81R11349 KKA-D
By: Olivo H.B. No. 3034
A BILL TO BE ENTITLED
AN ACT
relating to the time period for placement of a student in a
disciplinary alternative education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.009(a) and (d), Education Code, are
amended to read as follows:
(a) Not later than the third class day after the day on which
a student is removed from class by the teacher under Section
37.002(b) or (d) or by the school principal or other appropriate
administrator under Section 37.001(a)(2) or 37.006, the principal
or other appropriate administrator shall schedule a conference
among the principal or other appropriate administrator, a parent or
guardian of the student, the teacher removing the student from
class, if any, and the student. At the conference, the student is
entitled to written or oral notice of the reasons for the removal,
an explanation of the basis for the removal, and an opportunity to
respond to the reasons for the removal. The student may not be
returned to the regular classroom pending the conference.
Following the conference, and whether or not each requested person
is in attendance after valid attempts to require the person's
attendance, the principal shall order the placement of the student
for a period consistent with the student code of conduct. If school
district policy allows a student to appeal to the board of trustees
or the board's designee a decision of the principal or other
appropriate administrator, other than an expulsion under Section
37.007, the decision of the board or the board's designee is final
and may not be appealed. [If the period of the placement is
inconsistent with the guidelines included in the student code of
conduct under Section 37.001(a)(5), the order must give notice of
the inconsistency. The period of the placement may not exceed one
year unless, after a review, the district determines that:
[(1) the student is a threat to the safety of other
students or to district employees; or
[(2) extended placement is in the best interest of the
student.]
(d) The board or the board's designee shall set a term for a
student's placement in a disciplinary alternative education
program. If the period of the placement is inconsistent with the
guidelines included in the student code of conduct under Section
37.001(a)(5), the order must give notice of the inconsistency and
state the reason for the inconsistency. The period of the placement
may not exceed one year unless, after a review, the district
determines that[:
[(1)] the student is an imminent [a] threat to the
safety of other students or to district employees[; or
[(2) extended placement is in the best interest of the
student].
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.