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A BILL TO BE ENTITLED
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AN ACT
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relating to public school disciplinary procedures and the |
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evaluation of disciplinary alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.002(c), Education Code, is amended to |
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read as follows: |
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(c) If a teacher removes a student from class under |
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Subsection (b), the principal may place the student into another |
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appropriate classroom, into in-school suspension as provided by |
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Section 37.005(c), or into a disciplinary alternative education |
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program as provided by Section 37.008. The principal may not return |
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the student to that teacher's class without the teacher's consent |
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unless the committee established under Section 37.003 determines |
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that such placement is the best or only alternative available. The |
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terms of the removal may prohibit the student from attending or |
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participating in school-sponsored or school-related activity. |
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SECTION 2. Section 37.005, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An out-of-school [A] suspension [under this section] |
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may not exceed three school days. |
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(c) A student and the student's parent or guardian are |
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entitled to a conference in the same manner as provided by Section |
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37.009(a) for removal of a student from class if the student |
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receives: |
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(1) an in-school suspension that is to exceed three |
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school days; |
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(2) an in-school suspension of any length during the |
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same school year in which the student previously received an |
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in-school suspension of three or more days; or |
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(3) an out-of-school suspension of any length. |
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SECTION 3. Section 37.008(m), Education Code, is amended to |
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read as follows: |
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(m) The commissioner shall adopt rules necessary to |
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evaluate annually the performance of each district's disciplinary |
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alternative education program established under this subchapter. |
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The evaluation required by this section shall be based on |
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indicators defined by the commissioner, but must include student |
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academic performance as determined by the student achievement |
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indicators [on assessment instruments required] under Section |
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39.053 [Sections 39.023(a) and (c). Academically, the mission of
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disciplinary alternative education programs shall be to enable
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students to perform at grade level]. |
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SECTION 4. Sections 37.009(a) and (f), Education Code, are |
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amended to read as follows: |
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(a) Not later than the third class day after the day on which |
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a student is removed from class by the teacher under Section |
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37.002(b) or (d) or by the school principal or other appropriate |
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administrator under Section 37.001(a)(2) or 37.006, the principal |
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or other appropriate administrator shall schedule a conference |
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among the principal or other appropriate administrator, a parent or |
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guardian of the student, the teacher removing the student from |
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class, if any, and the student. At the conference, the student is |
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entitled to written [or oral] notice of the reasons for the removal |
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that explains [, an explanation of] the basis for the removal and |
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states whether the student is a threat to the safety of other |
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students or to district employees. The student is also entitled to |
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[, and] an opportunity to respond to the reasons for the removal. |
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The student may not be returned to the regular classroom pending the |
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conference. Following the conference, and whether or not each |
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requested person is in attendance after valid attempts to require |
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the person's attendance, the principal shall order the placement of |
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the student for a period consistent with the student code of |
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conduct. If school district policy allows a student to appeal to |
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the board of trustees or the board's designee a decision of the |
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principal or other appropriate administrator, other than an |
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expulsion under Section 37.007, the decision of the board or the |
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board's designee is final and may not be appealed. If the period of |
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the placement is inconsistent with the guidelines included in the |
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student code of conduct under Section 37.001(a)(5), the order must |
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give notice of the inconsistency. The period of the placement may |
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not exceed one year unless, after a review, the district determines |
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that: |
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(1) the student is a threat to the safety of other |
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students or to district employees; or |
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(2) extended placement is in the best interest of the |
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student. |
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(f) Before a student may be expelled under Section 37.007, |
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the board or the board's designee must provide the student a hearing |
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at which the student is afforded appropriate due process as |
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required by the federal constitution and which the student's parent |
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or guardian is invited, in writing, to attend. At the hearing, the |
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student is entitled to be represented by the student's parent or |
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guardian or another adult who can provide guidance to the student |
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and who is not an employee of the school district. The student is |
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also entitled to written notice of the reasons for the expulsion |
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that explains the basis for the expulsion and states whether the |
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student is a threat to the safety of other students or to district |
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employees. If the school district makes a good-faith effort to |
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inform the student and the student's parent or guardian of the time |
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and place of the hearing, the district may hold the hearing |
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regardless of whether the student, the student's parent or |
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guardian, or another adult representing the student attends. If |
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the decision to expel a student is made by the board's designee, the |
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decision may be appealed to the board. The decision of the board |
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may be appealed by trial de novo to a district court of the county in |
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which the school district's central administrative office is |
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located. |
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SECTION 5. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 6. 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, 2011. |