Texas 2019 - 86th Regular

Texas House Bill HB3012 Compare Versions

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1-H.B. No. 3012
1+By: Talarico, et al. (Senate Sponsor - Zaffirini) H.B. No. 3012
2+ (In the Senate - Received from the House May 2, 2019;
3+ May 3, 2019, read first time and referred to Committee on
4+ Education; May 17, 2019, reported favorably by the following vote:
5+ Yeas 11, Nays 0; May 17, 2019, sent to printer.)
6+Click here to see the committee vote
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9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the disposition of certain students to alternative
612 education settings and the provision of educational services to
713 students in those settings or subject to in-school or out-of-school
814 suspension.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Section 37.005, Education Code, is amended by
1117 adding Subsection (e) to read as follows:
1218 (e) A school district shall provide to a student during the
1319 period of the student's suspension under this section, regardless
1420 of whether the student is placed in in-school or out-of-school
1521 suspension, an alternative means of receiving all course work
1622 provided in the classes in the foundation curriculum under Section
1723 28.002(a)(1) that the student misses as a result of the suspension.
1824 The district must provide at least one option for receiving the
1925 course work that does not require the use of the Internet.
2026 SECTION 2. Section 37.011(b), Education Code, is amended to
2127 read as follows:
2228 (b) If a student admitted into the public schools of a
2329 school district under Section 25.001(b) is expelled from school for
2430 conduct for which expulsion is required under Section 37.007(a),
2531 (d), or (e), or for conduct that contains the elements of the
26- offense of terroristic threat as described by Section 22.07(c-1),
27- (d), or (e), Penal Code, the juvenile court, the juvenile board, or
28- the juvenile board's designee, as appropriate, shall:
32+ offense of terroristic threat under Section 22.07, Penal Code, the
33+ juvenile court, the juvenile board, or the juvenile board's
34+ designee, as appropriate, shall:
2935 (1) if the student is placed on probation under
3036 Section 54.04, Family Code, order the student to attend the
3137 juvenile justice alternative education program in the county in
3238 which the student resides from the date of disposition as a
3339 condition of probation, unless the child is placed in a
3440 post-adjudication treatment facility;
3541 (2) if the student is placed on deferred prosecution
3642 under Section 53.03, Family Code, by the court, prosecutor, or
3743 probation department, require the student to immediately attend the
3844 juvenile justice alternative education program in the county in
3945 which the student resides for a period not to exceed six months as a
4046 condition of the deferred prosecution;
4147 (3) in determining the conditions of the deferred
4248 prosecution or court-ordered probation, consider the length of the
4349 school district's expulsion order for the student; and
4450 (4) provide timely educational services to the student
4551 in the juvenile justice alternative education program in the county
4652 in which the student resides, regardless of the student's age or
4753 whether the juvenile court has jurisdiction over the student.
4854 SECTION 3. This Act applies beginning with the 2019-2020
4955 school year.
5056 SECTION 4. This Act takes effect immediately if it receives
5157 a vote of two-thirds of all the members elected to each house, as
5258 provided by Section 39, Article III, Texas Constitution. If this
5359 Act does not receive the vote necessary for immediate effect, this
5460 Act takes effect September 1, 2019.
55- ______________________________ ______________________________
56- President of the Senate Speaker of the House
57- I certify that H.B. No. 3012 was passed by the House on May 2,
58- 2019, by the following vote: Yeas 139, Nays 3, 1 present, not
59- voting; and that the House concurred in Senate amendments to H.B.
60- No. 3012 on May 24, 2019, by the following vote: Yeas 134, Nays 7,
61- 2 present, not voting.
62- ______________________________
63- Chief Clerk of the House
64- I certify that H.B. No. 3012 was passed by the Senate, with
65- amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
66- 0.
67- ______________________________
68- Secretary of the Senate
69- APPROVED: __________________
70- Date
71- __________________
72- Governor
61+ * * * * *