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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of a student who is a moderate or high |
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risk sex offender in a juvenile justice alternative education |
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program or a disciplinary alternative education program with |
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certain monitoring requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.011(k), Education Code, is amended to |
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read as follows: |
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(k) Each school district in a county with a population |
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greater than 125,000 and the county juvenile board shall annually |
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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) establishes that a student may be placed in the |
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juvenile justice alternative education program if the student |
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engages in serious misbehavior, as defined by Section 37.007(c); |
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(4) establishes that a student to whom Subchapter I |
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applies shall be placed in the juvenile justice alternative |
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education program if the student is assigned a numeric risk level of |
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two or three based on an assessment conducted in accordance with |
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Article 62.007, Code of Criminal Procedure; |
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(5) 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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(6) [(5)] establishes services for the transitioning |
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of expelled students to the school district prior to the completion |
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of the student's placement in the juvenile justice alternative |
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education program; |
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(7) [(6)] establishes a plan that provides |
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transportation services for students placed in the juvenile justice |
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alternative education program; |
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(8) [(7)] establishes the circumstances and |
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conditions under which a juvenile may be allowed to remain in the |
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juvenile justice alternative education program setting once the |
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juvenile is no longer under juvenile court jurisdiction; and |
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(9) [(8)] establishes a plan to address special |
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education services required by law. |
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SECTION 2. Section 37.304, Education Code, is amended to |
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read as follows: |
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Sec. 37.304. PLACEMENT OF LOW RISK REGISTERED SEX OFFENDER |
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WHO IS UNDER COURT SUPERVISION. (a) A school district shall place |
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a student to whom this subchapter applies who is assigned a numeric |
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risk level of one based on an assessment conducted in accordance |
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with Article 62.007, Code of Criminal Procedure, and who is under |
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any form of court supervision, including probation, community |
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supervision, or parole, in the appropriate alternative education |
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program as provided by Section 37.309 for at least one semester. |
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(b) If a student described by Subsection (a) transfers to |
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another school district during the student's mandatory placement in |
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an alternative education program under Subsection (a), the district |
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to which the student transfers may: |
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(1) require the student to complete an additional |
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semester in the appropriate alternative education program without |
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conducting a review of the student's placement for that semester |
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under Section 37.306; or |
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(2) count any time spent by the student in an |
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alternative education program in the district from which the |
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student transfers toward the mandatory placement requirement under |
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Subsection (a). |
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SECTION 3. Section 37.305, Education Code, is amended to |
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read as follows: |
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Sec. 37.305. PLACEMENT OF LOW RISK REGISTERED SEX OFFENDER |
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WHO IS NOT UNDER COURT SUPERVISION. A school district may place a |
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student to whom this subchapter applies who is assigned a numeric |
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risk level of one based on an assessment conducted in accordance |
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with Article 62.007, Code of Criminal Procedure, and who is not |
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under any form of court supervision in the appropriate alternative |
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education program as provided by Section 37.309 for one semester or |
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in the regular classroom. The district may not place the student |
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in the regular classroom if the district board of trustees |
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determines that the student's presence in the regular classroom: |
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(1) threatens the safety of other students or |
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teachers; |
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(2) will be detrimental to the educational process; or |
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(3) is not in the best interests of the district's |
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students. |
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SECTION 4. The heading to Section 37.306, Education Code, |
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is amended to read as follows: |
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Sec. 37.306. REVIEW OF PLACEMENT OF LOW RISK REGISTERED SEX |
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OFFENDER IN ALTERNATIVE EDUCATION PROGRAM. |
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SECTION 5. Section 37.306(a), Education Code, is amended to |
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read as follows: |
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(a) At the end of the first semester of the [a student's] |
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placement in an alternative education program under Section 37.304 |
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or 37.305 of a student who is assigned a numeric risk level of one |
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based on an assessment conducted in accordance with Article 62.007, |
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Code of Criminal Procedure, the school district board of trustees |
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shall convene a committee to review the student's placement in the |
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alternative education program. The committee must be composed of: |
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(1) a classroom teacher from the campus to which the |
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student would be assigned were the student not placed in an |
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alternative education program; |
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(2) the student's parole or probation officer or, in |
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the case of a student who does not have a parole or probation |
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officer, a representative of the local juvenile probation |
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department; |
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(3) an instructor from the alternative education |
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program to which the student is assigned; |
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(4) a school district designee selected by the board |
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of trustees; and |
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(5) a school counselor employed by the school |
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district. |
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SECTION 6. Section 37.308, Education Code, is amended to |
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read as follows: |
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Sec. 37.308. TRANSFER OF REGISTERED SEX OFFENDER. (a) |
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Except as provided by Section 37.304(b), a school district shall |
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determine whether to place a student to whom this subchapter |
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applies who is assigned a numeric risk level of one based on an |
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assessment conducted in accordance with Article 62.007, Code of |
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Criminal Procedure, and who transfers to the district in the |
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appropriate alternative education program as provided by Section |
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37.309 or in a regular classroom. The school district shall follow |
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the procedures specified under Section 37.306 in making the |
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determination. |
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(b) The school district shall make a placement |
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determination solely as provided by Section 37.309 with respect to |
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a student to whom this subchapter applies who transfers to the |
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district and who is assigned a numeric risk level of two or three |
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based on an assessment conducted in accordance with Article 62.007, |
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Code of Criminal Procedure. |
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SECTION 7. Section 37.309, 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) A school district shall place a student who is required |
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by the board of trustees to attend an alternative education program |
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under this subchapter in a juvenile justice alternative education |
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program if: |
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(1) the memorandum of understanding entered into |
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between the school district and juvenile board under Section |
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37.011(k) provides for or requires the placement of students to |
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whom this subchapter applies in the juvenile justice alternative |
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education program; or |
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(2) a court orders the placement of the student in a |
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juvenile justice alternative education program. |
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(c) If a student to whom this subchapter applies who is |
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assigned a numeric risk level of two or three based on an assessment |
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conducted in accordance with Article 62.007, Code of Criminal |
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Procedure, is not placed in a juvenile justice alternative |
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education program in accordance with Subsection (b), the school |
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district shall ensure the student is not left unsupervised in the |
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presence of other students and is supervised by an educator or |
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school administrator of the district at all times while present on |
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campus. |
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SECTION 8. (a) The change in law made by this Act applies to |
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a student who, based on an assessment conducted in accordance with |
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Article 62.007, Code of Criminal Procedure: |
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(1) is assigned a numeric risk level of two or three on |
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or after the effective date of this Act, regardless of whether: |
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(A) the student began receiving educational |
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services from a school district before, on, or after that date; or |
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(B) the offense or conduct for which the student |
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became subject to registration as a sex offender under Chapter 62, |
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Code of Criminal Procedure, occurred before, on, or after that |
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date; or |
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(2) has been assigned a numeric risk level of two or |
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three and begins receiving educational services at or transfers to |
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a school district on or after the effective date of this Act, |
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regardless of whether the numeric risk level was assigned before, |
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on, or after that date. |
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(b) For a student who, on the effective date of this Act, has |
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been assigned a risk level of two or three based on an assessment |
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conducted in accordance with Article 62.007, Code of Criminal |
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Procedure, before the effective date of this Act, the school |
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district shall, as provided by Section 37.309, Education Code, as |
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amended by this Act, transfer the student to a juvenile justice |
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alternative education program or institute supervision by an |
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educator or school administrator, as appropriate, not later than |
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January 1, 2016. |
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SECTION 9. This Act takes effect September 1, 2015. |