Not later than the second business day after the date a hearing is held under Section 37.009 (Conference; Hearing; Review), the board of trustees of a school district or the board’s designee shall deliver a copy of the order placing a student in a disciplinary alternative education program under Section 37.006 (Removal for Certain Conduct) or expelling a student under Section 37.007 (Expulsion for Serious Offenses) and any information required under Section 52.04 (Referral to Juvenile Court; Notice to Parents), Family Code, to the authorized officer of the juvenile court in the county in which the student resides. In a county that operates a program under Section 37.011 (Juvenile Justice Alternative Education Program), an expelled student shall to the extent provided by law or by the memorandum of understanding immediately attend the educational program from the date of expulsion, except that in a county with a population greater than 125,000, every expelled student who is not detained or receiving treatment under an order of the juvenile court must be enrolled in an educational program.
If a student is expelled under Section 37.007 (Expulsion for Serious Offenses)(c), the board or its designee shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Title 3, Family Code.
Unless the juvenile board for the county in which the district’s central administrative office is located has entered into a memorandum of understanding with the district’s board of trustees concerning the juvenile probation department’s role in supervising and providing other support services for students in disciplinary alternative education programs, a court may not order a student expelled under Section 37.007 (Expulsion for Serious Offenses) to attend a regular classroom, a regular campus, or a school district disciplinary alternative education program as a condition of probation.
Unless the juvenile board for the county in which the district’s central administrative office is located has entered into a memorandum of understanding as described by Subsection (c), if a court orders a student to attend a disciplinary alternative education program as a condition of probation once during a school year and the student is referred to juvenile court again during that school year, the juvenile court may not order the student to attend a disciplinary alternative education program in a district without the district’s consent until the student has successfully completed any sentencing requirements the court imposes.
Any placement in a disciplinary alternative education program by a court under this section must prohibit the student from attending or participating in school-sponsored or school-related activities.
If a student is expelled under Section 37.007 (Expulsion for Serious Offenses), on the recommendation of the committee established under Section 37.003 (Placement Review Committee) or on its own initiative, a district may readmit the student while the student is completing any court disposition requirements the court imposes. 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. Notwithstanding Section 37.002 (Removal by Teacher)(d), the student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher’s consent. The teacher may not be coerced to consent.
If an expelled student enrolls in another school district, the board of trustees of the district that expelled the student shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the expulsion order and the referral to the authorized officer of the juvenile court. 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 out-of-state district provides to the district a copy of the expulsion order; and
the grounds for the expulsion are also grounds for expulsion in the district in which the student is enrolling.
If a student was expelled by a school district in another state for a period that exceeds one year and a school district in this state continues the expulsion or places the student in a disciplinary alternative education program under Subsection (g), the district shall reduce the period of the expulsion or placement so that the aggregate period does 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; or
extended placement is in the best interest of the student.
A person is not liable in civil damages for a referral to juvenile court as required by this section.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 8, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 15, eff. June 20, 2003.