81R2281 EAH-D
By: Olivo H.B. No. 172
A BILL TO BE ENTITLED
AN ACT
relating to the right of a parent of a public school student to
prompt notice of certain disciplinary action taken against the
student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Education Code, is amended by adding
Section 26.0082 to read as follows:
Sec. 26.0082. RIGHT TO PROMPT NOTICE OF DISCIPLINARY
ACTION. (a) A parent is entitled to notice from a school district
as provided by this section if under Subchapter A, Chapter 37, the
parent's child is placed in a disciplinary alternative education
program or expelled or placed in a juvenile justice alternative
education program. A school district must comply with this
subsection by:
(1) giving written notice of the disciplinary action
to the student, on the day the action is taken, for delivery to the
student's parent; and
(2) not later than 5 p.m. of the first business day
after the day the disciplinary action is taken:
(A) informing the parent of the action by
telephone or in person; or
(B) mailing written notice of the action to the
parent at the parent's last known address.
(b) The notice provided under Subsection (a) must include a
statement of the student's and parent's applicable procedural
rights under Subchapter A, Chapter 37.
SECTION 2. Section 37.0091(a), Education Code, is amended
to read as follows:
(a) A noncustodial parent may request in writing that a
school district or school, for the remainder of the school year in
which the request is received, provide that parent with:
(1) a copy of any written notification relating to
student misconduct under Section 37.006 or 37.007 that is generally
provided by the district or school to a student's parent or
guardian; and
(2) any notice required by Section 26.0082.
SECTION 3. Section 26.0082, Education Code, as added by
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.