1 | 1 | | 81R10867 KKA-D |
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2 | 2 | | By: Olivo H.B. No. 2618 |
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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 school district reporting of students placed in |
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8 | 8 | | disciplinary alternative education programs or expelled from |
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9 | 9 | | school. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 37.020, Education Code, is amended by |
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12 | 12 | | amending Subsections (b) and (c) and adding Subsection (d) to read |
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13 | 13 | | as follows: |
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14 | 14 | | (b) For each placement in a disciplinary alternative |
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15 | 15 | | education program established under Section 37.008, the district |
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16 | 16 | | shall report: |
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17 | 17 | | (1) information identifying the student, including |
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18 | 18 | | the student's race, sex, and date of birth, that will enable the |
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19 | 19 | | agency to compare placement data with information collected through |
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20 | 20 | | other reports; |
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21 | 21 | | (2) information indicating whether the student was |
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22 | 22 | | enrolled in a special education program under Subchapter A, Chapter |
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23 | 23 | | 29, at the time of the placement; |
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24 | 24 | | (3) information indicating whether the placement was |
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25 | 25 | | based on: |
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26 | 26 | | (A) conduct violating the student code of conduct |
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27 | 27 | | adopted under Section 37.001; |
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28 | 28 | | (B) conduct for which a student may be removed |
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29 | 29 | | from class under Section 37.002(b); |
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30 | 30 | | (C) conduct for which placement in a disciplinary |
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31 | 31 | | alternative education program is required by Section 37.006; or |
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32 | 32 | | (D) conduct occurring while a student was |
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33 | 33 | | enrolled in another district and for which placement in a |
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34 | 34 | | disciplinary alternative education program is permitted by Section |
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35 | 35 | | 37.008(j); |
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36 | 36 | | (4) [(3)] the number of full or partial days the |
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37 | 37 | | student was assigned to the program and the number of full or |
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38 | 38 | | partial days the student attended the program; and |
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39 | 39 | | (5) [(4)] the number of placements that were |
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40 | 40 | | inconsistent with the guidelines included in the student code of |
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41 | 41 | | conduct under Section 37.001(a)(5). |
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42 | 42 | | (c) For each expulsion under Section 37.007, the district |
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43 | 43 | | shall report: |
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44 | 44 | | (1) information identifying the student, including |
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45 | 45 | | the student's race, sex, and date of birth, that will enable the |
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46 | 46 | | agency to compare placement data with information collected through |
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47 | 47 | | other reports; |
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48 | 48 | | (2) information indicating whether the student was |
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49 | 49 | | enrolled in a special education program under Subchapter A, Chapter |
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50 | 50 | | 29, at the time of the expulsion; |
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51 | 51 | | (3) information indicating whether the expulsion was |
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52 | 52 | | based on: |
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53 | 53 | | (A) conduct for which expulsion is required under |
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54 | 54 | | Section 37.007, including information specifically indicating |
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55 | 55 | | whether a student was expelled on the basis of Section 37.007(e); or |
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56 | 56 | | (B) conduct for which expulsion is permitted |
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57 | 57 | | under Section 37.007; |
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58 | 58 | | (4) [(3)] the number of full or partial days the |
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59 | 59 | | student was expelled; |
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60 | 60 | | (5) [(4)] information indicating whether: |
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61 | 61 | | (A) the student was placed in a juvenile justice |
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62 | 62 | | alternative education program under Section 37.011; |
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63 | 63 | | (B) the student was placed in a disciplinary |
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64 | 64 | | alternative education program; or |
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65 | 65 | | (C) the student was not placed in a juvenile |
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66 | 66 | | justice or other disciplinary alternative education program; and |
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67 | 67 | | (6) [(5)] the number of expulsions that were |
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68 | 68 | | inconsistent with the guidelines included in the student code of |
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69 | 69 | | conduct under Section 37.001(a)(5). |
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70 | 70 | | (d) For each circumstance in which a student engages in |
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71 | 71 | | conduct for which the student is subject to expulsion under Section |
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72 | 72 | | 37.007(a), (d), or (e), but in which the district does not expel the |
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73 | 73 | | student because the student's incarceration or other circumstance |
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74 | 74 | | prevents the district from taking that action, the district shall |
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75 | 75 | | report information: |
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76 | 76 | | (1) identifying the student, including the student's |
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77 | 77 | | race, sex, and date of birth; |
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78 | 78 | | (2) indicating whether the student was enrolled in a |
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79 | 79 | | special education program under Subchapter A, Chapter 29, at the |
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80 | 80 | | time of the conduct; |
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81 | 81 | | (3) describing the conduct in which the student |
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82 | 82 | | engaged; and |
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83 | 83 | | (4) specifying the incarceration or other disposition |
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84 | 84 | | that resulted from the student's conduct. |
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85 | 85 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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86 | 86 | | school year. |
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87 | 87 | | SECTION 3. This Act takes effect immediately if it receives |
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88 | 88 | | a vote of two-thirds of all the members elected to each house, as |
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89 | 89 | | provided by Section 39, Article III, Texas Constitution. If this |
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90 | 90 | | Act does not receive the vote necessary for immediate effect, this |
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91 | 91 | | Act takes effect September 1, 2009. |
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