Texas 2009 - 81st Regular

Texas House Bill HB3034 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11349 KKA-D
2	2	By: Olivo H.B. No. 3034
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the time period for placement of a student in a
8	8	disciplinary alternative education program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 37.009(a) and (d), Education Code, are
11	11	amended to read as follows:
12	12	(a) Not later than the third class day after the day on which
13	13	a student is removed from class by the teacher under Section
14	14	37.002(b) or (d) or by the school principal or other appropriate
15	15	administrator under Section 37.001(a)(2) or 37.006, the principal
16	16	or other appropriate administrator shall schedule a conference
17	17	among the principal or other appropriate administrator, a parent or
18	18	guardian of the student, the teacher removing the student from
19	19	class, if any, and the student. At the conference, the student is
20	20	entitled to written or oral notice of the reasons for the removal,
21	21	an explanation of the basis for the removal, and an opportunity to
22	22	respond to the reasons for the removal. The student may not be
23	23	returned to the regular classroom pending the conference.
24	24	Following the conference, and whether or not each requested person
25	25	is in attendance after valid attempts to require the person's
26	26	attendance, the principal shall order the placement of the student
27	27	for a period consistent with the student code of conduct. If school
28	28	district policy allows a student to appeal to the board of trustees
29	29	or the board's designee a decision of the principal or other
30	30	appropriate administrator, other than an expulsion under Section
31	31	37.007, the decision of the board or the board's designee is final
32	32	and may not be appealed. [If the period of the placement is
33	33	inconsistent with the guidelines included in the student code of
34	34	conduct under Section 37.001(a)(5), the order must give notice of
35	35	the inconsistency. The period of the placement may not exceed one
36	36	year unless, after a review, the district determines that:
37	37	[(1) the student is a threat to the safety of other
38	38	students or to district employees; or
39	39	[(2) extended placement is in the best interest of the
40	40	student.]
41	41	(d) The board or the board's designee shall set a term for a
42	42	student's placement in a disciplinary alternative education
43	43	program. If the period of the placement is inconsistent with the
44	44	guidelines included in the student code of conduct under Section
45	45	37.001(a)(5), the order must give notice of the inconsistency and
46	46	state the reason for the inconsistency. The period of the placement
47	47	may not exceed one year unless, after a review, the district
48	48	determines that[:
49	49	[(1)] the student is an imminent [a] threat to the
50	50	safety of other students or to district employees[; or
51	51	[(2) extended placement is in the best interest of the
52	52	student].
53	53	SECTION 2. This Act applies beginning with the 2009-2010
54	54	school year.
55	55	SECTION 3. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2009.