Texas House Bill HB4599

Texas 2009 - 81st Regular

Caption

Relating to an appeal for certain students placed in a disciplinary alternative education program.

Impact

One of the notable aspects of this bill is the introduction of the right to appeal a placement decision. Specifically, if the school district has received notice related to the student's conduct indicating they will not face prosecution or have been found not guilty in a related court matter, the placement can be appealed through a district court trial de novo. This inclusion enhances the protections for students who might otherwise be placed in DAEP without a fair chance to challenge that decision in light of their legal circumstances.

Summary

House Bill 4599 aims to amend the Texas Education Code regarding the appeal process for students placed in disciplinary alternative education programs (DAEP). The bill stipulates that if a student's placement in such a program is to extend beyond a specific duration—either 60 days or until the end of the next grading period—a notice must be provided to the student's parent or guardian. This provision ensures that parents are informed and given an opportunity to participate in relevant proceedings, signifying a shift towards greater parental involvement in school disciplinary actions.

Conclusion

If enacted, HB 4599 would represent a significant modification to how Texas schools handle disciplinary issues, particularly those that remove students from regular educational settings. By establishing clearer guidelines and appeal rights, the bill aims to balance the need for school discipline with protecting students' legal rights, potentially leading to more thoughtful and equitable discipline practices across school districts.

Contention

Critics of the bill may argue that while it provides more due process for students, it could also lead to complications for school districts in managing disciplinary actions efficiently. Stakeholders, particularly educators, might raise concerns about the potential for increased court cases arising from student placements in DAEPs, which could burden the legal and education systems. However, supporters may view this as a necessary step to uphold student rights and reinforce the principle that students should not be penalized without a fair process.