| 1 | 1 | | 81R10856 CAS-F |
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| 2 | 2 | | By: Olivo H.B. No. 2477 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to placement of a student who has engaged in conduct for |
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| 8 | 8 | | which the student may be expelled from public school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 37.007(e) and (g), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (e) In accordance with 20 U.S.C. Section 7151, a local |
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| 13 | 13 | | educational agency, including a school district, home-rule school |
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| 14 | 14 | | district, or open-enrollment charter school, shall expel a student |
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| 15 | 15 | | who brings a firearm, as defined by 18 U.S.C. Section 921, to |
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| 16 | 16 | | school. The student must be expelled from the student's regular |
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| 17 | 17 | | campus for a period of at least one year, except that: |
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| 18 | 18 | | (1) the superintendent or other chief administrative |
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| 19 | 19 | | officer of the school district or of the other local educational |
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| 20 | 20 | | agency, as defined by 20 U.S.C. Section 7801, may modify the length |
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| 21 | 21 | | of the expulsion in the case of an individual student; |
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| 22 | 22 | | (2) the district or other local educational agency |
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| 23 | 23 | | shall provide educational services to an expelled student in a |
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| 24 | 24 | | disciplinary alternative education program as provided by Section |
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| 25 | 25 | | 37.008 if the student is younger than 10 years of age on the date of |
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| 26 | 26 | | expulsion; and |
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| 27 | 27 | | (3) the district or other local educational agency |
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| 28 | 28 | | shall [may] provide educational services to an expelled student who |
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| 29 | 29 | | is 10 years of age or older in a disciplinary alternative education |
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| 30 | 30 | | program as provided in Section 37.008 unless, after placement in |
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| 31 | 31 | | the program, the student engages in conduct described by Subsection |
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| 32 | 32 | | (a) or is expelled from the program. |
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| 33 | 33 | | (g) In addition to any notice required under Article 15.27, |
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| 34 | 34 | | Code of Criminal Procedure, a school district shall inform each |
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| 35 | 35 | | educator who has responsibility for, or is under the direction and |
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| 36 | 36 | | supervision of an educator who has responsibility for, the |
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| 37 | 37 | | instruction of a student who has engaged in any violation listed in |
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| 38 | 38 | | this section of the student's misconduct. Each educator shall keep |
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| 39 | 39 | | the information received under this subsection confidential from |
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| 40 | 40 | | any person not entitled to the information under this subsection, |
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| 41 | 41 | | except that the educator may share the information with the |
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| 42 | 42 | | student's parent or guardian as provided for by state or federal |
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| 43 | 43 | | law. A teacher who receives information under this subsection may |
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| 44 | 44 | | not, solely on the basis of that information, remove the student |
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| 45 | 45 | | from the student's regularly assigned class. The State Board for |
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| 46 | 46 | | Educator Certification may revoke or suspend the certification of |
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| 47 | 47 | | an educator who intentionally violates this subsection. |
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| 48 | 48 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 49 | 49 | | school year. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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