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A BILL TO BE ENTITLED
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AN ACT
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relating to the expulsion and placement in alternative settings of |
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public school students who engage in conduct constituting certain |
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felonies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0081, Education Code, is amended to |
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read as follows: |
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Sec. 37.0081. EXPULSION AND PLACEMENT OF CERTAIN STUDENTS |
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IN [DISCIPLINARY] ALTERNATIVE SETTINGS [EDUCATION PROGRAMS]. (a) |
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Notwithstanding any other provision of this subchapter, the board |
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of trustees of a school district, or the board's designee, after an |
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opportunity for a hearing may expel a student and elect to place the |
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[a] student in an alternative setting as provided by Subsection |
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(a-1) [in a disciplinary alternative education program under
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Section 37.008] if: |
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(1) the student: |
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(A) has received deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as a felony offense |
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in Title 5, Penal Code; [or] |
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(B) has been found by a court or jury to have |
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engaged in delinquent conduct under Section 54.03, Family Code, for |
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conduct defined as a felony offense in Title 5, Penal Code; |
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(C) is charged with engaging in conduct defined |
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as a felony offense in Title 5, Penal Code; or |
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(D) has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct under Section 54.03, |
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Family Code, for conduct defined as a felony offense in Title 5, |
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Penal Code; and |
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(2) the board or the board's designee determines that |
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the student's presence in the regular classroom: |
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(A) threatens the safety of other students or |
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teachers; |
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(B) will be detrimental to the educational |
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process; or |
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(C) is not in the best interests of the |
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district's students. |
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(a-1) The student must be placed in: |
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(1) a juvenile justice alternative education program, |
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if the school district is located in a county that operates a |
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juvenile justice alternative education program or the school |
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district contracts with the juvenile board of another county for |
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the provision of a juvenile justice alternative education program; |
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or |
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(2) a disciplinary alternative education program. |
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(b) Any decision of the board of trustees or the board's |
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designee under this section is final and may not be appealed. |
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(c) The board of trustees or the board's designee may expel |
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the student and order placement in accordance with this section |
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regardless of: |
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(1) the date on which the student's conduct occurred; |
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(2) the location at which the conduct occurred; |
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(3) whether the conduct occurred while the student was |
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enrolled in the district; or |
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(4) whether the student has successfully completed any |
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court disposition requirements imposed in connection with the |
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conduct. |
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(d) Notwithstanding Section 37.009(c) or (d) or any other |
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provision of this subchapter, a student expelled and ordered placed |
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in an alternative setting by the board of trustees or the board's |
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designee is subject to that placement until: |
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(1) the student graduates from high school; or |
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(2) the charges described by Subsection (a)(1) are |
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dismissed or reduced to a misdemeanor offense [may order placement
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in accordance with this section for any period considered necessary
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by the board or the board's designee in connection with the
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determination made under Subsection (a)(2)]. |
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(e) A student placed in an alternative setting [a
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disciplinary alternative education program] in accordance with |
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this section is entitled to the periodic review prescribed by |
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Section 37.009(e). |
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(f) Subsection (d) continues to apply to the student if the |
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student transfers to another school district in the state. |
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SECTION 2. (a) This Act applies beginning with the |
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2007-2008 school year. |
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(b) Section 37.0081, Education Code, as amended by this Act, |
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applies to any student who attends school on or after the effective |
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date of this Act and who engaged in conduct described by that |
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section, regardless of the date on which the conduct occurred. |
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SECTION 3. 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. |