81R11395 CAE-D
By: Olivo H.B. No. 3037
A BILL TO BE ENTITLED
AN ACT
relating to a student's right to a review of the student's placement
in a disciplinary alternative education program following notice of
the student's arrest or referral for certain off-campus conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006(h), Education Code, is amended to
read as follows:
(h) On receipt of notice under Article 15.27(g), Code of
Criminal Procedure, the superintendent or the superintendent's
designee shall review the student's placement in the disciplinary
alternative education program. The student may not be returned to
the regular classroom pending the review. Unless a parent or
guardian requests, orally or in writing, additional time before a
review, the [The] superintendent or the superintendent's designee
shall schedule a review of the student's placement with the
student's parent or guardian not later than the third class day
after the superintendent or superintendent's designee receives
notice from the office or official designated by the court. If an
extension is requested by a parent or guardian under this
subsection, a review must be scheduled not later than the 15th class
day after the date the notice was received by the superintendent or
the superintendent's designee. After reviewing the notice and
receiving information from the student's parent or guardian, the
superintendent or the superintendent's designee may continue the
student's placement in the disciplinary alternative education
program if there is reason to believe that the presence of the
student in the regular classroom threatens the safety of other
students or teachers.
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.