H.B. No. 2532
 
 
 
 
AN ACT
  relating to the expulsion and placement in alternative settings of
  public school students who engage in conduct constituting certain
  felonies and to assessment of public school students placed in
  disciplinary alternative education programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0081, Education Code, is amended to
  read as follows:
         Sec. 37.0081.  EXPULSION AND PLACEMENT OF CERTAIN STUDENTS
  IN [DISCIPLINARY] ALTERNATIVE SETTINGS [EDUCATION PROGRAMS].  (a)
  Subject to Subsection (h), but notwithstanding [Notwithstanding]
  any other provision of this subchapter, the board of trustees of a
  school district, or the board's designee, after an opportunity for
  a hearing may expel a student and elect to place the [a] student in
  an alternative setting as provided by Subsection (a-1) [in a
  disciplinary alternative education program under Section 37.008]
  if:
               (1)  the student:
                     (A)  has received deferred prosecution under
  Section 53.03, Family Code, for conduct defined as a felony offense
  in Title 5, Penal Code;  [or]
                     (B)  has been found by a court or jury to have
  engaged in delinquent conduct under Section 54.03, Family Code, for
  conduct defined as a felony offense in Title 5, Penal Code;
                     (C)  is charged with engaging in conduct defined
  as a felony offense in Title 5, Penal Code;
                     (D)  has been referred to a juvenile court for
  allegedly engaging in delinquent conduct under Section 54.03,
  Family Code, for conduct defined as a felony offense in Title 5,
  Penal Code;
                     (E)  has received probation or deferred
  adjudication for a felony offense under Title 5, Penal Code;
                     (F)  has been convicted of a felony offense under
  Title 5, Penal Code; or
                     (G)  has been arrested for or charged with a
  felony offense under Title 5, Penal Code; and
               (2)  the board or the board's designee determines that
  the student's presence in the regular classroom:
                     (A)  threatens the safety of other students or
  teachers;
                     (B)  will be detrimental to the educational
  process; or
                     (C)  is not in the best interests of the
  district's students.
         (a-1)  The student must be placed in:
               (1)  a juvenile justice alternative education program,
  if the school district is located in a county that operates a
  juvenile justice alternative education program or the school
  district contracts with the juvenile board of another county for
  the provision of a juvenile justice alternative education program;
  or
               (2)  a disciplinary alternative education program.
         (b)  Any decision of the board of trustees or the board's
  designee under this section is final and may not be appealed.
         (c)  The board of trustees or the board's designee may expel
  the student and order placement in accordance with this section
  regardless of:
               (1)  the date on which the student's conduct occurred;
               (2)  the location at which the conduct occurred;
               (3)  whether the conduct occurred while the student was
  enrolled in the district; or
               (4)  whether the student has successfully completed any
  court disposition requirements imposed in connection with the
  conduct.
         (d)  Notwithstanding Section 37.009(c) or (d) or any other
  provision of this subchapter, a student expelled and ordered placed
  in an alternative setting by the board of trustees or the board's
  designee is subject to that placement until:
               (1)  the student graduates from high school;
               (2)  the charges described by Subsection (a)(1) are
  dismissed or reduced to a misdemeanor offense; or
               (3)  the student completes the term of the placement or
  is assigned to another program [may order placement in accordance
  with this section for any period considered necessary by the board
  or the board's designee in connection with the determination made
  under Subsection (a)(2)].
         (e)  A student placed in an alternative setting [a
  disciplinary alternative education program] in accordance with
  this section is entitled to the periodic review prescribed by
  Section 37.009(e).
         (f)  Subsection (d) continues to apply to the student if the
  student transfers to another school district in the state.
         (g)  The board of trustees shall reimburse a juvenile justice
  alternative education program in which a student is placed under
  this section for the actual cost incurred each day for the student
  while the student is enrolled in the program. For purposes of this
  subsection:
               (1)  the actual cost incurred each day for the student
  is determined by the juvenile board of the county operating the
  program; and
               (2)  the juvenile board shall determine the actual cost
  each day of the program based on the board's annual audit.
         (h)  To the extent of a conflict between this section and
  Section 37.007, Section 37.007 prevails.
         SECTION 2.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0082 to read as follows:
         Sec. 37.0082.  ASSESSMENT OF ACADEMIC GROWTH OF STUDENTS IN
  DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) To assess a
  student's academic growth during placement in a disciplinary
  alternative education program, a school district shall administer
  to a student placed in a program for a period of 90 school days or
  longer an assessment instrument approved by the commissioner for
  that purpose. The instrument shall be administered:
               (1)  initially on placement of the student in the
  program; and
               (2)  subsequently on the date of the student's
  departure from the program, or as near that date as possible.
         (b)  The assessment instrument required by this section:
               (1)  must be designed to assess at least a student's
  basic skills in reading and mathematics;
               (2)  may be:
                     (A)  comparable to any assessment instrument
  generally administered to students placed in juvenile justice
  alternative education programs for a similar purpose; or
                     (B)  based on an appropriate alternative
  assessment instrument developed by the agency to measure student
  academic growth; and
               (3)  is in addition to the assessment instruments
  required to be administered under Chapter 39.
         (c)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 3.  Chapter 37, Education Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS
         Sec. 37.301.  DEFINITION. In this subchapter, "board of
  trustees" includes the board's designee.
         Sec. 37.302.  APPLICABILITY. This subchapter:
               (1)  applies to a student who is required to register as
  a sex offender under Chapter 62, Code of Criminal Procedure; and
               (2)  does not apply to a student who is no longer
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure, including a student who receives an exemption
  from registration under Subchapter H, Chapter 62, Code of Criminal
  Procedure, or a student who receives an early termination of the
  obligation to register under Subchapter I, Chapter 62, Code of
  Criminal Procedure.
         Sec. 37.303.  REMOVAL OF REGISTERED SEX OFFENDER FROM
  REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A,
  on receiving notice under Article 15.27, Code of Criminal
  Procedure, or Chapter 62, Code of Criminal Procedure, that a
  student is required to register as a sex offender under that
  chapter, a school district shall remove the student from the
  regular classroom and determine the appropriate placement of the
  student in the manner provided by this subchapter.
         Sec. 37.304.  PLACEMENT OF REGISTERED SEX OFFENDER WHO IS
  UNDER COURT SUPERVISION. (a)  A school district shall place a
  student to whom this subchapter applies and who is under any form of
  court supervision, including probation, community supervision, or
  parole, in the appropriate alternative education program as
  provided by Section 37.309 for at least one semester.
         (b)  If a student transfers to another school district during
  the student's mandatory placement in an alternative education
  program under Subsection (a), the district to which the student
  transfers may:
               (1)  require the student to complete an additional
  semester in the appropriate alternative education program without
  conducting a review of the student's placement for that semester
  under Section 37.306; or
               (2)  count any time spent by the student in an
  alternative education program in the district from which the
  student transfers toward the mandatory placement requirement under
  Subsection (a).
         Sec. 37.305.  PLACEMENT OF REGISTERED SEX OFFENDER WHO IS
  NOT UNDER COURT SUPERVISION. A school district may place a student
  to whom this subchapter applies and who is not under any form of
  court supervision in the appropriate alternative education program
  as provided by Section 37.309 for one semester or in the regular
  classroom.  The district may not place the student in the regular
  classroom if the district board of trustees determines that the
  student's presence in the regular classroom:
               (1)  threatens the safety of other students or
  teachers;
               (2)  will be detrimental to the educational process; or
               (3)  is not in the best interests of the district's
  students.
         Sec. 37.306.  REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION
  PROGRAM. (a)  At the end of the first semester of a student's
  placement in an alternative education program under Section 37.304
  or 37.305, the school district board of trustees shall convene a
  committee to review the student's placement in the alternative
  education program. The committee must be composed of:
               (1)  a classroom teacher from the campus to which the
  student would be assigned were the student not placed in an
  alternative education program;
               (2)  the student's parole or probation officer or, in
  the case of a student who does not have a parole or probation
  officer, a representative of the local juvenile probation
  department;
               (3)  an instructor from the alternative education
  program to which the student is assigned;
               (4)  a school district designee selected by the board
  of trustees; and
               (5)  a counselor employed by the school district.
         (b)  The committee by majority vote shall determine and
  recommend to the school district board of trustees whether the
  student should be returned to the regular classroom or remain in the
  alternative education program.
         (c)  If the committee recommends that the student be returned
  to the regular classroom, the board of trustees shall return the
  student to the regular classroom unless the board determines that
  the student's presence in the regular classroom:
               (1)  threatens the safety of other students or
  teachers;
               (2)  will be detrimental to the educational process; or
               (3)  is not in the best interests of the district's
  students.
         (d)  If the committee recommends that the student remain in
  the alternative education program, the board of trustees shall
  continue the student's placement in the alternative education
  program unless the board determines that the student's presence in
  the regular classroom:
               (1)  does not threaten the safety of other students or
  teachers;
               (2)  will not be detrimental to the educational
  process; and
               (3)  is not contrary to the best interests of the
  district's students.
         (e)  If, after receiving a recommendation under Subsection
  (b), the school district board of trustees determines that the
  student should remain in an alternative education program, the
  board shall before the beginning of each school year convene the
  committee described by Subsection (a) to review, in the manner
  provided by Subsections (b), (c), and (d), the student's placement
  in an alternative education program.
         Sec. 37.307.  PLACEMENT AND REVIEW OF STUDENT WITH
  DISABILITY. (a)  The placement under this subchapter of a student
  with a disability who receives special education services must be
  made in compliance with the Individuals with Disabilities Education
  Act (20 U.S.C. Section 1400 et seq.).
         (b)  The review under Section 37.306 of the placement of a
  student with a disability who receives special education services
  may be made only by a duly constituted admission, review, and
  dismissal committee.  The admission, review, and dismissal
  committee may request that the board of trustees convene a
  committee described by Section 37.306(a) to assist the admission,
  review, and dismissal committee in conducting the review.
         Sec. 37.308.  TRANSFER OF REGISTERED SEX OFFENDER. Except
  as provided by Section 37.304(b), a school district shall determine
  whether to place a student to whom this subchapter applies and who
  transfers to the district in the appropriate alternative education
  program as provided by Section 37.309 or in a regular classroom.
  The school district shall follow the procedures specified under
  Section 37.306 in making the determination.
         Sec. 37.309.  PLACEMENT IN DISCIPLINARY ALTERNATIVE
  EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION
  PROGRAM. (a)  Except as provided by Subsection (b), a school
  district shall place a student who is required by the board of
  trustees to attend an alternative education program under this
  subchapter in a disciplinary alternative education program.
         (b)  A school district shall place a student who is required
  by the board of trustees to attend an alternative education program
  under this subchapter in a juvenile justice alternative education
  program if:
               (1)  the memorandum of understanding entered into
  between the school district and juvenile board under Section
  37.011(k) provides for the placement of students to whom this
  subchapter applies in the juvenile justice alternative education
  program; or
               (2)  a court orders the placement of the student in a
  juvenile justice alternative education program.
         Sec. 37.310.  FUNDING FOR REGISTERED SEX OFFENDER PLACED IN
  JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice
  alternative education program is entitled to funding for a student
  who is placed in the program under this subchapter in the same
  manner as a juvenile justice alternative education program is
  entitled to funding under Section 37.012 for a student who is
  expelled and placed in a juvenile justice alternative education
  program for conduct for which expulsion is permitted but not
  required under Section 37.007.
         Sec. 37.311.  CONFERENCE. (a)  A student or the student's
  parent or guardian may appeal a decision by a school district board
  of trustees to place the student in an alternative education
  program under this subchapter by requesting a conference among the
  board of trustees, the student's parent or guardian, and the
  student. The conference is limited to the factual question of
  whether the student is required to register as a sex offender under
  Chapter 62, Code of Criminal Procedure.
         (b)  If the school district board of trustees determines at
  the conclusion of the conference that the student is required to
  register as a sex offender under Chapter 62, Code of Criminal
  Procedure, the student is subject to placement in an alternative
  education program in the manner provided by this subchapter.
         (c)  A decision by the board of trustees under this section
  is final and may not be appealed.
         Sec. 37.312.  LIABILITY. This subchapter does not:
               (1)  waive any liability or immunity of a governmental
  entity or its officers or employees; or
               (2)  create any liability for or a cause of action
  against a governmental entity or its officers or employees.
         Sec. 37.313.  CONFLICTS OF LAW. To the extent of any
  conflict between a provision of this subchapter and a provision of
  Subchapter A, this subchapter prevails.
         SECTION 4.  Article 15.27, Code of Criminal Procedure, is
  amended by amending Subsections (b) and (c) and adding Subsections
  (a-1) and (j) to read as follows:
         (a-1)  The superintendent or a person designated by the
  superintendent in the school district may send to a school district
  employee having direct supervisory responsibility over the student
  the information contained in the confidential notice under
  Subsection (a) if the superintendent or the person designated by
  the superintendent determines that the employee needs the
  information for educational purposes or for the protection of the
  person informed or others.
         (b)  On conviction, deferred prosecution, or deferred
  adjudication or an adjudication of delinquent conduct of an
  individual enrolled as a student in a public primary or secondary
  school, for an offense or for any conduct listed in Subsection (h)
  of this article, the office of the prosecuting attorney acting in
  the case shall orally notify the superintendent or a person
  designated by the superintendent in the school district in which
  the student is enrolled of the conviction or adjudication and
  whether the student is required to register as a sex offender under
  Chapter 62. Oral notification must be given within 24 hours of the
  time of the order or on the next school day. The superintendent
  shall, within 24 hours of receiving notification from the office of
  the prosecuting attorney, [promptly] notify all instructional and
  support personnel who have regular contact with the student.
  Within seven days after the date the oral notice is given, the
  office of the prosecuting attorney shall mail written notice, which
  must contain a statement of the offense of which the individual is
  convicted or on which the adjudication, deferred adjudication, or
  deferred prosecution is grounded and a statement of whether the
  student is required to register as a sex offender under Chapter 62.
         (c)  A parole, [or] probation, or community supervision
  office, including a community supervision and corrections
  department, a juvenile probation department, the paroles division
  of the Texas Department of Criminal Justice, and the Texas Youth
  Commission, having jurisdiction over a student described by
  Subsection (a), (b), or (e) who transfers from a school or is
  subsequently removed from a school and later returned to a school or
  school district other than the one the student was enrolled in when
  the arrest, referral to a juvenile court, conviction, or
  adjudication occurred shall within 24 hours of learning of the
  student's transfer or reenrollment notify the new school officials
  of the arrest or referral in a manner similar to that provided for
  by Subsection (a) or (e)(1), or of the conviction or delinquent
  adjudication in a manner similar to that provided for by Subsection
  (b) or (e)(2). The new school officials shall, within 24 hours of
  receiving notification under this subsection, [promptly] notify
  all instructional and support personnel who have regular contact
  with the student.
         (j)  The notification provisions of this section concerning
  a person who is required to register as a sex offender under Chapter
  62 do not lessen the requirement of a person to provide any
  additional notification prescribed by that chapter.
         SECTION 5.  Subsection (d), Article 15.27, Code of Criminal
  Procedure, is repealed.
         SECTION 6.  Subchapter I, Chapter 37, Education Code, as
  added by this Act, applies only to an offense committed on or after
  September 1, 2007. An offense committed before September 1, 2007,
  is governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before September
  1, 2007, if any element of the offense occurred before that date.
         SECTION 7.  (a) The Texas Education Agency shall explore
  alternative methods of evaluating the effectiveness of
  disciplinary alternative education programs. The alternative
  methods to be explored must include a method that includes, in
  addition to the indicator required under current law that is based
  on student performance on assessment instruments required under
  Sections 39.023(a) and (c), Education Code, indicators relating to
  student academic growth, course completion, and behavior
  improvement.
         (b)  Not later than November 1, 2008, the Texas Education
  Agency shall submit a report of its conclusions and recommendations
  resulting from the action required by Subsection (a) of this
  section to the presiding officers of the standing committees of the
  senate and house of representatives with primary jurisdiction over
  the public school system or the commitment and rehabilitation of
  youths.
         SECTION 8.  (a) Section 37.0081, Education Code, as amended
  by this Act, applies beginning with the 2007-2008 school year.
         (b)  Section 37.0081, Education Code, as amended by this Act,
  applies to any student who attends school on or after the effective
  date of this Act and who engaged in conduct described by that
  section, regardless of the date on which the conduct occurred.
         SECTION 9.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2532 was passed by the House on May
  11, 2007, by the following vote:  Yeas 141, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2532 on May 25, 2007, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2532 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor