81R11380 CAS-D
By: Olivo H.B. No. 3036
A BILL TO BE ENTITLED
AN ACT
relating to certain rights under a school district code of conduct
of a student with disabilities and the student's parent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.001, Education Code, is amended by
adding Subsection (b-2) to read as follows:
(b-2) The methods adopted under Subsection (a)(8) must
provide that a student who, under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), is considered to have a disability
may not be disciplined for conduct prohibited in accordance with
Subsection (a)(7) until an admission, review, and dismissal
committee meeting has been held to review the conduct and the
student's parent has been provided written notice concerning the
meeting. The date originally scheduled for the committee meeting
may not be earlier than the third day after the date on which the
parent is provided the notice. The notice must include the date and
location of the committee meeting, the parent's right to attend the
meeting, and the parent's right and the school district's
obligation to attempt to reschedule a meeting scheduled for a date
or time that conflicts with the parent's employment or that does not
provide the time needed for the parent to prepare for the meeting.
In addition, the notice must request that the parent contact, not
later than a reasonable date specified by the notice, the district
employee whose name and contact information are specified in the
notice to confirm that the parent has received the notice and to
inform the district employee whether the parent intends to attend
the committee meeting or would like the district to reschedule the
meeting. If a parent does not respond to the notice by the day
before the date on which the committee meeting is scheduled to be
held, the district must make a reasonable effort to contact the
parent by oral communication. If the parent then provides good
cause, as determined by the district, for failing to respond to the
original notice, the district shall reschedule the committee
meeting for another reasonable date.
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.