| 1 | 1 | | 81R701 JRJ-D |
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| 2 | 2 | | By: Dutton H.B. No. 919 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the applicability of provisions of the Education Code |
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| 8 | 8 | | to certain alternative education programs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 29.081(e), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (e) A school district may use a private or public |
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| 13 | 13 | | community-based dropout recovery education program to provide |
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| 14 | 14 | | alternative education programs for students at risk of dropping out |
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| 15 | 15 | | of school. The programs must: |
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| 16 | 16 | | (1) provide not less than the minimum amount [four |
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| 17 | 17 | | hours] of instructional time per day required under Section |
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| 18 | 18 | | 25.082(a); |
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| 19 | 19 | | (2) employ as faculty and administrators persons with |
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| 20 | 20 | | baccalaureate or advanced degrees who meet all certification |
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| 21 | 21 | | requirements established under Subchapter B, Chapter 21; |
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| 22 | 22 | | (3) provide at least one instructor for each 28 |
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| 23 | 23 | | students; |
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| 24 | 24 | | (4) perform satisfactorily according to performance |
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| 25 | 25 | | indicators and accountability standards adopted for alternative |
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| 26 | 26 | | education programs by the commissioner; and |
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| 27 | 27 | | (5) comply with this title and rules adopted under |
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| 28 | 28 | | this title except as otherwise provided by this subsection. |
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| 29 | 29 | | SECTION 2. Sections 37.008(b) and (c), Education Code, are |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | (b) A disciplinary alternative education program may |
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| 32 | 32 | | provide for a student's transfer to: |
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| 33 | 33 | | (1) a different campus; |
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| 34 | 34 | | (2) a school-community guidance center under |
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| 35 | 35 | | Subchapter B; or |
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| 36 | 36 | | (3) a community-based alternative school, including a |
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| 37 | 37 | | community-based dropout recovery education program under Section |
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| 38 | 38 | | 29.081(e). |
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| 39 | 39 | | (c) An off-campus disciplinary alternative education |
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| 40 | 40 | | program, including a school-community guidance center, a |
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| 41 | 41 | | community-based alternative school, or a community-based dropout |
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| 42 | 42 | | recovery education program, is not subject to a requirement imposed |
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| 43 | 43 | | by this title, other than: |
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| 44 | 44 | | (1) a limitation on liability; |
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| 45 | 45 | | (2) [,] a reporting requirement; |
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| 46 | 46 | | (3) [, or] a requirement imposed by this chapter or by |
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| 47 | 47 | | Chapter 39; or |
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| 48 | 48 | | (4) any other requirement imposed by this title that |
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| 49 | 49 | | applies to an on-campus disciplinary alternative education |
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| 50 | 50 | | program. |
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| 51 | 51 | | SECTION 3. Sections 29.081(e) and 37.008(b) and (c), |
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| 52 | 52 | | Education Code, as amended by this Act, apply beginning with the |
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| 53 | 53 | | 2009-2010 school year. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2009. |
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