81R10867 KKA-D
 
  By: Olivo H.B. No. 2618
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to school district reporting of students placed in
  disciplinary alternative education programs or expelled from
  school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.020, Education Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (d) to read
  as follows:
         (b)  For each placement in a disciplinary alternative
  education program established under Section 37.008, the district
  shall report:
               (1)  information identifying the student, including
  the student's race, sex, and date of birth, that will enable the
  agency to compare placement data with information collected through
  other reports;
               (2)  information indicating whether the student was
  enrolled in a special education program under Subchapter A, Chapter
  29, at the time of the placement;
               (3)  information indicating whether the placement was
  based on:
                     (A)  conduct violating the student code of conduct
  adopted under Section 37.001;
                     (B)  conduct for which a student may be removed
  from class under Section 37.002(b);
                     (C)  conduct for which placement in a disciplinary
  alternative education program is required by Section 37.006; or
                     (D)  conduct occurring while a student was
  enrolled in another district and for which placement in a
  disciplinary alternative education program is permitted by Section
  37.008(j);
               (4) [(3)]  the number of full or partial days the
  student was assigned to the program and the number of full or
  partial days the student attended the program; and
               (5) [(4)]  the number of placements that were
  inconsistent with the guidelines included in the student code of
  conduct under Section 37.001(a)(5).
         (c)  For each expulsion under Section 37.007, the district
  shall report:
               (1)  information identifying the student, including
  the student's race, sex, and date of birth, that will enable the
  agency to compare placement data with information collected through
  other reports;
               (2)  information indicating whether the student was
  enrolled in a special education program under Subchapter A, Chapter
  29, at the time of the expulsion;
               (3)  information indicating whether the expulsion was
  based on:
                     (A)  conduct for which expulsion is required under
  Section 37.007, including information specifically indicating
  whether a student was expelled on the basis of Section 37.007(e); or
                     (B)  conduct for which expulsion is permitted
  under Section 37.007;
               (4) [(3)]  the number of full or partial days the
  student was expelled;
               (5) [(4)]  information indicating whether:
                     (A)  the student was placed in a juvenile justice
  alternative education program under Section 37.011;
                     (B)  the student was placed in a disciplinary
  alternative education program; or
                     (C)  the student was not placed in a juvenile
  justice or other disciplinary alternative education program; and
               (6) [(5)]  the number of expulsions that were
  inconsistent with the guidelines included in the student code of
  conduct under Section 37.001(a)(5).
         (d)  For each circumstance in which a student engages in
  conduct for which the student is subject to expulsion under Section
  37.007(a), (d), or (e), but in which the district does not expel the
  student because the student's incarceration or other circumstance
  prevents the district from taking that action, the district shall
  report information:
               (1)  identifying the student, including the student's
  race, sex, and date of birth;
               (2)  indicating whether the student was enrolled in a
  special education program under Subchapter A, Chapter 29, at the
  time of the conduct;
               (3)  describing the conduct in which the student
  engaged; and
               (4)  specifying the incarceration or other disposition
  that resulted from the student's conduct.
         SECTION 2.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 3.  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.