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