| 1 | 1 | | 81R21418 EAH-F |
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| 2 | 2 | | By: Olivo H.B. No. 172 |
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| 3 | 3 | | Substitute the following for H.B. No. 172: |
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| 4 | 4 | | By: Allen C.S.H.B. No. 172 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the right of a parent of a public school student to |
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| 10 | 10 | | immediate notice of certain disciplinary action taken against the |
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| 11 | 11 | | student. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 26, Education Code, is amended by adding |
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| 14 | 14 | | Section 26.0082 to read as follows: |
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| 15 | 15 | | Sec. 26.0082. RIGHT TO IMMEDIATE NOTICE OF DISCIPLINARY |
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| 16 | 16 | | ACTION. (a) A parent is entitled to immediate notice from a school |
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| 17 | 17 | | district as provided by this section if under Subchapter A, Chapter |
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| 18 | 18 | | 37, the parent's child is or will be placed into in-school or |
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| 19 | 19 | | out-of-school suspension, placed in a disciplinary alternative |
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| 20 | 20 | | education program, expelled, or placed in a juvenile justice |
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| 21 | 21 | | alternative education program or is taken or will be taken into |
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| 22 | 22 | | custody by a law enforcement officer. A school district must comply |
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| 23 | 23 | | with this subsection by: |
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| 24 | 24 | | (1) immediately contacting the parent by telephone or |
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| 25 | 25 | | in person; and |
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| 26 | 26 | | (2) giving written notice of the disciplinary action |
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| 27 | 27 | | to the student, on the day the action is taken, for delivery to the |
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| 28 | 28 | | student's parent. |
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| 29 | 29 | | (b) If a parent entitled to notice under Subsection (a) has |
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| 30 | 30 | | not been reached by telephone or in person by 5 p.m. of the first |
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| 31 | 31 | | business day after the day the disciplinary action is taken, a |
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| 32 | 32 | | school district shall mail written notice of the action to the |
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| 33 | 33 | | parent at the parent's last known address. |
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| 34 | 34 | | (c) The notice provided under this section must include: |
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| 35 | 35 | | (1) the disciplinary action taken against the student; |
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| 36 | 36 | | (2) a statement of the student's and parent's |
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| 37 | 37 | | applicable procedural rights under Subchapter A, Chapter 37; and |
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| 38 | 38 | | (3) the name of the person to contact at the campus in |
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| 39 | 39 | | connection with the disciplinary action. |
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| 40 | 40 | | SECTION 2. Section 37.0091(a), Education Code, is amended |
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| 41 | 41 | | to read as follows: |
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| 42 | 42 | | (a) A noncustodial parent may request in writing that a |
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| 43 | 43 | | school district or school, for the remainder of the school year in |
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| 44 | 44 | | which the request is received, provide that parent with: |
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| 45 | 45 | | (1) a copy of any written notification relating to |
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| 46 | 46 | | student misconduct under Section 37.006 or 37.007 that is generally |
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| 47 | 47 | | provided by the district or school to a student's parent or |
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| 48 | 48 | | guardian; and |
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| 49 | 49 | | (2) any notice required by Section 26.0082. |
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| 50 | 50 | | SECTION 3. Section 26.0082, Education Code, as added by |
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| 51 | 51 | | this Act, applies beginning with the 2009-2010 school year. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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