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A BILL TO BE ENTITLED
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AN ACT
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relating to removal of a public school student and placement in a |
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disciplinary alternative education program for off-campus conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.006(c), (d), and (e), Education |
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Code, are amended to read as follows: |
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(c) In addition to Subsections (a) and (b), a student shall |
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be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the student receives deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as a felony offense |
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in Title 5, Penal Code; |
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(2) a court or jury finds that the student has engaged |
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in delinquent conduct under Section 54.03, Family Code, for conduct |
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defined as a felony offense in Title 5, Penal Code; or |
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(3) the superintendent or the superintendent's |
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designee has overwhelming evidence [a reasonable belief] that the |
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student has engaged in a conduct defined as a felony offense in |
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Title 5, Penal Code. |
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(d) In addition to Subsections (a), (b), and (c), a student |
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may be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the superintendent or the superintendent's |
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designee has overwhelming evidence [a reasonable belief] that the |
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student has engaged in conduct defined as a felony offense other |
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than those defined in Title 5, Penal Code; and |
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(2) the continued presence of the student in the |
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regular classroom imminently threatens the safety of other students |
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or teachers or will be irreparably detrimental to the educational |
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process. |
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(e) In determining whether there is overwhelming evidence |
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[a reasonable belief] that a student has engaged in conduct defined |
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as a felony offense by the Penal Code, the superintendent or the |
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superintendent's designee may consider all available information, |
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including the information furnished under Article 15.27, Code of |
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Criminal Procedure. |
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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. |