H.B. No. 968
 
 
 
 
AN ACT
  relating to expulsion from school or placement in a disciplinary
  alternative education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 37.006(c) and (d), Education Code, are
  amended to read as follows:
         (c)  In addition to Subsections (a) and (b), a student shall
  be removed from class and placed in a disciplinary alternative
  education program under Section 37.008 based on conduct occurring
  off campus and while the student is not in attendance at a
  school-sponsored or school-related activity if:
               (1)  the student receives deferred prosecution under
  Section 53.03, Family Code, for conduct defined as:
                     (A)  a felony offense in Title 5, Penal Code; or
                     (B)  the felony offense of aggravated robbery
  under Section 29.03, Penal Code;
               (2)  a court or jury finds that the student has engaged
  in delinquent conduct under Section 54.03, Family Code, for conduct
  defined as:
                     (A)  a felony offense in Title 5, Penal Code; or
                     (B)  the felony offense of aggravated robbery
  under Section 29.03, Penal Code; or
               (3)  the superintendent or the superintendent's
  designee has a reasonable belief that the student has engaged in a
  conduct defined as:
                     (A)  a felony offense in Title 5, Penal Code; or
                     (B)  the felony offense of aggravated robbery
  under Section 29.03, Penal Code.
         (d)  In addition to Subsections (a), (b), and (c), a student
  may be removed from class and placed in a disciplinary alternative
  education program under Section 37.008 based on conduct occurring
  off campus and while the student is not in attendance at a
  school-sponsored or school-related activity if:
               (1)  the superintendent or the superintendent's
  designee has a reasonable belief that the student has engaged in
  conduct defined as a felony offense other than aggravated robbery
  under Section 29.03, Penal Code, or those offenses defined in Title
  5, Penal Code; and
               (2)  the continued presence of the student in the
  regular classroom threatens the safety of other students or
  teachers or will be detrimental to the educational process.
         SECTION 2.  Section 37.007(c), Education Code, is amended to
  read as follows:
         (c)  A student may be expelled if the student, while placed
  in a disciplinary [an] alternative education program, engages [for
  disciplinary reasons, continues to engage] in documented serious
  [or persistent] misbehavior while on the program campus despite
  documented behavioral interventions [that violates the district's
  student code of conduct]. For purposes of this subsection,
  "serious misbehavior" means:
               (1)  deliberate violent behavior that poses a direct
  threat to the health or safety of others;
               (2)  extortion, meaning the gaining of money or other
  property by force or threat;
               (3)  conduct that constitutes coercion, as defined by
  Section 1.07, Penal Code; or
               (4)  conduct that constitutes the offense of:
                     (A)  public lewdness under Section 21.07, Penal
  Code;
                     (B)  indecent exposure under Section 21.08, Penal
  Code;
                     (C)  criminal mischief under Section 28.03, Penal
  Code;
                     (D)  personal hazing under Section 37.152; or
                     (E)  harassment under Section 42.07(a)(1), Penal
  Code, of a student or district employee.
         SECTION 3.  Section 37.0081(a), Education Code, is amended
  to read as follows:
         (a)  Subject to Subsection (h), but 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 student in an
  alternative setting as provided by Subsection (a-1) if:
               (1)  the student:
                     (A)  has received deferred prosecution under
  Section 53.03, Family Code, for conduct defined as:
                           (i)  a felony offense in Title 5, Penal Code;
  or
                           (ii)  the felony offense of aggravated
  robbery under Section 29.03, Penal Code;
                     (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:
                           (i)  a felony offense in Title 5, Penal Code;
  or
                           (ii)  the felony offense of aggravated
  robbery under Section 29.03, Penal Code;
                     (C)  is charged with engaging in conduct defined
  as:
                           (i)  a felony offense in Title 5, Penal Code;
  or
                           (ii)  the felony offense of aggravated
  robbery under Section 29.03, 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:
                           (i)  a felony offense in Title 5, Penal Code;
  or
                           (ii)  the felony offense of aggravated
  robbery under Section 29.03, Penal Code;
                     (E)  has received probation or deferred
  adjudication for a felony offense under Title 5, Penal Code, or the
  felony offense of aggravated robbery under Section 29.03, Penal
  Code;
                     (F)  has been convicted of a felony offense under
  Title 5, Penal Code, or the felony offense of aggravated robbery
  under Section 29.03, Penal Code; or
                     (G)  has been arrested for or charged with a
  felony offense under Title 5, Penal Code, or the felony offense of
  aggravated robbery under Section 29.03, 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.
         SECTION 4.  Sections 37.011(k) and (l), Education Code, are
  amended to read as follows:
         (k)  Each school district in a county with a population
  greater than 125,000 and the county juvenile board shall annually
  enter into a joint memorandum of understanding that:
               (1)  outlines the responsibilities of the juvenile
  board concerning the establishment and operation of a juvenile
  justice alternative education program under this section;
               (2)  defines the amount and conditions on payments from
  the school district to the juvenile board for students of the school
  district served in the juvenile justice alternative education
  program whose placement was not made on the basis of an expulsion
  required under Section 37.007(a), (d), or (e);
               (3)  establishes [identifies those categories of
  conduct] that [the school district has defined in its student code
  of conduct as constituting serious or persistent misbehavior for
  which] a student may be placed in the juvenile justice alternative
  education program if the student engages in serious misbehavior, as
  defined by Section 37.007(c);
               (4)  identifies and requires a timely placement and
  specifies a term of placement for expelled students for whom the
  school district has received a notice under Section 52.041(d),
  Family Code;
               (5)  establishes services for the transitioning of
  expelled students to the school district prior to the completion of
  the student's placement in the juvenile justice alternative
  education program;
               (6)  establishes a plan that provides transportation
  services for students placed in the juvenile justice alternative
  education program;
               (7)  establishes the circumstances and conditions
  under which a juvenile may be allowed to remain in the juvenile
  justice alternative education program setting once the juvenile is
  no longer under juvenile court jurisdiction; and
               (8)  establishes a plan to address special education
  services required by law.
         (l)  The school district shall be responsible for providing
  an immediate educational program to students who engage in behavior
  resulting in expulsion under Section 37.007(b)[, (c),] and (f) but
  who are not eligible for admission into the juvenile justice
  alternative education program in accordance with the memorandum of
  understanding required under this section. The school district may
  provide the program or the school district may contract with a
  county juvenile board, a private provider, or one or more other
  school districts to provide the program. The memorandum of
  understanding shall address the circumstances under which such
  students who continue to engage in serious [or persistent]
  misbehavior, as defined by Section 37.007(c), shall be admitted
  into the juvenile justice alternative education program.
         SECTION 5.  (a) Except as provided by Subsection (b) of this
  section, this Act applies beginning with the 2011-2012 school year.
         (b)  Sections 37.007(c) and 37.011(k) and (l), Education
  Code, as amended by this Act, apply beginning with the 2012-2013
  school year.
         SECTION 6.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 968 was passed by the House on April
  19, 2011, by the following vote:  Yeas 141, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 968 on May 26, 2011, by the following vote:  Yeas 143, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 968 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor