| 1 | 1 | | 84R10719 GCB-D |
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| 2 | 2 | | By: Burns H.B. No. 2452 |
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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 provision of educational services to certain |
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| 8 | 8 | | students receiving treatment at a day treatment center and to the |
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| 9 | 9 | | consideration of those students for purposes of accountability and |
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| 10 | 10 | | calculating average daily attendance. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 5.001, Education Code, is amended by |
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| 13 | 13 | | adding Subdivision (3-a) to read as follows: |
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| 14 | 14 | | (3-a) "Day treatment center" means a psychiatric day |
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| 15 | 15 | | treatment facility, as defined by Section 1355.101, Insurance Code, |
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| 16 | 16 | | that does not provide residential services. |
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| 17 | 17 | | SECTION 2. Subchapter A, Chapter 25, Education Code, is |
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| 18 | 18 | | amended by adding Section 25.0012 to read as follows: |
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| 19 | 19 | | Sec. 25.0012. CHILDREN RECEIVING SERVICES AT DAY TREATMENT |
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| 20 | 20 | | CENTER. (a) A school district or open-enrollment charter school |
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| 21 | 21 | | shall provide educational services at a day treatment center to a |
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| 22 | 22 | | student enrolled in the district or charter school for whom: |
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| 23 | 23 | | (1) a court orders the treatment; or |
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| 24 | 24 | | (2) a psychiatrist or a licensed physician certified |
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| 25 | 25 | | by the American Board of Psychiatry and Neurology recommends the |
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| 26 | 26 | | treatment and specifies the recommended duration of the treatment |
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| 27 | 27 | | in a writing provided the district or charter school. |
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| 28 | 28 | | (b) A school district or open-enrollment charter school |
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| 29 | 29 | | shall maintain a copy of a writing received under Subsection |
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| 30 | 30 | | (a)(2). |
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| 31 | 31 | | (c) A school district or open-enrollment charter school may |
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| 32 | 32 | | contract for the provision of educational services to a student at a |
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| 33 | 33 | | day treatment center. |
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| 34 | 34 | | SECTION 3. Subchapter C, Chapter 39, Education Code, is |
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| 35 | 35 | | amended by adding Section 39.0551 to read as follows: |
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| 36 | 36 | | Sec. 39.0551. STUDENT RECEIVING EDUCATION SERVICES AT DAY |
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| 37 | 37 | | TREATMENT CENTER CONSIDERED FOR ACCOUNTABILITY PURPOSES. (a) |
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| 38 | 38 | | Except as provided by Subsection (b), a student receiving |
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| 39 | 39 | | educational services at a day treatment center in accordance with |
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| 40 | 40 | | Section 25.0012 is considered a student of the school district or |
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| 41 | 41 | | open-enrollment charter school that provides the services to the |
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| 42 | 42 | | student for purposes of determining the performance of a school |
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| 43 | 43 | | district, campus, or open-enrollment charter school under this |
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| 44 | 44 | | chapter, and the performance of such a student on an assessment |
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| 45 | 45 | | instrument or other student achievement indicator adopted under |
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| 46 | 46 | | Section 39.053 or reporting indicator adopted under Section 39.301 |
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| 47 | 47 | | shall be determined, reported, and considered in the same manner as |
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| 48 | 48 | | the performance of other students enrolled in the district or |
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| 49 | 49 | | charter school. |
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| 50 | 50 | | (b) A student receiving educational services at a day |
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| 51 | 51 | | treatment center in accordance with Section 25.0012 is not |
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| 52 | 52 | | considered a student of a school district or open-enrollment |
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| 53 | 53 | | charter school for purposes of determining the performance of a |
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| 54 | 54 | | school district, campus, or open-enrollment charter school under |
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| 55 | 55 | | this chapter if the school district or charter school contracts for |
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| 56 | 56 | | the provision of services to that student, as permitted by Section |
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| 57 | 57 | | 25.0012(c). |
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| 58 | 58 | | SECTION 4. Section 42.005, Education Code, is amended by |
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| 59 | 59 | | adding Subsection (h) to read as follows: |
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| 60 | 60 | | (h) For purposes of calculating average daily attendance, a |
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| 61 | 61 | | student receiving treatment at a day treatment center is considered |
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| 62 | 62 | | in attendance for each day for which a school district or |
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| 63 | 63 | | open-enrollment charter school provides educational services to |
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| 64 | 64 | | the student at the day treatment center, in accordance with Section |
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| 65 | 65 | | 25.0012. |
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| 66 | 66 | | SECTION 5. This Act applies beginning with the 2015-2016 |
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| 67 | 67 | | school year. |
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| 68 | 68 | | SECTION 6. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2015. |
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