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A BILL TO BE ENTITLED
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AN ACT
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relating to readmission of a student to a regular school setting |
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following notice that charges against the student were dismissed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.006(h) and (i), Education Code, are |
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amended to 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, except that, as |
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determined by the superintendent or the superintendent's designee, |
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the student may be returned to the regular classroom pending the |
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review if the notice results from conduct that occurred off of |
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school property. The superintendent or the superintendent's |
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designee shall schedule a review of the student's placement in the |
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disciplinary alternative education program with the student's |
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parent or guardian not later than the third class day after the |
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superintendent or superintendent's designee receives notice from |
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the office or official designated by the court. After reviewing the |
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notice and receiving information from the student's parent or |
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guardian, the superintendent or the superintendent's designee may |
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continue the student's placement in the disciplinary alternative |
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education program if there is reason to believe that the presence of |
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the student in the regular classroom threatens the safety of other |
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students or teachers. |
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(i) The student or the student's parent or guardian may |
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appeal to the board of trustees the superintendent's decision to |
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retain the student in the disciplinary alternative education |
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program under Subsection (h) [to the board of trustees]. The |
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student may not be returned to the regular classroom pending the |
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appeal. The board shall, at the next scheduled meeting, review the |
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notice provided under Article 15.27(g), Code of Criminal Procedure, |
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and receive information from the student, the student's parent or |
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guardian, and the superintendent or superintendent's designee and |
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confirm or reverse the decision under Subsection (h). The board |
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shall make a record of the proceedings. If the board confirms the |
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decision of the superintendent or superintendent's designee, the |
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board shall inform the student and the student's parent or guardian |
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of the right to appeal to the commissioner under Subsection (j). |
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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. |