Texas 2011 - 82nd Regular

Texas Senate Bill SB718 Compare Versions

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1	1	By: Van de Putte S.B. No. 718
2	2	(In the Senate - Filed February 15, 2011; February 23, 2011,
3	3	read first time and referred to Committee on Education;
4	4	April 13, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; April 13, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 718 By: Van de Putte
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to disciplinary action taken against public school
13	13	students on the basis of serious misbehavior.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (c), Section 37.007, Education Code,
16	16	is amended to read as follows:
17	17	(c) A student may be expelled if the student, while placed
18	18	in an alternative education program for disciplinary reasons,
19	19	continues to engage in serious [or persistent] misbehavior that
20	20	violates the district's student code of conduct.
21	21	SECTION 2. Subsection (c), Section 37.009, Education Code,
22	22	is amended to read as follows:
23	23	(c) Before it may place a student in a disciplinary
24	24	alternative education program for a period that extends beyond the
25	25	end of the school year, the board or the board's designee must
26	26	determine that:
27	27	(1) the student's presence in the regular classroom
28	28	program or at the student's regular campus presents a danger of
29	29	physical harm to the student or to another individual; or
30	30	(2) the student has engaged in serious [or persistent]
31	31	misbehavior that violates the district's student code of conduct.
32	32	SECTION 3. Subsections (k) and (l), Section 37.011,
33	33	Education Code, are amended to read as follows:
34	34	(k) Each school district in a county with a population
35	35	greater than 125,000 and the county juvenile board shall annually
36	36	enter into a joint memorandum of understanding that:
37	37	(1) outlines the responsibilities of the juvenile
38	38	board concerning the establishment and operation of a juvenile
39	39	justice alternative education program under this section;
40	40	(2) defines the amount and conditions on payments from
41	41	the school district to the juvenile board for students of the school
42	42	district served in the juvenile justice alternative education
43	43	program whose placement was not made on the basis of an expulsion
44	44	required under Section 37.007(a), (d), or (e);
45	45	(3) identifies those categories of conduct that the
46	46	school district has defined in its student code of conduct as
47	47	constituting serious [or persistent] misbehavior for which a
48	48	student may be placed in the juvenile justice alternative education
49	49	program;
50	50	(4) identifies and requires a timely placement and
51	51	specifies a term of placement for expelled students for whom the
52	52	school district has received a notice under Section 52.041(d),
53	53	Family Code;
54	54	(5) establishes services for the transitioning of
55	55	expelled students to the school district prior to the completion of
56	56	the student's placement in the juvenile justice alternative
57	57	education program;
58	58	(6) establishes a plan that provides transportation
59	59	services for students placed in the juvenile justice alternative
60	60	education program;
61	61	(7) establishes the circumstances and conditions
62	62	under which a juvenile may be allowed to remain in the juvenile
63	63	justice alternative education program setting once the juvenile is
64	64	no longer under juvenile court jurisdiction; and
65	65	(8) establishes a plan to address special education
66	66	services required by law.
67	67	(l) The school district shall be responsible for providing
68	68	an immediate educational program to students who engage in behavior
69	69	resulting in expulsion under Section 37.007(b), (c), and (f) but
70	70	who are not eligible for admission into the juvenile justice
71	71	alternative education program in accordance with the memorandum of
72	72	understanding required under this section. The school district may
73	73	provide the program or the school district may contract with a
74	74	county juvenile board, a private provider, or one or more other
75	75	school districts to provide the program. The memorandum of
76	76	understanding shall address the circumstances under which such
77	77	students who continue to engage in serious [or persistent]
78	78	misbehavior shall be admitted into the juvenile justice alternative
79	79	education program.
80	80	SECTION 4. This Act applies beginning with the 2011-2012
81	81	school year.
82	82	SECTION 5. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2011.
87	87	* * * * *