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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a parent of a public school student to |
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immediate notice of certain disciplinary action taken against the |
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student. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Education Code, is amended by adding |
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Section 26.0082 to read as follows: |
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Sec. 26.0082. RIGHT TO IMMEDIATE NOTICE OF DISCIPLINARY |
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ACTION. (a) A parent is entitled to immediate notice from a school |
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district as provided by this section if under Subchapter A, Chapter |
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37, the parent's child is or will be placed into in-school or |
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out-of-school suspension, placed in a disciplinary alternative |
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education program, expelled, or placed in a juvenile justice |
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alternative education program or is taken or will be taken into |
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custody by a law enforcement officer. A school district must comply |
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with this subsection by: |
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(1) immediately contacting the parent by telephone or |
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in person; and |
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(2) giving written notice of the disciplinary action |
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to the student, on the day the action is taken, for delivery to the |
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student's parent. |
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(b) If a parent entitled to notice under Subsection (a) has |
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not been reached by telephone or in person by 5 p.m. of the first |
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business day after the day the disciplinary action is taken, a |
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school district shall mail written notice of the action to the |
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parent at the parent's last known address. |
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(c) The notice provided under this section must include: |
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(1) the disciplinary action taken against the student; |
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(2) a statement of the student's and parent's |
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applicable procedural rights under Subchapter A, Chapter 37; and |
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(3) the name of the person to contact at the campus in |
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connection with the disciplinary action. |
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SECTION 2. Section 37.0091(a), Education Code, is amended |
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to read as follows: |
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(a) A noncustodial parent may request in writing that a |
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school district or school, for the remainder of the school year in |
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which the request is received, provide that parent with: |
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(1) a copy of any written notification relating to |
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student misconduct under Section 37.006 or 37.007 that is generally |
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provided by the district or school to a student's parent or |
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guardian; and |
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(2) any notice required by Section 26.0082. |
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SECTION 3. Section 26.0082, Education Code, as added by |
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this Act, applies beginning with the 2009-2010 school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |