Texas 2009 - 81st Regular

Texas House Bill HB937 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R706 KKA-D
2	2	By: Dutton H.B. No. 937
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school disciplinary procedures and the
8	8	evaluation of disciplinary alternative education programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.002(c), Education Code, is amended to
11	11	read as follows:
12	12	(c) If a teacher removes a student from class under
13	13	Subsection (b), the principal may place the student into another
14	14	appropriate classroom, into in-school suspension as provided by
15	15	Section 37.005(c), or into a disciplinary alternative education
16	16	program as provided by Section 37.008. The principal may not return
17	17	the student to that teacher's class without the teacher's consent
18	18	unless the committee established under Section 37.003 determines
19	19	that such placement is the best or only alternative available. The
20	20	terms of the removal may prohibit the student from attending or
21	21	participating in school-sponsored or school-related activity.
22	22	SECTION 2. Section 37.005, Education Code, is amended by
23	23	amending Subsection (b) and adding Subsection (c) to read as
24	24	follows:
25	25	(b) An out-of-school [A] suspension [under this section]
26	26	may not exceed three school days.
27	27	(c) A student and the student's parent or guardian are
28	28	entitled to a conference in the same manner as provided by Section
29	29	37.009(a) for removal of a student from class if the student
30	30	receives:
31	31	(1) an in-school suspension that is to exceed three
32	32	school days;
33	33	(2) an in-school suspension of any length during the
34	34	same school year in which the student previously received an
35	35	in-school suspension of three or more days; or
36	36	(3) an out-of-school suspension of any length.
37	37	SECTION 3. Section 37.008(m), Education Code, is amended to
38	38	read as follows:
39	39	(m) The commissioner shall adopt rules necessary to
40	40	evaluate annually the performance of each district's disciplinary
41	41	alternative education program established under this subchapter.
42	42	The evaluation required by this section shall be based on
43	43	indicators defined by the commissioner, but must include student
44	44	academic performance as determined by the academic excellence
45	45	indicators [on assessment instruments required] under Section
46	46	39.051. [Sections 39.023(a) and (c). Academically, the mission of
47	47	disciplinary alternative education programs shall be to enable
48	48	students to perform at grade level.]
49	49	SECTION 4. Sections 37.009(a) and (f), Education Code, are
50	50	amended to read as follows:
51	51	(a) Not later than the third class day after the day on which
52	52	a student is removed from class by the teacher under Section
53	53	37.002(b) or (d) or by the school principal or other appropriate
54	54	administrator under Section 37.001(a)(2) or 37.006, the principal
55	55	or other appropriate administrator shall schedule a conference
56	56	among the principal or other appropriate administrator, a parent or
57	57	guardian of the student, the teacher removing the student from
58	58	class, if any, and the student. At the conference, the student is
59	59	entitled to written [or oral] notice of the reasons for the removal
60	60	that explains [, an explanation of] the basis for the removal and
61	61	states whether the student is a threat to the safety of other
62	62	students or to district employees. The student is also entitled to
63	63	[, and] an opportunity to respond to the reasons for the removal.
64	64	The student may not be returned to the regular classroom pending the
65	65	conference. Following the conference, and whether or not each
66	66	requested person is in attendance after valid attempts to require
67	67	the person's attendance, the principal shall order the placement of
68	68	the student for a period consistent with the student code of
69	69	conduct. If school district policy allows a student to appeal to
70	70	the board of trustees or the board's designee a decision of the
71	71	principal or other appropriate administrator, other than an
72	72	expulsion under Section 37.007, the decision of the board or the
73	73	board's designee is final and may not be appealed. If the period of
74	74	the placement is inconsistent with the guidelines included in the
75	75	student code of conduct under Section 37.001(a)(5), the order must
76	76	give notice of the inconsistency. The period of the placement may
77	77	not exceed one year unless, after a review, the district determines
78	78	that:
79	79	(1) the student is a threat to the safety of other
80	80	students or to district employees; or
81	81	(2) extended placement is in the best interest of the
82	82	student.
83	83	(f) Before a student may be expelled under Section 37.007,
84	84	the board or the board's designee must provide the student a hearing
85	85	at which the student is afforded appropriate due process as
86	86	required by the federal constitution and which the student's parent
87	87	or guardian is invited, in writing, to attend. At the hearing, the
88	88	student is entitled to be represented by the student's parent or
89	89	guardian or another adult who can provide guidance to the student
90	90	and who is not an employee of the school district. The student is
91	91	also entitled to written notice of the reasons for the expulsion
92	92	that explains the basis for the expulsion and states whether the
93	93	student is a threat to the safety of other students or to district
94	94	employees. If the school district makes a good-faith effort to
95	95	inform the student and the student's parent or guardian of the time
96	96	and place of the hearing, the district may hold the hearing
97	97	regardless of whether the student, the student's parent or
98	98	guardian, or another adult representing the student attends. If
99	99	the decision to expel a student is made by the board's designee, the
100	100	decision may be appealed to the board. The decision of the board
101	101	may be appealed by trial de novo to a district court of the county in
102	102	which the school district's central administrative office is
103	103	located.
104	104	SECTION 5. This Act applies beginning with the 2009-2010
105	105	school year.
106	106	SECTION 6. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.