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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of public school students with certain |
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disabilities in disciplinary alternative education programs and |
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juvenile justice alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.004, Education Code, is amended by |
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adding Subsections (e), (f), (g), and (h) to read as follows: |
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(e) Notwithstanding any other provision of this subchapter, |
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in a county with a juvenile justice alternative education program |
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established under Section 37.011, the expulsion under a provision |
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of Section 37.007 described by this subsection of a student with a |
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disability who receives special education services must occur in |
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accordance with this subsection and Subsection (f). The school |
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district that proposes to expel the student shall, in accordance |
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with applicable federal law, provide the administrator of the |
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juvenile justice alternative education program or the |
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administrator's designee with reasonable notice of the meeting of |
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the student's admission, review, and dismissal committee to discuss |
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the student's proposed expulsion. A representative of the juvenile |
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justice alternative education program may participate in the |
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meeting to the extent that the meeting relates to the student's |
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placement in the program. This subsection applies only to an |
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expulsion under: |
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(1) Section 37.007(b), (c), (f), or (i); or |
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(2) Section 37.007(d) as a result of conduct that |
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contains the elements of any offense listed in Section |
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37.007(b)(2)(C) against any employee or volunteer in retaliation |
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for or as a result of the person's employment or association with a |
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school district. |
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(f) If, after placement of a student in a juvenile justice |
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alternative education program under Subsection (e), the |
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administrator of the program or the administrator's designee has |
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concerns that the student's educational or behavioral needs cannot |
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be met in the program, the administrator or designee shall |
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immediately provide written notice of those concerns to the school |
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district from which the student was expelled. The student's |
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admission, review, and dismissal committee shall meet to reconsider |
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the placement of the student in the program. The district shall, in |
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accordance with applicable federal law, provide the administrator |
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or designee with reasonable notice of the meeting, and a |
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representative of the program may participate in the meeting to the |
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extent that the meeting relates to the student's continued |
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placement in the program. |
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(g) A school district that places in a disciplinary |
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alternative education program a student with a disability who |
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receives special education services shall, during the placement, |
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provide the student with the special education services required by |
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the student's individualized education program developed under |
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Section 29.005. |
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(h) This subsection applies only to a student who is |
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eligible to receive special education services because of the |
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student's learning disability or emotional disturbance and who is |
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in a regular education classroom for all or part of the school day. |
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The admission, review, and dismissal committee of a student who |
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engages in conduct for which a student may be but is not required to |
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be placed in a disciplinary alternative education program shall |
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place the student in a special education classroom, if available, |
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for the full school day if, after a manifestation determination |
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review, the committee determines the conduct was not a |
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manifestation of the student's disability. If the committee |
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determines that the conduct was a manifestation of the student's |
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disability, the committee may not alter the student's placement |
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under this subsection. If the conduct continues, the student's |
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admission, review, and dismissal committee shall meet to reconsider |
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the student's placement. |
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SECTION 2. Section 37.008, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (n) to read as |
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follows: |
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(a) Each school district shall provide a disciplinary |
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alternative education program that: |
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(1) is provided in a setting other than a student's |
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regular classroom; |
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(2) is located on or off of a regular school campus; |
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(3) provides for the students who are assigned to the |
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disciplinary alternative education program to be separated from |
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students who are not assigned to the program; |
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(4) focuses on English language arts, mathematics, |
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science, history, and self-discipline; |
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(5) provides for students' educational and behavioral |
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needs, including, if applicable, implementation of a student's |
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individualized education program developed under Section 29.005; |
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(6) provides supervision and counseling; and |
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(7) employs only teachers who [requires that to teach
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in an off-campus disciplinary alternative education program, each
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teacher] meet all certification requirements established under |
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Subchapter B, Chapter 21[; and
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[(8) notwithstanding Subdivision (7), requires that
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to teach in a disciplinary alternative education program of any
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kind, each teacher employed by a school district during the
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2003-2004 school year or an earlier school year meet, not later than
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the beginning of the 2005-2006 school year, all certification
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requirements established under Subchapter B, Chapter 21]. |
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(n) A school district shall certify in writing to the agency |
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that each student who has been determined to be eligible under |
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Subchapter A, Chapter 29, for special education services and who is |
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placed in a disciplinary alternative education program has an |
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individualized education program developed under Section 29.005. |
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SECTION 3. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |