This section includes two categories of serious offenses for which the Texas Education Code provides unique procedures and specific consequences.

A. Registered Sex Offenders

Upon receiving notification in accordance with state law that a student is currently required to register as a sex offender, the administration must remove the student from the regular classroom and determine appropriate placement unless the court orders placement in a Juvenile Justice Alternative Education Program (JJAEP).

If the student is under any form of court supervision, including probation, community supervision, or parole, the placement will be in either a DAEP or JJAEP for at least one semester (the equivalent of one semester is 87 school days).

If the student is under any form of court supervision, the placement may be in the DAEP or JJAEP for one semester (the equivalent of one semester is 87 school days) or the placement may be in the regular classroom. The placement may not be in the regular classroom if the board or its designee determines that the student's presence:

1. Threatens the safety of other students or teachers,
2. Will be detrimental to the educational process, or
3. Is not in the best interests of the district's students.

Review Committee
At the end of the first semester (87 school days) of a student's placement in a DAEP or JJAEP and before the beginning of each school year for which the student remains in an alternative placement, the district shall convene a committee, in accordance with state law, to review the student's placement. The committee, whose membership will include the appropriate Associate Superintendent or designee, will recommend whether the student should return to the regular classroom or remain in the placement. Absent a special finding, the board's designee, the General Counsel, must follow the committee's recommendation.

The placement review of a student with a disability who receives special education services must be made by the ARD committee.

Continuation of Placement
If a student enrolls in the district during a mandatory placement as a registered sex offender, the district may count any time already spent by the student in a placement or may require an additional semester (87 school days) in an alternative placement without conducting a review of the placement.

Appeal
A student or the student's parent may appeal the placement by requesting a conference between the board or its designee, the student, and the student's parent. The conference is limited to the factual question of whether the student is required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedures. Any decision of the board's designee, the Chief Academic Officer or designee, under this section is final and may not be appealed.

B. Certain Felonies

Regardless of whether placement or expulsion is required or permitted by one of the reasons in the DAEP or Expulsion sections, in accordance with Texas Education Code 37.0081, a student may be expelled and placed in either a DAEP or JJAEP if the board or its designee makes certain findings and the following circumstances exist in relation to a felony offense under Title V of the Texas Penal Code. The student must:

• Have received deferred prosecution for conduct defined as a Title V felony offense;
• Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as a Title V felony offense;
• Have been charged with engaging in conduct defined as a Title V offense;
• Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as a Title V felony offense; or
• Have received probation or deferred adjudication or have been arrested for, charged with, or convicted of a Title V felony offense.

The district may expel the student and order placement under these circumstances regardless of:

1. The date on which the student's conduct occurred,
2. The location at which the conduct occurred;
3. Whether the conduct occurred while the student was enrolled in the district, or
4. Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.

Hearing and Required Findings
The student must first have a hearing before the board or its designee, who must determine that in addition to the circumstances above that allow for the expulsion, the student presence in the regular classroom:

1. Threatens the safety of other students or teachers,
2. Will be detrimental to the educational process, or
3. Is not in the best interest of the district's students.

Any decision of the board or board's designee under this section is final and may not be appealed (see Expulsion).

Length of Placement
The student is subject to the placement until:

1. The student graduates from high school,
2. The charges are dismissed or reduced to a misdemeanor offense, or
3. The student completes the term of the placement or is assigned to another program.

Continuation of a Placement
A student who enrolls in the district before completing a placement under this section from another school district must complete the term of the placement.