (b), (c), and (d), the student's placement |
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in an alternative education program. |
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Sec. 37.307. PLACEMENT AND REVIEW OF STUDENT WITH |
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DISABILITY. (a) The placement under this subchapter of a student |
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with a disability who receives special education services must be |
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made in compliance with the Individuals with Disabilities Education |
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Act (20 U.S.C. Section 1400 et seq.). |
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(b) The review under Section 37.306 of the placement of a |
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student with a disability who receives special education services |
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may be made only by a duly constituted admission, review, and |
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dismissal committee. The admission, review, and dismissal |
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committee may request that the board of trustees convene a |
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committee described by Section 37.306(a) to assist the admission, |
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review, and dismissal committee in conducting the review. |
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Sec. 37.308. TRANSFER OF REGISTERED SEX OFFENDER. Except |
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as provided by Section 37.304(b), a school district shall determine |
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whether to place a student to whom this subchapter applies and who |
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transfers to the district in the appropriate alternative education |
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program as provided by Section 37.309 or in a regular classroom. |
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The school district shall follow the procedures specified under |
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Section 37.306 in making the determination. |
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Sec. 37.309. PLACEMENT IN DISCIPLINARY ALTERNATIVE |
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EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION |
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PROGRAM. (a) Except as provided by Subsection (b), a school |
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district shall place a student who is required by the board of |
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trustees to attend an alternative education program under this |
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subchapter in a disciplinary alternative education program. |
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(b) A school district shall place a student who is required |
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by the board of trustees to attend an alternative education program |
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under this subchapter in a juvenile justice alternative education |
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program if: |
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(1) the memorandum of understanding entered into |
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between the school district and juvenile board under Section |
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37.011(k) provides for the placement of students to whom this |
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subchapter applies in the juvenile justice alternative education |
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program; or |
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(2) a court orders the placement of the student in a |
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juvenile justice alternative education program. |
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Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN |
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JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice |
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alternative education program is entitled to funding for a student |
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who is placed in the program under this subchapter in the same |
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manner as a juvenile justice alternative education program is |
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entitled to funding under Section 37.012 for a student who is |
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expelled and placed in a juvenile justice alternative education |
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program for conduct for which expulsion is permitted but not |
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required under Section 37.007. |
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Sec. 37.311. CONFERENCE. (a) A student or the student's |
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parent or guardian may appeal a decision by a school district board |
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of trustees to place the student in an alternative education |
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program under this subchapter by requesting a conference among the |
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board of trustees, the student's parent or guardian, and the |
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student. The conference is limited to the factual question of |
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whether the student is required to register as a sex offender under |
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Chapter 62, Code of Criminal Procedure. |
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(b) If the school district board of trustees determines at |
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the conclusion of the conference that the student is required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure, the student is subject to placement in an alternative |
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education program in the manner provided by this subchapter. |
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(c) A decision by the board of trustees under this section |
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is final and may not be appealed. |
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Sec. 37.312. LIABILITY. This subchapter does not: |
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(1) waive any liability or immunity of a governmental |
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entity or its officers or employees; or |
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(2) create any liability for or a cause of action |
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against a governmental entity or its officers or employees. |
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Sec. 37.313. CONFLICTS OF LAW. To the extent of any |
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conflict between a provision of this subchapter and a provision of |
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Subchapter A, this subchapter prevails. |
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SECTION 2. Article 15.27, Code of Criminal Procedure, is |
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amended by amending Subsections (b) and (c) and adding Subsections |
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(a-1) and (j) to read as follows: |
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(a-1) The superintendent or a person designated by the |
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superintendent in the school district may send to a school district |
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employee having direct supervisory responsibility over the student |
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the information contained in the confidential notice under |
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Subsection (a) if the superintendent or the person designated by |
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the superintendent determines that the employee needs the |
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information for educational purposes or for the protection of the |
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person informed or others. |
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(b) On conviction, deferred prosecution, or deferred |
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adjudication or an adjudication of delinquent conduct of an |
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individual enrolled as a student in a public primary or secondary |
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school, for an offense or for any conduct listed in Subsection (h) |
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of this article, the office of the prosecuting attorney acting in |
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the case shall orally notify the superintendent or a person |
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designated by the superintendent in the school district in which |
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the student is enrolled of the conviction or adjudication and |
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whether the student is required to register as a sex offender under |
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Chapter 62. Oral notification must be given within 24 hours of the |
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time of the order or on the next school day. The superintendent |
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shall, within 24 hours of receiving notification from the office of |
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the prosecuting attorney, [promptly] notify all instructional and |
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support personnel who have regular contact with the student. |
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Within seven days after the date the oral notice is given, the |
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office of the prosecuting attorney shall mail written notice, which |
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must contain a statement of the offense of which the individual is |
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convicted or on which the adjudication, deferred adjudication, or |
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deferred prosecution is grounded and a statement of whether the |
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student is required to register as a sex offender under Chapter 62. |
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(c) A parole, [or] probation, or community supervision |
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office, including a community supervision and corrections |
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department, a juvenile probation department, the paroles division |
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of the Texas Department of Criminal Justice, and the Texas Youth |
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Commission, having jurisdiction over a student described by |
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Subsection (a), (b), or (e) who transfers from a school or is |
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subsequently removed from a school and later returned to a school or |
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school district other than the one the student was enrolled in when |
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the arrest, referral to a juvenile court, conviction, or |
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adjudication occurred shall within 24 hours of learning of the |
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student's transfer or reenrollment notify the new school officials |
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of the arrest or referral in a manner similar to that provided for |
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by Subsection (a) or (e)(1), or of the conviction or delinquent |
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adjudication in a manner similar to that provided for by Subsection |
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(b) or (e)(2). The new school officials shall, within 24 hours of |
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receiving notification under this subsection, [promptly] notify |
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all instructional and support personnel who have regular contact |
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with the student. |
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(j) The notification provisions of this section concerning |
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a person who is required to register as a sex offender under Chapter |
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62 do not lessen the requirement of a person to provide any |
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additional notification prescribed by that chapter. |
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SECTION 3. Article 15.27(d), Code of Criminal Procedure, is |
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repealed. |
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SECTION 4. Subchapter I, Chapter 37, Education Code, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |