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A BILL TO BE ENTITLED
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AN ACT
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relating to discipline and security in primary and secondary |
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schools; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is reenacted and |
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revised to read as follows: |
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CHAPTER 37. DISCIPLINE; SCHOOL SECURITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 37.001. DEFINITIONS. In this chapter: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0341, as added by Chapter 920, Acts of the 79th Legislature, |
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Regular Session, 2005. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action that substantially |
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harms another student's physical or emotional health or safety. |
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(3) "Hit list" means a list of persons intentionally |
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targeted to be physically harmed under circumstances in which a |
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reasonable person would believe there is intent to cause harm. |
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(4) "School property" includes a public school campus |
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or school grounds on which a public school is located and any |
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grounds or buildings used by a school for an assembly or other |
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school-sponsored activity. |
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Sec. 37.002. STUDENT CODE OF CONDUCT. (a) The board of |
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trustees of a school district shall, with the advice of its |
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district-level committee established under Subchapter F, Chapter |
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11, adopt a student code of conduct for the district. The student |
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code of conduct must be posted and prominently displayed at each |
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school campus or made available for review at the office of the |
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campus principal. In addition to establishing standards for |
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student conduct, the student code of conduct must: |
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(1) specify the circumstances, in accordance with this |
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chapter, under which a student may be removed from a classroom, |
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campus, or disciplinary alternative education program; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to transfer a student |
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to a disciplinary alternative education program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.154 or expelled as provided by |
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Section 37.158 or 37.159; |
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(4) identify the types of conduct that constitute |
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serious misconduct for which a student may be expelled under |
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Section 37.159(a)(4), with consideration of: |
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(A) campus and student safety; |
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(B) whether the misconduct was associated with |
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gang activity; |
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(C) the severity of the student's conduct; and |
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(D) for students who may be placed in a juvenile |
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justice alternative education program, the program's capacity and |
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the student's previous involvement with the juvenile justice |
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system; |
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(5) specify that the following will be considered in a |
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decision regarding suspension, removal to a disciplinary |
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alternative education program, or expulsion: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(6) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.156; and |
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(B) an expulsion under Section 37.158 or 37.159; |
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(7) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in suspension, removal to a disciplinary |
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alternative education program, or expulsion; |
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(8) prohibit bullying, harassment, and making hit |
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lists and ensure that district employees enforce those |
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prohibitions; and |
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(9) provide, as appropriate for students at each grade |
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level, methods, including options, for: |
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(A) managing students in the classroom and on |
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school property; |
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(B) disciplining students; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, harassment, and making |
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hit lists. |
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(b) The methods adopted under Subsection (a)(9) must |
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provide that a student who is enrolled in a special education |
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program under Subchapter A, Chapter 29, may not be disciplined for |
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conduct prohibited in accordance with Subsection (a)(8) until an |
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admission, review, and dismissal committee meeting has been held to |
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review the conduct. |
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(c) Once the student code of conduct is adopted, any change |
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or amendment must be approved by the board of trustees. |
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(d) Each school year, a school district shall provide |
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parents notice of and information regarding the student code of |
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conduct. |
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(e) Except as provided by Section 37.158(b), this chapter |
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does not require the student code of conduct to specify a minimum |
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term of a removal under Section 37.156 or an expulsion under Section |
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37.158 or 37.159. |
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Sec. 37.003. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL |
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HARASSMENT POLICIES. (a) Each school district shall adopt and |
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implement a discipline management program to be included in the |
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district improvement plan under Section 11.252. The program must |
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provide for prevention of and education concerning unwanted |
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physical or verbal aggression, sexual harassment, and other forms |
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of bullying in school, on school property, and in school vehicles. |
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(b) Each school district may develop and implement a sexual |
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harassment policy to be included in the district improvement plan |
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under Section 11.252. The policy must include notification to the |
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parents of each of the students involved in an incident of sexual |
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harassment at school, on school property, or in a school vehicle. |
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Sec. 37.004. DATING VIOLENCE POLICIES. (a) Each school |
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district shall adopt and implement a dating violence policy to be |
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included in the district improvement plan under Section 11.252. |
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(b) A dating violence policy must: |
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(1) include a definition of dating violence that |
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includes the intentional use of physical, sexual, verbal, or |
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emotional abuse by a person to harm, threaten, intimidate, or |
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control another person in a continuing relationship of a romantic |
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or intimate nature; and |
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(2) address safety planning, enforcement of |
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protective orders, and school-based alternatives to protective |
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orders. |
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(c) The policy must include notification to the parents of |
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each of the students involved in an incident of dating violence that |
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occurs at school, on school property, or in a school vehicle. |
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Sec. 37.005. POLICIES CONCERNING PUBLIC SCHOOL |
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FRATERNITIES, SORORITIES, AND SECRET SOCIETIES. (a) In this |
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section, "public school fraternity, sorority, or secret society": |
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(1) means an organization composed wholly or in part |
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of public school students that seeks to perpetuate itself by taking |
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in additional public school students as members on the basis of the |
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decision of its membership rather than on the free choice of a |
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student who is otherwise qualified under district or campus rules |
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to join the organization; and |
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(2) does not include an agency for public welfare, |
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including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, |
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Pan-American Clubs, scholarship societies, or other similar |
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educational organizations sponsored by state or national education |
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authorities. |
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(b) The board of trustees of a school district shall adopt a |
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policy prohibiting a person, while on school property, from acting |
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as a member of, pledging to become a member of, joining, or |
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soliciting another person to join or pledge to become a member of a |
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public school fraternity, sorority, or secret society. |
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Sec. 37.006. POLICIES CONCERNING POSSESSION OF |
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TELECOMMUNICATIONS DEVICES. (a) In this section, |
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"telecommunications device" means a device that emits an audible |
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signal, vibrates, displays a message, or otherwise summons or |
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delivers a communication to the possessor. |
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(b) The board of trustees of a school district shall adopt a |
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policy regarding student use or possession of a telecommunications |
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device while on school property or while attending a |
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school-sponsored or school-related activity on or off school |
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property. The policy may establish disciplinary measures to be |
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imposed for violation of any prohibition adopted under the policy. |
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Sec. 37.007. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND |
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TIME-OUT. (a) In this section: |
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(1) "Restraint" means the use of physical force or a |
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mechanical device to significantly restrict the free movement of |
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all or a portion of a student's body. |
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(2) "Seclusion" means a behavior management technique |
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in which a student is confined in a locked box, locked closet, or |
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locked room that: |
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(A) is designed solely to seclude a person; and |
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(B) contains less than 50 square feet of space. |
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(3) "Time-out" means a behavior management technique |
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in which, to provide a student with an opportunity to regain |
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self-control, the student is separated from other students for a |
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limited period in a setting: |
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(A) that is not locked; and |
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(B) from which the exit is not physically blocked |
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by furniture, a closed door held shut from the outside, or another |
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inanimate object. |
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(4) "Weapon" includes any weapon described under |
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Section 37.158(a)(1). |
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(b) It is the policy of this state to treat with dignity and |
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respect all students, including students with disabilities who |
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receive special education services under Subchapter A, Chapter 29. |
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A student with a disability who receives special education services |
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under Subchapter A, Chapter 29, may not be confined in a locked box, |
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locked closet, or other specially designed locked space as either a |
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discipline management practice or a behavior management technique. |
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(c) A school district employee or volunteer or an |
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independent contractor of a district may not place a student in |
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seclusion. This subsection does not apply to the use of seclusion |
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in a court-ordered placement, other than a placement in an |
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educational program of a school district, or in a placement or |
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facility to which the following law, rules, or regulations apply: |
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(1) the Children's Health Act of 2000 (Pub. L. No. |
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106-310) and any regulations adopted under that Act; |
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(2) 40 T.A.C. Sections 720.1001-720.1013; or |
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(3) 25 T.A.C. Section 412.308(e). |
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(d) The commissioner by rule shall adopt procedures for the |
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use of restraint and time-out by a school district employee or |
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volunteer or an independent contractor of a district in the case of |
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a student with a disability receiving special education services |
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under Subchapter A, Chapter 29. A procedure adopted under this |
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subsection must: |
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(1) be consistent with: |
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(A) professionally accepted practices and |
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standards of student discipline and techniques for behavior |
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management; and |
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(B) relevant health and safety standards; and |
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(2) identify any discipline management practice or |
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behavior management technique that requires a district employee or |
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volunteer or an independent contractor of a district to be trained |
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before using that practice or technique. |
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(e) In the case of a conflict between a rule adopted under |
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Subsection (d) and a rule adopted under Subchapter A, Chapter 29, |
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the rule adopted under Subsection (d) controls. |
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(f) This section does not prevent a student's locked, |
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unattended confinement in an emergency situation while awaiting the |
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arrival of law enforcement personnel if: |
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(1) the student possesses a weapon; and |
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(2) the confinement is necessary to prevent the |
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student from causing bodily harm to the student or another person. |
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(g) This section and any rules or procedures adopted under |
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this section do not apply to: |
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(1) a peace officer while performing law enforcement |
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duties; |
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(2) juvenile probation, detention, or corrections |
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personnel; or |
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(3) an educational services provider with whom a |
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student is placed by a judicial authority, unless the services are |
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provided in an educational program of a school district. |
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[Sections 37.008-37.050 reserved for expansion] |
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SUBCHAPTER B. SCHOOL SECURITY |
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Sec. 37.051. APPLICABILITY OF CRIMINAL LAWS. The criminal |
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laws of the state apply in the areas under the control and |
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jurisdiction of the board of trustees of any school district in this |
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state. |
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Sec. 37.052. SCHOOL DISTRICT PEACE OFFICERS AND SECURITY |
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PERSONNEL. (a) The board of trustees of any school district may |
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employ security personnel and may commission peace officers to |
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carry out the provisions of this chapter. If a board of trustees |
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authorizes a person employed as security personnel to carry a |
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weapon, the person must be a commissioned peace officer. The |
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jurisdiction of a peace officer or security personnel under this |
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section shall be determined by the board of trustees and may include |
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all territory in the boundaries of the school district and all |
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property outside the boundaries of the district that is owned, |
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leased, or rented by or otherwise under the control of the school |
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district and the board of trustees that employ the peace officer or |
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security personnel. |
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(b) In a peace officer's jurisdiction, a peace officer |
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commissioned under this section: |
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(1) has the powers, privileges, and immunities of |
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peace officers; |
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(2) may enforce all laws, including municipal |
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ordinances, county ordinances, and state laws; and |
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(3) may, in accordance with Chapter 52, Family Code, |
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take a juvenile into custody. |
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(c) A school district peace officer may provide assistance |
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to another law enforcement agency. A school district may contract |
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with a political subdivision for the jurisdiction of a school |
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district peace officer to include all territory in the jurisdiction |
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of the political subdivision. |
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(d) A school district peace officer shall perform |
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administrative and law enforcement duties for the school district |
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as determined by the board of trustees of the school district. |
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Those duties must include protecting: |
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(1) the safety and welfare of any person in the |
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jurisdiction of the peace officer; and |
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(2) the property of the school district. |
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(e) The board of trustees of the district shall determine |
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the scope of the on-duty and off-duty law enforcement activities of |
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school district peace officers. A school district must authorize |
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in writing any off-duty law enforcement activities performed by a |
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school district peace officer. |
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(f) The chief of police of the school district police |
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department shall be accountable to the superintendent and shall |
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report to the superintendent or the superintendent's designee. |
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School district police officers shall be supervised by the chief of |
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police of the school district or the chief of police's designee and |
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must be licensed by the Commission on Law Enforcement Officer |
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Standards and Education. |
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(g) A school district police department and the law |
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enforcement agencies with which it has overlapping jurisdiction |
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shall enter into a memorandum of understanding that outlines |
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reasonable communication and coordination efforts between the |
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department and the agencies. |
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(h) A peace officer assigned to duty and commissioned under |
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this section shall take and file the oath required of peace officers |
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and shall execute and file a bond in the sum of $1,000, payable to |
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the board of trustees, with two or more sureties, conditioned that |
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the peace officer will fairly, impartially, and faithfully perform |
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all the duties that may be required of the peace officer by law. The |
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bond may be sued on in the name of any person injured until the whole |
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amount of the bond is recovered. Any peace officer commissioned |
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under this section must meet all minimum standards for peace |
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officers established by the Commission on Law Enforcement Officer |
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Standards and Education. |
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Sec. 37.053. RULES. (a) The board of trustees of a school |
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district may adopt rules for the safety and welfare of students, |
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employees, and property and other rules it considers necessary to |
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carry out the provisions of this chapter and the governance of the |
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district, including rules providing for the operation and parking |
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of vehicles on school property. The board may adopt and charge a |
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reasonable fee for parking and for providing traffic control. |
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(b) A law or ordinance regulating traffic on a public |
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highway or street applies to the operation of a vehicle on school |
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property, except as modified by this subchapter. |
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Sec. 37.054. ENFORCEMENT OF RULES. Notwithstanding any |
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other provision of this chapter, the board of trustees of a school |
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district may authorize any officer commissioned by the board to |
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enforce rules adopted by the board. This chapter is not intended to |
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restrict the authority of each district to adopt and enforce |
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appropriate rules for the orderly conduct of the district in |
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carrying out its purposes and objectives or the right of separate |
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jurisdiction relating to the conduct of its students and personnel. |
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Sec. 37.055. VEHICLE IDENTIFICATION INSIGNIA. The board |
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of trustees of a school district may provide for the issuance and |
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use of suitable vehicle identification insignia. The board may bar |
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or suspend a person from driving or parking a vehicle on any school |
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property as a result of the person's violation of any rule adopted |
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by the board or of this chapter. Reinstatement of the privileges |
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may be permitted and a reasonable fee assessed. |
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Sec. 37.056. UNAUTHORIZED PERSONS ON SCHOOL PROPERTY. The |
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board of trustees of a school district or its authorized |
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representative may refuse to allow a person without legitimate |
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business to enter on property under the board's control and may |
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eject any undesirable person from the property on the person's |
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refusal to leave peaceably on request. Identification may be |
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required of any person on the property. |
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Sec. 37.057. MULTIHAZARD EMERGENCY OPERATIONS PLAN; |
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SECURITY AUDIT. (a) Each school district shall adopt and |
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implement a multihazard emergency operations plan for use in |
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district schools. The plan must address mitigation, preparedness, |
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response, and recovery as defined by the commissioner in |
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conjunction with the governor's office of homeland security. The |
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plan must provide for: |
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(1) district employee training in responding to an |
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emergency; |
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(2) mandatory school drills to prepare district |
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students and employees for responding to an emergency; |
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(3) measures to ensure coordination with local |
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emergency management agencies, law enforcement, and fire |
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departments in the event of an emergency; and |
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(4) the implementation of a security audit as required |
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by Subsection (b). |
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(b) At least once every three years, a school district shall |
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conduct a security audit of the district's facilities. To the |
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extent possible, a district shall follow security audit procedures |
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developed by the Texas School Safety Center or a comparable public |
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or private entity. |
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(c) A school district shall report the results of the |
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security audit conducted under Subsection (b) to the district's |
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board of trustees. |
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[Sections 37.058-37.100 reserved for expansion] |
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SUBCHAPTER C. CRIMINAL OFFENSES |
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Sec. 37.101. HAZING. (a) In this section: |
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(1) "Educational institution" includes a public or |
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private high school. |
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(2) "Hazing" means any intentional, knowing, or |
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reckless act, occurring on or off the campus of an educational |
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institution, by one person alone or acting with others, directed |
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against a student, that endangers the mental or physical health or |
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safety of a student for the purpose of pledging, being initiated |
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into, affiliating with, holding office in, or maintaining |
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membership in an organization. The term includes: |
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(A) any type of physical brutality, such as |
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whipping, beating, striking, branding, electronic shocking, |
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placing of a harmful substance on the body, or similar activity; |
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(B) any type of physical activity, such as sleep |
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deprivation, exposure to the elements, confinement in a small |
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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 |
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subjects the student to an unreasonable risk of harm or that |
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adversely affects the mental or physical health or safety of the |
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student; |
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(D) any activity that intimidates or threatens |
|
the student with ostracism, that subjects the student to extreme |
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mental stress, shame, or humiliation, that adversely affects the |
|
mental health or dignity of the student or discourages the student |
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from entering or remaining registered in an educational |
|
institution, or that may reasonably be expected to cause a student |
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to leave the organization or the institution rather than submit to |
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the acts described in this subdivision; and |
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(E) any activity that induces, causes, or |
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requires the student to perform a duty or task that involves a |
|
violation of the Penal Code. |
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(3) "Organization" means a fraternity, sorority, |
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association, corporation, order, society, corps, club, or service, |
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social, or similar group, whose members are primarily students. |
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(4) "Pledge" means any person who has been accepted |
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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: |
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(A) is registered in or in attendance at an |
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educational institution; |
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(B) has been accepted for admission at the |
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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. |
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(b) A person commits an offense if the person: |
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(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. |
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(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: |
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(1) a fine of not less than $5,000 nor more than |
|
$10,000; or |
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(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 |
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Sec. 37.251. JUVENILE JUSTICE ALTERNATIVE EDUCATION |
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PROGRAM. (a) The juvenile board of a county with a population |
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greater than 125,000 shall develop a juvenile justice alternative |
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education program, subject to the approval of the Texas Juvenile |
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Probation Commission. Only the juvenile board of a county has the |
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authority to operate a juvenile justice alternative education |
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program. |
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(b) The juvenile board of a county with a population of |
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125,000 or less may develop a juvenile justice alternative |
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education program. A juvenile justice alternative education |
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program in a county with a population of 125,000 or less: |
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(1) is not required to be approved by the Texas |
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Juvenile Probation Commission; |
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(2) is not subject to Subsection (d) or (e) or Sections |
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37.252(a)-(d); and |
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(3) is required to adhere to all health and safety |
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standards established under 37 T.A.C. Chapter 348. |
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(c) The mission of a juvenile justice alternative education |
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program is to provide instructional programming to students to |
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enable academic achievement and positive behavioral changes. |
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(d) A juvenile justice alternative education program shall |
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adopt a student code of conduct in accordance with rules adopted by |
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the Texas Juvenile Probation Commission. |
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(e) A juvenile justice alternative education program shall |
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operate at least seven hours per day and 180 days per year, except |
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that a program may apply to the Texas Juvenile Probation Commission |
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for a waiver of the 180-day requirement. The Texas Juvenile |
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Probation Commission may not grant a waiver to a program under this |
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subsection for a number of days that exceeds the highest number of |
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instructional days waived by the commissioner during the same |
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school year for a school district served by the program. |
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(f) A juvenile justice alternative education program may be |
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provided in a facility owned by a school district. A school |
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district may provide personnel and services for a juvenile justice |
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alternative education program under a contract with the juvenile |
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board. |
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(g) A juvenile justice alternative education program shall |
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be subject to a written operating policy developed by the juvenile |
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board in accordance with rules adopted by the Texas Juvenile |
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Probation Commission. A juvenile justice alternative education |
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program is not subject to a requirement imposed by this title, other |
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than a reporting requirement or a requirement imposed by this |
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chapter or by Chapter 39. |
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(h) A student transferred to a juvenile justice alternative |
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education program must participate in the program for the full |
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period ordered by the court unless the student's school district |
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agrees to accept the student before the date ordered by the court. |
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The court may not order a period of transfer under this section that |
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exceeds the term of any probation or community service ordered by |
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the court. |
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(i) In relation to the development and operation of a |
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juvenile justice alternative education program, a juvenile board |
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and a county and a commissioners court are immune from liability to |
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the same extent as a school district, and the juvenile board's or |
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county's professional employees and volunteers are immune from |
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liability to the same extent as a school district's professional |
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employees and volunteers. |
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(j) In accordance with rules adopted by the board of |
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trustees for the Teacher Retirement System of Texas, a certified |
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educator employed by a juvenile board in a juvenile justice |
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alternative education program shall be eligible for membership and |
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participation in the system to the same extent that an employee of a |
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public school district is eligible. The juvenile board shall make |
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any contribution that otherwise would be the responsibility of the |
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school district if the person were employed by the school district, |
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and the state shall make any contribution to the same extent as if |
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the person were employed by a school district. |
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Sec. 37.252. CURRICULUM; ACCOUNTABILITY. (a) A juvenile |
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justice alternative education program shall focus on English |
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language arts, mathematics, science, social studies, and |
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self-discipline. |
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(b) A juvenile justice alternative education program shall |
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administer assessment instruments under Subchapter B, Chapter 39, |
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and offer a high school equivalency program. |
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(c) A juvenile justice alternative education program shall |
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regularly provide to a student a review of the student's academic |
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progress. In the case of a high school student, the juvenile board |
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or the board's designee, with the student's parent or guardian, |
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shall review the student's progress towards meeting high school |
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graduation requirements and establish a specific graduation plan |
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for the student. |
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(d) A juvenile justice alternative education program is not |
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required to provide a course necessary to fulfill a student's high |
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school graduation requirements other than a course specified by |
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this section. |
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(e) Each school district shall consider course credit |
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earned by a student while in a juvenile justice alternative |
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education program as credit earned in a district school. |
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(f) For purposes of accountability under Chapter 39, a |
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student enrolled in a juvenile justice alternative education |
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program is reported as if the student were enrolled at the student's |
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assigned campus in the student's regularly assigned education |
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program, including a special education program. The Texas Juvenile |
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Probation Commission shall develop and implement a system of |
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accountability consistent with Chapter 39, where appropriate, to |
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assure that students make academic and behavioral gains while |
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attending a juvenile justice alternative education program. |
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(g) The juvenile board or the board's designee shall |
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recommend that a student placed in a juvenile justice alternative |
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education program participate in the high school equivalency |
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program offered by the juvenile justice alternative education |
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program if: |
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(1) the student is at least 16 years of age; |
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(2) the student is not likely to receive a high school |
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diploma before the sixth school year following the student's |
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enrollment in grade nine, as determined by the board or the board's |
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designee; and |
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(3) the student's parent or guardian consents to the |
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student participating in the high school equivalency program. |
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Sec. 37.253. JOINT MEMORANDUM OF UNDERSTANDING. (a) Not |
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later than September 1 of each school year, each county juvenile |
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board that operates a juvenile justice alternative education |
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program under this subchapter and each school district in that |
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county shall enter into a joint memorandum of understanding that: |
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(1) outlines the responsibilities of the juvenile |
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board concerning the establishment and operation of a juvenile |
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justice alternative education program under this subchapter; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board for students of the school |
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district served in the juvenile justice alternative education |
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program whose placement was made on the basis of a discretionary |
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expulsion under Section 37.159; |
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(3) identifies those categories of conduct that the |
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school district has defined in its student code of conduct as |
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constituting serious misconduct for which a student may be expelled |
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and placed in a juvenile justice alternative education program, as |
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provided under Section 37.002(a)(4); |
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(4) establishes services for transitioning students |
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to the school district before completion of the student's placement |
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in the juvenile justice alternative education program; |
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(5) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(6) establishes the circumstances and conditions |
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under which a student may be allowed to remain in the juvenile |
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justice alternative education program setting once the student is |
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no longer under juvenile court jurisdiction; |
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(7) establishes a plan to address special education |
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services required by law; and |
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(8) establishes the time frames and identifies student |
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information that will be transferred to and from the juvenile |
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justice alternative education program. |
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(b) The school district is responsible for providing an |
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immediate educational program to students who engage in behavior |
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resulting in expulsion but who are not eligible for admission into |
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the juvenile justice alternative education program in accordance |
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with the memorandum of understanding required under this section. |
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The school district may provide the program or the school district |
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may contract with a county juvenile board, a private provider, or |
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one or more other school districts to provide the program. |
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(c) If a student who is ordered to attend a juvenile justice |
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alternative education program moves from one county to another, the |
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court may request the juvenile justice alternative education |
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program in the county to which the student moves to provide |
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educational services to the student in accordance with the local |
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memorandum of understanding between the school district and |
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juvenile board in the receiving county. |
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(d) If the juvenile board elects to serve students expelled |
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under Section 37.159 and the juvenile board and school district are |
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unable to reach an agreement in the memorandum of understanding, |
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either party may request that the issues of dispute be referred to a |
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binding arbitration process that uses a qualified alternative |
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dispute resolution arbitrator in which each party will pay its pro |
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rata share of the arbitration costs. Each party must submit its |
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final proposal to the arbitrator. If the parties cannot agree on an |
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arbitrator, the juvenile board shall select an arbitrator, the |
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school districts shall select an arbitrator, and those two |
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arbitrators shall select an arbitrator who will decide the issues |
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in dispute. An arbitration decision issued under this subsection |
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is enforceable in a court in the county in which the juvenile |
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justice alternative education program is located. Any decision by |
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an arbitrator concerning the amount of the funding for a student who |
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is expelled and attending a juvenile justice alternative education |
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program must provide an amount sufficient based on operation of the |
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juvenile justice alternative education program in accordance with |
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this chapter. In determining the amount to be paid by a school |
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district for an expelled student enrolled in a juvenile justice |
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alternative education program, the arbitrator shall consider the |
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relevant factors, including evidence of: |
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(1) the actual average total per student expenditure |
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in the district's disciplinary alternative education program; |
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(2) the expected per student cost in the juvenile |
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justice alternative education program as described and agreed on in |
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the memorandum of understanding and in compliance with this |
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chapter; and |
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(3) the costs necessary to achieve the accountability |
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goals under this chapter. |
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Sec. 37.254. FUNDING OF JUVENILE JUSTICE ALTERNATIVE |
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EDUCATION PROGRAMS. (a) The Texas Juvenile Probation Commission |
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shall adopt rules for the distribution of funds appropriated under |
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this subchapter to juvenile boards in counties required to |
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establish juvenile justice alternative education programs. Except |
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as determined by the commissioner, a student served by a juvenile |
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justice alternative education program on the basis of a mandatory |
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expulsion under Section 37.158 or court placement under Section |
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37.164 is not eligible for Foundation School Program payments or |
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textbooks under Chapter 31 if the juvenile justice alternative |
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education program receives funding from the Texas Juvenile |
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Probation Commission under this subchapter. |
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(b) Subject to Section 37.253(c), the school district in |
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which a student is enrolled on the date the student is expelled for |
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conduct for which expulsion is permitted under Section 37.159 |
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shall, if the student is served by the juvenile justice alternative |
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education program, provide funding to the juvenile board for the |
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portion of the school year for which the juvenile justice |
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alternative education program provides educational services in an |
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amount determined by the memorandum of understanding under Section |
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37.253(a)(2). |
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(c) Funds received under this section must be expended on |
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juvenile justice alternative education programs. |
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(d) The Office of State-Federal Relations shall assist a |
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local juvenile probation department in identifying additional |
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state or federal funds to assist in conducting educational or job |
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training programs within a juvenile justice alternative education |
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program. |
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(e) A school district may agree in the memorandum of |
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understanding described by Section 37.253 to provide funding to a |
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juvenile board for a student for whom the juvenile justice |
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alternative education program has not received funding from the |
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Texas Juvenile Probation Commission. |
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(f) Except as otherwise authorized by law, a juvenile |
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justice alternative education program may not require a student or |
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the parent or guardian of a student to pay any fee, including an |
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entrance fee or supply fee, for participating in the program. |
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Sec. 37.255. SCHOOL DISTRICTS NOT LOCATED IN COUNTY |
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OPERATING JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) A |
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school district that is located in a county that does not operate a |
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juvenile justice alternative education program under Section |
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37.251 may: |
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(1) negotiate an agreement with a county that operates |
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a juvenile justice alternative education program; or |
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(2) provide an educational program for expelled |
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students and students subject to a court placement under Section |
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37.164 in a manner that ensures that such students are separated |
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from other students at a regular campus, including any students |
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placed in a disciplinary alternative education program operated at |
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the campus. |
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(b) A school district that chooses to operate an educational |
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program under this section shall: |
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(1) provide a program that is operated in accordance |
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with the district's regular school calendar; |
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(2) operate the program at least four hours per day; |
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(3) enter into a memorandum of understanding with the |
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juvenile board of the county in which the district is located to |
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obtain assistance with support services, supervision, and |
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enforcement; |
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(4) provide program instruction in English language |
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arts, mathematics, science, social studies, and self-discipline; |
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(5) periodically review a student's educational |
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progress while attending the program; and |
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(6) grant course credit for the work completed by a |
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student while attending the program. |
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(c) A school district is entitled to count a student who |
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attends a program under this section in the district's average |
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daily attendance for purposes of receipt of state funds under the |
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Foundation School Program. |
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Sec. 37.256. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN |
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JUVENILE RESIDENTIAL FACILITIES. A school district that provides |
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education services to pre-adjudicated and post-adjudicated |
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students who are confined by court order in a juvenile residential |
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facility operated by a juvenile board is entitled to count such |
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students in the district's average daily attendance for purposes of |
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receipt of state funds under the Foundation School Program. If the |
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district has a wealth per student greater than the guaranteed |
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wealth level but less than the equalized wealth level, the district |
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in which the student is enrolled on the date a court orders the |
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student to be confined to a juvenile residential facility shall |
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transfer to the district providing education services an amount |
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equal to the difference between the average Foundation School |
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Program costs per student of the district providing education |
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services and the sum of the state aid and the money from the |
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available school fund received by the district that is attributable |
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to the student for the portion of the school year for which the |
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district provides education services to the student. |
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Sec. 37.257. COORDINATION BETWEEN SCHOOL DISTRICTS AND |
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JUVENILE BOARDS. The board of trustees of the school district or |
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the board's designee shall meet annually with the juvenile board |
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for the county in which the district's central administrative |
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office is located or the juvenile board's designee to develop a |
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memorandum of understanding concerning supervision and |
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rehabilitative services appropriate for expelled students, |
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court-placed students, and students assigned to disciplinary |
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alternative education programs. Matters for discussion shall |
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include sharing of information, appropriate education placement |
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for court-related students, mentoring, tutoring, and coordinating |
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of related services. |
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Sec. 37.258. COURT-RELATED CHILDREN-LIAISON OFFICERS. |
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Each school district shall appoint at least one educator to act as |
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liaison officer for court-related children who are enrolled in the |
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district. The liaison officer shall provide counseling and |
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services for each court-related child and the child's parents to |
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establish or reestablish normal attendance and progress of the |
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child in the school. |
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Sec. 37.259. INTERAGENCY SHARING OF RECORDS. (a) A |
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school district superintendent or the superintendent's designee |
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may disclose information contained in a student's educational |
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records to a juvenile justice agency, as that term is defined by |
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Section 58.101, Family Code, if the disclosure is under an |
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interagency agreement authorized by Section 58.0051, Family Code. |
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(b) The commissioner may enter into an interagency |
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agreement to share educational information for research, audit, and |
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analytical purposes with: |
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(1) the Texas Juvenile Probation Commission; |
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(2) the Texas Youth Commission; and |
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(3) the Texas Department of Criminal Justice. |
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(c) This section does not require or authorize release of |
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student-level information except in conformity with the Family |
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Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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1232g). |
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[Sections 37.260-37.300 reserved for expansion] |
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SUBCHAPTER G. NOTIFICATION; REPORTS |
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Sec. 37.301. REPORTS TO LOCAL LAW ENFORCEMENT; |
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LIABILITY. (a) The principal of a public or private primary or |
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secondary school, or a person designated by the principal under |
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Subsection (d), shall notify any school district police department |
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and the police department of the municipality in which the school is |
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located or, if the school is not located in a municipality, the |
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sheriff of the county in which the school is located if the |
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principal has reasonable grounds to believe that any of the |
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following activities occur in school, on school property, or at a |
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school-sponsored or school-related activity on or off school |
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property, whether or not the activity is investigated by school |
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security officers: |
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(1) conduct that may constitute a felony offense; |
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(2) deadly conduct under Section 22.05, Penal Code; |
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(3) a terroristic threat under Section 22.07, Penal |
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Code; |
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(4) the use, sale, or possession of a controlled |
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substance, drug paraphernalia, or marihuana under Chapter 481, |
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Health and Safety Code; |
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(5) the possession of any weapon or device listed |
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under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code; |
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(6) conduct that may constitute a criminal offense |
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under Section 71.02, Penal Code; or |
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(7) other conduct that may constitute a criminal |
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offense for which a student may be expelled under Section 37.158 or |
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37.159. |
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(b) A person who makes a notification under this section |
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shall include the name and address of each student the person |
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believes may have participated in the activity. |
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(c) A notification is not required under Subsection (a) if |
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the person reasonably believes that the activity does not |
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constitute a criminal offense. |
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(d) The principal of a public or private primary or |
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secondary school may designate a school employee who is under the |
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supervision of the principal to make the reports required by this |
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section. |
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(e) The person who makes the notification required under |
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Subsection (a) shall also notify each instructional or support |
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employee of the school who has regular contact with a student whose |
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conduct is the subject of the notice. |
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(f) A teacher, school administrator, or school employee is |
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not liable in civil damages for reporting to a school administrator |
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or governmental authority, in the exercise of professional judgment |
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within the scope of the teacher's, administrator's, or employee's |
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duties, a student whom the teacher suspects committed an offense |
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under the laws of the state. |
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Sec. 37.302. NOTIFICATION TO SCHOOLS CONCERNING CERTAIN |
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CRIMINAL ACTIVITY. (a) In this section: |
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(1) "Principal" includes a principal's designee. |
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(2) "Superintendent" includes a superintendent's |
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designee. |
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(b) This section applies to any felony offense and the |
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following misdemeanors: |
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(1) Section 20.02, Penal Code (Unlawful Restraint); |
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(2) Section 21.07, Penal Code (Public Lewdness); |
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(3) Section 21.08, Penal Code (Indecent Exposure); |
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(4) Section 22.01, Penal Code (Assault); |
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(5) Section 22.05, Penal Code (Deadly Conduct); |
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(6) Section 22.07, Penal Code (Terroristic Threat); |
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(7) Section 42.06, Penal Code (False Alarm or Report); |
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(8) Section 71.02, Penal Code (Engaging in Organized |
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Criminal Activity); |
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(9) the unlawful use, sale, or possession of a |
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controlled substance, drug paraphernalia, or marihuana, as defined |
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by Chapter 481, Health and Safety Code; or |
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(10) the unlawful possession of any of the weapons or |
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devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a |
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weapon listed as a prohibited weapon under Section 46.05, Penal |
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Code. |
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(c) A law enforcement agency that arrests any person or |
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refers a person who is a child to the office or official designated |
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by the juvenile board for an offense listed under Subsection (b) who |
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the agency believes is enrolled as a student in a public or private |
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primary or secondary school shall attempt to determine whether the |
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person is a student. If the law enforcement agency determines that |
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the person is a student, the agency shall orally notify the |
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superintendent of the school district or the principal of the |
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private school in which the student is enrolled of the arrest or |
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referral within 24 hours after the arrest or referral is made or on |
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the next school day. If the law enforcement agency cannot determine |
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whether the person is a student, the agency shall orally notify the |
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superintendent of the school district or the principal of the |
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private school in which the person is believed to be enrolled of the |
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arrest or referral within 24 hours after the arrest or referral or |
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on the next school day. |
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(d) On receiving notification under Subsection (c) |
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concerning a student enrolled in the school district or private |
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school, the superintendent of the district or principal of the |
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private school shall within 24 hours or on the next school day |
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notify all instructional and support personnel who have |
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responsibility for supervising the student. |
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(e) Not later than the seventh day after the date the oral |
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notice is provided under Subsection (c), the law enforcement agency |
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shall mail written notification, marked "PERSONAL and |
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CONFIDENTIAL" on the mailing envelope, to the superintendent of the |
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school district or the principal of the private school. Both the |
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oral and written notice must contain sufficient details of the |
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arrest or referral and the acts allegedly committed by the student |
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to enable the superintendent or principal to determine whether |
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there is a reasonable belief that the student has engaged in conduct |
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listed under Subsection (b). The information contained in the |
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notice may be considered by the superintendent or principal in |
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making such a determination. |
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(f) The office of the prosecuting attorney or the office or |
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official designated by the juvenile board shall, within two working |
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days, notify the superintendent of the school district or the |
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principal of the private school if: |
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(1) prosecution of the student's case was refused for |
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lack of prosecutorial merit or insufficient evidence and no formal |
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proceedings, deferred adjudication, or deferred prosecution will |
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be initiated; or |
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(2) the court or jury found the student not guilty or |
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made a finding that the student did not engage in delinquent conduct |
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or conduct indicating a need for supervision and the case was |
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dismissed with prejudice. |
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(g) On conviction, deferred prosecution, or deferred |
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adjudication or an adjudication of delinquent conduct of a person |
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enrolled as a student in a public or private primary or secondary |
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school for an offense listed under Subsection (b), the office of the |
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prosecuting attorney acting in the case shall orally notify the |
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superintendent of the school district or the principal of the |
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private school in which the student is enrolled of the conviction or |
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adjudication within 24 hours of the time of the order or on the next |
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school day. The superintendent or principal shall within 24 hours |
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or on the next school day notify all instructional and support |
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personnel who have regular contact with the student. |
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(h) Not later than the seventh day after the date the oral |
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notice is provided under Subsection (g), the office of the |
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prosecuting attorney shall mail written notice to the |
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superintendent or principal. The written notice must contain a |
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statement of the offense of which the person is convicted or on |
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which the adjudication, deferred adjudication, or deferred |
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prosecution is grounded. The notice required under this subsection |
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must: |
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(1) contain details of the offense or conduct |
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committed by the person; and |
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(2) state whether the person is required to register |
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as a sex offender under Chapter 62, Code of Criminal Procedure. |
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(i) A parole or probation office having jurisdiction over a |
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student described by Subsection (c) or (g) who transfers from a |
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school or is subsequently removed from a school and later returned |
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to a school or school district other than the one the student was |
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enrolled in when the arrest, referral to a juvenile court, |
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conviction, or adjudication occurred shall notify the new school |
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officials of the arrest or referral in the same manner to that |
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provided for by Subsection (c) or of the conviction or delinquent |
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adjudication in the same manner to that provided for by Subsection |
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(g). The Texas Youth Commission shall provide the notice required |
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by this subsection if the student is committed to the commission. |
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The new school officials shall within 24 hours or on the next school |
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day notify all instructional and support personnel who have regular |
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contact with the student. |
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(j) The superintendent of the school district or the |
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principal of the private school may send to any school district or |
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school employee the information contained in a written notification |
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provided under this section if the superintendent or principal |
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determines that the employee needs the information for educational |
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purposes or for the protection of the person informed or others. |
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(k) A person who receives information under this section may |
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not disclose the information except as specifically authorized by |
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this section. The State Board for Educator Certification may |
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revoke or suspend the certification of a school employee who |
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intentionally violates this subsection. |
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(l) A person may substitute electronic notification for |
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oral notification where oral notification is required under this |
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section. If electronic notification is substituted for oral |
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notification, any written notification required under this section |
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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. |