Texas 2009 - 81st Regular

Texas House Bill HB466 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R24556 PAM-D
2	2	By: Paxton H.B. No. 466
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures relating to placement of a public school
8	8	student in a disciplinary alternative education program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.0081, Education Code, is amended by
11	11	adding Subsection (a-2) and amending Subsection (b) to read as
12	12	follows:
13	13	(a-2) At the hearing under Subsection (a), the student is
14	14	entitled to due process and representation as provided by Section
15	15	37.009(a).
16	16	(b) Any decision of the board of trustees or the board's
17	17	designee under this section is final and may not be appealed, except
18	18	as provided by Section 37.009(a).
19	19	SECTION 2. Section 37.009(a), Education Code, is amended to
20	20	read as follows:
21	21	(a) Not later than the third class day after the day on which
22	22	a student is removed from class by the teacher under Section
23	23	37.002(b) or (d) or by the school principal or other appropriate
24	24	administrator under Section 37.001(a)(2) or 37.006, the principal
25	25	or other appropriate administrator shall schedule a conference
26	26	among the principal or other appropriate administrator, a parent or
27	27	guardian of the student, the teacher removing the student from
28	28	class, if any, and the student. At the conference, the student is
29	29	entitled to written or oral notice of the reasons for the removal,
30	30	an explanation of the basis for the removal, and an opportunity to
31	31	respond to the reasons for the removal. The student may not be
32	32	returned to the regular classroom pending the conference.
33	33	Following the conference, and whether or not each requested person
34	34	is in attendance after good faith [valid] attempts to require the
35	35	person's attendance, the principal shall order the placement of the
36	36	student for a period consistent with the student code of conduct.
37	37	Not later than the first school day after the conference, the
38	38	principal or the principal's designee shall deliver to the student
39	39	and the student's parent or guardian a copy of the order placing the
40	40	student in a disciplinary alternative education program and a
41	41	notice of the student's right to appeal. A [If school district
42	42	policy allows a] student may [to] appeal the decision of the
43	43	principal or the principal's designee placing the student in a
44	44	disciplinary alternative education program to the board of trustees
45	45	if the placement is for a period longer than 20 school days. The
46	46	appeal hearing must be held at the next regularly scheduled board of
47	47	trustees meeting or not later than the 30th day after the date of
48	48	the conference, whichever is earlier. At the hearing, the student
49	49	is entitled to due process and to be represented by the student's
50	50	parent or guardian or another adult who can provide counsel to the
51	51	student and who is not an employee of the school district. The
52	52	student, or the person representing the student, may present
53	53	evidence and witnesses at the hearing. The [or the board's designee
54	54	a decision of the principal or other appropriate administrator,
55	55	other than an expulsion under Section 37.007, the] decision of the
56	56	board or the board's designee under this subsection is final and may
57	57	not be appealed. If the period of the placement is inconsistent
58	58	with the guidelines included in the student code of conduct under
59	59	Section 37.001(a)(5), the order must give notice of the
60	60	inconsistency. The period of the placement may not exceed one year
61	61	unless, after a review, the district determines that:
62	62	(1) the student is a threat to the safety of other
63	63	students or to district employees; or
64	64	(2) extended placement is in the best interest of the
65	65	student.
66	66	SECTION 3. Section 37.010(a), Education Code, is amended to
67	67	read as follows:
68	68	(a) Not later than the second business day after the date a
69	69	hearing before the board of trustees or the board's designee is held
70	70	under Section 37.009, the board [of trustees of a school district]
71	71	or the board's designee shall deliver a copy of the order placing a
72	72	student in a disciplinary alternative education program under
73	73	Section 37.006 or expelling a student under Section 37.007 and any
74	74	information required under Section 52.04, Family Code, to the
75	75	authorized officer of the juvenile court in the county in which the
76	76	student resides. In a county that operates a juvenile justice
77	77	alternative education program under Section 37.011, an expelled
78	78	student shall to the extent provided by law or by the memorandum of
79	79	understanding immediately attend the [educational] program from
80	80	the date of expulsion, except that in a county with a population
81	81	greater than 125,000, every expelled student who is not detained or
82	82	receiving treatment under an order of the juvenile court must be
83	83	enrolled in an educational program.
84	84	SECTION 4. This Act applies beginning with the 2009-2010
85	85	school year.
86	86	SECTION 5. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2009.