| 1 | 1 | | 81R11374 CAS-F |
|---|
| 2 | 2 | | By: Olivo H.B. No. 2478 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to discipline for certain conduct of a student enrolled in |
|---|
| 8 | 8 | | a school district special education program. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 37.001(b-1), Education Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | (b-1) The methods adopted under Subsection (a)(8) must |
|---|
| 13 | 13 | | provide that a student who is enrolled in a special education |
|---|
| 14 | 14 | | program under Subchapter A, Chapter 29, may not be disciplined for |
|---|
| 15 | 15 | | conduct prohibited in accordance with Subsection (a)(7) until an |
|---|
| 16 | 16 | | admission, review, and dismissal committee meeting has been held to |
|---|
| 17 | 17 | | review the conduct and may be disciplined for that conduct only in |
|---|
| 18 | 18 | | accordance with procedural due process safeguards for a student |
|---|
| 19 | 19 | | enrolled in a special education program or the student's parent as |
|---|
| 20 | 20 | | required under: |
|---|
| 21 | 21 | | (1) this subchapter, Subchapter A, Chapter 29, or |
|---|
| 22 | 22 | | another provision of this code; |
|---|
| 23 | 23 | | (2) rules adopted under a provision described by |
|---|
| 24 | 24 | | Subdivision (1); or |
|---|
| 25 | 25 | | (3) federal law or regulations. |
|---|
| 26 | 26 | | SECTION 2. This Act applies beginning with the 2009-2010 |
|---|
| 27 | 27 | | school year. |
|---|
| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 32 | 32 | | Act takes effect September 1, 2009. |
|---|