| 1 | 1 | | 81R21 JRJ-D |
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| 2 | 2 | | By: Strama H.B. No. 349 |
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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 placement of public school students with certain |
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| 8 | 8 | | disabilities in juvenile justice alternative education programs. |
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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 37.004, Education Code, is amended by |
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| 11 | 11 | | adding Subsections (e) and (f) to read as follows: |
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| 12 | 12 | | (e) Notwithstanding any other provision of this subchapter, |
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| 13 | 13 | | in a county with a juvenile justice alternative education program |
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| 14 | 14 | | established under Section 37.011, the expulsion under a provision |
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| 15 | 15 | | of Section 37.007 described by this subsection of a student with a |
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| 16 | 16 | | disability who receives special education services must occur in |
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| 17 | 17 | | accordance with this subsection and Subsection (f). The school |
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| 18 | 18 | | district that proposes to expel the student shall, in accordance |
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| 19 | 19 | | with applicable federal law, provide the administrator of the |
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| 20 | 20 | | juvenile justice alternative education program or the |
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| 21 | 21 | | administrator's designee with reasonable notice of the meeting of |
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| 22 | 22 | | the student's admission, review, and dismissal committee to discuss |
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| 23 | 23 | | the student's proposed expulsion. A representative of the juvenile |
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| 24 | 24 | | justice alternative education program may participate in the |
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| 25 | 25 | | meeting to the extent that the meeting relates to the student's |
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| 26 | 26 | | placement in the program. This subsection applies only to an |
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| 27 | 27 | | expulsion under: |
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| 28 | 28 | | (1) Section 37.007(b), (c), (f), or (i); or |
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| 29 | 29 | | (2) Section 37.007(d) as a result of conduct that |
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| 30 | 30 | | contains the elements of any offense listed in Section |
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| 31 | 31 | | 37.007(b)(2)(C) against any employee or volunteer in retaliation |
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| 32 | 32 | | for or as a result of the person's employment or association with a |
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| 33 | 33 | | school district. |
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| 34 | 34 | | (f) If, after placement of a student in a juvenile justice |
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| 35 | 35 | | alternative education program under Subsection (e), the |
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| 36 | 36 | | administrator of the program or the administrator's designee has |
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| 37 | 37 | | concerns that the student's educational or behavioral needs cannot |
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| 38 | 38 | | be met in the program, the administrator or designee shall |
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| 39 | 39 | | immediately provide written notice of those concerns to the school |
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| 40 | 40 | | district from which the student was expelled. The student's |
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| 41 | 41 | | admission, review, and dismissal committee shall meet to reconsider |
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| 42 | 42 | | the placement of the student in the program. The district shall, in |
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| 43 | 43 | | accordance with applicable federal law, provide the administrator |
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| 44 | 44 | | or designee with reasonable notice of the meeting, and a |
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| 45 | 45 | | representative of the program may participate in the meeting to the |
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| 46 | 46 | | extent that the meeting relates to the student's continued |
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| 47 | 47 | | placement in the program. |
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| 48 | 48 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 49 | 49 | | school year. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2009. |
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