1 | | - | H.B. No. 3012 |
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| 1 | + | By: Talarico, et al. (Senate Sponsor - Zaffirini) H.B. No. 3012 |
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| 2 | + | (In the Senate - Received from the House May 2, 2019; |
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| 3 | + | May 3, 2019, read first time and referred to Committee on |
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| 4 | + | Education; May 17, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 11, Nays 0; May 17, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to the disposition of certain students to alternative |
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6 | 12 | | education settings and the provision of educational services to |
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7 | 13 | | students in those settings or subject to in-school or out-of-school |
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8 | 14 | | suspension. |
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9 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 16 | | SECTION 1. Section 37.005, Education Code, is amended by |
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11 | 17 | | adding Subsection (e) to read as follows: |
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12 | 18 | | (e) A school district shall provide to a student during the |
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13 | 19 | | period of the student's suspension under this section, regardless |
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14 | 20 | | of whether the student is placed in in-school or out-of-school |
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15 | 21 | | suspension, an alternative means of receiving all course work |
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16 | 22 | | provided in the classes in the foundation curriculum under Section |
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17 | 23 | | 28.002(a)(1) that the student misses as a result of the suspension. |
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18 | 24 | | The district must provide at least one option for receiving the |
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19 | 25 | | course work that does not require the use of the Internet. |
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20 | 26 | | SECTION 2. Section 37.011(b), Education Code, is amended to |
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21 | 27 | | read as follows: |
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22 | 28 | | (b) If a student admitted into the public schools of a |
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23 | 29 | | school district under Section 25.001(b) is expelled from school for |
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24 | 30 | | conduct for which expulsion is required under Section 37.007(a), |
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25 | 31 | | (d), or (e), or for conduct that contains the elements of the |
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26 | | - | offense of terroristic threat as described by Section 22.07(c-1), |
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27 | | - | (d), or (e), Penal Code, the juvenile court, the juvenile board, or |
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28 | | - | the juvenile board's designee, as appropriate, shall: |
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| 32 | + | offense of terroristic threat under Section 22.07, Penal Code, the |
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| 33 | + | juvenile court, the juvenile board, or the juvenile board's |
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| 34 | + | designee, as appropriate, shall: |
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29 | 35 | | (1) if the student is placed on probation under |
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30 | 36 | | Section 54.04, Family Code, order the student to attend the |
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31 | 37 | | juvenile justice alternative education program in the county in |
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32 | 38 | | which the student resides from the date of disposition as a |
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33 | 39 | | condition of probation, unless the child is placed in a |
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34 | 40 | | post-adjudication treatment facility; |
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35 | 41 | | (2) if the student is placed on deferred prosecution |
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36 | 42 | | under Section 53.03, Family Code, by the court, prosecutor, or |
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37 | 43 | | probation department, require the student to immediately attend the |
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38 | 44 | | juvenile justice alternative education program in the county in |
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39 | 45 | | which the student resides for a period not to exceed six months as a |
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40 | 46 | | condition of the deferred prosecution; |
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41 | 47 | | (3) in determining the conditions of the deferred |
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42 | 48 | | prosecution or court-ordered probation, consider the length of the |
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43 | 49 | | school district's expulsion order for the student; and |
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44 | 50 | | (4) provide timely educational services to the student |
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45 | 51 | | in the juvenile justice alternative education program in the county |
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46 | 52 | | in which the student resides, regardless of the student's age or |
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47 | 53 | | whether the juvenile court has jurisdiction over the student. |
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48 | 54 | | SECTION 3. This Act applies beginning with the 2019-2020 |
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49 | 55 | | school year. |
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50 | 56 | | SECTION 4. This Act takes effect immediately if it receives |
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51 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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52 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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53 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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54 | 60 | | Act takes effect September 1, 2019. |
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55 | | - | ______________________________ ______________________________ |
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56 | | - | President of the Senate Speaker of the House |
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57 | | - | I certify that H.B. No. 3012 was passed by the House on May 2, |
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58 | | - | 2019, by the following vote: Yeas 139, Nays 3, 1 present, not |
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59 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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60 | | - | No. 3012 on May 24, 2019, by the following vote: Yeas 134, Nays 7, |
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61 | | - | 2 present, not voting. |
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62 | | - | ______________________________ |
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63 | | - | Chief Clerk of the House |
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64 | | - | I certify that H.B. No. 3012 was passed by the Senate, with |
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65 | | - | amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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66 | | - | 0. |
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67 | | - | ______________________________ |
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68 | | - | Secretary of the Senate |
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69 | | - | APPROVED: __________________ |
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70 | | - | Date |
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71 | | - | __________________ |
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72 | | - | Governor |
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| 61 | + | * * * * * |
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