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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of a student who has engaged in conduct for |
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which the student may be expelled from public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.007(e) and (g), Education Code, are |
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amended to read as follows: |
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(e) In accordance with 20 U.S.C. Section 7151, a local |
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educational agency, including a school district, home-rule school |
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district, or open-enrollment charter school, shall expel a student |
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who brings a firearm, as defined by 18 U.S.C. Section 921, to |
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school. The student must be expelled from the student's regular |
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campus for a period of at least one year, except that: |
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(1) the superintendent or other chief administrative |
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officer of the school district or of the other local educational |
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agency, as defined by 20 U.S.C. Section 7801, may modify the length |
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of the expulsion in the case of an individual student; |
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(2) the district or other local educational agency |
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shall provide educational services to an expelled student in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the student is younger than 10 years of age on the date of |
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expulsion; and |
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(3) the district or other local educational agency |
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shall [may] provide educational services to an expelled student who |
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is 10 years of age or older in a disciplinary alternative education |
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program as provided in Section 37.008 unless, after placement in |
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the program, the student engages in conduct described by Subsection |
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(a) or is expelled from the program. |
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(g) In addition to any notice required under Article 15.27, |
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Code of Criminal Procedure, a school district shall inform each |
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educator who has responsibility for, or is under the direction and |
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supervision of an educator who has responsibility for, the |
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instruction of a student who has engaged in any violation listed in |
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this section of the student's misconduct. Each educator shall keep |
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the information received under this subsection confidential from |
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any person not entitled to the information under this subsection, |
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except that the educator may share the information with the |
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student's parent or guardian as provided for by state or federal |
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law. A teacher who receives information under this subsection may |
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not, solely on the basis of that information, remove the student |
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from the student's regularly assigned class. The State Board for |
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Educator Certification may revoke or suspend the certification of |
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an educator who intentionally violates this subsection. |
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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. |