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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights under a school district code of conduct |
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of a student with disabilities and the student's parent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.001, Education Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) The methods adopted under Subsection (a)(8) must |
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provide that a student who, under Section 504, Rehabilitation Act |
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of 1973 (29 U.S.C. Section 794), is considered to have a disability |
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may not be disciplined for conduct prohibited in accordance with |
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Subsection (a)(7) until an admission, review, and dismissal |
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committee meeting has been held to review the conduct and the |
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student's parent has been provided written notice concerning the |
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meeting. The date originally scheduled for the committee meeting |
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may not be earlier than the third day after the date on which the |
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parent is provided the notice. The notice must include the date and |
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location of the committee meeting, the parent's right to attend the |
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meeting, and the parent's right and the school district's |
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obligation to attempt to reschedule a meeting scheduled for a date |
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or time that conflicts with the parent's employment or that does not |
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provide the time needed for the parent to prepare for the meeting. |
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In addition, the notice must request that the parent contact, not |
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later than a reasonable date specified by the notice, the district |
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employee whose name and contact information are specified in the |
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notice to confirm that the parent has received the notice and to |
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inform the district employee whether the parent intends to attend |
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the committee meeting or would like the district to reschedule the |
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meeting. If a parent does not respond to the notice by the day |
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before the date on which the committee meeting is scheduled to be |
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held, the district must make a reasonable effort to contact the |
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parent by oral communication. If the parent then provides good |
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cause, as determined by the district, for failing to respond to the |
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original notice, the district shall reschedule the committee |
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meeting for another reasonable date. |
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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. |