By: Talarico, et al. (Senate Sponsor - Zaffirini) H.B. No. 3012
         (In the Senate - Received from the House May 2, 2019;
  May 3, 2019, read first time and referred to Committee on
  Education; May 17, 2019, reported favorably by the following vote:  
  Yeas 11, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
  relating to the disposition of certain students to alternative
  education settings and the provision of educational services to
  students in those settings or subject to in-school or out-of-school
         SECTION 1.  Section 37.005, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A school district shall provide to a student during the
  period of the student's suspension under this section, regardless
  of whether the student is placed in in-school or out-of-school
  suspension, an alternative means of receiving all course work
  provided in the classes in the foundation curriculum under Section
  28.002(a)(1) that the student misses as a result of the suspension.  
  The district must provide at least one option for receiving the
  course work that does not require the use of the Internet.
         SECTION 2.  Section 37.011(b), Education Code, is amended to
  read as follows:
         (b)  If a student admitted into the public schools of a
  school district under Section 25.001(b) is expelled from school for
  conduct for which expulsion is required under Section 37.007(a),
  (d), or (e), or for conduct that contains the elements of the
  offense of terroristic threat under Section 22.07, Penal Code, the
  juvenile court, the juvenile board, or the juvenile board's
  designee, as appropriate, shall:
               (1)  if the student is placed on probation under
  Section 54.04, Family Code, order the student to attend the
  juvenile justice alternative education program in the county in
  which the student resides from the date of disposition as a
  condition of probation, unless the child is placed in a
  post-adjudication treatment facility;
               (2)  if the student is placed on deferred prosecution
  under Section 53.03, Family Code, by the court, prosecutor, or
  probation department, require the student to immediately attend the
  juvenile justice alternative education program in the county in
  which the student resides for a period not to exceed six months as a
  condition of the deferred prosecution;
               (3)  in determining the conditions of the deferred
  prosecution or court-ordered probation, consider the length of the
  school district's expulsion order for the student; and
               (4)  provide timely educational services to the student
  in the juvenile justice alternative education program in the county
  in which the student resides, regardless of the student's age or
  whether the juvenile court has jurisdiction over the student.
         SECTION 3.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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