81R1445 JRJ-D

By: Madden H.B. No. 1050

A BILL TO BE ENTITLED

AN ACT

relating to placement of public school students with certain disabilities in disciplinary alternative education programs and juvenile justice alternative education programs.

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

SECTION 1. Section 37.004, Education Code, is amended by adding Subsections (e), (f), (g), and (h) to read as follows:

(e) Notwithstanding any other provision of this subchapter, in a county with a juvenile justice alternative education program established under Section 37.011, the expulsion under a provision of Section 37.007 described by this subsection of a student with a disability who receives special education services must occur in accordance with this subsection and Subsection (f). The school district that proposes to expel the student 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 proposed 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. This subsection applies only to an expulsion under:

(1) Section 37.007(b), (c), (f), or (i); or

(2) Section 37.007(d) as a result of conduct that contains the elements of any offense listed in Section 37.007(b)(2)(C) against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district.

(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 educational 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 reconsider 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 that places in a disciplinary alternative education program a student with a disability who receives special education services shall, during the placement, provide the student with the special education services required by the student's individualized education program developed under Section 29.005.

(h) This subsection applies only to a student who is eligible to receive special education services because of the student's learning disability or emotional disturbance and who is in a regular education classroom for all or part of the school day. The admission, review, and dismissal committee of a student who engages in conduct for which a student may be but is not required to be placed in a disciplinary alternative education program shall place the student in a special education classroom, if available, for the full school day if, after a manifestation determination review, the committee determines the conduct was not a manifestation of the student's disability. If the committee determines that the conduct was a manifestation of the student's disability, the committee may not alter the student's placement under this subsection. If the conduct continues, the student's admission, review, and dismissal committee shall meet to reconsider the student's placement.

SECTION 2. Section 37.008, Education Code, is amended by amending Subsection (a) and adding Subsection (n) to read as follows:

(a) Each school district shall provide a disciplinary alternative education program that:

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

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

(3) provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;

(4) focuses on English language arts, mathematics, science, history, and self-discipline;

(5) provides for students' educational and behavioral needs, including, if applicable, implementation of a student's individualized education program developed under Section 29.005;

(6) provides supervision and counseling;

(7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21; and

(8) provides not less than the minimum amount of instructional time per day required by Section 25.082(a).

(n) A school district shall certify in writing to the agency that each student who has been determined to be eligible under Subchapter A, Chapter 29, for special education services and who is placed in a disciplinary alternative education program has an individualized education program developed under Section 29.005.

SECTION 3. This Act applies beginning with the 2009-2010 school year.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.