| 1 | 1 | | 81R11521 CS-D |
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| 2 | 2 | | By: Olivo H.B. No. 4602 |
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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 readmission of a student to a regular school setting |
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| 8 | 8 | | following notice that charges against the student were dismissed. |
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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. Sections 37.006(h) and (i), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (h) On receipt of notice under Article 15.27(g), Code of |
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| 13 | 13 | | Criminal Procedure, the superintendent or the superintendent's |
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| 14 | 14 | | designee shall review the student's placement in the disciplinary |
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| 15 | 15 | | alternative education program. The student may not be returned to |
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| 16 | 16 | | the regular classroom pending the review, except that, as |
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| 17 | 17 | | determined by the superintendent or the superintendent's designee, |
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| 18 | 18 | | the student may be returned to the regular classroom pending the |
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| 19 | 19 | | review if the notice results from conduct that occurred off of |
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| 20 | 20 | | school property. The superintendent or the superintendent's |
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| 21 | 21 | | designee shall schedule a review of the student's placement in the |
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| 22 | 22 | | disciplinary alternative education program with the student's |
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| 23 | 23 | | parent or guardian not later than the third class day after the |
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| 24 | 24 | | superintendent or superintendent's designee receives notice from |
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| 25 | 25 | | the office or official designated by the court. After reviewing the |
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| 26 | 26 | | notice and receiving information from the student's parent or |
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| 27 | 27 | | guardian, the superintendent or the superintendent's designee may |
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| 28 | 28 | | continue the student's placement in the disciplinary alternative |
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| 29 | 29 | | education program if there is reason to believe that the presence of |
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| 30 | 30 | | the student in the regular classroom threatens the safety of other |
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| 31 | 31 | | students or teachers. |
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| 32 | 32 | | (i) The student or the student's parent or guardian may |
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| 33 | 33 | | appeal to the board of trustees the superintendent's decision to |
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| 34 | 34 | | retain the student in the disciplinary alternative education |
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| 35 | 35 | | program under Subsection (h) [to the board of trustees]. The |
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| 36 | 36 | | student may not be returned to the regular classroom pending the |
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| 37 | 37 | | appeal. The board shall, at the next scheduled meeting, review the |
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| 38 | 38 | | notice provided under Article 15.27(g), Code of Criminal Procedure, |
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| 39 | 39 | | and receive information from the student, the student's parent or |
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| 40 | 40 | | guardian, and the superintendent or superintendent's designee and |
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| 41 | 41 | | confirm or reverse the decision under Subsection (h). The board |
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| 42 | 42 | | shall make a record of the proceedings. If the board confirms the |
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| 43 | 43 | | decision of the superintendent or superintendent's designee, the |
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| 44 | 44 | | board shall inform the student and the student's parent or guardian |
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| 45 | 45 | | of the right to appeal to the commissioner under Subsection (j). |
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| 46 | 46 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 47 | 47 | | school year. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2009. |
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