| 1 | 1 | | 81R11395 CAE-D |
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| 2 | 2 | | By: Olivo H.B. No. 3037 |
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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 a student's right to a review of the student's placement |
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| 8 | 8 | | in a disciplinary alternative education program following notice of |
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| 9 | 9 | | the student's arrest or referral for certain off-campus conduct. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 37.006(h), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (h) On receipt of notice under Article 15.27(g), Code of |
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| 14 | 14 | | Criminal Procedure, the superintendent or the superintendent's |
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| 15 | 15 | | designee shall review the student's placement in the disciplinary |
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| 16 | 16 | | alternative education program. The student may not be returned to |
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| 17 | 17 | | the regular classroom pending the review. Unless a parent or |
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| 18 | 18 | | guardian requests, orally or in writing, additional time before a |
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| 19 | 19 | | review, the [The] superintendent or the superintendent's designee |
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| 20 | 20 | | shall schedule a review of the student's placement with the |
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| 21 | 21 | | student's parent or guardian not later than the third class day |
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| 22 | 22 | | after the superintendent or superintendent's designee receives |
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| 23 | 23 | | notice from the office or official designated by the court. If an |
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| 24 | 24 | | extension is requested by a parent or guardian under this |
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| 25 | 25 | | subsection, a review must be scheduled not later than the 15th class |
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| 26 | 26 | | day after the date the notice was received by the superintendent or |
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| 27 | 27 | | the superintendent's designee. After reviewing the notice and |
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| 28 | 28 | | receiving information from the student's parent or guardian, the |
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| 29 | 29 | | superintendent or the superintendent's designee may continue the |
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| 30 | 30 | | student's placement in the disciplinary alternative education |
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| 31 | 31 | | program if there is reason to believe that the presence of the |
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| 32 | 32 | | student in the regular classroom threatens the safety of other |
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| 33 | 33 | | students or teachers. |
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| 34 | 34 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 35 | 35 | | school year. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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