| 1 | 1 | | 81R11380 CAS-D |
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| 2 | 2 | | By: Olivo H.B. No. 3036 |
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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 certain rights under a school district code of conduct |
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| 8 | 8 | | of a student with disabilities and the student's parent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.001, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (b-2) to read as follows: |
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| 12 | 12 | | (b-2) The methods adopted under Subsection (a)(8) must |
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| 13 | 13 | | provide that a student who, under Section 504, Rehabilitation Act |
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| 14 | 14 | | of 1973 (29 U.S.C. Section 794), is considered to have a disability |
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| 15 | 15 | | may not be disciplined for conduct prohibited in accordance with |
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| 16 | 16 | | Subsection (a)(7) until an admission, review, and dismissal |
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| 17 | 17 | | committee meeting has been held to review the conduct and the |
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| 18 | 18 | | student's parent has been provided written notice concerning the |
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| 19 | 19 | | meeting. The date originally scheduled for the committee meeting |
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| 20 | 20 | | may not be earlier than the third day after the date on which the |
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| 21 | 21 | | parent is provided the notice. The notice must include the date and |
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| 22 | 22 | | location of the committee meeting, the parent's right to attend the |
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| 23 | 23 | | meeting, and the parent's right and the school district's |
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| 24 | 24 | | obligation to attempt to reschedule a meeting scheduled for a date |
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| 25 | 25 | | or time that conflicts with the parent's employment or that does not |
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| 26 | 26 | | provide the time needed for the parent to prepare for the meeting. |
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| 27 | 27 | | In addition, the notice must request that the parent contact, not |
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| 28 | 28 | | later than a reasonable date specified by the notice, the district |
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| 29 | 29 | | employee whose name and contact information are specified in the |
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| 30 | 30 | | notice to confirm that the parent has received the notice and to |
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| 31 | 31 | | inform the district employee whether the parent intends to attend |
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| 32 | 32 | | the committee meeting or would like the district to reschedule the |
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| 33 | 33 | | meeting. If a parent does not respond to the notice by the day |
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| 34 | 34 | | before the date on which the committee meeting is scheduled to be |
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| 35 | 35 | | held, the district must make a reasonable effort to contact the |
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| 36 | 36 | | parent by oral communication. If the parent then provides good |
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| 37 | 37 | | cause, as determined by the district, for failing to respond to the |
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| 38 | 38 | | original notice, the district shall reschedule the committee |
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| 39 | 39 | | meeting for another reasonable date. |
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| 40 | 40 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 41 | 41 | | school year. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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