1 | 1 | | By: Patrick, et al. S.B. No. 1404 |
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2 | 2 | | (Parker) |
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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 attendance at and completion of high school by students |
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8 | 8 | | who are in the conservatorship of the Department of Family and |
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9 | 9 | | Protective Services. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subsection (b), Section 25.007, Education Code, |
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12 | 12 | | is amended to read as follows: |
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13 | 13 | | (b) In recognition of the challenges faced by students in |
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14 | 14 | | substitute care, the agency shall assist the transition of |
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15 | 15 | | substitute care students from one school to another by: |
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16 | 16 | | (1) ensuring that school records for a student in |
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17 | 17 | | substitute care are transferred to the student's new school not |
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18 | 18 | | later than the 14th day after the date the student begins enrollment |
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19 | 19 | | at the school; |
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20 | 20 | | (2) developing systems to ease transition of a student |
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21 | 21 | | in substitute care during the first two weeks of enrollment at a new |
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22 | 22 | | school; |
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23 | 23 | | (3) developing procedures for awarding credit, |
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24 | 24 | | including partial credit if appropriate, for course work, including |
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25 | 25 | | electives, completed by a student in substitute care while enrolled |
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26 | 26 | | at another school; |
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27 | 27 | | (4) promoting practices that facilitate access by a |
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28 | 28 | | student in substitute care to extracurricular programs, summer |
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29 | 29 | | programs, credit transfer services, electronic courses provided |
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30 | 30 | | under Chapter 30A, and after-school tutoring programs at nominal or |
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31 | 31 | | no cost; |
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32 | 32 | | (5) establishing procedures to lessen the adverse |
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33 | 33 | | impact of the movement of a student in substitute care to a new |
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34 | 34 | | school; |
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35 | 35 | | (6) entering into a memorandum of understanding with |
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36 | 36 | | the Department of Family and Protective Services regarding the |
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37 | 37 | | exchange of information as appropriate to facilitate the transition |
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38 | 38 | | of students in substitute care from one school to another; |
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39 | 39 | | (7) encouraging school districts and open-enrollment |
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40 | 40 | | charter schools to provide services for a student in substitute |
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41 | 41 | | care in transition when applying for admission to postsecondary |
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42 | 42 | | study and when seeking sources of funding for postsecondary study; |
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43 | 43 | | (8) requiring school districts, campuses, and |
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44 | 44 | | open-enrollment charter schools to accept a referral for special |
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45 | 45 | | education services made for a student in substitute care by a school |
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46 | 46 | | previously attended by the student; [and] |
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47 | 47 | | (9) providing other assistance as identified by the |
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48 | 48 | | agency; |
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49 | 49 | | (10) developing procedures for allowing a student in |
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50 | 50 | | substitute care who was previously enrolled in a course required |
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51 | 51 | | for graduation the opportunity, to the extent practicable, to |
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52 | 52 | | complete the course, at no cost to the student, before the beginning |
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53 | 53 | | of the next school year; |
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54 | 54 | | (11) ensuring that a student in substitute care who is |
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55 | 55 | | not likely to receive a high school diploma before the fifth school |
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56 | 56 | | year following the student's enrollment in grade nine, as |
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57 | 57 | | determined by the district, has the student's course credit accrual |
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58 | 58 | | and personal graduation plan reviewed; and |
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59 | 59 | | (12) ensuring that a student in substitute care who is |
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60 | 60 | | in grade 11 or 12 be provided information regarding tuition and fee |
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61 | 61 | | exemptions under Section 54.366 for dual-credit or other courses |
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62 | 62 | | provided by a public institution of higher education for which a |
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63 | 63 | | high school student may earn joint high school and college credit. |
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64 | 64 | | SECTION 2. Subsection (b), Section 25.087, Education Code, |
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65 | 65 | | is amended to read as follows: |
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66 | 66 | | (b) A school district shall excuse a student from attending |
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67 | 67 | | school for: |
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68 | 68 | | (1) the following purposes, including travel for those |
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69 | 69 | | purposes: |
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70 | 70 | | (A) observing religious holy days; |
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71 | 71 | | (B) attending a required court appearance; |
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72 | 72 | | (C) appearing at a governmental office to |
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73 | 73 | | complete paperwork required in connection with the student's |
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74 | 74 | | application for United States citizenship; |
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75 | 75 | | (D) taking part in a United States naturalization |
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76 | 76 | | oath ceremony; [or] |
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77 | 77 | | (E) serving as an election clerk; or |
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78 | 78 | | (F) if the student is in the conservatorship of |
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79 | 79 | | the Department of Family and Protective Services, participating in |
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80 | 80 | | an activity ordered by a court under Chapter 262 or 263, Family |
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81 | 81 | | Code, provided that it is not practicable to schedule the |
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82 | 82 | | participation outside of school hours; or |
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83 | 83 | | (2) a temporary absence resulting from health care |
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84 | 84 | | professionals if that student commences classes or returns to |
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85 | 85 | | school on the same day of the appointment. |
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86 | 86 | | SECTION 3. Subsection (a), Section 28.0213, Education Code, |
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87 | 87 | | is amended to read as follows: |
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88 | 88 | | (a) A school district shall offer an intensive program of |
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89 | 89 | | instruction to a student who: |
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90 | 90 | | (1) does not perform satisfactorily on an assessment |
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91 | 91 | | instrument administered under Subchapter B, Chapter 39; or |
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92 | 92 | | (2) is not likely to receive a high school diploma |
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93 | 93 | | before the fifth school year following the student's enrollment in |
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94 | 94 | | grade nine, as determined by the district. |
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95 | 95 | | SECTION 4. Section 28.025, Education Code, is amended by |
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96 | 96 | | adding Subsection (i) to read as follows: |
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97 | 97 | | (i) If an 11th or 12th grade student in the conservatorship |
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98 | 98 | | of the Department of Family and Protective Services transfers to a |
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99 | 99 | | different school district and the student is ineligible to graduate |
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100 | 100 | | from the district to which the student transfers, the district from |
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101 | 101 | | which the student transferred shall award a diploma at the |
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102 | 102 | | student's request, if the student meets the graduation requirements |
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103 | 103 | | of the district from which the student transferred. |
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104 | 104 | | SECTION 5. This Act applies beginning with the 2013-2014 |
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105 | 105 | | school year. |
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106 | 106 | | SECTION 6. This Act takes effect immediately if it receives |
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107 | 107 | | a vote of two-thirds of all the members elected to each house, as |
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108 | 108 | | provided by Section 39, Article III, Texas Constitution. If this |
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109 | 109 | | Act does not receive the vote necessary for immediate effect, this |
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110 | 110 | | Act takes effect September 1, 2013. |
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