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A BILL TO BE ENTITLED
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AN ACT
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relating to a student's right to a review of the student's placement |
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in a disciplinary alternative education program following notice of |
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the student's arrest or referral for certain off-campus conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006(h), Education Code, is amended to |
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read as follows: |
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(h) On receipt of notice under Article 15.27(g), Code of |
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Criminal Procedure, the superintendent or the superintendent's |
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designee shall review the student's placement in the disciplinary |
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alternative education program. The student may not be returned to |
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the regular classroom pending the review. Unless a parent or |
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guardian requests, orally or in writing, additional time before a |
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review, the [The] superintendent or the superintendent's designee |
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shall schedule a review of the student's placement with the |
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student's parent or guardian not later than the third class day |
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after the superintendent or superintendent's designee receives |
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notice from the office or official designated by the court. If an |
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extension is requested by a parent or guardian under this |
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subsection, a review must be scheduled not later than the 15th class |
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day after the date the notice was received by the superintendent or |
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the superintendent's designee. After reviewing the notice and |
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receiving information from the student's parent or guardian, the |
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superintendent or the superintendent's designee may continue the |
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student's placement in the disciplinary alternative education |
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program if there is reason to believe that the presence of the |
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student in the regular classroom threatens the safety of other |
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students or teachers. |
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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. |