80R4697 ESH-D

By: Paxton H.B. No. 3459

A BILL TO BE ENTITLED

AN ACT

relating to procedures relating to placement of a public school student in a disciplinary alternative education program.

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

SECTION 1. Section 37.0081, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) At the hearing under Subsection (a), the student is entitled to due process and representation as provided by Section 37.009(a).

SECTION 2. Section 37.009(a), Education Code, is amended to read as follows:

(a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.002(b) or (d) or by the school principal or other appropriate administrator under Section 37.001(a)(2) or 37.006, the principal or other appropriate administrator shall schedule a conference among the principal or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and the student. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference. Following the conference, and whether or not each requested person is in attendance after good-faith [valid] attempts to require the person's attendance, the principal shall order the placement of the student for a period consistent with the student code of conduct. Not later than the first school day after the conference, the principal or the principal's designee shall deliver to the student and the student's parent or guardian a copy of the order placing the student in a disciplinary alternative education program and a notice of the student's right to appeal. A [If school district policy allows a] student may [to] appeal the decision of the principal or the principal's designee placing the student in a disciplinary alternative education program to the board of trustees or the board's designee. The appeal hearing must be held not later than the fifth class day after the date of the conference. At the hearing, the student is entitled to due process as required under the federal constitution and to be represented by the student's parent or guardian or another adult who can provide counsel to the student and who is not an employee of the school district. The [a decision of the principal or other appropriate administrator, other than an expulsion under Section 37.007, the] decision of the board or the board's designee under this subsection is final and may not be appealed. If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. The period of the placement may not exceed one year unless, after a review, the district determines that:

(1) the student is a threat to the safety of other students or to district employees; or

(2) extended placement is in the best interest of the student.

SECTION 3. Section 37.010(a), Education Code, is amended to read as follows:

(a) Not later than the second business day after the date a hearing before the board of trustees or the board's designee 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 juvenile justice alternative education 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 4. Section 37.009(b), Education Code, is repealed.

SECTION 5. This Act applies beginning with the 2007-2008 school year.

SECTION 6. 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.