H.B. No. 3012
AN ACT
relating to the disposition of certain students to alternative
education settings and the provision of educational services to
students in those settings or subject to in-school or out-of-school
suspension.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.005, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A school district shall provide to a student during the
period of the student's suspension under this section, regardless
of whether the student is placed in in-school or out-of-school
suspension, an alternative means of receiving all course work
provided in the classes in the foundation curriculum under Section
28.002(a)(1) that the student misses as a result of the suspension.
The district must provide at least one option for receiving the
course work that does not require the use of the Internet.
SECTION 2. Section 37.011(b), Education Code, is amended to
read as follows:
(b) If a student admitted into the public schools of a
school district under Section 25.001(b) is expelled from school for
conduct for which expulsion is required under Section 37.007(a),
(d), or (e), or for conduct that contains the elements of the
offense of terroristic threat as described by Section 22.07(c-1),
(d), or (e), Penal Code, the juvenile court, the juvenile board, or
the juvenile board's designee, as appropriate, shall:
(1) if the student is placed on probation under
Section 54.04, Family Code, order the student to attend the
juvenile justice alternative education program in the county in
which the student resides from the date of disposition as a
condition of probation, unless the child is placed in a
post-adjudication treatment facility;
(2) if the student is placed on deferred prosecution
under Section 53.03, Family Code, by the court, prosecutor, or
probation department, require the student to immediately attend the
juvenile justice alternative education program in the county in
which the student resides for a period not to exceed six months as a
condition of the deferred prosecution;
(3) in determining the conditions of the deferred
prosecution or court-ordered probation, consider the length of the
school district's expulsion order for the student; and
(4) provide timely educational services to the student
in the juvenile justice alternative education program in the county
in which the student resides, regardless of the student's age or
whether the juvenile court has jurisdiction over the student.
SECTION 3. This Act applies beginning with the 2019-2020
school year.
SECTION 4. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3012 was passed by the House on May 2,
2019, by the following vote: Yeas 139, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3012 on May 24, 2019, by the following vote: Yeas 134, Nays 7,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3012 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor