81R10867 KKA-D
By: Olivo H.B. No. 2618
A BILL TO BE ENTITLED
AN ACT
relating to school district reporting of students placed in
disciplinary alternative education programs or expelled from
school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.020, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) For each placement in a disciplinary alternative
education program established under Section 37.008, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the student was
enrolled in a special education program under Subchapter A, Chapter
29, at the time of the placement;
(3) information indicating whether the placement was
based on:
(A) conduct violating the student code of conduct
adopted under Section 37.001;
(B) conduct for which a student may be removed
from class under Section 37.002(b);
(C) conduct for which placement in a disciplinary
alternative education program is required by Section 37.006; or
(D) conduct occurring while a student was
enrolled in another district and for which placement in a
disciplinary alternative education program is permitted by Section
37.008(j);
(4) [(3)] the number of full or partial days the
student was assigned to the program and the number of full or
partial days the student attended the program; and
(5) [(4)] the number of placements that were
inconsistent with the guidelines included in the student code of
conduct under Section 37.001(a)(5).
(c) For each expulsion under Section 37.007, the district
shall report:
(1) information identifying the student, including
the student's race, sex, and date of birth, that will enable the
agency to compare placement data with information collected through
other reports;
(2) information indicating whether the student was
enrolled in a special education program under Subchapter A, Chapter
29, at the time of the expulsion;
(3) information indicating whether the expulsion was
based on:
(A) conduct for which expulsion is required under
Section 37.007, including information specifically indicating
whether a student was expelled on the basis of Section 37.007(e); or
(B) conduct for which expulsion is permitted
under Section 37.007;
(4) [(3)] the number of full or partial days the
student was expelled;
(5) [(4)] information indicating whether:
(A) the student was placed in a juvenile justice
alternative education program under Section 37.011;
(B) the student was placed in a disciplinary
alternative education program; or
(C) the student was not placed in a juvenile
justice or other disciplinary alternative education program; and
(6) [(5)] the number of expulsions that were
inconsistent with the guidelines included in the student code of
conduct under Section 37.001(a)(5).
(d) For each circumstance in which a student engages in
conduct for which the student is subject to expulsion under Section
37.007(a), (d), or (e), but in which the district does not expel the
student because the student's incarceration or other circumstance
prevents the district from taking that action, the district shall
report information:
(1) identifying the student, including the student's
race, sex, and date of birth;
(2) indicating whether the student was enrolled in a
special education program under Subchapter A, Chapter 29, at the
time of the conduct;
(3) describing the conduct in which the student
engaged; and
(4) specifying the incarceration or other disposition
that resulted from the student's conduct.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. 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.