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AN ACT
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relating to the disposition of certain students to alternative |
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education settings and the provision of educational services to |
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students in those settings or subject to in-school or out-of-school |
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suspension. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.005, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A school district shall provide to a student during the |
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period of the student's suspension under this section, regardless |
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of whether the student is placed in in-school or out-of-school |
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suspension, an alternative means of receiving all course work |
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provided in the classes in the foundation curriculum under Section |
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28.002(a)(1) that the student misses as a result of the suspension. |
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The district must provide at least one option for receiving the |
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course work that does not require the use of the Internet. |
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SECTION 2. Section 37.011(b), Education Code, is amended to |
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read as follows: |
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(b) If a student admitted into the public schools of a |
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school district under Section 25.001(b) is expelled from school for |
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conduct for which expulsion is required under Section 37.007(a), |
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(d), or (e), or for conduct that contains the elements of the |
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offense of terroristic threat as described by Section 22.07(c-1), |
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(d), or (e), Penal Code, the juvenile court, the juvenile board, or |
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the juvenile board's designee, as appropriate, shall: |
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(1) if the student is placed on probation under |
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Section 54.04, Family Code, order the student to attend the |
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juvenile justice alternative education program in the county in |
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which the student resides from the date of disposition as a |
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condition of probation, unless the child is placed in a |
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post-adjudication treatment facility; |
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(2) if the student is placed on deferred prosecution |
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under Section 53.03, Family Code, by the court, prosecutor, or |
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probation department, require the student to immediately attend the |
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juvenile justice alternative education program in the county in |
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which the student resides for a period not to exceed six months as a |
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condition of the deferred prosecution; |
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(3) in determining the conditions of the deferred |
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prosecution or court-ordered probation, consider the length of the |
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school district's expulsion order for the student; and |
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(4) provide timely educational services to the student |
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in the juvenile justice alternative education program in the county |
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in which the student resides, regardless of the student's age or |
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whether the juvenile court has jurisdiction over the student. |
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SECTION 3. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 4. 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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3012 was passed by the House on May 2, |
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2019, by the following vote: Yeas 139, Nays 3, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3012 on May 24, 2019, by the following vote: Yeas 134, Nays 7, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3012 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |