81R24556 PAM-D
By: Paxton H.B. No. 466
Substitute the following for H.B. No. 466:
By: Shelton C.S.H.B. No. 466
A BILL TO BE ENTITLED
AN ACT
relating to procedures relating to placement of a public school
student in a disciplinary alternative education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0081, Education Code, is amended by
adding Subsection (a-2) and amending Subsection (b) to read as
follows:
(a-2) At the hearing under Subsection (a), the student is
entitled to due process and representation as provided by Section
37.009(a).
(b) Any decision of the board of trustees or the board's
designee under this section is final and may not be appealed, except
as provided by Section 37.009(a).
SECTION 2. Section 37.009(a), Education Code, is amended to
read as follows:
(a) Not later than the third class day after the day on which
a student is removed from class by the teacher under Section
37.002(b) or (d) or by the school principal or other appropriate
administrator under Section 37.001(a)(2) or 37.006, the principal
or other appropriate administrator shall schedule a conference
among the principal or other appropriate administrator, a parent or
guardian of the student, the teacher removing the student from
class, if any, and the student. At the conference, the student is
entitled to written or oral notice of the reasons for the removal,
an explanation of the basis for the removal, and an opportunity to
respond to the reasons for the removal. The student may not be
returned to the regular classroom pending the conference.
Following the conference, and whether or not each requested person
is in attendance after good faith [valid] attempts to require the
person's attendance, the principal shall order the placement of the
student for a period consistent with the student code of conduct.
Not later than the first school day after the conference, the
principal or the principal's designee shall deliver to the student
and the student's parent or guardian a copy of the order placing the
student in a disciplinary alternative education program and a
notice of the student's right to appeal. A [If school district
policy allows a] student may [to] appeal the decision of the
principal or the principal's designee placing the student in a
disciplinary alternative education program to the board of trustees
if the placement is for a period longer than 20 school days. The
appeal hearing must be held at the next regularly scheduled board of
trustees meeting or not later than the 30th day after the date of
the conference, whichever is earlier. At the hearing, the student
is entitled to due process and to be represented by the student's
parent or guardian or another adult who can provide counsel to the
student and who is not an employee of the school district. The
student, or the person representing the student, may present
evidence and witnesses at the hearing. The [or the board's designee
a decision of the principal or other appropriate administrator,
other than an expulsion under Section 37.007, the] decision of the
board or the board's designee under this subsection is final and may
not be appealed. If the period of the placement is inconsistent
with the guidelines included in the student code of conduct under
Section 37.001(a)(5), the order must give notice of the
inconsistency. The period of the placement may not exceed one year
unless, after a review, the district determines that:
(1) the student is a threat to the safety of other
students or to district employees; or
(2) extended placement is in the best interest of the
student.
SECTION 3. Section 37.010(a), Education Code, is amended to
read as follows:
(a) Not later than the second business day after the date a
hearing before the board of trustees or the board's designee is held
under Section 37.009, the board [of trustees of a school district]
or the board's designee shall deliver a copy of the order placing a
student in a disciplinary alternative education program under
Section 37.006 or expelling a student under Section 37.007 and any
information required under Section 52.04, Family Code, to the
authorized officer of the juvenile court in the county in which the
student resides. In a county that operates a juvenile justice
alternative education program under Section 37.011, an expelled
student shall to the extent provided by law or by the memorandum of
understanding immediately attend the [educational] program from
the date of expulsion, except that in a county with a population
greater than 125,000, every expelled student who is not detained or
receiving treatment under an order of the juvenile court must be
enrolled in an educational program.
SECTION 4. This Act applies beginning with the 2009-2010
school year.
SECTION 5. 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.