85R25537 MK-D
By: Vo, Bernal H.B. No. 1640
Substitute the following for H.B. No. 1640:
By: Minjarez C.S.H.B. No. 1640
A BILL TO BE ENTITLED
AN ACT
relating to ensuring continuity of education for homeless children
and foster care youth and access to higher education, career
information, and skills certification for foster care youth and
former foster care youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.007(b), Education Code, as amended by
Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),
Acts of the 84th Legislature, Regular Session, 2015, is reenacted
and amended to read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, electronic
courses provided under Chapter 30A, and after-school tutoring
programs at nominal or no cost;
(6) [(5)] establishing procedures to lessen the
adverse impact of the movement of a student who is homeless or in
substitute care to a new school;
(7) [(6)] entering into a memorandum of understanding
with the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(8) [(7)] encouraging school districts and
open-enrollment charter schools to provide services for a student
who is homeless or in substitute care in transition when applying
for admission to postsecondary study and when seeking sources of
funding for postsecondary study;
(9) [(8)] requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) [(9)] requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021; and
(G) use of corporal punishment as provided by
Section 37.0011;
(11) [(10)] developing procedures for allowing a
student who is homeless or in substitute care who was previously
enrolled in a course required for graduation the opportunity, to
the extent practicable, to complete the course, at no cost to the
student, before the beginning of the next school year;
(12) [(11)] ensuring that a student who is homeless or
in substitute care who is not likely to receive a high school
diploma before the fifth school year following the student's
enrollment in grade nine, as determined by the district, has the
student's course credit accrual and personal graduation plan
reviewed;
(13) [(12)] ensuring that a student in substitute care
who is in grade 11 or 12 be provided information regarding tuition
and fee exemptions under Section 54.366 for dual-credit or other
courses provided by a public institution of higher education for
which a high school student may earn joint high school and college
credit; [and]
(14) [(13)] designating at least one agency employee
to act as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(15) [(14)] providing other assistance as identified
by the agency.
SECTION 2. Section 25.007, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The commissioner may establish rules to implement this
section and to facilitate the transition between schools of
children who are homeless or in substitute care.
SECTION 3. Subchapter B, Chapter 264, Family Code, is
amended by adding Section 264.1211 to read as follows:
Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM.
(a) The department shall collaborate with local workforce
development boards, foster care transition centers, community and
technical colleges, schools, and any other appropriate workforce
industry resources to create a program that:
(1) assists foster care youth and former foster care
youth in obtaining:
(A) a high school diploma or a high school
equivalency certificate; and
(B) industry certifications that are necessary
for occupations that are in high demand;
(2) provides career guidance to foster care youth and
former foster care youth; and
(3) informs foster care youth and former foster care
youth about the tuition and fee waivers for institutions of higher
education that are available under Section 54.366, Education Code.
(b) Not later than September 1, 2018, the department, in
collaboration with the Texas Education Agency, shall produce a
report on the program created under Subsection (a). The report must
include recommendations for legislative or other action to further
develop the program. The department shall submit the report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the standing committees of the legislature
with jurisdiction over education. This subsection expires
September 1, 2019.
SECTION 4. Section 25.007(b), Education Code, as reenacted
and amended by this Act, applies beginning with the 2017-2018
school year.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
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, 2017.