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June 13, ; Acts77th Leg. June 15, ; Acts78th Leg. June 20, ; Acts78th Leg.

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A marihuana or a controlled substance, as defined by ChapterHealth and Safety Code, or by 21 U. B a dangerous drug, as defined by ChapterHealth and Safety Code; or. C an alcoholic beverage, as defined by Section 1.

The campus behavior coordinator may coordinate with the school district's homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. In this subsection, "student who is homeless" has the meaning assigned to the term "homeless children and youths" under 42 U. The district must provide at least one option for receiving the course work that does not require the use of the Internet.

June 7, Added by Acts79th Leg. B engages in conduct that contains the elements of the offense of assault under Section C sells, gives, or delivers to another person or possesses or uses or is under the influence of:.

D sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1. E engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections F engages in conduct that contains the elements of the offense of public lewdness under Section G engages in conduct that contains the elements of the offense of harassment under Section B the felony offense of aggravated robbery under Section An elementary school student may not be placed in a disciplinary alternative education program with any other student who is not an elementary school student.

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 disciplinary 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. 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 Article 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 j. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law.

The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection. June 19, ; Acts76th Leg. June 11, ; Acts78th Leg. A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by a juvenile board is entitled to count such students in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program.

If the district has a local revenue level greater than the guaranteed local revenue level but less than the level established under Section The rules must ensure that:. Added by Acts80th Leg. A aggravated assault under Section B arson under Section C murder under Section D indecency with a child under Section E aggravated kidnapping under Section F aggravated robbery under Section G manslaughter under Section H criminally negligent homicide under Section I continuous sexual abuse of young child or children under Section A sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:.

B engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections C engages in conduct that contains the elements of an offense under Section D engages in conduct that contains the elements of the offense of deadly conduct under Section B possesses a firearm, as defined by 18 U. Section. A the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and.

For purposes of this subsection, "serious misbehavior" means:. A public lewdness under Section B indecent exposure under Section C criminal mischief under Section D personal hazing under Section E harassment under Section Sectiona local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.

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The student must be expelled from the student's regular campus for a period of at least one year, except that:. Sectionmay modify the length of the expulsion in the case of an individual student. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled. June 18, ; Acts78th Leg. Acts80th Leg.

The district in which the student enrolls shall inform each educator who will have responsibility for, or will be under the direction and supervision of an educator who will have responsibility for, the instruction of the student of the contents of the placement order.

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The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.

A district may take any action permitted by this subsection if:.

Your Answer

A the out-of-state district provides to the district a copy of the placement order; and. B the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling. A disciplinary alternative education program that provides chemical dependency treatment services must be licensed under ChapterHealth and Safety Code.

A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school.

The district may not charge the student for a course provided under this subsection. The notice must:.

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The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections Academically, the mission of disciplinary alternative education programs shall be to enable students to perform at grade level. The commissioner shall also develop a system and standards for review of the evaluation or use systems already available at the agency. The system must be designed to identify districts that are at high risk of having inaccurate disciplinary alternative education program data or of failing to comply with disciplinary alternative education program requirements.

The commissioner shall notify the board of trustees of a district of any objection the commissioner has to the district's disciplinary alternative education program data or of a violation of a law or rule revealed by the data, including any violation of disciplinary alternative education program requirements, or of any recommendation by the commissioner concerning the data.

If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general. The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of disciplinary alternative education program data.

A has received deferred prosecution under Section B has been found by a court or jury to have engaged in delinquent conduct under Section D has been referred to a juvenile court for allegedly engaging in delinquent conduct under Section 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 F has been convicted of a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 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 C is not in the best interests of the district's students.

For purposes of this subsection:. The instrument shall be administered:. 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. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference.

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Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person's attendance, the campus behavior coordinator, after consideration of the factors under Section Before ordering the suspension, expulsion, removal to a disciplinary alternative education program, or placement in a juvenile justice alternative education program of a student, the behavior coordinator must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, and whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action.

If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under Section If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section The period of the placement may not exceed one year unless, after a review, the district determines that the student is a threat to the safety of other students or to district employees.

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Any decision of the board or the board's designee under this subsection is final and may not be appealed. The period of the placement may not exceed one year unless, after a review, the district determines that:. In the case of a high school student, the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student.

The district is not required under this subsection to provide a course in the district's disciplinary alternative education program except as required by Section At the review, the student or the student's parent or guardian must be given the opportunity to present arguments for the student's return to the regular classroom or campus. The student may not be returned to the classroom of the teacher who removed the student without that teacher's consent.

At the hearing, the student is entitled to be represented by the student's parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district. If the school district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends.

Before ordering the expulsion of a student, the board of trustees must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, and whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, regardless of whether the decision of the board concerns a mandatory or discretionary action.

If the decision to expel a student is made by the board's designee, the decision may be appealed to the board. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district's central administrative office is located. The period of an expulsion may not exceed one year unless, after a review, the district determines that:.

After a school district notifies the parents or guardians of a student that the student has been expelled, the parent or guardian shall provide adequate supervision of the student during the period of expulsion. If the student subsequently enrolls in the district during the same or subsequent school year, the district may enforce the order at that time except for any period of the placement or expulsion that has been served by the student on enrollment in another district that honored the order.

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If the principal or board fails to enter an order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order. In a county that operates a program under Section After the student has successfully completed any court disposition requirements the court imposes, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department, if the student meets the requirements for admission into the public schools established by this title, a district may not refuse to admit the student, but the district may place the student in the disciplinary alternative education program.

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Notwithstanding Section The district in which the student enrolls may continue the expulsion under the terms of the order, may place the student in a disciplinary alternative education program for the period specified by the expulsion order, or may allow the student to attend regular classes without completing the period of expulsion.

A district may take any action permitted by this subsection if the student was expelled by a school district in another state if:.

The juvenile board of a county with a population ofor less may develop a juvenile justice alternative education program. For the purposes of this subchapter, only a disciplinary alternative education program operated under the authority of a juvenile board of a county is considered a juvenile justice alternative education program.

A juvenile justice alternative education program in a county with a population ofor less:. A outlines the responsibilities of the board and school districts in minimizing the number of students expelled without receiving alternative educational services; and. B includes the coordination procedures required by Section The district is entitled to count the student in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program.

An educational placement under this section may include:. E a community organization that can provide an educational program that allows the student to complete the credits required for high school graduation.

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Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school. Each program shall administer assessment instruments under Subchapter B, Chapter 39and shall offer a high school equivalency program. The juvenile board or the board's designee, with the parent or guardian of each student, shall regularly review the student's academic progress.

In the case of a high school student, the board or the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student.

The program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this subsection.

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A school district may provide personnel and services for a juvenile justice alternative education program under a contract with the juvenile board. The department may not grant a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program. A juvenile justice alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39 or 39A.

For purposes of accountability under Chapters 39 and 39Aa student enrolled in a juvenile justice alternative education program is reported as if the student were enrolled at the student's assigned campus in the student's regularly assigned education program, including a special education program.

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Kazrara

Dairamar

3 Comments

  1. Faele
    Kim

    Really?

    05.01.2020
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    05.01.2020
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    Moogumuro

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    05.01.2020
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