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A BILL TO BE ENTITLED
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AN ACT
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relating to the time period for placement of a student in a |
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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. Sections 37.009(a) and (d), Education Code, are |
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amended to 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 valid attempts to require the person's |
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attendance, the principal shall order the placement of the student |
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for a period consistent with the student code of conduct. If school |
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district policy allows a student to appeal to the board of trustees |
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or the board's designee a decision of the principal or other |
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appropriate administrator, other than an expulsion under Section |
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37.007, the decision of the board or the board's designee is final |
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and may not be appealed. [If the period of the placement is
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inconsistent with the guidelines included in the student code of
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conduct under Section 37.001(a)(5), the order must give notice of
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the inconsistency. The period of the placement may not exceed one
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year 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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(d) The board or the board's designee shall set a term for a |
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student's placement in a disciplinary alternative education |
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program. If the period of the placement is inconsistent with the |
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guidelines included in the student code of conduct under Section |
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37.001(a)(5), the order must give notice of the inconsistency and |
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state the reason for the inconsistency. The period of the placement |
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may not exceed one year unless, after a review, the district |
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determines that[:
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[(1)] the student is an imminent [a] threat to the |
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safety of other 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 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. |