81R11396 KKA-D
By: Olivo H.B. No. 3039
A BILL TO BE ENTITLED
AN ACT
relating to continued placement of certain public school students
in disciplinary alternative education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006, Education Code, is amended by
amending Subsections (h) and (i) and adding Subsections (h-1) and
(i-1) 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. 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. 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 only if there is overwhelming evidence [reason to believe]
that the presence of the student in the regular classroom
imminently threatens the safety of other students or teachers.
(h-1) If a student's placement in the disciplinary
alternative education program is continued in accordance with
Subsection (h), the superintendent or designee must prepare a
written statement of the evidence on which the determination to
continue the student's placement in the program was based. A copy
of the statement must be provided to the student's parent or
guardian.
(i) The student or the student's parent or guardian may
appeal the superintendent's decision under Subsection (h) to the
board of trustees. The student may not be returned to the regular
classroom pending the appeal. The board shall, at the next
scheduled meeting, review the notice provided under Article
15.27(g), Code of Criminal Procedure, and the written statement
prepared under Subsection (h-1) and receive information from the
student, the student's parent or guardian, and the superintendent
or superintendent's designee and confirm or reverse the decision
under Subsection (h). The board shall make a record of the
proceedings. The record must include a copy of the written
statement prepared under Subsection (h-1). If the board confirms
the decision of the superintendent or superintendent's designee,
the board shall:
(1) prepare a written statement of the reasons the
decision was confirmed that is signed by each board member in
agreement with the decision and included in the record of the
proceedings; and
(2) inform the student and the student's parent or
guardian of the right to appeal to the commissioner under
Subsection (j).
(i-1) Notwithstanding Subsection (i), the board of trustees
shall hold a special meeting to consider a student's appeal under
that subsection if the next regularly scheduled meeting at which
the appeal would otherwise be considered is scheduled to occur more
than 21 days after the date on which the request for an appeal is
received. The special meeting must be held as soon as possible.
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.