Texas 2009 - 81st Regular

Texas House Bill HB1249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3573 CAS-D
2	2	By: Edwards H.B. No. 1249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application to open-enrollment charter schools of
8	8	certain laws governing public school discipline and law and order.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) An open-enrollment charter school is subject to:
13	13	(1) a provision of this title establishing a criminal
14	14	offense; and
15	15	(2) a prohibition, restriction, or requirement, as
16	16	applicable, imposed by this title or a rule adopted under this
17	17	title, relating to:
18	18	(A) the Public Education Information Management
19	19	System (PEIMS) to the extent necessary to monitor compliance with
20	20	this subchapter as determined by the commissioner;
21	21	(B) criminal history records under Subchapter C,
22	22	Chapter 22;
23	23	(C) reading instruments and accelerated reading
24	24	instruction programs under Section 28.006;
25	25	(D) satisfactory performance on assessment
26	26	instruments and to accelerated instruction under Section 28.0211;
27	27	(E) high school graduation under Section 28.025;
28	28	(F) special education programs under Subchapter
29	29	A, Chapter 29;
30	30	(G) bilingual education under Subchapter B,
31	31	Chapter 29;
32	32	(H) prekindergarten programs under Subchapter E,
33	33	Chapter 29;
34	34	(I) extracurricular activities under Section
35	35	33.081;
36	36	(J) discipline and law and order [management
37	37	practices or behavior management techniques] under Chapter 37
38	38	[Section 37.0021];
39	39	(K) health and safety under Chapter 38;
40	40	(L) public school accountability under
41	41	Subchapters B, C, D, and G, Chapter 39;
42	42	(M) the requirement under Section 21.006 to
43	43	report an educator's misconduct; and
44	44	(N) intensive programs of instruction under
45	45	Section 28.0213.
46	46	SECTION 2. Section 37.008(j), Education Code, is amended to
47	47	read as follows:
48	48	(j) If a student placed in a disciplinary alternative
49	49	education program enrolls in another school district before the
50	50	expiration of the period of placement, the board of trustees of the
51	51	district requiring the placement shall provide to the district in
52	52	which the student enrolls, at the same time other records of the
53	53	student are provided, a copy of the placement order. The district
54	54	in which the student enrolls shall inform each educator who will
55	55	have responsibility for, or will be under the direction and
56	56	supervision of an educator who will have responsibility for, the
57	57	instruction of the student of the contents of the placement order.
58	58	Each educator shall keep the information received under this
59	59	subsection confidential from any person not entitled to the
60	60	information under this subsection, except that the educator may
61	61	share the information with the student's parent or guardian as
62	62	provided for by state or federal law. The district in which the
63	63	student enrolls may continue the disciplinary alternative
64	64	education program placement under the terms of the order or may
65	65	allow the student to attend regular classes without completing the
66	66	period of placement. A district may take any action permitted by
67	67	this subsection if[:
68	68	[(1) the student was placed in a disciplinary
69	69	alternative education program by an open-enrollment charter school
70	70	under Section 12.131 and the charter school provides to the
71	71	district a copy of the placement order; or
72	72	[(2)] the student was placed in a disciplinary
73	73	alternative education program by a school district in another state
74	74	and:
75	75	(1) [(A)] the out-of-state district provides to the
76	76	district a copy of the placement order; and
77	77	(2) [(B)] the grounds for the placement by the
78	78	out-of-state district are grounds for placement in the district in
79	79	which the student is enrolling.
80	80	SECTION 3. Section 12.131, Education Code, is repealed.
81	81	SECTION 4. This Act applies beginning with the 2009-2010
82	82	school year.
83	83	SECTION 5. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2009.