81R11521 CS-D
By: Olivo H.B. No. 4602
A BILL TO BE ENTITLED
AN ACT
relating to readmission of a student to a regular school setting
following notice that charges against the student were dismissed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.006(h) and (i), Education Code, are
amended 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, except that, as
determined by the superintendent or the superintendent's designee,
the student may be returned to the regular classroom pending the
review if the notice results from conduct that occurred off of
school property. The superintendent or the superintendent's
designee shall schedule a review of the student's placement in the
disciplinary alternative education program 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 if there is reason to believe that the presence of
the student in the regular classroom threatens the safety of other
students or teachers.
(i) The student or the student's parent or guardian may
appeal to the board of trustees the superintendent's decision to
retain the student in the disciplinary alternative education
program 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 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. If the board confirms the
decision of the superintendent or superintendent's designee, the
board shall inform the student and the student's parent or guardian
of the right to appeal to the commissioner under Subsection (j).
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.