Court of Appeals for the Fifth Circuit April 11, 1997, No. 96-50420 (Nevares v. San Marcos Consolidated Independent School District)

REAVLEY, Circuit Judge:

The district court has declared a Texas statute unconstitutional because it does not expressly mandate that the school afford a proper hearing for a student charged with off-campus conduct punishable as a felony prior to transferring the student to an alternative education program.