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A BILL TO BE ENTITLED
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AN ACT
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relating to notification requirements concerning offenses |
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committed by students and school district discretion over admission |
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or placement of certain students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.27, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (a-1), (b), (c), and (g) and |
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adding Subsections (k) and (l) to read as follows: |
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(a) A law enforcement agency that arrests any person or |
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refers a child to the office or official designated by the juvenile |
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board who the agency believes is enrolled as a student in a public |
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primary or secondary school, for an offense listed in Subsection |
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(h), shall attempt to ascertain whether the person is so enrolled. |
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If the law enforcement agency ascertains that the individual is |
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enrolled as a student in a public primary or secondary school, the |
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head of the agency or a person designated by the head of the agency |
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shall orally notify the superintendent or a person designated by |
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the superintendent in the school district in which the student is |
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enrolled of that arrest or referral within 24 hours after the arrest |
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or referral is made, or before [on] the next school day, whichever |
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is earlier. If the law enforcement agency cannot ascertain whether |
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the individual is enrolled as a student, the head of the agency or a |
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person designated by the head of the agency shall orally notify the |
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superintendent or a person designated by the superintendent in the |
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school district in which the student is believed to be enrolled of |
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that arrest or detention within 24 hours after the arrest or |
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detention, or before [on] the next school day, whichever is |
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earlier. If the individual is a student, the superintendent or the |
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superintendent's designee shall promptly notify all instructional |
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and support personnel who have responsibility for supervision of |
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the student. All personnel shall keep the information received in |
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this subsection confidential. The State Board for Educator |
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Certification may revoke or suspend the certification of personnel |
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who intentionally violate this subsection. Within seven days after |
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the date the oral notice is given, the head of the law enforcement |
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agency or the person designated by the head of the agency shall mail |
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written notification, marked "PERSONAL and CONFIDENTIAL" on the |
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mailing envelope, to the superintendent or the person designated by |
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the superintendent. The written notification must include the |
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facts contained in the oral notification, the name of the person who |
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was orally notified, and the date and time of the oral notification. |
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Both the oral and written notice shall contain sufficient details |
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of the arrest or referral and the acts allegedly committed by the |
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student to enable the superintendent or the superintendent's |
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designee to determine whether there is a reasonable belief that the |
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student has engaged in conduct defined as a felony offense by the |
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Penal Code. The information contained in the notice shall [may] be |
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considered by the superintendent or the superintendent's designee |
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in making such a determination. |
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(a-1) The superintendent or a person designated by the |
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superintendent in the school district shall [may] send to a school |
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district employee having direct supervisory responsibility over |
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the student the information contained in the confidential notice |
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under Subsection (a) [if the superintendent or the person
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designated by the superintendent determines that the employee needs
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the information for educational purposes or for the protection of
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the person informed or others]. |
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(b) On conviction, deferred prosecution, or deferred |
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adjudication or an adjudication of delinquent conduct of an |
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individual enrolled as a student in a public primary or secondary |
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school, for an offense or for any conduct listed in Subsection (h) |
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of this article, the office of the prosecuting attorney acting in |
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the case shall orally notify the superintendent or a person |
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designated by the superintendent in the school district in which |
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the student is enrolled of the conviction or adjudication and |
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whether the student is required to register as a sex offender under |
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Chapter 62. Oral notification must be given within 24 hours of the |
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time of the order or before [on] the next school day, whichever is |
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earlier. The superintendent shall, within 24 hours of receiving |
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notification from the office of the prosecuting attorney, or before |
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the next school day, whichever is earlier, notify all instructional |
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and support personnel who have regular contact with the student. |
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Within seven days after the date the oral notice is given, the |
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office of the prosecuting attorney shall mail written notice, which |
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must contain a statement of the offense of which the individual is |
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convicted or on which the adjudication, deferred adjudication, or |
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deferred prosecution is grounded and a statement of whether the |
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student is required to register as a sex offender under Chapter 62. |
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(c) A parole, probation, or community supervision office, |
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including a community supervision and corrections department, a |
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juvenile probation department, the paroles division of the Texas |
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Department of Criminal Justice, and the Texas Youth Commission, |
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having jurisdiction over a student described by Subsection (a), |
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(b), or (e) who transfers from a school or is subsequently removed |
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from a school and later returned to a school or school district |
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other than the one the student was enrolled in when the arrest, |
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referral to a juvenile court, conviction, or adjudication occurred |
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shall within 24 hours of learning of the student's transfer or |
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reenrollment, or before the next school day, whichever is earlier, |
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notify the superintendent or a person designated by the |
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superintendent of the school district to which the student |
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transfers or is returned or, in the case of a private school, the |
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principal or a school employee designated by the principal of the |
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school to which the student transfers or is returned of the arrest |
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or referral in a manner similar to that provided for by Subsection |
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(a) or (e)(1), or of the conviction or delinquent adjudication in a |
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manner similar to that provided for by Subsection (b) or (e)(2). |
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The superintendent of the school district to which the student |
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transfers or is returned or, in the case of a private school, the |
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principal of the school to which the student transfers or is |
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returned shall, within 24 hours of receiving notification under |
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this subsection or before the next school day, whichever is |
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earlier, notify all instructional and support personnel who have |
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regular contact with the student. |
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(g) The office of the prosecuting attorney or the office or |
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official designated by the juvenile board shall, before the student |
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returns to school [within two working days], notify the school |
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district that removed a student to a disciplinary alternative |
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education program under Section 37.006, Education Code, if: |
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(1) prosecution of the student's case was refused for |
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lack of prosecutorial merit or insufficient evidence and no formal |
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proceedings, deferred adjudication, or deferred prosecution will |
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be initiated; or |
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(2) the court or jury found the student not guilty or |
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made a finding the child did not engage in delinquent conduct or |
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conduct indicating a need for supervision and the case was |
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dismissed with prejudice. |
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(k) Oral or written notice required under this article must |
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include all pertinent details of the offense or conduct, including |
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details of any: |
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(1) assaultive behavior or other violence; |
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(2) weapons used in the commission of the offense or |
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conduct; or |
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(3) weapons possessed during the commission of the |
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offense or conduct. |
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(l) If a school district board of trustees learns of a |
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failure by the superintendent of the district or a district |
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principal to provide a notice required under Subsection (a), (a-1), |
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or (b), the board of trustees shall report the failure to the State |
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Board for Educator Certification. If the governing body of a |
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private primary or secondary school learns of a failure by the |
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principal of the school to provide a notice required under |
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Subsection (e), and the principal holds a certificate issued under |
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Subchapter B, Chapter 21, Education Code, the governing body shall |
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report the failure to the State Board for Educator Certification. |
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SECTION 2. Article 15.27(e)(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) The principal of a private school in which the |
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student is enrolled or a school employee designated by the |
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principal shall [may] send to a school employee having direct |
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supervisory responsibility over the student the information |
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contained in the confidential notice, for the same purposes as |
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described by Subsection (a-1) [(d)] of this article. |
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SECTION 3. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.024 to read as follows: |
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Sec. 37.024. DISCRETION OVER ADMISSION OR PLACEMENT OF |
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CERTAIN TRANSFER AND OTHER NEW STUDENTS. (a) Except as provided by |
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Subsection (b), this section applies to a school district that |
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receives notice under Article 15.27(c), Code of Criminal Procedure, |
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regarding a transfer or other new student who enrolls in the |
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district. |
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(b) A school district that receives notice under Article |
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15.27(c), Code of Criminal Procedure, regarding a student who is |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure, is governed by Subchapter I. |
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(c) A school district to which this section applies may |
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consider the student's conduct that resulted in the notification to |
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the district under Article 15.27(c), Code of Criminal Procedure, |
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and, on the basis of that consideration, may: |
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(1) notwithstanding Section 25.001, decline to admit |
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the student into the public schools of the district if the district |
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determines that the student poses a risk to the district's teachers |
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or students; or |
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(2) admit the student into the public schools of the |
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district and determine: |
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(A) the appropriate placement for the student |
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from among all available educational options, including the regular |
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classroom, a disciplinary alternative education program, a |
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juvenile justice alternative education program, and a program |
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delivered to the student at home; and |
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(B) any reasonable conditions required to be met |
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by the student as a condition of admission. |
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(d) A school district that under this section declines to |
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admit a student or elects to provide educational services through |
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any option other than placement in the regular classroom shall, at |
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the student's request, review the district's determination |
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regarding the student at least annually. |
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(e) To the extent this section conflicts with another |
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provision of this subchapter, this section prevails. |
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SECTION 4. Section 37.024, Education Code, as added by this |
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Act, applies beginning with the 2011-2012 school year. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect when the offense was committed or the conduct occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense is committed or conduct occurs |
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before the effective date of this Act if any element of the offense |
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or conduct occurs before that date. |
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SECTION 6. This Act takes effect September 1, 2011. |