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A BILL TO BE ENTITLED
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AN ACT
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relating to the population of a county required to operate a |
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juvenile justice 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 37.010(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the second business day after the date a |
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hearing is held under Section 37.009, the board of trustees of a |
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school district or the board's designee shall deliver a copy of the |
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order placing a student in a disciplinary alternative education |
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program under Section 37.006 or expelling a student under Section |
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37.007 and any information required under Section 52.04, Family |
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Code, to the authorized officer of the juvenile court in the county |
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in which the student resides. In a county that operates a program |
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under Section 37.011, an expelled student shall to the extent |
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provided by law or by the memorandum of understanding immediately |
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attend the educational program from the date of expulsion, except |
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that in a county with a population greater than 180,000 [125,000], |
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every expelled student who is not detained or receiving treatment |
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under an order of the juvenile court must be enrolled in an |
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educational program. |
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SECTION 2. Sections 37.011(a), (a-1), (k), and (m), |
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Education Code, are amended to read as follows: |
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(a) The juvenile board of a county with a population greater |
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than 180,000 [125,000] shall develop a juvenile justice alternative |
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education program, subject to the approval of the Texas Juvenile |
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Probation Commission. The juvenile board of a county with a |
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population of 180,000 [125,000] or less may develop a juvenile |
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justice alternative education program. For the purposes of this |
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subchapter, only a disciplinary alternative education program |
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operated under the authority of a juvenile board of a county is |
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considered a juvenile justice alternative education program. A |
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juvenile justice alternative education program in a county with a |
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population of 180,000 [125,000] or less: |
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(1) is not required to be approved by the Texas |
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Juvenile Probation Commission; and |
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(2) is not subject to Subsection (c), (d), (f), or (g). |
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(a-1) For purposes of this section and Section 37.010(a), a |
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county with a population greater than 180,000 [125,000] is |
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considered to be a county with a population of 180,000 [125,000] or |
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less if: |
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(1) the county had a population of 180,000 [125,000] |
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or less according to the 2000 federal census; and |
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(2) the juvenile board of the county enters into, with |
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the approval of the Texas Juvenile Probation Commission, a |
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memorandum of understanding with each school district within the |
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county that: |
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(A) outlines the responsibilities of the board |
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and school districts in minimizing the number of students expelled |
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without receiving alternative educational services; and |
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(B) includes the coordination procedures |
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required by Section 37.013. |
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(k) Each school district in a county with a population |
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greater than 180,000 [125,000] and the county juvenile board shall |
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annually enter into a joint memorandum of understanding that: |
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(1) outlines the responsibilities of the juvenile |
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board concerning the establishment and operation of a juvenile |
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justice alternative education program under this section; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board for students of the school |
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district served in the juvenile justice alternative education |
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program whose placement was not made on the basis of an expulsion |
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required under Section 37.007(a), (d), or (e); |
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(3) identifies those categories of conduct that the |
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school district has defined in its student code of conduct as |
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constituting serious or persistent misbehavior for which a student |
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may be placed in the juvenile justice alternative education |
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program; |
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(4) identifies and requires a timely placement and |
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specifies a term of placement for expelled students for whom the |
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school district has received a notice under Section 52.041(d), |
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Family Code; |
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(5) establishes services for the transitioning of |
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expelled students to the school district prior to the completion of |
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the student's placement in the juvenile justice alternative |
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education program; |
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(6) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(7) establishes the circumstances and conditions |
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under which a juvenile may be allowed to remain in the juvenile |
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justice alternative education program setting once the juvenile is |
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no longer under juvenile court jurisdiction; and |
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(8) establishes a plan to address special education |
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services required by law. |
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(m) Each school district in a county with a population |
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greater than 180,000 [125,000] and the county juvenile board shall |
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adopt a joint memorandum of understanding as required by this |
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section not later than September 1 of each school year. |
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SECTION 3. Section 53.02(e), Family Code, is amended to |
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read as follows: |
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(e) Unless otherwise agreed in the memorandum of |
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understanding under Section 37.011, Education Code, in a county |
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with a population greater than 180,000 [125,000], if a child being |
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released under this section is expelled under Section 37.007, |
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Education Code, the release shall be conditioned on the child's |
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attending a juvenile justice alternative education program pending |
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a deferred prosecution or formal court disposition of the child's |
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case. |
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SECTION 4. Section 54.01(f), Family Code, is amended to |
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read as follows: |
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(f) Unless otherwise agreed in the memorandum of |
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understanding under Section 37.011, Education Code, a release may |
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be conditioned on requirements reasonably necessary to insure the |
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child's appearance at later proceedings, but the conditions of the |
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release must be in writing and a copy furnished to the child. In a |
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county with a population greater than 180,000 [125,000], if a child |
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being released under this section is expelled under Section 37.007, |
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Education Code, the release shall be conditioned on the child's |
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attending a juvenile justice alternative education program pending |
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a deferred prosecution or formal court disposition of the child's |
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case. |
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SECTION 5. A juvenile court that has placed a child on |
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juvenile probation or deferred prosecution under Title 3, Family |
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Code, and required as a condition of probation or deferred |
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prosecution, as described by Section 37.011(b), Education Code, |
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that the child attend a juvenile justice alternative education |
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program in a county that is not required to operate a juvenile |
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justice alternative education program under Section 37.011, |
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Education Code, as amended by this Act, shall modify the conditions |
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of probation or deferred prosecution if the county discontinues |
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operation of the juvenile justice alternative education program. |
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SECTION 6. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 7. 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. |