81R11372 CS-D
By: Olivo H.B. No. 2902
A BILL TO BE ENTITLED
AN ACT
relating to removal of a public school student and placement in a
disciplinary alternative education program for off-campus conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.006(c), (d), and (e), Education
Code, are amended to read as follows:
(c) In addition to Subsections (a) and (b), a student shall
be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the student receives deferred prosecution under
Section 53.03, Family Code, for conduct defined as a felony offense
in Title 5, Penal Code;
(2) a court or jury finds that the student has engaged
in delinquent conduct under Section 54.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
(3) the superintendent or the superintendent's
designee has overwhelming evidence [a reasonable belief] that the
student has engaged in a conduct defined as a felony offense in
Title 5, Penal Code.
(d) In addition to Subsections (a), (b), and (c), a student
may be removed from class and placed in a disciplinary alternative
education program under Section 37.008 based on conduct occurring
off campus and while the student is not in attendance at a
school-sponsored or school-related activity if:
(1) the superintendent or the superintendent's
designee has overwhelming evidence [a reasonable belief] that the
student has engaged in conduct defined as a felony offense other
than those defined in Title 5, Penal Code; and
(2) the continued presence of the student in the
regular classroom imminently threatens the safety of other students
or teachers or will be irreparably detrimental to the educational
process.
(e) In determining whether there is overwhelming evidence
[a reasonable belief] that a student has engaged in conduct defined
as a felony offense by the Penal Code, the superintendent or the
superintendent's designee may consider all available information,
including the information furnished under Article 15.27, Code of
Criminal Procedure.
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.