84R10719 GCB-D
By: Burns H.B. No. 2452
A BILL TO BE ENTITLED
AN ACT
relating to the provision of educational services to certain
students receiving treatment at a day treatment center and to the
consideration of those students for purposes of accountability and
calculating average daily attendance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.001, Education Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Day treatment center" means a psychiatric day
treatment facility, as defined by Section 1355.101, Insurance Code,
that does not provide residential services.
SECTION 2. Subchapter A, Chapter 25, Education Code, is
amended by adding Section 25.0012 to read as follows:
Sec. 25.0012. CHILDREN RECEIVING SERVICES AT DAY TREATMENT
CENTER. (a) A school district or open-enrollment charter school
shall provide educational services at a day treatment center to a
student enrolled in the district or charter school for whom:
(1) a court orders the treatment; or
(2) a psychiatrist or a licensed physician certified
by the American Board of Psychiatry and Neurology recommends the
treatment and specifies the recommended duration of the treatment
in a writing provided the district or charter school.
(b) A school district or open-enrollment charter school
shall maintain a copy of a writing received under Subsection
(a)(2).
(c) A school district or open-enrollment charter school may
contract for the provision of educational services to a student at a
day treatment center.
SECTION 3. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0551 to read as follows:
Sec. 39.0551. STUDENT RECEIVING EDUCATION SERVICES AT DAY
TREATMENT CENTER CONSIDERED FOR ACCOUNTABILITY PURPOSES. (a)
Except as provided by Subsection (b), a student receiving
educational services at a day treatment center in accordance with
Section 25.0012 is considered a student of the school district or
open-enrollment charter school that provides the services to the
student for purposes of determining the performance of a school
district, campus, or open-enrollment charter school under this
chapter, and 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 in the same manner as
the performance of other students enrolled in the district or
charter school.
(b) A student receiving educational services at a day
treatment center in accordance with Section 25.0012 is not
considered a student of a school district or open-enrollment
charter school for purposes of determining the performance of a
school district, campus, or open-enrollment charter school under
this chapter if the school district or charter school contracts for
the provision of services to that student, as permitted by Section
25.0012(c).
SECTION 4. Section 42.005, Education Code, is amended by
adding Subsection (h) to read as follows:
(h) For purposes of calculating average daily attendance, a
student receiving treatment at a day treatment center is considered
in attendance for each day for which a school district or
open-enrollment charter school provides educational services to
the student at the day treatment center, in accordance with Section
25.0012.
SECTION 5. This Act applies beginning with the 2015-2016
school year.
SECTION 6. 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, 2015.