81R21418 EAH-F
By: Olivo H.B. No. 172
Substitute the following for H.B. No. 172:
By: Allen C.S.H.B. No. 172
A BILL TO BE ENTITLED
AN ACT
relating to the right of a parent of a public school student to
immediate 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 IMMEDIATE NOTICE OF DISCIPLINARY
ACTION. (a) A parent is entitled to immediate notice from a school
district as provided by this section if under Subchapter A, Chapter
37, the parent's child is or will be placed into in-school or
out-of-school suspension, placed in a disciplinary alternative
education program, expelled, or placed in a juvenile justice
alternative education program or is taken or will be taken into
custody by a law enforcement officer. A school district must comply
with this subsection by:
(1) immediately contacting the parent by telephone or
in person; and
(2) giving written notice of the disciplinary action
to the student, on the day the action is taken, for delivery to the
student's parent.
(b) If a parent entitled to notice under Subsection (a) has
not been reached by telephone or in person by 5 p.m. of the first
business day after the day the disciplinary action is taken, a
school district shall mail written notice of the action to the
parent at the parent's last known address.
(c) The notice provided under this section must include:
(1) the disciplinary action taken against the student;
(2) a statement of the student's and parent's
applicable procedural rights under Subchapter A, Chapter 37; and
(3) the name of the person to contact at the campus in
connection with the disciplinary action.
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.