Texas Family Code - Section 52.041. Referral Of Child To Juvenile Court After Expulsion
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§ 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER
EXPULSION. (a) A school district that expels a child shall refer
the child to juvenile court in the county in which the child
resides.
(b) The board of the school district or a person designated
by the board shall deliver a copy of the order expelling the student
and any other information required by Section 52.04 on or before the
second working day after the date of the expulsion hearing to the
authorized officer of the juvenile court.
(c) Within five working days of receipt of an expulsion
notice under this section by the office or official designated by
the juvenile board, a preliminary investigation and determination
shall be conducted as required by Section 53.01.
(d) The office or official designated by the juvenile board
shall within two working days notify the school district that
expelled the child if:
(1) a determination was made under Section 53.01 that
the person referred to juvenile court was not a child within the
meaning of this title;
(2) a determination was made that no probable cause
existed to believe the child engaged in delinquent conduct or
conduct indicating a need for supervision;
(3) no deferred prosecution or formal court
proceedings have been or will be initiated involving the child;
(4) the court or jury finds that the child did not
engage in delinquent conduct or conduct indicating a need for
supervision and the case has been dismissed with prejudice; or
(5) the child was adjudicated but no disposition was
or will be ordered by the court.
(e) In any county where a juvenile justice alternative
education program is operated, no student shall be expelled without
written notification by the board of the school district or its
designated agent to the juvenile board's designated
representative. The notification shall be made not later than two
business days following the board's determination that the student
is to be expelled. Failure to timely notify the designated
representative of the juvenile board shall result in the child's
duty to continue attending the school district's educational
program, which shall be provided to that child until such time as
the notification to the juvenile board's designated representative
is properly made.
Added by Acts 1995, 74th Leg., ch. 262, § 20, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1015, § 16, eff. June 19,
1997; Acts 2001, 77th Leg., ch. 1297, § 17, eff. Sept. 1, 2001.
Section: 52.02 52.025 52.026 52.03 52.031 52.032 52.04 52.041 53.01 53.012 53.013 53.02 53.03 53.035 53.04
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Last modified: August 10, 2007
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