81R11396 KKA-D

By: Olivo H.B. No. 3039

A BILL TO BE ENTITLED

AN ACT

relating to continued placement of certain public school students in disciplinary alternative education programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.006, Education Code, is amended by amending Subsections (h) and (i) and adding Subsections (h-1) and (i-1) to read as follows:

(h) On receipt of notice under Article 15.27(g), Code of Criminal Procedure, the superintendent or the superintendent's designee shall review the student's placement in the disciplinary alternative education program. The student may not be returned to the regular classroom pending the review. The superintendent or the superintendent's designee shall schedule a review of the student's placement with the student's parent or guardian not later than the third class day after the superintendent or superintendent's designee receives notice from the office or official designated by the court. After reviewing the notice and receiving information from the student's parent or guardian, the superintendent or the superintendent's designee may continue the student's placement in the disciplinary alternative education program only if there is overwhelming evidence [reason to believe] that the presence of the student in the regular classroom imminently threatens the safety of other students or teachers.

(h-1) If a student's placement in the disciplinary alternative education program is continued in accordance with Subsection (h), the superintendent or designee must prepare a written statement of the evidence on which the determination to continue the student's placement in the program was based. A copy of the statement must be provided to the student's parent or guardian.

(i) The student or the student's parent or guardian may appeal the superintendent's decision under Subsection (h) to the board of trustees. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next scheduled meeting, review the notice provided under Article 15.27(g), Code of Criminal Procedure, and the written statement prepared under Subsection (h-1) and receive information from the student, the student's parent or guardian, and the superintendent or superintendent's designee and confirm or reverse the decision under Subsection (h). The board shall make a record of the proceedings. The record must include a copy of the written statement prepared under Subsection (h-1). If the board confirms the decision of the superintendent or superintendent's designee, the board shall:

(1) prepare a written statement of the reasons the decision was confirmed that is signed by each board member in agreement with the decision and included in the record of the proceedings; and

(2) inform the student and the student's parent or guardian of the right to appeal to the commissioner under Subsection (j).

(i-1) Notwithstanding Subsection (i), the board of trustees shall hold a special meeting to consider a student's appeal under that subsection if the next regularly scheduled meeting at which the appeal would otherwise be considered is scheduled to occur more than 21 days after the date on which the request for an appeal is received. The special meeting must be held as soon as possible.

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.