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A BILL TO BE ENTITLED
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AN ACT
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relating to an appeal for certain students placed in a disciplinary |
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alternative education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.009, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If a student's placement in a disciplinary alternative |
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education program is to extend beyond 60 days or the end of the next |
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grading period, whichever is earlier, a student's parent or |
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guardian is entitled to notice of and an opportunity to participate |
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in a proceeding before the board of trustees of the school district |
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or the board's designee, as provided by policy of the board of |
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trustees of the district. Except as provided by Subsection (b-1), |
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any [Any] decision of the board or the board's designee under this |
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subsection is final and may not be appealed. |
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(b-1) A student's placement in a disciplinary alternative |
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education program may be appealed by trial de novo to a district |
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court of the county in which the school district's central |
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administrative office is located if the school district has |
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received notice as required by Article 15.27(g), Code of Criminal |
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Procedure, that, in connection with the conduct that resulted in |
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the student's placement in the program: |
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(1) the student will not be prosecuted; |
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(2) a court or jury found the student not guilty; or |
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(3) the court made a finding that the child did not |
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engage in delinquent conduct or conduct indicating a need for |
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supervision. |
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SECTION 2. This Act takes effect September 1, 2009. |