Texas 2013 - 83rd Regular

Texas Senate Bill SB119 Compare Versions

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1	1	By: Rodriguez S.B. No. 119
2	2	(Marquez, Moody)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of special student recovery programs by
8	8	certain school districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter E, Chapter 39, Education Code, is
11	11	amended by adding Section 39.117 to read as follows:
12	12	Sec. 39.117. SPECIAL STUDENT RECOVERY PROGRAM. (a) This
13	13	section applies only to a school district with a student enrollment
14	14	of at least 60,000 that is located in a county on the international
15	15	border with a population of 800,000 or more.
16	16	(b) The commissioner may require a school district to which
17	17	this section applies to operate a special student recovery program
18	18	if the commissioner has imposed a sanction under Section 39.102
19	19	based on a determination that the district has, for the purpose of
20	20	affecting the performance rating under Section 39.054 or former
21	21	Section 39.072 or a distinction designation under Section 39.202 or
22	22	39.203 of the district or a campus in the district:
23	23	(1) assigned a student to a grade level to which the
24	24	student would not otherwise be assigned, in violation of local
25	25	policy;
26	26	(2) retained a student at a grade level at which the
27	27	student would not otherwise be retained, in violation of local
28	28	policy;
29	29	(3) declined to admit to the schools of the district a
30	30	student with limited English proficiency who was eligible for
31	31	admission; or
32	32	(4) encouraged a student who was eligible for
33	33	admission to the district to enroll in another district or drop out
34	34	of school.
35	35	(c) The commissioner shall require a school district to
36	36	which this section applies to operate a special student recovery
37	37	program if the superintendent or assistant superintendent of the
38	38	district or a principal or assistant principal of a campus in the
39	39	district is convicted of or receives a grant of deferred
40	40	adjudication community supervision for an offense associated with
41	41	conduct described by Subsection (b).
42	42	(d) A special student recovery program must include:
43	43	(1) identification of students affected by conduct
44	44	described by Subsection (b), with an emphasis on identifying and
45	45	obtaining current addresses for students who dropped out of school
46	46	after the conduct;
47	47	(2) notification of students identified under
48	48	Subdivision (1) of the availability of educational services
49	49	provided through the program;
50	50	(3) provision of appropriate compensatory, intensive,
51	51	and accelerated instructional services for students identified
52	52	under Subdivision (1), including services designed to enable
53	53	students to obtain high school equivalency certificates under
54	54	Section 7.111; and
55	55	(4) for students identified under Subdivision (1) who
56	56	are at least 21 years of age and under 26 years of age, the offer of
57	57	admission to the schools of the district for the purpose of
58	58	completing the requirements for a high school diploma, as
59	59	authorized by Section 25.001.
60	60	(e) A student who is at least 21 years of age and is admitted
61	61	to the schools of the district under Subsection (d)(4) is subject to
62	62	the placement restrictions described by Section 25.001(b-2) if the
63	63	student has not attended school in the three preceding school
64	64	years.
65	65	(f) In addition to any other available funds, a school
66	66	district may use funds provided to the district under Section
67	67	42.152 to pay the costs of the program. Instructional services may
68	68	be provided to students identified under Subsection (d)(1) who are
69	69	under 26 years of age using funds provided under Section 42.152 or
70	70	other Foundation School Program funds, notwithstanding Section
71	71	42.003.
72	72	(g) This section requires a school district to provide
73	73	instructional services only to a student who is a resident of this
74	74	state and is eligible for admission to the schools of the district
75	75	under Section 25.001, including eligibility described by that
76	76	section for students who are under 26 years of age.
77	77	(h) The commissioner shall determine the duration of a
78	78	special student recovery program, provided that the program must
79	79	have a duration of at least two years. Before a program may be
80	80	concluded, the district must conduct a public hearing in the
81	81	community served by the school district to solicit comments from
82	82	students, parents, and other members of the community regarding
83	83	whether there is a continuing need for the program.
84	84	(i) The commissioner shall adopt rules necessary to
85	85	implement this section.
86	86	(j) This section expires September 1, 2018.
87	87	SECTION 2. Section 39.117, Education Code, as added by this
88	88	Act, authorizes or requires, as applicable, the commissioner of
89	89	education to require a school district to operate a special student
90	90	recovery program regardless of whether the district's conduct
91	91	giving rise to the commissioner's action occurred before or after
92	92	the effective date of this Act. The commissioner may waive
93	93	operation of a program if the conduct occurred at least 10 years
94	94	before the effective date of this Act.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2013.