81R1445 JRJ-D
By: Madden H.B. No. 1050
A BILL TO BE ENTITLED
AN ACT
relating to placement of public school students with certain
disabilities in disciplinary alternative education programs and
juvenile justice alternative education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.004, Education Code, is amended by
adding Subsections (e), (f), (g), and (h) to read as follows:
(e) Notwithstanding any other provision of this subchapter,
in a county with a juvenile justice alternative education program
established under Section 37.011, the expulsion under a provision
of Section 37.007 described by this subsection of a student with a
disability who receives special education services must occur in
accordance with this subsection and Subsection (f). The school
district that proposes to expel the student shall, in accordance
with applicable federal law, provide the administrator of the
juvenile justice alternative education program or the
administrator's designee with reasonable notice of the meeting of
the student's admission, review, and dismissal committee to discuss
the student's proposed expulsion. A representative of the juvenile
justice alternative education program may participate in the
meeting to the extent that the meeting relates to the student's
placement in the program. This subsection applies only to an
expulsion under:
(1) Section 37.007(b), (c), (f), or (i); or
(2) Section 37.007(d) as a result of conduct that
contains the elements of any offense listed in Section
37.007(b)(2)(C) against any employee or volunteer in retaliation
for or as a result of the person's employment or association with a
school district.
(f) If, after placement of a student in a juvenile justice
alternative education program under Subsection (e), the
administrator of the program or the administrator's designee has
concerns that the student's educational or behavioral needs cannot
be met in the program, the administrator or designee shall
immediately provide written notice of those concerns to the school
district from which the student was expelled. The student's
admission, review, and dismissal committee shall meet to reconsider
the placement of the student in the program. The district shall, in
accordance with applicable federal law, provide the administrator
or designee with reasonable notice of the meeting, and a
representative of the program may participate in the meeting to the
extent that the meeting relates to the student's continued
placement in the program.
(g) A school district that places in a disciplinary
alternative education program a student with a disability who
receives special education services shall, during the placement,
provide the student with the special education services required by
the student's individualized education program developed under
Section 29.005.
(h) This subsection applies only to a student who is
eligible to receive special education services because of the
student's learning disability or emotional disturbance and who is
in a regular education classroom for all or part of the school day.
The admission, review, and dismissal committee of a student who
engages in conduct for which a student may be but is not required to
be placed in a disciplinary alternative education program shall
place the student in a special education classroom, if available,
for the full school day if, after a manifestation determination
review, the committee determines the conduct was not a
manifestation of the student's disability. If the committee
determines that the conduct was a manifestation of the student's
disability, the committee may not alter the student's placement
under this subsection. If the conduct continues, the student's
admission, review, and dismissal committee shall meet to reconsider
the student's placement.
SECTION 2. Section 37.008, Education Code, is amended by
amending Subsection (a) and adding Subsection (n) to read as
follows:
(a) Each school district shall provide a disciplinary
alternative education program that:
(1) is provided in a setting other than a student's
regular classroom;
(2) is located on or off of a regular school campus;
(3) provides for the students who are assigned to the
disciplinary alternative education program to be separated from
students who are not assigned to the program;
(4) focuses on English language arts, mathematics,
science, history, and self-discipline;
(5) provides for students' educational and behavioral
needs, including, if applicable, implementation of a student's
individualized education program developed under Section 29.005;
(6) provides supervision and counseling;
(7) employs only teachers who meet all certification
requirements established under Subchapter B, Chapter 21; and
(8) provides not less than the minimum amount of
instructional time per day required by Section 25.082(a).
(n) A school district shall certify in writing to the agency
that each student who has been determined to be eligible under
Subchapter A, Chapter 29, for special education services and who is
placed in a disciplinary alternative education program has an
individualized education program developed under Section 29.005.
SECTION 3. This Act applies beginning with the 2009-2010
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, 2009.