80R6884 SLO-D

By: West, Royce S.B. No. 1469

A BILL TO BE ENTITLED

AN ACT

relating to discipline and security in primary and secondary schools; providing a criminal penalty.

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

SECTION 1. Chapter 37, Education Code, is reenacted and revised to read as follows: CHAPTER 37. DISCIPLINE; SCHOOL SECURITY SUBCHAPTER A. GENERAL PROVISIONS

Sec. 37.001. DEFINITIONS. In this chapter:

(1) "Bullying" has the meaning assigned by Section 25.0341, as added by Chapter 920, Acts of the 79th Legislature, Regular Session, 2005.

(2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety.

(3) "Hit list" means a list of persons intentionally targeted to be physically harmed under circumstances in which a reasonable person would believe there is intent to cause harm.

(4) "School property" includes a public school campus or school grounds on which a public school is located and any grounds or buildings used by a school for an assembly or other school-sponsored activity.

Sec. 37.002. STUDENT CODE OF CONDUCT. (a) The board of trustees of a school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:

(1) specify the circumstances, in accordance with this chapter, under which a student may be removed from a classroom, campus, or disciplinary alternative education program;

(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;

(3) outline conditions under which a student may be suspended as provided by Section 37.154 or expelled as provided by Section 37.158 or 37.159;

(4) identify the types of conduct that constitute serious misconduct for which a student may be expelled under Section 37.159(a)(4), with consideration of:

(A) campus and student safety;

(B) whether the misconduct was associated with gang activity;

(C) the severity of the student's conduct; and

(D) for students who may be placed in a juvenile justice alternative education program, the program's capacity and the student's previous involvement with the juvenile justice system;

(5) specify that the following will be considered in a decision regarding suspension, removal to a disciplinary alternative education program, or expulsion:

(A) self-defense;

(B) intent or lack of intent at the time the student engaged in the conduct;

(C) a student's disciplinary history; or

(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;

(6) provide guidelines for setting the length of a term of:

(A) a removal under Section 37.156; and

(B) an expulsion under Section 37.158 or 37.159;

(7) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;

(8) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions; and

(9) provide, as appropriate for students at each grade level, methods, including options, for:

(A) managing students in the classroom and on school property;

(B) disciplining students; and

(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists.

(b) The methods adopted under Subsection (a)(9) must provide that a student who is enrolled in a special education program under Subchapter A, Chapter 29, may not be disciplined for conduct prohibited in accordance with Subsection (a)(8) until an admission, review, and dismissal committee meeting has been held to review the conduct.

(c) Once the student code of conduct is adopted, any change or amendment must be approved by the board of trustees.

(d) Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.

(e) Except as provided by Section 37.158(b), this chapter does not require the student code of conduct to specify a minimum term of a removal under Section 37.156 or an expulsion under Section 37.158 or 37.159.

Sec. 37.003. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL HARASSMENT POLICIES. (a) Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program must provide for prevention of and education concerning unwanted physical or verbal aggression, sexual harassment, and other forms of bullying in school, on school property, and in school vehicles.

(b) Each school district may develop and implement a sexual harassment policy to be included in the district improvement plan under Section 11.252. The policy must include notification to the parents of each of the students involved in an incident of sexual harassment at school, on school property, or in a school vehicle.

Sec. 37.004. DATING VIOLENCE POLICIES. (a) Each school district shall adopt and implement a dating violence policy to be included in the district improvement plan under Section 11.252.

(b) A dating violence policy must:

(1) include a definition of dating violence that includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a continuing relationship of a romantic or intimate nature; and

(2) address safety planning, enforcement of protective orders, and school-based alternatives to protective orders.

(c) The policy must include notification to the parents of each of the students involved in an incident of dating violence that occurs at school, on school property, or in a school vehicle.

Sec. 37.005. POLICIES CONCERNING PUBLIC SCHOOL FRATERNITIES, SORORITIES, AND SECRET SOCIETIES. (a) In this section, "public school fraternity, sorority, or secret society":

(1) means an organization composed wholly or in part of public school students that seeks to perpetuate itself by taking in additional public school students as members on the basis of the decision of its membership rather than on the free choice of a student who is otherwise qualified under district or campus rules to join the organization; and

(2) does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.

(b) The board of trustees of a school district shall adopt a policy prohibiting a person, while on school property, from acting as a member of, pledging to become a member of, joining, or soliciting another person to join or pledge to become a member of a public school fraternity, sorority, or secret society.

Sec. 37.006. POLICIES CONCERNING POSSESSION OF TELECOMMUNICATIONS DEVICES. (a) In this section, "telecommunications device" means a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.

(b) The board of trustees of a school district shall adopt a policy regarding student use or possession of a telecommunications device while on school property or while attending a school-sponsored or school-related activity on or off school property. The policy may establish disciplinary measures to be imposed for violation of any prohibition adopted under the policy.

Sec. 37.007. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT. (a) In this section:

(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.

(2) "Seclusion" means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:

(A) is designed solely to seclude a person; and

(B) contains less than 50 square feet of space.

(3) "Time-out" means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:

(A) that is not locked; and

(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.

(4) "Weapon" includes any weapon described under Section 37.158(a)(1).

(b) It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services under Subchapter A, Chapter 29. A student with a disability who receives special education services under Subchapter A, Chapter 29, may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.

(c) A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply:

(1) the Children's Health Act of 2000 (Pub. L. No. 106-310) and any regulations adopted under that Act;

(2) 40 T.A.C. Sections 720.1001-720.1013; or

(3) 25 T.A.C. Section 412.308(e).

(d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student with a disability receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must:

(1) be consistent with:

(A) professionally accepted practices and standards of student discipline and techniques for behavior management; and

(B) relevant health and safety standards; and

(2) identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique.

(e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls.

(f) This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:

(1) the student possesses a weapon; and

(2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person.

(g) This section and any rules or procedures adopted under this section do not apply to:

(1) a peace officer while performing law enforcement duties;

(2) juvenile probation, detention, or corrections personnel; or

(3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district. [Sections 37.008-37.050 reserved for expansion] SUBCHAPTER B. SCHOOL SECURITY

Sec. 37.051. APPLICABILITY OF CRIMINAL LAWS. The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in this state.

Sec. 37.052. SCHOOL DISTRICT PEACE OFFICERS AND SECURITY PERSONNEL. (a) The board of trustees of any school district may employ security personnel and may commission peace officers to carry out the provisions of this chapter. If a board of trustees authorizes a person employed as security personnel to carry a weapon, the person must be a commissioned peace officer. The jurisdiction of a peace officer or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ the peace officer or security personnel.

(b) In a peace officer's jurisdiction, a peace officer commissioned under this section:

(1) has the powers, privileges, and immunities of peace officers;

(2) may enforce all laws, including municipal ordinances, county ordinances, and state laws; and

(3) may, in accordance with Chapter 52, Family Code, take a juvenile into custody.

(c) A school district peace officer may provide assistance to another law enforcement agency. A school district may contract with a political subdivision for the jurisdiction of a school district peace officer to include all territory in the jurisdiction of the political subdivision.

(d) A school district peace officer shall perform administrative and law enforcement duties for the school district as determined by the board of trustees of the school district. Those duties must include protecting:

(1) the safety and welfare of any person in the jurisdiction of the peace officer; and

(2) the property of the school district.

(e) The board of trustees of the district shall determine the scope of the on-duty and off-duty law enforcement activities of school district peace officers. A school district must authorize in writing any off-duty law enforcement activities performed by a school district peace officer.

(f) The chief of police of the school district police department shall be accountable to the superintendent and shall report to the superintendent or the superintendent's designee. School district police officers shall be supervised by the chief of police of the school district or the chief of police's designee and must be licensed by the Commission on Law Enforcement Officer Standards and Education.

(g) A school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies.

(h) A peace officer assigned to duty and commissioned under this section shall take and file the oath required of peace officers and shall execute and file a bond in the sum of $1,000, payable to the board of trustees, with two or more sureties, conditioned that the peace officer will fairly, impartially, and faithfully perform all the duties that may be required of the peace officer by law. The bond may be sued on in the name of any person injured until the whole amount of the bond is recovered. Any peace officer commissioned under this section must meet all minimum standards for peace officers established by the Commission on Law Enforcement Officer Standards and Education.

Sec. 37.053. RULES. (a) The board of trustees of a school district may adopt rules for the safety and welfare of students, employees, and property and other rules it considers necessary to carry out the provisions of this chapter and the governance of the district, including rules providing for the operation and parking of vehicles on school property. The board may adopt and charge a reasonable fee for parking and for providing traffic control.

(b) A law or ordinance regulating traffic on a public highway or street applies to the operation of a vehicle on school property, except as modified by this subchapter.

Sec. 37.054. ENFORCEMENT OF RULES. Notwithstanding any other provision of this chapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce rules adopted by the board. This chapter is not intended to restrict the authority of each district to adopt and enforce appropriate rules for the orderly conduct of the district in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.

Sec. 37.055. VEHICLE IDENTIFICATION INSIGNIA. The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. The board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule adopted by the board or of this chapter. Reinstatement of the privileges may be permitted and a reasonable fee assessed.

Sec. 37.056. UNAUTHORIZED PERSONS ON SCHOOL PROPERTY. The board of trustees of a school district or its authorized representative may refuse to allow a person without legitimate business to enter on property under the board's control and may eject any undesirable person from the property on the person's refusal to leave peaceably on request. Identification may be required of any person on the property.

Sec. 37.057. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SECURITY AUDIT. (a) Each school district shall adopt and implement a multihazard emergency operations plan for use in district schools. The plan must address mitigation, preparedness, response, and recovery as defined by the commissioner in conjunction with the governor's office of homeland security. The plan must provide for:

(1) district employee training in responding to an emergency;

(2) mandatory school drills to prepare district students and employees for responding to an emergency;

(3) measures to ensure coordination with local emergency management agencies, law enforcement, and fire departments in the event of an emergency; and

(4) the implementation of a security audit as required by Subsection (b).

(b) At least once every three years, a school district shall conduct a security audit of the district's facilities. To the extent possible, a district shall follow security audit procedures developed by the Texas School Safety Center or a comparable public or private entity.

(c) A school district shall report the results of the security audit conducted under Subsection (b) to the district's board of trustees. [Sections 37.058-37.100 reserved for expansion] SUBCHAPTER C. CRIMINAL OFFENSES

Sec. 37.101. HAZING. (a) In this section:

(1) "Educational institution" includes a public or private high school.

(2) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization. The term includes:

(A) any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;

(B) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(C) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

(D) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to the acts described in this subdivision; and

(E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

(3) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or service, social, or similar group, whose members are primarily students.

(4) "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.

(5) "Pledging" means any action or activity related to becoming a member of an organization.

(6) "Student" means any person who:

(A) is registered in or in attendance at an educational institution;

(B) has been accepted for admission at the educational institution where the hazing incident occurs; or

(C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.

(b) A person commits an offense if the person:

(1) engages in hazing;

(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;

(3) recklessly permits hazing to occur; or

(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.

(c) An offense under Subsection (b)(1), (2), or (3) that does not cause serious bodily injury to another is a Class B misdemeanor. An offense under Subsection (b)(1), (2), or (3) that causes serious bodily injury to another is a Class A misdemeanor. An offense under Subsection (b)(1), (2), or (3) that causes the death of another is a state jail felony. An offense under Subsection (b)(4) is a Class B misdemeanor.

(d) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. An offense under this subsection is a misdemeanor punishable by:

(1) a fine of not less than $5,000 nor more than $10,000; or

(2) if the court finds the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.

(e) Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Section 11, Article 42.12, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.

(f) It is not a defense to prosecution of an offense under this section that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

(g) In the prosecution of an offense under this section, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who testifies for the prosecution. Any person reporting a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report. Immunity extends to participation in any judicial proceeding resulting from the report. A person reporting in bad faith or with malice is not protected by this subsection.

(h) A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities and reports the suspected hazing activities is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.

(i) This section does not affect or repeal any penal law of this state. This section does not limit or affect the right of an educational institution to enforce its own penalties against hazing.

Sec. 37.102. DISRUPTION OF CLASSES. (a) In this section, "disrupting the conduct of classes or other school activities" includes:

(1) using abusive, indecent, profane, or vulgar language of a nature that is likely to incite an immediate breach of the peace;

(2) making an offensive gesture or display of a nature that is likely to incite an immediate breach of the peace;

(3) creating a noxious and unreasonable odor by chemical means;

(4) abusing or threatening a person in an obviously offensive manner;

(5) making unreasonable noise;

(6) fighting with another person;

(7) exposing a person's anus or genitals and being reckless about whether another person may be present who will be offended or alarmed by the exposure; or

(8) for a lewd or unlawful purpose, looking into an area such as a restroom, shower stall, or changing or dressing room that is designed to provide privacy to a person using the area.

(b) A person commits an offense if the person, on school property or on public property within 300 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.

(c) An offense under this section is a Class C misdemeanor.

Sec. 37.103. DISRUPTIVE ACTIVITIES. (a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.

(b) For purposes of this section, disruptive activity is:

(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;

(2) seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;

(3) preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;

(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or

(5) obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.

(c) An offense under this section is a Class B misdemeanor.

(d) Any person who is convicted for a third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction.

(e) This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state.

Sec. 37.104. TRESPASS ON SCHOOL GROUNDS. (a) An unauthorized person who trespasses on school district grounds commits an offense.

(b) An offense under this section is a Class C misdemeanor.

Sec. 37.105. EXHIBITION OF FIREARMS. (a) A person commits an offense if the person, by exhibiting, using, or threatening to exhibit or use a firearm, interferes with the normal use of a building or portion of a campus or of a school bus being used to transport children to or from school-sponsored activities of a private or public school.

(b) An offense under this section is a third degree felony.

Sec. 37.106. DISRUPTION OF TRANSPORTATION. (a) Except as provided by Section 37.105, a person commits an offense if the person intentionally disrupts, prevents, or interferes with the lawful transportation of children to or from school or an activity sponsored by a school in a vehicle owned or operated by a county or school district.

(b) An offense under this section is a Class C misdemeanor.

Sec. 37.107. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS. (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:

(1) on the grounds or in a building of a public school; or

(2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school is being held.

(b) An officer who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.

(c) An offense under this section is a Class C misdemeanor. [Sections 37.108-37.150 reserved for expansion] SUBCHAPTER D. BEHAVIOR MANAGEMENT

Sec. 37.151. REMOVAL BY TEACHER. (a) A teacher may temporarily send a student to the principal's office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.002.

(b) A teacher may formally remove from class a student:

(1) who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or

(2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.

(c) If a teacher formally removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, suspend the student as provided by Section 37.154, or place the student in a disciplinary alternative education program as provided by Section 37.156. The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under Section 37.152 determines that such placement is the best or only alternative available. The terms of the removal may prohibit the student from attending or participating in a school-sponsored or school-related activity.

(d) A teacher shall formally remove from class and send to the principal for placement in a disciplinary alternative education program or for expulsion, as appropriate, a student who engages in conduct described under Section 37.156, 37.158, or 37.159. The student may not be returned to that teacher's class without the teacher's consent unless the committee established under Section 37.152 determines that such placement is the best or only alternative available.

(e) If a student has engaged in the elements of any offense listed in Section 37.158(a)(5) or 37.164(a)(1) against a teacher, the student may not be returned to the teacher's class without the teacher's consent. The teacher may not be coerced to consent.

(f) Removal of a student under this section for a formal reason may not be considered as a factor in an evaluation of a teacher's performance.

Sec. 37.152. PLACEMENT REVIEW COMMITTEE. (a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and to make recommendations to the district regarding readmission of expelled students. Members shall be appointed as follows:

(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and

(2) the principal shall choose one member from the professional staff of a campus.

(b) The teacher refusing to readmit the student may not serve on the committee.

(c) The committee's placement determination regarding a student with a disability who receives special education services under Subchapter A, Chapter 29, is subject to the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and federal regulations, state statutes, and agency requirements necessary to carry out federal law or regulations or state law relating to special education.

Sec. 37.153. PLACEMENT OF STUDENTS WITH DISABILITIES. (a) The placement of a student with a disability who receives special education services under Subchapter A, Chapter 29, may be made only by a duly constituted admission, review, and dismissal committee.

(b) Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(1). Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:

(1) functional behavioral assessments;

(2) positive behavioral interventions, strategies, and supports;

(3) behavioral intervention plans; and

(4) the manifestation determination review.

(c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.

(d) A teacher in a disciplinary alternative education program under Subchapter E who has a special education assignment must hold an appropriate certificate or permit for that assignment.

(e) Notwithstanding any other provision of this chapter, in a county with a juvenile justice alternative education program established under Section 37.251, the expulsion under a provision of Section 37.159 of a student with a disability who receives special education services must occur in accordance with this subsection and Subsections (f) and (g). The school district from which the student was expelled shall, in accordance with applicable federal law, provide the administrator of the juvenile justice alternative education program or the administrator's designee with reasonable notice of the meeting of the student's admission, review, and dismissal committee to discuss the student's expulsion. A representative of the juvenile justice alternative education program may participate in the meeting to the extent that the meeting relates to the student's placement in the program.

(f) If, after placement of a student in a juvenile justice alternative education program under Subsection (e), the administrator of the program or the administrator's designee has concerns that the student's education or behavioral needs cannot be met in the program, the administrator or designee shall immediately provide written notice of those concerns to the school district from which the student was expelled. The student's admission, review, and dismissal committee shall meet to consider the placement of the student in the program. The district shall, in accordance with applicable federal law, provide the administrator or designee with reasonable notice of the meeting, and a representative of the program may participate in the meeting to the extent that the meeting relates to the student's continued placement in the program.

(g) A school district remains responsible for the provision of special education services to a student with a disability who is expelled to a juvenile justice alternative education program as provided by Subsections (e) and (f).

Sec. 37.154. SUSPENSION. (a) The principal or other appropriate administrator may suspend a student who engages in conduct identified in the student code of conduct adopted under Section 37.002 as conduct for which a student may be suspended. A student may be assigned to in-school or out-of-school suspension.

(b) An out-of-school suspension under this section may not exceed:

(1) three school days per suspension; or

(2) more than 10 cumulative school days per school year.

(c) A student suspended under this section shall receive credit for school work completed during the suspension period.

(d) At least every 30 days, a principal shall provide to a student a review of the status, including the academic status, of a student assigned to in-school suspension.

Sec. 37.155. PLACEMENT OF STUDENTS COMMITTING SEXUAL ASSAULT AGAINST ANOTHER STUDENT. (a) As provided by Section 25.0341(b)(2), as added by Chapter 997, Acts of the 79th Legislature, Regular Session, 2005, a student shall be removed from class and placed in a disciplinary alternative education program operated under Subchapter E or a juvenile justice alternative education program operated under Section 37.251.

(b) A limitation imposed by this chapter on the length of a placement in a disciplinary alternative education program or a juvenile justice alternative education program does not apply to a placement under this section.

Sec. 37.156. PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) A student shall be removed from class and placed in a disciplinary alternative education program under Subchapter E if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code; or

(2) commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A) engages in conduct punishable as a felony;

(B) engages in conduct that contains the elements of the offense of assault under Section 22.01(a)(1), Penal Code;

(C) sells, gives, or delivers to another person or possesses, uses, or is under the influence of:

(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or

(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code;

(D) sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage;

(E) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.033, Health and Safety Code;

(F) engages in conduct that contains the elements of the offense of public lewdness under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code;

(G) engages in conduct that contains the elements of the offense of soliciting membership in a criminal street gang under Section 71.022, Penal Code; or

(H) engages in conduct that constitutes criminal street gang activity, as described by Subsection (b), and as determined on the basis of a reasonable person's belief that the conduct is a manifestation of membership in a criminal street gang.

(b) For purposes of Subsection (a)(2)(H), criminal street gang activity means conduct engaged in by three or more persons who:

(1) have a common identifying sign or symbol or an identifiable leadership;

(2) continuously or regularly associate in the commission of criminal activities and associate with known criminal street gang members; and

(3) use criminal street gang dress, hand signals, tattoos, or symbols.

(c) A student shall be removed from class and placed in a disciplinary alternative education program under Subchapter E if the student engages in conduct on or off of school property that contains the elements of the offense of retaliation under Section 36.06, Penal Code, against any school employee.

(d) In addition to Subsections (a) and (c), a student may be removed from class and placed in a disciplinary alternative education program under Subchapter E on the basis of conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:

(1) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense by the Penal Code, other than a felony offense requiring a court placement under Section 37.164; and

(2) the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

(e) For purposes of Subsection (d), in determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent's designee may consider all available information, including the information furnished to the superintendent under Section 37.302.

(f) Subject to Section 37.158(b), a student who is younger than 10 years of age shall be removed from class and placed in a disciplinary alternative education program under Subchapter E if the student engages in conduct described by Section 37.158 or 37.159. An elementary school student may not be placed in a disciplinary alternative education program with any other student who is not an elementary school student.

(g) The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.

(h) On receipt of notice under Section 37.302(f), the superintendent or the superintendent's designee shall review the student's placement in the disciplinary alternative education program. The student may not be returned to the regular classroom pending the review. The superintendent or the superintendent's designee shall schedule a review of the student's placement with the student's parent or guardian not later than the third class day after the superintendent or superintendent's designee receives the notice under Section 37.302(f). After reviewing the notice and receiving information from the student's parent or guardian, the superintendent or the superintendent's designee may continue the student's placement in the disciplinary alternative education program if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.

(i) The student or the student's parent or guardian may appeal the superintendent's decision under Subsection (h) to the board of trustees. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next scheduled meeting, review the notice provided under Section 37.302(f) and receive information from the student, the student's parent or guardian, and the superintendent or superintendent's designee and confirm or reverse the decision made under Subsection (h). The board shall make a record of the proceedings. If the board confirms the decision of the superintendent or superintendent's designee, the board shall inform the student and the student's parent or guardian of the right to appeal to the commissioner under Subsection (j).

(j) Notwithstanding Section 7.057(e), the decision of the board of trustees under Subsection (i) may be appealed to the commissioner as provided by Sections 7.057(b), (c), and (d). The student may not be returned to the regular classroom pending the appeal.

(k) Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).

(l) Notwithstanding any other provision of this code, other than Section 37.158(b)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.

(m) Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.158 or 37.159 for the same conduct for which removal would be required.

(n) A principal or other appropriate administrator may, but is not required to, remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.

(o) A student may be removed to a disciplinary alternative education program under this section only in accordance with the student code of conduct required under Section 37.002.

Sec. 37.157. CONFERENCE AND REVIEW FOR STUDENTS PLACED IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.151(b) or (d) or by the school principal or other appropriate administrator under Section 37.002(a)(2) or 37.156, 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 valid attempts to require the person's attendance, the principal may order the placement of the student for a period consistent with the student code of conduct.

(b) A student may appeal to the board of trustees or the board's designee a decision of the principal or other appropriate administrator. The student or the student's parent or guardian must submit a written request for appeal to the superintendent not later than the seventh school day after the date of receipt of the decision. The superintendent shall provide the student or the student's parent or guardian with written notice of the time, date, and location of the next regularly scheduled board meeting at which the board or the board's designee will review the decision. The decision of the board or the board's designee is final and may not be appealed.

(c) The board or the board's designee shall deliver to the student and the student's parent or guardian a copy of the notice placing the student in a disciplinary alternative education program under Section 37.156.

(d) If the period of the placement of a student in the disciplinary alternative education program is inconsistent with the guidelines included in the student code of conduct under Section 37.002(a)(6), the notice of placement shall give reason for the inconsistency. The period of the placement may not exceed 180 school days unless, after a review, the board of trustees or the board's designee 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.

(e) If, during the term of a placement under this section, a student engages in additional conduct for which placement in a disciplinary alternative education program is required or permitted, additional proceedings may be conducted under this section regarding that conduct and the principal may enter an additional order as a result of those proceedings.

(f) A school district may terminate a student's placement in a disciplinary alternative education program at any time and return the student to the regular classroom or campus.

Sec. 37.158. MANDATORY EXPULSIONS. (a) A student shall be expelled from school if on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property, the student:

(1) uses, exhibits, or possesses:

(A) a firearm as defined by Section 46.01(3), Penal Code;

(B) an illegal knife as defined by Section 46.01(6), Penal Code;

(C) a club as defined by Section 46.01(1), Penal Code;

(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code; or

(E) a stun gun as defined by Section 38.14(a), Penal Code;

(2) possesses a hazardous substance as described by Section 501.002(a), Health and Safety Code;

(3) engages in conduct that contains the elements of a felony drug offense, except for a drug offense enhanced to a felony under Section 481.134, Health and Safety Code;

(4) engages in conduct that contains the elements of the offense of possessing the components of an explosive under Section 46.09, Penal Code;

(5) engages in conduct that contains the elements of the offense of assault under Section 22.01, Penal Code, against a school employee or volunteer; or

(6) engages in conduct that contains the elements of any of the following offenses, or attempts under Section 15.01, Penal Code, or conspires under Section 15.02, Penal Code, to engage in conduct that contains the elements of any of the following offenses:

(A) a felony offense under Title 5, Penal Code;

(B) the offense of arson under Section 28.02, Penal Code; or

(C) the offense of aggravated robbery under Section 29.03, Penal Code.

(b) In accordance with 20 U.S.C. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that:

(1) the superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 7801, may modify the length of the expulsion in the case of an individual student;

(2) the district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program under Subchapter E if the student is younger than 10 years of age on the date of expulsion; and

(3) the district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program under Subchapter E.

(c) On receipt of notice under Section 37.162(c) or 37.302(f), a school district shall immediately return the student to the student's campus or disciplinary alternative education program as provided by Section 37.156.

Sec. 37.159. DISCRETIONARY EXPULSIONS. (a) A student may be expelled if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of terroristic threat under Section 22.07, Penal Code, if the conduct is punishable as a misdemeanor under that section, or false alarm or report under Section 42.06, Penal Code;

(2) while on or within 300 feet of any school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A) sells, gives, delivers to another person, possesses, uses, or is under the influence of any amount of:

(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or 21 U.S.C. Section 801 et seq.;

(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or

(iii) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code; or

(B) engages in conduct that contains the elements of:

(i) an offense relating to an abusable volatile chemical under Sections 485.031 through 485.033, Health and Safety Code; or

(ii) the offense of deadly conduct under Section 22.05, Penal Code, if the conduct is punishable as a misdemeanor under that section;

(3) exhibits or possesses a legal knife, as defined in the district's student code of conduct, on a school campus or at a school-related activity; or

(4) while placed in a disciplinary alternative education program for disciplinary reasons, continues to engage in serious misconduct that violates the district's student code of conduct.

(b) A student may be expelled if on school property or at a school-related activity the student engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03, Penal Code, if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.

(c) On receipt of notice under Section 37.162(c) or 37.302(f), a school district shall immediately return the student to the student's campus or disciplinary alternative education program as provided by Section 37.156.

Sec. 37.160. LIMITATION ON EXPULSIONS. (a) Subject to Section 37.158(b), and notwithstanding any other provision of Section 37.158 or 37.159, a student who is younger than 10 years of age may not be expelled for engaging in conduct described by those sections.

(b) A student may not be expelled for conduct other than that specified under Section 37.158 or 37.159.

Sec. 37.161. HEARING AND REVIEW FOR EXPULSIONS. (a) Before a student may be expelled under Section 37.158 or 37.159, the board of trustees of the school district in which the student is enrolled or the board's designee shall provide the student a hearing at which the student is given appropriate due process as required by the federal constitution and which the student's parent or guardian is invited, in writing, to attend. At the hearing, the student is entitled to be represented by the student's parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district. If the school district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends.

(b) If the decision to expel a student is made by the board's designee, the decision may be appealed to the board. The student or parent must submit a written request for appeal to the superintendent not later than the seventh school day after the date of receipt of the decision. The superintendent shall provide the student or parent with written notice of the time, date, and location of the next regularly scheduled board meeting at which the board will review the decision. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district's central administrative office is located.

(c) The board or the board's designee shall deliver to the student and the student's parent or guardian a copy of the order expelling the student under Section 37.158 or 37.159.

(d) The period of an expulsion may not exceed 180 school days unless, after a review, the board of trustees or the board's designee 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.

(e) If, during the term of an expulsion ordered under this section, a student engages in additional conduct for which expulsion is required or permitted, additional proceedings may be conducted under this section regarding that conduct and the principal or board of trustees or board designee, as appropriate, may enter an additional order as a result of those proceedings.

(f) Except as provided by Section 37.158(b), a school district may terminate a student's expulsion at any time and return the student to the regular classroom or campus.

Sec. 37.162. NOTIFICATION TO JUVENILE COURT AFTER EXPULSION. (a) A school district that expels a child shall provide notification of the expulsion to the juvenile court in the county in which the child resides. The board of trustees of the school district or a person designated by the board shall provide the notification required under this section to the authorized officer of the juvenile court not later than the second working day after the date of the expulsion hearing held under Section 37.161.

(b) Not later than the fifth working day after the date of receipt of an expulsion notice under this section, a preliminary investigation and determination shall be conducted as required by Section 53.01, Family Code.

(c) Not later than the second working day after the date the determination is made, the office or official designated by the juvenile board shall notify the school district that expelled the child if:

(1) a determination was made under Section 53.01, Family Code, that the person referred to juvenile court was not a child within the meaning of Title 3, Family Code;

(2) a determination was made that no probable cause existed to believe the child engaged in delinquent conduct or conduct indicating a need for supervision;

(3) no deferred prosecution or formal court proceedings have been or will be initiated involving the child;

(4) the court or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case has been dismissed with prejudice; or

(5) the child was adjudicated but no disposition was or will be ordered by the court.

(d) In any county where a juvenile justice alternative education program is operated, a student may not be expelled without written notification by the board of trustees of the school district or its designated agent to the juvenile board's designated representative. The notification shall be made not later than the second business day following the board's determination that the student is to be expelled. Failure to timely notify the designated representative of the juvenile board shall result in the child's duty to continue attending the school district's educational program, which shall be provided to that child until such time as the notification to the juvenile board's designated representative is properly made.

Sec. 37.163. STUDENT WITHDRAWING FROM DISTRICT OR ENROLLING IN ANOTHER DISTRICT. (a) If a student withdraws from a school district before an order for placement in a disciplinary alternative education program is entered under Section 37.156 or an order for expulsion is entered under Section 37.158 or 37.159, the principal or board of trustees or board designee, as appropriate, may complete the proceedings and enter an order. If the student subsequently enrolls in the district during the same or subsequent school year, the district may enforce the order at that time except for any period of the placement or expulsion that has been served by the student on enrollment in another district that honored the order. If the principal, board, or board designee fails to enter an order after the student withdraws, the district in which the student subsequently enrolls may complete the proceedings and enter an order.

(b) If a school district takes disciplinary action against a student and the student subsequently enrolls in another district before the expiration of the period of disciplinary action or if the disciplinary action is pending, the district taking the disciplinary action shall provide to the district in which the student enrolls, at the same time academic and other records of the student are provided, a copy of the order of disciplinary action.

Sec. 37.164. COURT PLACEMENTS. (a) This section applies only to a student who, while the student is not on or within 300 feet of school property, as measured from any point on the school's real property boundary line, and not attending a school-sponsored or school-related activity or event:

(1) engages in conduct that contains the elements of the offense of assault under Section 22.01, Penal Code, against a school employee or volunteer; or

(2) engages in conduct that contains the elements of any of the following offenses, or attempts under Section 15.01, Penal Code, or conspires under Section 15.02, Penal Code, to engage in conduct that contains the elements of any of the following offenses:

(A) a felony offense under Title 5, Penal Code;

(B) the offense of arson under Section 28.02, Penal Code; or

(C) the offense of aggravated robbery under Section 29.03, Penal Code.

(b) The juvenile court, juvenile board, or the appropriate criminal court, as applicable, shall require a student who is referred, arrested, or otherwise under the jurisdiction of the court or board as a result of engaging in conduct described by Subsection (a) to:

(1) in a county where a juvenile justice alternative education program is operated under Section 37.251, attend the juvenile justice alternative education program; or

(2) in a county that does not operate a juvenile justice alternative education program under Section 37.251, attend the juvenile justice alternative education program or educational program provided for under Section 37.255.

Sec. 37.165. COURT INVOLVEMENT. (a) Unless the juvenile board for the county in which the school district's central administrative office is located has entered into a memorandum of understanding with the district's board of trustees concerning the juvenile probation department's role in supervising and providing other support services for students in disciplinary alternative education programs, a court may not order a student expelled under Section 37.158 or 37.159 to attend a regular classroom, a regular campus, or a school district disciplinary alternative education program as a condition of probation.

(b) Unless the juvenile board for the county in which the school district's central administrative office is located has entered into a memorandum of understanding as described by Subsection (a), if a court orders a student to attend a disciplinary alternative education program as a condition of probation once during a school year and the student is referred to juvenile court again during that school year, the juvenile court may not order the student to attend a disciplinary alternative education program in a district without the district's consent until the student has successfully completed any sentencing requirements the court imposes.

(c) Any placement in a disciplinary alternative education program by a court under this section must prohibit the student from attending or participating in school-sponsored or school-related activities.

(d) If a student is expelled under Section 37.158 or 37.159, on the recommendation of the committee established under Section 37.152 or on its own initiative, a school district may readmit the student while the student is completing any court disposition requirements the court imposes. After the student has successfully completed any court disposition requirements the court imposes, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department, if the student meets the requirements for admission into the public schools established by this title, a district may not refuse to admit the student, but the district may place the student in the disciplinary alternative education program. Notwithstanding Section 37.151(d), the student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher's consent.

Sec. 37.166. EMERGENCY PLACEMENT OR EXPULSION. (a) This subchapter does not prevent the principal or the principal's designee from ordering the immediate placement of a student in a disciplinary alternative education program if the principal or the principal's designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of school or a school-sponsored activity.

(b) This subchapter does not prevent the principal or the principal's designee from ordering the immediate expulsion of a student if the principal or the principal's designee reasonably believes that action is necessary to protect persons or property from imminent harm.

(c) At the time of an emergency placement or expulsion, the student shall be given oral notice of the reason for the action. The reason must be a reason for which placement in a disciplinary alternative education program or expulsion may be made on a nonemergency basis. Within a reasonable time after the emergency placement or expulsion, but not later than the 10th day after the date of the placement or expulsion, the student shall be given the appropriate due process as required under Section 37.157 or 37.161. If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the emergency placement or expulsion is subject to federal law and regulations and must be consistent with the consequences that would apply under this subchapter to a student without a disability.

(d) A principal or principal's designee is not liable in civil damages for an emergency placement or expulsion made under this section.

Sec. 37.167. OPPORTUNITY TO COMPLETE COURSES DURING IN-SCHOOL SUSPENSION AND CERTAIN OTHER PLACEMENTS. (a) If a school district removes a student from the regular classroom and assigns the student to in-school suspension or another setting other than a disciplinary alternative education program, the district shall offer the student the opportunity to complete before the beginning of the next school year each course in which the student was enrolled at the time of the removal.

(b) The district may provide the opportunity to complete courses by any method available, including a correspondence course, distance learning, or summer school.

Sec. 37.168. NOTICE TO NONCUSTODIAL PARENT. (a) A noncustodial parent may request in writing that a school district or school, for the remainder of the school year in which the request is received, provide that parent with a copy of any written notification relating to student misconduct under Section 37.156, 37.158, or 37.159 that is generally provided by the district or school to a student's parent or guardian.

(b) A school district or school may not unreasonably deny a request authorized by Subsection (a).

(c) Notwithstanding any other provision of this section, a school district or school shall comply with any applicable court order of which the district or school has knowledge. [Sections 37.169-37.200 reserved for expansion] SUBCHAPTER E. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS

Sec. 37.201. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) Each school district shall provide a disciplinary alternative education program that provides instructional programming to students to enable academic achievement and positive behavioral changes. Each disciplinary alternative education program shall:

(1) be provided in a setting other than a student's regular classroom;

(2) be located on or off of a regular school campus;

(3) provide for the students who are assigned to the program to be separated from students who are not assigned to the program;

(4) focus on English language arts, mathematics, science, social studies, and self-discipline;

(5) provide for students' educational and behavioral needs;

(6) provide supervision and counseling;

(7) ensure that each teacher in the program meets all certification requirements established under Subchapter B, Chapter 21; and

(8) operate at least seven hours per day and 180 days per year, except that the program may follow the same calendar adopted by the district for all district campuses.

(b) A disciplinary alternative education program may provide for a student's transfer to:

(1) a different campus or program;

(2) a school-community guidance center; or

(3) a community-based alternative school.

(c) An off-campus disciplinary alternative education program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39.

(d) A school district may provide a disciplinary alternative education program jointly with one or more other districts. For purposes of Section 42.005, a student placed in a joint program under this subsection is included only in the average daily attendance of the district placing the student.

(e) Each school district shall cooperate with government agencies and community organizations that provide services in the district to students placed in a disciplinary alternative education program.

(f) A school district may not place a student, other than a student assigned to out-of-school suspension as provided under Section 37.154 or expelled as provided under Section 37.158 or 37.159, in an unsupervised setting as a result of conduct for which a student may be placed in a disciplinary alternative education program.

(g) On request of a school district, a regional education service center may provide to the district information on developing a disciplinary alternative education program that takes into consideration the district's size, wealth, and existing facilities in determining the program best suited to the district.

(h) A school district is only required to provide in a disciplinary alternative education program a course necessary to fulfill a student's high school graduation requirements as provided by this subchapter.

Sec. 37.202. OPPORTUNITY TO COMPLETE COURSEWORK IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year.

(b) The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school.

(c) The district may not charge the student for a course provided under this section.

Sec. 37.203. REVIEW OF STATUS OF STUDENT PLACED IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM. (a) A student placed in a disciplinary alternative education program shall be provided a review of the student's status, including a review of the student's academic status, by the school district at intervals not to exceed 120 days. In the case of a high school student, the district, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student.

(b) The district is not required under this section to provide a course in the district's disciplinary alternative education program except as otherwise required under this subchapter.

Sec. 37.204. CHEMICAL DEPENDENCY TREATMENT SERVICES. (a) A program of educational and support services may be provided to a student placed in a disciplinary alternative education program and to the student's parents when the offense involves drugs or alcohol as specified under Section 37.156, 37.158, or 37.159.

(b) A disciplinary alternative education program that provides chemical dependency treatment services must be licensed under Chapter 464, Health and Safety Code.

Sec. 37.205. FUNDING OF DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) A student removed to a disciplinary alternative education program is counted in computing the average daily attendance of students in the district for the student's time in actual attendance in the program.

(b) A school district shall allocate to a disciplinary alternative education program the same expenditure per student attending the program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program.

Sec. 37.206. TRANSFER OF STUDENT PLACED IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM TO ANOTHER SCHOOL DISTRICT. (a) If a student placed in a disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement. A district may take any action permitted by this subsection if:

(1) the student was previously enrolled in an open-enrollment charter school and the charter school provides the district with documentation of the student's conduct that under the district's student code of conduct would require or allow the student to be placed in a disciplinary alternative education program; or

(2) the student was placed in a disciplinary alternative education program by a school district in another state and:

(A) the out-of-state district provides to the district a copy of the placement order; and

(B) the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling.

(b) If a student was placed in a disciplinary alternative education program by a school district in another state for a period that exceeds one year and a school district in this state in which the student enrolls continues the placement under Subsection (a), the district shall reduce the period of the placement so that the aggregate period does 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.

Sec. 37.207. EVALUATION OF DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) The commissioner shall adopt rules necessary to evaluate annually the performance of each district's disciplinary alternative education program established under this subchapter.

(b) The evaluation required by this section must be based on indicators defined by the commissioner and must include student performance on assessment instruments required under Sections 39.023(a) and (c). The system must be designed to identify districts that are at a high risk of having inaccurate disciplinary alternative education program data or of failing to comply with disciplinary alternative education program requirements.

(c) The commissioner shall notify the board of trustees of a district of any objection the commissioner has to the district's disciplinary alternative education program data or of a violation of a law or rule revealed by the data, including any violation of disciplinary alternative education program requirements, or of any recommendation by the commissioner concerning the data.

(d) If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general.

(e) The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of disciplinary alternative education program data.

Sec. 37.208. MINIMUM STANDARDS FOR DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) Notwithstanding any other provision in this code, the commissioner shall adopt reasonable rules regarding minimum standards for the operation of disciplinary alternative education programs created under this subchapter. Minimum standards shall include staffing ratios, staff training, security and control, reporting of abuse, neglect and exploitation, and health and safety.

(b) The commissioner shall develop a compliance monitoring system that includes identification of high risk disciplinary alternative education programs and on-site monitoring of those identified. The monitoring system shall require the issuance of a monitoring report identifying areas of noncompliance, a system to track corrective actions plans for disciplinary alternative education programs, and a system to track the progression, completion, and verification of those plans. Additionally, the system shall allow the issuance, notification, and tracking of findings of noncompliance that are cited outside of the normal monitoring process, such as unannounced visits or investigations. [Sections 37.209-37.250 reserved for expansion] SUBCHAPTER F. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS; COORDINATION WITH JUVENILE JUSTICE AGENCIES

Sec. 37.251. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice alternative education program, subject to the approval of the Texas Juvenile Probation Commission. Only the juvenile board of a county has the authority to operate a juvenile justice alternative education program.

(b) The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. A juvenile justice alternative education program in a county with a population of 125,000 or less:

(1) is not required to be approved by the Texas Juvenile Probation Commission;

(2) is not subject to Subsection (d) or (e) or Sections 37.252(a)-(d); and

(3) is required to adhere to all health and safety standards established under 37 T.A.C. Chapter 348.

(c) The mission of a juvenile justice alternative education program is to provide instructional programming to students to enable academic achievement and positive behavioral changes.

(d) A juvenile justice alternative education program shall adopt a student code of conduct in accordance with rules adopted by the Texas Juvenile Probation Commission.

(e) A juvenile justice alternative education program shall operate at least seven hours per day and 180 days per year, except that a program may apply to the Texas Juvenile Probation Commission for a waiver of the 180-day requirement. The Texas Juvenile Probation Commission may not grant a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program.

(f) A juvenile justice alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice alternative education program under a contract with the juvenile board.

(g) A juvenile justice alternative education program shall be subject to a written operating policy developed by the juvenile board in accordance with rules adopted by the Texas Juvenile Probation Commission. A juvenile justice alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39.

(h) A student transferred to a juvenile justice alternative education program must participate in the program for the full period ordered by the court unless the student's school district agrees to accept the student before the date ordered by the court. The court may not order a period of transfer under this section that exceeds the term of any probation or community service ordered by the court.

(i) In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board's or county's professional employees and volunteers are immune from liability to the same extent as a school district's professional employees and volunteers.

(j) In accordance with rules adopted by the board of trustees for the Teacher Retirement System of Texas, a certified educator employed by a juvenile board in a juvenile justice alternative education program shall be eligible for membership and participation in the system to the same extent that an employee of a public school district is eligible. The juvenile board shall make any contribution that otherwise would be the responsibility of the school district if the person were employed by the school district, and the state shall make any contribution to the same extent as if the person were employed by a school district.

Sec. 37.252. CURRICULUM; ACCOUNTABILITY. (a) A juvenile justice alternative education program shall focus on English language arts, mathematics, science, social studies, and self-discipline.

(b) A juvenile justice alternative education program shall administer assessment instruments under Subchapter B, Chapter 39, and offer a high school equivalency program.

(c) A juvenile justice alternative education program shall regularly provide to a student a review of the student's academic progress. In the case of a high school student, the juvenile board or the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and establish a specific graduation plan for the student.

(d) A juvenile justice alternative education program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this section.

(e) Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school.

(f) For purposes of accountability under Chapter 39, a student enrolled in a juvenile justice alternative education program is reported as if the student were enrolled at the student's assigned campus in the student's regularly assigned education program, including a special education program. The Texas Juvenile Probation Commission shall develop and implement a system of accountability consistent with Chapter 39, where appropriate, to assure that students make academic and behavioral gains while attending a juvenile justice alternative education program.

(g) The juvenile board or the board's designee shall recommend that a student placed in a juvenile justice alternative education program participate in the high school equivalency program offered by the juvenile justice alternative education program if:

(1) the student is at least 16 years of age;

(2) the student is not likely to receive a high school diploma before the sixth school year following the student's enrollment in grade nine, as determined by the board or the board's designee; and

(3) the student's parent or guardian consents to the student participating in the high school equivalency program.

Sec. 37.253. JOINT MEMORANDUM OF UNDERSTANDING. (a) Not later than September 1 of each school year, each county juvenile board that operates a juvenile justice alternative education program under this subchapter and each school district in that county shall 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 subchapter;

(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 made on the basis of a discretionary expulsion under Section 37.159;

(3) identifies those categories of conduct that the school district has defined in its student code of conduct as constituting serious misconduct for which a student may be expelled and placed in a juvenile justice alternative education program, as provided under Section 37.002(a)(4);

(4) establishes services for transitioning students to the school district before completion of the student's placement in the juvenile justice alternative education program;

(5) establishes a plan that provides transportation services for students placed in the juvenile justice alternative education program;

(6) establishes the circumstances and conditions under which a student may be allowed to remain in the juvenile justice alternative education program setting once the student is no longer under juvenile court jurisdiction;

(7) establishes a plan to address special education services required by law; and

(8) establishes the time frames and identifies student information that will be transferred to and from the juvenile justice alternative education program.

(b) The school district is responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program.

(c) If a student who is ordered to attend a juvenile justice alternative education program moves from one county to another, the court may request the juvenile justice alternative education program in the county to which the student moves to provide educational services to the student in accordance with the local memorandum of understanding between the school district and juvenile board in the receiving county.

(d) If the juvenile board elects to serve students expelled under Section 37.159 and the juvenile board and school district are unable to reach an agreement in the memorandum of understanding, either party may request that the issues of dispute be referred to a binding arbitration process that uses a qualified alternative dispute resolution arbitrator in which each party will pay its pro rata share of the arbitration costs. Each party must submit its final proposal to the arbitrator. If the parties cannot agree on an arbitrator, the juvenile board shall select an arbitrator, the school districts shall select an arbitrator, and those two arbitrators shall select an arbitrator who will decide the issues in dispute. An arbitration decision issued under this subsection is enforceable in a court in the county in which the juvenile justice alternative education program is located. Any decision by an arbitrator concerning the amount of the funding for a student who is expelled and attending a juvenile justice alternative education program must provide an amount sufficient based on operation of the juvenile justice alternative education program in accordance with this chapter. In determining the amount to be paid by a school district for an expelled student enrolled in a juvenile justice alternative education program, the arbitrator shall consider the relevant factors, including evidence of:

(1) the actual average total per student expenditure in the district's disciplinary alternative education program;

(2) the expected per student cost in the juvenile justice alternative education program as described and agreed on in the memorandum of understanding and in compliance with this chapter; and

(3) the costs necessary to achieve the accountability goals under this chapter.

Sec. 37.254. FUNDING OF JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS. (a) The Texas Juvenile Probation Commission shall adopt rules for the distribution of funds appropriated under this subchapter to juvenile boards in counties required to establish juvenile justice alternative education programs. Except as determined by the commissioner, a student served by a juvenile justice alternative education program on the basis of a mandatory expulsion under Section 37.158 or court placement under Section 37.164 is not eligible for Foundation School Program payments or textbooks under Chapter 31 if the juvenile justice alternative education program receives funding from the Texas Juvenile Probation Commission under this subchapter.

(b) Subject to Section 37.253(c), the school district in which a student is enrolled on the date the student is expelled for conduct for which expulsion is permitted under Section 37.159 shall, if the student is served by the juvenile justice alternative education program, provide funding to the juvenile board for the portion of the school year for which the juvenile justice alternative education program provides educational services in an amount determined by the memorandum of understanding under Section 37.253(a)(2).

(c) Funds received under this section must be expended on juvenile justice alternative education programs.

(d) The Office of State-Federal Relations shall assist a local juvenile probation department in identifying additional state or federal funds to assist in conducting educational or job training programs within a juvenile justice alternative education program.

(e) A school district may agree in the memorandum of understanding described by Section 37.253 to provide funding to a juvenile board for a student for whom the juvenile justice alternative education program has not received funding from the Texas Juvenile Probation Commission.

(f) Except as otherwise authorized by law, a juvenile justice alternative education program may not require a student or the parent or guardian of a student to pay any fee, including an entrance fee or supply fee, for participating in the program.

Sec. 37.255. SCHOOL DISTRICTS NOT LOCATED IN COUNTY OPERATING JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) A school district that is located in a county that does not operate a juvenile justice alternative education program under Section 37.251 may:

(1) negotiate an agreement with a county that operates a juvenile justice alternative education program; or

(2) provide an educational program for expelled students and students subject to a court placement under Section 37.164 in a manner that ensures that such students are separated from other students at a regular campus, including any students placed in a disciplinary alternative education program operated at the campus.

(b) A school district that chooses to operate an educational program under this section shall:

(1) provide a program that is operated in accordance with the district's regular school calendar;

(2) operate the program at least four hours per day;

(3) enter into a memorandum of understanding with the juvenile board of the county in which the district is located to obtain assistance with support services, supervision, and enforcement;

(4) provide program instruction in English language arts, mathematics, science, social studies, and self-discipline;

(5) periodically review a student's educational progress while attending the program; and

(6) grant course credit for the work completed by a student while attending the program.

(c) A school district is entitled to count a student who attends a program under this section in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program.

Sec. 37.256. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by a juvenile board is entitled to count such students in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. If the district has a wealth per student greater than the guaranteed wealth level but less than the equalized wealth level, the district in which the student is enrolled on the date a court orders the student to be confined to a juvenile residential facility shall transfer to the district providing education services an amount equal to the difference between the average Foundation School Program costs per student of the district providing education services and the sum of the state aid and the money from the available school fund received by the district that is attributable to the student for the portion of the school year for which the district provides education services to the student.

Sec. 37.257. COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS. The board of trustees of the school district or the board's designee shall meet annually with the juvenile board for the county in which the district's central administrative office is located or the juvenile board's designee to develop a memorandum of understanding concerning supervision and rehabilitative services appropriate for expelled students, court-placed students, and students assigned to disciplinary alternative education programs. Matters for discussion shall include sharing of information, appropriate education placement for court-related students, mentoring, tutoring, and coordinating of related services.

Sec. 37.258. COURT-RELATED CHILDREN-LIAISON OFFICERS. Each school district shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district. The liaison officer shall provide counseling and services for each court-related child and the child's parents to establish or reestablish normal attendance and progress of the child in the school.

Sec. 37.259. INTERAGENCY SHARING OF RECORDS. (a) A school district superintendent or the superintendent's designee may disclose information contained in a student's educational records to a juvenile justice agency, as that term is defined by Section 58.101, Family Code, if the disclosure is under an interagency agreement authorized by Section 58.0051, Family Code.

(b) The commissioner may enter into an interagency agreement to share educational information for research, audit, and analytical purposes with:

(1) the Texas Juvenile Probation Commission;

(2) the Texas Youth Commission; and

(3) the Texas Department of Criminal Justice.

(c) This section does not require or authorize release of student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). [Sections 37.260-37.300 reserved for expansion] SUBCHAPTER G. NOTIFICATION; REPORTS

Sec. 37.301. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY. (a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not located in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

(1) conduct that may constitute a felony offense;

(2) deadly conduct under Section 22.05, Penal Code;

(3) a terroristic threat under Section 22.07, Penal Code;

(4) the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;

(5) the possession of any weapon or device listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code;

(6) conduct that may constitute a criminal offense under Section 71.02, Penal Code; or

(7) other conduct that may constitute a criminal offense for which a student may be expelled under Section 37.158 or 37.159.

(b) A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.

(c) A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.

(d) The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.

(e) The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.

(f) A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects committed an offense under the laws of the state.

Sec. 37.302. NOTIFICATION TO SCHOOLS CONCERNING CERTAIN CRIMINAL ACTIVITY. (a) In this section:

(1) "Principal" includes a principal's designee.

(2) "Superintendent" includes a superintendent's designee.

(b) This section applies to any felony offense and the following misdemeanors:

(1) Section 20.02, Penal Code (Unlawful Restraint);

(2) Section 21.07, Penal Code (Public Lewdness);

(3) Section 21.08, Penal Code (Indecent Exposure);

(4) Section 22.01, Penal Code (Assault);

(5) Section 22.05, Penal Code (Deadly Conduct);

(6) Section 22.07, Penal Code (Terroristic Threat);

(7) Section 42.06, Penal Code (False Alarm or Report);

(8) Section 71.02, Penal Code (Engaging in Organized Criminal Activity);

(9) the unlawful use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana, as defined by Chapter 481, Health and Safety Code; or

(10) the unlawful possession of any of the weapons or devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon listed as a prohibited weapon under Section 46.05, Penal Code.

(c) A law enforcement agency that arrests any person or refers a person who is a child to the office or official designated by the juvenile board for an offense listed under Subsection (b) who the agency believes is enrolled as a student in a public or private primary or secondary school shall attempt to determine whether the person is a student. If the law enforcement agency determines that the person is a student, the agency shall orally notify the superintendent of the school district or the principal of the private school in which the student is enrolled of the arrest or referral within 24 hours after the arrest or referral is made or on the next school day. If the law enforcement agency cannot determine whether the person is a student, the agency shall orally notify the superintendent of the school district or the principal of the private school in which the person is believed to be enrolled of the arrest or referral within 24 hours after the arrest or referral or on the next school day.

(d) On receiving notification under Subsection (c) concerning a student enrolled in the school district or private school, the superintendent of the district or principal of the private school shall within 24 hours or on the next school day notify all instructional and support personnel who have responsibility for supervising the student.

(e) Not later than the seventh day after the date the oral notice is provided under Subsection (c), the law enforcement agency shall mail written notification, marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the superintendent of the school district or the principal of the private school. Both the oral and written notice must contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the superintendent or principal to determine whether there is a reasonable belief that the student has engaged in conduct listed under Subsection (b). The information contained in the notice may be considered by the superintendent or principal in making such a determination.

(f) The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the superintendent of the school district or the principal of the private school if:

(1) prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or

(2) the court or jury found the student not guilty or made a finding that the student did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

(g) On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of a person enrolled as a student in a public or private primary or secondary school for an offense listed under Subsection (b), the office of the prosecuting attorney acting in the case shall orally notify the superintendent of the school district or the principal of the private school in which the student is enrolled of the conviction or adjudication within 24 hours of the time of the order or on the next school day. The superintendent or principal shall within 24 hours or on the next school day notify all instructional and support personnel who have regular contact with the student.

(h) Not later than the seventh day after the date the oral notice is provided under Subsection (g), the office of the prosecuting attorney shall mail written notice to the superintendent or principal. The written notice must contain a statement of the offense of which the person is convicted or on which the adjudication, deferred adjudication, or deferred prosecution is grounded. The notice required under this subsection must:

(1) contain details of the offense or conduct committed by the person; and

(2) state whether the person is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.

(i) A parole or probation office having jurisdiction over a student described by Subsection (c) or (g) who transfers from a school or is subsequently removed from a school and later returned to a school or school district other than the one the student was enrolled in when the arrest, referral to a juvenile court, conviction, or adjudication occurred shall notify the new school officials of the arrest or referral in the same manner to that provided for by Subsection (c) or of the conviction or delinquent adjudication in the same manner to that provided for by Subsection (g). The Texas Youth Commission shall provide the notice required by this subsection if the student is committed to the commission. The new school officials shall within 24 hours or on the next school day notify all instructional and support personnel who have regular contact with the student.

(j) The superintendent of the school district or the principal of the private school may send to any school district or school employee the information contained in a written notification provided under this section if the superintendent or principal determines that the employee needs the information for educational purposes or for the protection of the person informed or others.

(k) A person who receives information under this section may not disclose the information except as specifically authorized by this section. The State Board for Educator Certification may revoke or suspend the certification of a school employee who intentionally violates this subsection.

(l) A person may substitute electronic notification for oral notification where oral notification is required under this section. If electronic notification is substituted for oral notification, any written notification required under this section is not required.

(m) A person who intentionally violates this section commits an offense. An offense under this subsection is a Class C misdemeanor.

Sec. 37.303. DESTRUCTION OF CERTAIN RECORDS. Information received by a school district under Section 37.302 may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information not later the first anniversary of the date on which the district received the information.

Sec. 37.304. REPORTS RELATING TO EXPULSIONS AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a) In the manner required by the commissioner, each school district shall annually report to the commissioner the information required by this section.

(b) For each placement in a disciplinary alternative education program established under Subchapter E, the district shall report:

(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;

(2) information indicating whether the placement was based on:

(A) conduct violating the student code of conduct adopted under Section 37.002;

(B) conduct for which a student may be removed from class under Section 37.151(b);

(C) conduct for which placement in a disciplinary alternative education program is required by Section 37.156; or

(D) conduct occurring while a student was enrolled in another district and for which placement in a disciplinary alternative education program is permitted by Section 37.206(a);

(3) the number of full or partial days the student was assigned to the program and the number of full or partial days the student attended the program; and

(4) the number of placements that were inconsistent with the guidelines included in the student code of conduct under Section 37.002(a)(6).

(c) For each expulsion under Section 37.158 or 37.159, the district shall report:

(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;

(2) information indicating whether the expulsion was based on:

(A) conduct for which expulsion is required under Section 37.158, including information specifically indicating whether a student was expelled on the basis of Section 37.158(b); or

(B) conduct for which expulsion is permitted under Section 37.159;

(3) the number of full or partial days the student was expelled;

(4) information indicating whether:

(A) the student was placed in a juvenile justice alternative education program;

(B) the student was placed in a disciplinary alternative education program; or

(C) the student was not placed in a juvenile justice or other disciplinary alternative education program; and

(5) the number of expulsions that were inconsistent with the guidelines included in the student code of conduct under Section 37.002(a)(6). [Sections 37.305-37.350 reserved for expansion] SUBCHAPTER H. TEXAS SCHOOL SAFETY CENTER

Sec. 37.351. DEFINITIONS. In this subchapter:

(1) "Board" means the board of directors of the center.

(2) "Center" means the Texas School Safety Center.

Sec. 37.352. PURPOSE. The purpose of the center is to serve as:

(1) a central location for school safety information, including research, training, and technical assistance related to successful school safety programs; and

(2) a resource for the prevention of youth violence and the promotion of safety in the state.

Sec. 37.353. BOARD. (a) The center is advised by a board of directors composed of:

(1) the attorney general, or the attorney general's designee;

(2) the commissioner, or the commissioner's designee;

(3) the executive director of the Texas Juvenile Probation Commission, or the executive director's designee;

(4) the executive director of the Texas Youth Commission, or the executive director's designee;

(5) the executive commissioner of the Health and Human Services Commission, or the executive commissioner's designee; and

(6) the following members appointed by the governor with the advice and consent of the senate:

(A) a juvenile court judge;

(B) a member of a school district's board of trustees;

(C) an administrator of a public primary school;

(D) an administrator of a public secondary school;

(E) a member of the state parent-teacher association;

(F) a teacher from a public primary or secondary school;

(G) a public school superintendent who is a member of the Texas Association of School Administrators;

(H) a school district police officer or a peace officer whose primary duty consists of working in a public school; and

(I) two members of the public.

(b) Members of the board appointed under Subsection (a)(6) serve staggered two-year terms, with the terms of the members described by Subsections (a)(6)(A)-(E) expiring on February 1 of each odd-numbered year and the terms of the members described by Subsections (a)(6)(F)-(I) expiring on February 1 of each even-numbered year. A member may serve more than one term.

(b-1) A person appointed to the board under former Section 37.203, as that section existed on January 1, 2007, continues to serve until the expiration of the person's term as provided by that section. This subsection expires February 1, 2009.

(c) The board may form committees as necessary.

Sec. 37.354. OFFICERS; MEETINGS; COMPENSATION. (a) The board shall annually elect from among its members a chairperson and a vice chairperson.

(b) The board shall meet at least four times each year.

(c) A member of the board may not receive compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the board as provided by the General Appropriations Act.

Sec. 37.355. CENTER PROGRAMS. (a) The center shall conduct for school districts a safety training program that includes:

(1) development of a positive school environment and proactive safety measures designed to address local concerns;

(2) school safety courses for law enforcement officials, with a focus on school district police officers and school resource officers;

(3) discussion of school safety issues with parents and community members; and

(4) assistance in developing a multihazard emergency operations plan for adoption under Section 37.057.

(b) The center shall develop security criteria that school districts may consider in the design of instructional facilities.

(c) The center shall develop a model safety and security audit procedure for use by school districts that includes:

(1) providing each district with guidelines and a training video showing proper audit procedures;

(2) reviewing each district audit, providing the results of the review to the district, and making recommendations for improvements based on the audit; and

(3) incorporating the findings of district audits in a statewide report on school safety made available by the center to the public.

(d) On request of a school district, the center may provide on-site technical assistance to the district for:

(1) school safety and security audits; and

(2) school safety and security information and presentations.

(e) The center shall develop and maintain an interactive Internet website that includes:

(1) quarterly news updates related to school safety and violence prevention;

(2) school crime data;

(3) a schedule of training and special events; and

(4) a list of persons approved by the board to provide school safety presentations.

(f) The center shall sponsor a student essay contest entitled "Charting the Course for School Safety."

(g) The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention.

(h) The center shall promote cooperation between state agencies, institutions of higher education, and any local juvenile delinquency prevention councils to address discipline and safety issues in the state.

(i) The center may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.

Sec. 37.356. BUDGET. (a) The board shall annually approve a budget for the center.

(b) The center shall biennially prepare a budget request for submission to the legislature.

Sec. 37.357. ANNUAL REPORT. (a) Not later than September 1 of each year, the board shall provide a report to the governor, the legislature, the State Board of Education, and the agency.

(b) The annual report must include any findings made by the center regarding school safety and the center's functions, budget information, and strategic planning initiatives of the center. [Sections 37.358-37.400 reserved for expansion] SUBCHAPTER I. SCHOOL-COMMUNITY GUIDANCE CENTERS

Sec. 37.401. DEFINITION. In this subchapter, "parent" includes a legal guardian.

Sec. 37.402. ESTABLISHMENT. Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders. Each center shall coordinate the efforts of school district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.

Sec. 37.403. COOPERATIVE PROGRAMS. The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct.

Sec. 37.404. COOPERATION OF GOVERNMENTAL AGENCIES. (a) Each governmental agency that is concerned with children and that has jurisdiction in the school district shall cooperate with the school-community guidance centers on the request of the superintendent of the district and shall designate a liaison to work with the centers in identifying and correcting problems affecting school-age children in the district.

(b) The governmental agency may establish or finance a school-community guidance center jointly with the school district according to terms approved by the governing body of each entity participating in the joint establishment or financing of the center.

Sec. 37.405. PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMATION. (a) Before a student is admitted to a school-community guidance center, the administrator of the center must notify the student's parent that the student has been assigned to attend the center.

(b) The notification must include:

(1) the reason that the student has been assigned to the center;

(2) a statement that on request the parent is entitled to be fully informed in writing of any treatment method or testing program involving the student; and

(3) a statement that the parent may request to be advised and to give written, signed consent for any psychological testing or treatment involving the student.

(c) If, after notification, a parent refuses to consent to testing or treatment of the student, the center may not provide any further psychological treatment or testing.

(d) A parent of a student attending a center is entitled to inspect:

(1) any instructional or guidance material to be used by the student, including teachers' manuals, tapes, and films; and

(2) the results of any treatment, testing, or guidance method involving the student.

(e) The administrator of the center may set a schedule for inspection of materials that allows reasonable access but does not interfere with the conduct of classes or business activities of the school.

Sec. 37.406. PARENTAL INVOLVEMENT. (a) On admitting a student to a school-community guidance center, a representative of the school district, the student, and the student's parent shall develop an agreement that specifies the responsibilities of the parent and the student. The agreement must include:

(1) a statement of the student's behavioral and learning objectives;

(2) a requirement that the parent attend specified meetings and conferences for teacher review of the student's progress; and

(3) the parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other objectives, defined by the district, to aid student remediation.

(b) The superintendent of the school district may obtain a court order from a district court in the school district requiring a parent to comply with an agreement made under this section. A parent who violates a court order issued under this subsection may be punished for contempt of court.

Sec. 37.407. COURT SUPERVISION. (a) In this section, "court" means a juvenile court or alternate juvenile court designated under Chapter 51, Family Code. The court may delegate responsibility under this section to a referee appointed under Section 51.04, Family Code.

(b) If a representative of the school district, the student, and the parent for any reason fail to reach an agreement under Section 37.406, the court may, on the request of any party and after a hearing, enter an order establishing the responsibilities and duties of each of the parties as the court considers appropriate.

(c) The court may compel attendance at any hearing held under this section through any legal process, including subpoena and habeas corpus.

(d) If the parties reach an agreement under Section 37.406, and if the written agreement so provides, the court may enter an order that incorporates the terms of the agreement.

(e) Any party who violates an order issued under this section may be punished for contempt of court.

(f) A school district may enter into an agreement to share the costs incurred by a county under this section.

SECTION 2. Section 7.111(a), Education Code, is amended to read as follows:

(a) The board shall provide for the administration of high school equivalency examinations, including administration by the adjutant general's department for students described by Subdivision (2)(C). A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:

(1) over 17 years of age;

(2) 16 years of age or older and:

(A) is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.)[, and its subsequent amendments];

(B) a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; [or]

(C) is enrolled in the adjutant general's department's Seaborne ChalleNGe Corps; or

(D) a juvenile board or the board's designee recommends that the person take the examination as provided by Section 37.252(g); or

(3) required to take the examination under a justice or municipal court order issued under Article 45.054(a)(1)(C), Code of Criminal Procedure.

SECTION 3. Section 25.085(d), Education Code, is amended to read as follows:

(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:

(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;

(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);

(3) an accelerated instruction program to which the student is assigned under Section 28.0211;

(4) a basic skills program to which the student is assigned under Section 29.086; [or]

(5) a summer program provided under Section 37.167 [37.008(l)] or Section 37.202;

(6) a juvenile justice alternative education program operated under Section 37.251 in which the student is placed; or

(7) a program operated by a school district under Section 37.255 in which the student is placed [37.021].

SECTION 4. Section 25.086(a), Education Code, as amended by Chapters 377, 887, and 1339, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:

(a) A child is exempt from the requirements of compulsory school attendance if the child:

(1) attends a private or parochial school that includes in its course a study of good citizenship;

(2) is eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;

(3) has a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;

(4) is expelled in accordance with the requirements of law in a school district that does not participate in a [mandatory] juvenile justice alternative education program operated under Section 37.251 [37.011];

(5) is at least 17 years of age and:

(A) is attending a course of instruction to prepare for the high school equivalency examination, and:

(i) has the permission of the child's parent or guardian to attend the course;

(ii) is required by court order to attend the course;

(iii) has established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or

(iv) is homeless as defined by 42 U.S.C. Section 11302; or

(B) has received a high school diploma or high school equivalency certificate;

(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:

(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or

(B) the child is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.);

[(B) the child is enrolled in a Job Corps training program under 29 U.S.C. Section 2881 et seq.;]

(7) is at least 16 years of age and is enrolled in a high school diploma program under Chapter 18;

(8) [(7)] is enrolled in the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;

(9) [(8)] is enrolled in the Texas Academy of Leadership in the Humanities;

(10) [(9)] is enrolled in the Texas Academy of Mathematics and Science at The University of Texas at Brownsville;

(11) [(9)] is enrolled in the Texas Academy of International Studies;

(12) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination or has been issued a high school equivalency certificate, if the child is recommended to take the high school equivalency examination by a juvenile board or the board's designee under Section 37.252(g); or

(13) [(10)] is specifically exempted under another law.

SECTION 5. Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.49 to read as follows:

Art. 17.49. CONDITION REQUIRING ATTENDANCE IN JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) In a county in which a juvenile justice alternative education program is operated under Section 37.251, Education Code, a magistrate may require as a condition of bond that a defendant who is under the age of 18 and who is accused of committing an offense listed under Section 37.164, Education Code, attend the juvenile justice alternative education program beginning not later than the second school day after the date the defendant is released on bond. The defendant may be required to regularly attend the program pending disposition of the defendant's case.

(b) In a county in which a juvenile justice alternative education program is not operated, the magistrate may require as a condition of bond that a defendant who is under the age of 18 and who is accused of committing an offense listed under Section 37.164, Education Code, attend a program provided for under Section 37.255, Education Code, beginning not later than the second school day after the date the defendant is released on bond.

(c) Not later than the second working day after the date that the magistrate issues a placement order under this section, the magistrate shall notify the superintendent of the school district in which the student is enrolled of the placement.

SECTION 6. Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsections (m), (n), and (o) to read as follows:

(m) In a county in which a juvenile justice alternative education program is operated under Section 37.251, Education Code, a court shall require as a condition of community supervision that a defendant who is under the age of 18 and who was convicted of committing an offense listed under Section 37.164, Education Code, attend the juvenile justice alternative education program beginning not later than the second school day after the date community supervision is granted.

(n) In a county in which a juvenile justice alternative education program is not operated, the court shall require as a condition of community service that a defendant who is under the age of 18 and who has been convicted of an offense listed under Section 37.164, Education Code, attend a program provided for under Section 37.255, Education Code, beginning not later than the second school day after the date the community supervision is granted.

(o) Not later than the second working day after the date the court issues a placement order under Subsection (m) or (n), the court shall notify the superintendent of the school district in which the student is enrolled of the placement.

SECTION 7. Sections 51.03(b) and (f), Family Code, are amended to read as follows:

(b) Conduct indicating a need for supervision is:

(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B) the penal ordinances of any political subdivision of this state;

(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

(3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the abusable volatile chemicals defined by [itemized in] Section 485.001 [484.002], Health and Safety Code;

(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled for serious misconduct under Section 37.159(a)(4) [37.007(c)], Education Code; or

(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

(f) Conduct [Except as provided by Subsection (g), conduct] described under Subsection (b)(1), other than conduct that violates Section 49.02, Penal Code, prohibiting public intoxication, does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).

SECTION 8. Section 53.02, Family Code, is amended by amending Subsection (e) and adding Subsections (e-1) and (e-2) to read as follows:

(e) In [Unless otherwise agreed in the memorandum of understanding under Section 37.011, Education Code, in] a county with a juvenile justice alternative education program operated under Section 37.251, Education Code [population greater than 125,000], if a child being released under this section is expelled under Section 37.158 [37.007], Education Code, or is accused of engaging in conduct constituting an offense listed under Section 37.164, Education Code, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.

(e-1) In a county without a juvenile justice alternative education program, if a child being released under this section is expelled under Section 37.158, Education Code, or is accused of engaging in conduct constituting an offense listed under Section 37.164, Education Code, the release shall be conditioned on the child attending a program provided for under Section 37.255, Education Code.

(e-2) Not later than the second working day after the date that the juvenile court issues a placement order under Subsection (e) or (e-1), the juvenile court shall notify the superintendent of the school district in which the student is enrolled of the placement.

SECTION 9. Section 53.03, Family Code, is amended by adding Subsections (l), (m), and (n) to read as follows:

(l) In a county in which a juvenile justice alternative education program is operated under Section 37.251, Education Code, if a child is placed on deferred prosecution under this section and has been expelled for conduct under Section 37.158, Education Code, or is accused of engaging in conduct constituting an offense listed under Section 37.164, Education Code, the conditions of the deferred prosecution agreement shall require the child to attend the juvenile justice alternative education program beginning not later than the second school day after the date the child is placed on deferred prosecution.

(m) In a county in which a juvenile justice alternative education program is not operated, if a child is placed on deferred prosecution under this section and has been expelled under Section 37.158, Education Code, or is accused of engaging in conduct constituting an offense listed under Section 37.164, Education Code, the conditions of the deferred prosecution agreement shall require the child to attend a program provided for under Section 37.255, Education Code, beginning not later than the second school day after the date the child is placed on deferred prosecution.

(n) Not later than the second working day after the date that the juvenile court issues a placement order under Subsection (l) or (m), the juvenile court shall notify the superintendent of the school district in which the student is enrolled of the placement.

SECTION 10. Section 54.04, Family Code, is amended by adding Subsections (v), (w), and (x) to read as follows:

(v) In a county in which a juvenile justice alternative education program is operated under Section 37.251, Education Code, if a child is placed on probation under this section and has been expelled for conduct under Section 37.158, Education Code, or has been adjudicated as having engaged in conduct constituting an offense listed under Section 37.164, Education Code, the conditions of the probation shall require the child to attend the juvenile justice alternative education program beginning not later than the second school day after the date the child is placed on probation.

(w) In a county in which a juvenile justice alternative education program is not operated, if a child is placed on probation under this section and has been expelled under Section 37.158, Education Code, or adjudicated as having engaged in conduct constituting an offense listed under Section 37.164, Education Code, the conditions of the probation shall require the child to attend a program provided for under Section 37.255, Education Code, beginning not later than the second school day after the date the child is placed on probation.

(x) Not later than the second working day after the date that the juvenile court issues the placement order under Subsection (v) or (w), the juvenile court shall notify the superintendent of the school district in which the student is enrolled of the placement.

SECTION 11. The following provisions are repealed:

(1) Article 15.27, Code of Criminal Procedure;

(2) Section 51.03(g), Family Code; and

(3) Section 52.041, Family Code.

SECTION 12. The changes in law made by this Act apply only to an offense committed or conduct that occurs on or after the effective date of this Act. An offense committed or conduct that occurs before the effective date of this Act is governed by the law in effect when the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed or conduct occurs before the effective date of this Act if any element of the offense or violation occurs before the effective date.

SECTION 13. Except as otherwise provided by this Act, this Act applies beginning with the 2007-2008 school year.

SECTION 14. This Act takes effect September 1, 2007.