By: Huffman S.B. No. 306
A BILL TO BE ENTITLED
AN ACT
relating to consideration of a student receiving treatment in a
residential facility for public school accountability purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.054(f), for
purposes of determining the performance of a school district, [or]
campus, or open-enrollment charter school under this chapter, a
student ordered by a juvenile court into a residential program or
facility operated by or under contract with the Texas Juvenile
Justice Department [Youth Commission, the Texas Juvenile Probation
Commission], a juvenile board, or any other governmental entity or
any student who is receiving treatment in a residential facility is
not considered to be a student of the school district in which the
program or facility is physically located or of an open-enrollment
charter school, as applicable. The performance of such a student on
an assessment instrument or other student achievement indicator
adopted under Section 39.053 or reporting indicator adopted under
Section 39.301 shall be determined, reported, and considered
separately from the performance of students attending a school of
the district in which the program or facility is physically located
or an open-enrollment charter school, as applicable.
SECTION 2. This Act applies beginning with the 2013-2014
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.