HBA-JRA H.B. 505 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 505 By: Tillery Public Education 3/23/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no appeals process when a child is removed from a classroom and placed in an alternative education program. H.B. 505 entitles a parent to notice of an opportunity to appeal to the placement review committee, board of trustees of the school district, or commissioner of education, depending on the circumstances, regarding a student's removal from school or placement in an alternative education program, and requires formal proceedings to be held within a specified period of time. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.003(a) and adds Subsections (c) and (d), Education Code, as follows: (a) Provides that a placement review committee will hear appeals under Section 37.009 (Conference; Hearing; Review), in addition to its other duties. Requires the principal of the school to choose two additional committee members, each of whom is the parent of a student enrolled in the school, and one parent to serve as an alternate member. Makes a conforming change. (c) Provides that each committee member must have at least three hours of dispute resolution training from a regional education service center in accordance with school policy. (d) Specifies that in this section, "parent" includes a guardian. SECTION 2. Amends Section 37.009, Education Code, as follows: (a) Specifies that the conference which the principal or other appropriate administrator is required to schedule within three days of a student being removed from class by a teacher is to be an informal conference. (b) Entitles the student's parent or guardian to notice of an opportunity to appeal the principal's decision under Subsection (a) to the placement review committee established under Section 37.003. Requires a parent or guardian to file the appeal as required by school policy. Requires the committee to hold a formal hearing in response to an appeal within three days of the conference under Subsection (a). Entitles the parent or guardian of the student, the teacher removing the student from class, if any, the student, and each witness of the student's behavior or the incident, if any, to address the committee. Prohibits the student's return to class until the hearing. Requires the committee to give the parent or guardian an oral and written statement of the committee's decision regarding the student's placement. Establishes that the committee's decision is final and prohibits an appeal unless the committee places the student in an alternative education program for more than 30 days. (c) Establishes that the student's parent or guardian is entitled to notice of an opportunity to participate in a proceeding before the board of trustees of the school district (board) or the board's designee if the student is placed in an alternative education program under Subsection (b) for more than 30 days, rather than beyond the end the of the next grading period. Requires the parent or guardian to file an appeal as required by board policy. Requires the board or the board's designee to hold the proceeding within five days of the request. Requires the board or the board's designee to give the parent or guardian an oral and written statement of the board's or designee's decision regarding the student's placement. Prohibits an appeal of the board's or the designee's decision, unless the board or the board's designee places the student in an alternative education program for more than 90 days. Makes nonsubstantive changes. (d) Establishes that the student's parent or guardian is entitled to notice of an opportunity to participate in a proceeding before the commissioner of education (commissioner) if the student is placed in an alternative education program under Subsection (c) for more than 90 days. Requires the commissioner to adopt an appeals procedure for purposes of this subsection. Provides that the parent or guardian must request the appeal in writing within 10 days of the board's or designee's decision. Requires the commissioner to respond to the appeal in writing within 30 days of the proceeding. Establishes that the commissioner's decision is final and prohibits its appeal. (e) Redesignated from existing Subsection (c). Specifies that certain conditions must be determined before a student may be placed in an alternative education program for a period that extends beyond the end of the school year, rather than that the board or the board's designee must determine certain conditions. (f) Redesignated from existing Subsection (d). Requires the official or body hearing an appeal under Subsection (b), (c), or (d), rather than the board or the board's designee, to set a term for a student's placement in an alternative education program under Section 37.002 (Removal by Teacher) or 37.006 (Removal for Certain Conduct). (g)-(h) Redesignated from existing Subsection (e)-(f). (i) Redesignated from existing Subsection (g). Deletes the requirement that the board or the board's designee deliver to the student and the student's parent or guardian a copy of the order placing the student in an alternative education program under Section 37.002 (Removal by Teacher) or 37.006 (Removal for Certain Conduct). (j) Redesignated from existing Subsection (h). SECTION 3. Amends Section 37.010(a), Education Code, to require the board or the board's designee to deliver a copy of the modified order to the authorized officer of the juvenile court, if there is a modification in the student's placement in the alternative education program due to an appeal under Section 37.009(b), (c), or (d), no later than the second business day after the date of the decision. Makes a conforming change. SECTION 4. Makes application of this Act prospective to the 1999-2000 school year. SECTION 5. Emergency clause. Effective date: upon passage.