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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of public school students with certain |
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disabilities in juvenile justice alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.004, Education Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Notwithstanding any other provision of this subchapter, |
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in a county with a juvenile justice alternative education program |
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established under Section 37.011, the expulsion under a provision |
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of Section 37.007 described by this subsection of a student with a |
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disability who receives special education services must occur in |
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accordance with this subsection and Subsection (f). The school |
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district that proposes to expel the student shall, in accordance |
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with applicable federal law, provide the administrator of the |
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juvenile justice alternative education program or the |
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administrator's designee with reasonable notice of the meeting of |
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the student's admission, review, and dismissal committee to discuss |
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the student's proposed expulsion. A representative of the juvenile |
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justice alternative education program may participate in the |
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meeting to the extent that the meeting relates to the student's |
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placement in the program. This subsection applies only to an |
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expulsion under: |
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(1) Section 37.007(b), (c), (f), or (i); or |
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(2) Section 37.007(d) as a result of conduct that |
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contains the elements of any offense listed in Section |
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37.007(b)(2)(C) against any employee or volunteer in retaliation |
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for or as a result of the person's employment or association with a |
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school district. |
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(f) If, after placement of a student in a juvenile justice |
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alternative education program under Subsection (e), the |
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administrator of the program or the administrator's designee has |
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concerns that the student's educational or behavioral needs cannot |
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be met in the program, the administrator or designee shall |
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immediately provide written notice of those concerns to the school |
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district from which the student was expelled. The student's |
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admission, review, and dismissal committee shall meet to reconsider |
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the placement of the student in the program. The district shall, in |
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accordance with applicable federal law, provide the administrator |
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or designee with reasonable notice of the meeting, and a |
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representative of the program may participate in the meeting to the |
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extent that the meeting relates to the student's continued |
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placement in the program. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |