Texas 2009 - 81st Regular

Texas House Bill HB1050 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1445 JRJ-D
2	2	By: Madden H.B. No. 1050
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to placement of public school students with certain
8	8	disabilities in disciplinary alternative education programs and
9	9	juvenile justice alternative education programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.004, Education Code, is amended by
12	12	adding Subsections (e), (f), (g), and (h) to read as follows:
13	13	(e) Notwithstanding any other provision of this subchapter,
14	14	in a county with a juvenile justice alternative education program
15	15	established under Section 37.011, the expulsion under a provision
16	16	of Section 37.007 described by this subsection of a student with a
17	17	disability who receives special education services must occur in
18	18	accordance with this subsection and Subsection (f). The school
19	19	district that proposes to expel the student shall, in accordance
20	20	with applicable federal law, provide the administrator of the
21	21	juvenile justice alternative education program or the
22	22	administrator's designee with reasonable notice of the meeting of
23	23	the student's admission, review, and dismissal committee to discuss
24	24	the student's proposed expulsion. A representative of the juvenile
25	25	justice alternative education program may participate in the
26	26	meeting to the extent that the meeting relates to the student's
27	27	placement in the program. This subsection applies only to an
28	28	expulsion under:
29	29	(1) Section 37.007(b), (c), (f), or (i); or
30	30	(2) Section 37.007(d) as a result of conduct that
31	31	contains the elements of any offense listed in Section
32	32	37.007(b)(2)(C) against any employee or volunteer in retaliation
33	33	for or as a result of the person's employment or association with a
34	34	school district.
35	35	(f) If, after placement of a student in a juvenile justice
36	36	alternative education program under Subsection (e), the
37	37	administrator of the program or the administrator's designee has
38	38	concerns that the student's educational or behavioral needs cannot
39	39	be met in the program, the administrator or designee shall
40	40	immediately provide written notice of those concerns to the school
41	41	district from which the student was expelled. The student's
42	42	admission, review, and dismissal committee shall meet to reconsider
43	43	the placement of the student in the program. The district shall, in
44	44	accordance with applicable federal law, provide the administrator
45	45	or designee with reasonable notice of the meeting, and a
46	46	representative of the program may participate in the meeting to the
47	47	extent that the meeting relates to the student's continued
48	48	placement in the program.
49	49	(g) A school district that places in a disciplinary
50	50	alternative education program a student with a disability who
51	51	receives special education services shall, during the placement,
52	52	provide the student with the special education services required by
53	53	the student's individualized education program developed under
54	54	Section 29.005.
55	55	(h) This subsection applies only to a student who is
56	56	eligible to receive special education services because of the
57	57	student's learning disability or emotional disturbance and who is
58	58	in a regular education classroom for all or part of the school day.
59	59	The admission, review, and dismissal committee of a student who
60	60	engages in conduct for which a student may be but is not required to
61	61	be placed in a disciplinary alternative education program shall
62	62	place the student in a special education classroom, if available,
63	63	for the full school day if, after a manifestation determination
64	64	review, the committee determines the conduct was not a
65	65	manifestation of the student's disability. If the committee
66	66	determines that the conduct was a manifestation of the student's
67	67	disability, the committee may not alter the student's placement
68	68	under this subsection. If the conduct continues, the student's
69	69	admission, review, and dismissal committee shall meet to reconsider
70	70	the student's placement.
71	71	SECTION 2. Section 37.008, Education Code, is amended by
72	72	amending Subsection (a) and adding Subsection (n) to read as
73	73	follows:
74	74	(a) Each school district shall provide a disciplinary
75	75	alternative education program that:
76	76	(1) is provided in a setting other than a student's
77	77	regular classroom;
78	78	(2) is located on or off of a regular school campus;
79	79	(3) provides for the students who are assigned to the
80	80	disciplinary alternative education program to be separated from
81	81	students who are not assigned to the program;
82	82	(4) focuses on English language arts, mathematics,
83	83	science, history, and self-discipline;
84	84	(5) provides for students' educational and behavioral
85	85	needs, including, if applicable, implementation of a student's
86	86	individualized education program developed under Section 29.005;
87	87	(6) provides supervision and counseling;
88	88	(7) employs only teachers who meet all certification
89	89	requirements established under Subchapter B, Chapter 21; and
90	90	(8) provides not less than the minimum amount of
91	91	instructional time per day required by Section 25.082(a).
92	92	(n) A school district shall certify in writing to the agency
93	93	that each student who has been determined to be eligible under
94	94	Subchapter A, Chapter 29, for special education services and who is
95	95	placed in a disciplinary alternative education program has an
96	96	individualized education program developed under Section 29.005.
97	97	SECTION 3. This Act applies beginning with the 2009-2010
98	98	school year.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2009.