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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures relating to placement of a public school |
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student in a disciplinary alternative education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0081, Education Code, is amended by |
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adding Subsection (a-2) and amending Subsection (b) to read as |
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follows: |
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(a-2) At the hearing under Subsection (a), the student is |
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entitled to due process and representation as provided by Section |
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37.009(a). |
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(b) Any decision of the board of trustees or the board's |
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designee under this section is final and may not be appealed, except |
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as provided by Section 37.009(a). |
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SECTION 2. Section 37.009(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the third class day after the day on which |
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a student is removed from class by the teacher under Section |
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37.002(b) or (d) or by the school principal or other appropriate |
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administrator under Section 37.001(a)(2) or 37.006, the principal |
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or other appropriate administrator shall schedule a conference |
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among the principal or other appropriate administrator, a parent or |
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guardian of the student, the teacher removing the student from |
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class, if any, and the student. At the conference, the student is |
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entitled to written or oral notice of the reasons for the removal, |
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an explanation of the basis for the removal, and an opportunity to |
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respond to the reasons for the removal. The student may not be |
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returned to the regular classroom pending the conference. |
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Following the conference, and whether or not each requested person |
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is in attendance after good faith [valid] attempts to require the |
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person's attendance, the principal shall order the placement of the |
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student for a period consistent with the student code of conduct. |
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Not later than the first school day after the conference, the |
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principal or the principal's designee shall deliver to the student |
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and the student's parent or guardian a copy of the order placing the |
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student in a disciplinary alternative education program and a |
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notice of the student's right to appeal. A [If school district
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policy allows a] student may [to] appeal the decision of the |
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principal or the principal's designee placing the student in a |
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disciplinary alternative education program to the board of trustees |
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if the placement is for a period longer than 20 school days. The |
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appeal hearing must be held at the next regularly scheduled board of |
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trustees meeting or not later than the 30th day after the date of |
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the conference, whichever is earlier. At the hearing, the student |
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is entitled to due process and to be represented by the student's |
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parent or guardian or another adult who can provide counsel to the |
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student and who is not an employee of the school district. The |
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student, or the person representing the student, may present |
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evidence and witnesses at the hearing. The [or the board's designee
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a decision of the principal or other appropriate administrator,
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other than an expulsion under Section 37.007, the] decision of the |
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board or the board's designee under this subsection is final and may |
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not be appealed. If the period of the placement is inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5), the order must give notice of the |
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inconsistency. The period of the placement may not exceed one year |
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unless, after a review, the district determines that: |
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(1) the student is a threat to the safety of other |
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students or to district employees; or |
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(2) extended placement is in the best interest of the |
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student. |
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SECTION 3. Section 37.010(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the second business day after the date a |
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hearing before the board of trustees or the board's designee is held |
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under Section 37.009, the board [of trustees of a school district] |
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or the board's designee shall deliver a copy of the order placing a |
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student in a disciplinary alternative education program under |
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Section 37.006 or expelling a student under Section 37.007 and any |
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information required under Section 52.04, Family Code, to the |
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authorized officer of the juvenile court in the county in which the |
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student resides. In a county that operates a juvenile justice |
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alternative education program under Section 37.011, an expelled |
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student shall to the extent provided by law or by the memorandum of |
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understanding immediately attend the [educational] program from |
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the date of expulsion, except that in a county with a population |
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greater than 125,000, every expelled student who is not detained or |
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receiving treatment under an order of the juvenile court must be |
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enrolled in an educational program. |
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SECTION 4. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 5. 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. |