81R706 KKA-D
By: Dutton H.B. No. 937
A BILL TO BE ENTITLED
AN ACT
relating to public school disciplinary procedures and the
evaluation of disciplinary alternative education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.002(c), Education Code, is amended to
read as follows:
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension as provided by
Section 37.005(c), or into a disciplinary alternative education
program as provided by Section 37.008. The principal may not return
the student to that teacher's class without the teacher's consent
unless the committee established under Section 37.003 determines
that such placement is the best or only alternative available. The
terms of the removal may prohibit the student from attending or
participating in school-sponsored or school-related activity.
SECTION 2. Section 37.005, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An out-of-school [A] suspension [under this section]
may not exceed three school days.
(c) A student and the student's parent or guardian are
entitled to a conference in the same manner as provided by Section
37.009(a) for removal of a student from class if the student
receives:
(1) an in-school suspension that is to exceed three
school days;
(2) an in-school suspension of any length during the
same school year in which the student previously received an
in-school suspension of three or more days; or
(3) an out-of-school suspension of any length.
SECTION 3. Section 37.008(m), Education Code, is amended to
read as follows:
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner, but must include student
academic performance as determined by the academic excellence
indicators [on assessment instruments required] under Section
39.051. [Sections 39.023(a) and (c). Academically, the mission of
disciplinary alternative education programs shall be to enable
students to perform at grade level.]
SECTION 4. Sections 37.009(a) and (f), Education Code, are
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
that explains [, an explanation of] the basis for the removal and
states whether the student is a threat to the safety of other
students or to district employees. The student is also entitled to
[, 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 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. If school district policy allows a student to appeal to
the board of trustees 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 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.
(f) Before a student may be expelled under Section 37.007,
the board or the board's designee must provide the student a hearing
at which the student is afforded appropriate due process as
required by the federal constitution and which the student's parent
or guardian is invited, in writing, to attend. At the hearing, the
student is entitled to be represented by the student's parent or
guardian or another adult who can provide guidance to the student
and who is not an employee of the school district. The student is
also entitled to written notice of the reasons for the expulsion
that explains the basis for the expulsion and states whether the
student is a threat to the safety of other students or to district
employees. If the school district makes a good-faith effort to
inform the student and the student's parent or guardian of the time
and place of the hearing, the district may hold the hearing
regardless of whether the student, the student's parent or
guardian, or another adult representing the student attends. If
the decision to expel a student is made by the board's designee, the
decision may be appealed to the board. The decision of the board
may be appealed by trial de novo to a district court of the county in
which the school district's central administrative office is
located.
SECTION 5. This Act applies beginning with the 2009-2010
school year.
SECTION 6. 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.