Amend CSSB 133 as follows:
      1.  Add the following at the end of SECTION 1 of the bill, in
Section 37.006, Education Code:
      (g)  Upon receipt of notice under Subsection (g), Article
15.27, Code of Criminal Procedure, the superintendent or the
superintendent's designee shall review the student's placement in
the alternative education program.  The student may not be returned
to the regular classroom pending the review.  The superintendent or
the superintendent's designee shall schedule a review of the
student's placement with the student's parent or guardian not later
than the third class day after the superintendent or
superintendent's designee receives notice from the office or
official designated by the court.  After reviewing the notice and
receiving information from the student's parent or guardian, the
superintendent or the superintendent's designee may continue the
student's placement in the alternative education program if there
is reason to believe that the presence of the student in the
regular classroom threatens the safety of other students or
teachers.
      (h)  The student or the student's parent or guardian may
appeal the superintendent's decision under Subsection (g) of this
section to the board of trustees.  The student may not be returned
to the regular classroom pending the appeal.  The board shall, at
the next scheduled meeting, review the notice provided under
Subsection (g), Article 15.27, Code of Criminal Procedure, and
receive information from the student, the student's parent or
guardian, and the superintendent or superintendent's designee, and
confirm or reverse the decision under Subsection (g) of this
section.  The board shall make a record of the proceedings.  If the
board confirms the decision of the superintendent or
superintendent's designee, the board shall inform the student and
the student's parent or guardian of the right to appeal to the
commissioner under Subsection (i) of this section.
      (i)  The decision of the board of trustees under Subsection
(h) of this section may be appealed to the commissioner as provided
by Sections 7.057 (b), (c), (d) and (f) of this title.  The student
may not be returned to the regular classroom pending the appeal.
      2.  Strike SECTION 3 of the bill and substitute the
following:
SECTION 3.  Subsection (g), Article 15.27, Code of Criminal
Procedure, is amended to read as follows:
      (g)  <On receipt of notice under this article, a school
official may take the precautions necessary to prevent further
violence in the school, on school property, or at school sponsored
or school related activities on or off school property, but may not
penalize a student solely because a notification is received about
the student.>  The office of the prosecuting attorney or the office
or official designated by the juvenile court shall, within two
working days, notify the school district that removed a student to
an alternative education program under Section 37.006, Education
Code, if:
      (1)  prosecution of the student's case was refused for lack
of prosecutorial merit or insufficient evidence and no formal
proceedings, deferred adjudication, or deferred prosecution will be
initiated; or
      (2)  the court or jury found the student not guilty or made a
finding the child did not engage in delinquent conduct or conduct
indicating a need for supervision and the case was dismissed with
prejudice.