5 | 3 | | |
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6 | 4 | | |
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7 | 5 | | A BILL TO BE ENTITLED |
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8 | 6 | | AN ACT |
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9 | 7 | | relating to ensuring continuity of education for homeless children |
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10 | 8 | | and foster care youth and access to higher education, career |
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11 | 9 | | information, and skills certification for foster care youth and |
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12 | 10 | | former foster care youth. |
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13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 12 | | SECTION 1. Section 25.007(b), Education Code, as amended by |
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15 | 13 | | Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494), |
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16 | 14 | | Acts of the 84th Legislature, Regular Session, 2015, is reenacted |
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17 | 15 | | and amended to read as follows: |
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18 | 16 | | (b) In recognition of the challenges faced by students who |
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19 | 17 | | are homeless or in substitute care, the agency shall assist the |
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20 | 18 | | transition of students who are homeless or in substitute care from |
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21 | 19 | | one school to another by: |
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22 | 20 | | (1) ensuring that school records for a student who is |
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23 | 21 | | homeless or in substitute care are transferred to the student's new |
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24 | 22 | | school not later than the 10th working day after the date the |
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25 | 23 | | student begins enrollment at the school; |
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26 | 24 | | (2) developing systems to ease transition of a student |
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27 | 25 | | who is homeless or in substitute care during the first two weeks of |
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28 | 26 | | enrollment at a new school; |
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29 | 27 | | (3) developing procedures for awarding credit, |
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30 | 28 | | including partial credit if appropriate, for course work, including |
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31 | 29 | | electives, completed by a student who is homeless or in substitute |
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32 | 30 | | care while enrolled at another school; |
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33 | 31 | | (4) developing procedures to ensure that a new school |
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34 | 32 | | relies on decisions made by the previous school regarding placement |
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35 | 33 | | in courses or educational programs of a student who is homeless or |
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36 | 34 | | in substitute care and places the student in comparable courses or |
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37 | 35 | | educational programs at the new school, if those courses or |
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38 | 36 | | programs are available; |
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39 | 37 | | (5) promoting practices that facilitate access by a |
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40 | 38 | | student who is homeless or in substitute care to extracurricular |
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41 | 39 | | programs, summer programs, credit transfer services, electronic |
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42 | 40 | | courses provided under Chapter 30A, and after-school tutoring |
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43 | 41 | | programs at nominal or no cost; |
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44 | 42 | | (6) [(5)] establishing procedures to lessen the |
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45 | 43 | | adverse impact of the movement of a student who is homeless or in |
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46 | 44 | | substitute care to a new school; |
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47 | 45 | | (7) [(6)] entering into a memorandum of understanding |
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48 | 46 | | with the Department of Family and Protective Services regarding the |
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49 | 47 | | exchange of information as appropriate to facilitate the transition |
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50 | 48 | | of students in substitute care from one school to another; |
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51 | 49 | | (8) [(7)] encouraging school districts and |
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52 | 50 | | open-enrollment charter schools to provide services for a student |
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53 | 51 | | who is homeless or in substitute care in transition when applying |
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54 | 52 | | for admission to postsecondary study and when seeking sources of |
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55 | 53 | | funding for postsecondary study; |
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56 | 54 | | (9) [(8)] requiring school districts, campuses, and |
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57 | 55 | | open-enrollment charter schools to accept a referral for special |
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58 | 56 | | education services made for a student who is homeless or in |
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59 | 57 | | substitute care by a school previously attended by the student, and |
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60 | 58 | | to provide comparable services to the student during the referral |
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61 | 59 | | process or until the new school develops an individualized |
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62 | 60 | | education program for the student; |
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63 | 61 | | (10) [(9)] requiring school districts, campuses, and |
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64 | 62 | | open-enrollment charter schools to provide notice to the child's |
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65 | 63 | | educational decision-maker and caseworker regarding events that |
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66 | 64 | | may significantly impact the education of a child, including: |
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67 | 65 | | (A) requests or referrals for an evaluation under |
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68 | 66 | | Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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69 | 67 | | special education under Section 29.003; |
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70 | 68 | | (B) admission, review, and dismissal committee |
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71 | 69 | | meetings; |
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72 | 70 | | (C) manifestation determination reviews required |
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73 | 71 | | by Section 37.004(b); |
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74 | 72 | | (D) any disciplinary actions under Chapter 37 for |
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75 | 73 | | which parental notice is required; |
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76 | 74 | | (E) citations issued for Class C misdemeanor |
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77 | 75 | | offenses on school property or at school-sponsored activities; |
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78 | 76 | | (F) reports of restraint and seclusion required |
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79 | 77 | | by Section 37.0021; and |
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80 | 78 | | (G) use of corporal punishment as provided by |
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81 | 79 | | Section 37.0011; |
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82 | 80 | | (11) [(10)] developing procedures for allowing a |
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83 | 81 | | student who is homeless or in substitute care who was previously |
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84 | 82 | | enrolled in a course required for graduation the opportunity, to |
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85 | 83 | | the extent practicable, to complete the course, at no cost to the |
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86 | 84 | | student, before the beginning of the next school year; |
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87 | 85 | | (12) [(11)] ensuring that a student who is homeless or |
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88 | 86 | | in substitute care who is not likely to receive a high school |
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89 | 87 | | diploma before the fifth school year following the student's |
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90 | 88 | | enrollment in grade nine, as determined by the district, has the |
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91 | 89 | | student's course credit accrual and personal graduation plan |
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92 | 90 | | reviewed; |
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93 | 91 | | (13) [(12)] ensuring that a student in substitute care |
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94 | 92 | | who is in grade 11 or 12 be provided information regarding tuition |
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95 | 93 | | and fee exemptions under Section 54.366 for dual-credit or other |
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96 | 94 | | courses provided by a public institution of higher education for |
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97 | 95 | | which a high school student may earn joint high school and college |
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98 | 96 | | credit; [and] |
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99 | 97 | | (14) [(13)] designating at least one agency employee |
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100 | 98 | | to act as a liaison officer regarding educational issues related to |
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101 | 99 | | students in the conservatorship of the Department of Family and |
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102 | 100 | | Protective Services; and |
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103 | 101 | | (15) [(14)] providing other assistance as identified |
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104 | 102 | | by the agency. |
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105 | 103 | | SECTION 2. Section 25.007, Education Code, is amended by |
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106 | 104 | | adding Subsection (c) to read as follows: |
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107 | 105 | | (c) The commissioner may establish rules to implement this |
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108 | 106 | | section and to facilitate the transition between schools of |
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109 | 107 | | children who are homeless or in substitute care. |
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110 | 108 | | SECTION 3. Subchapter B, Chapter 264, Family Code, is |
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111 | 109 | | amended by adding Section 264.1211 to read as follows: |
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112 | 110 | | Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM. |
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113 | 111 | | (a) The department shall collaborate with local workforce |
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114 | 112 | | development boards, foster care transition centers, community and |
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115 | 113 | | technical colleges, schools, and any other appropriate workforce |
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116 | 114 | | industry resources to create a program that: |
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117 | 115 | | (1) assists foster care youth and former foster care |
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118 | 116 | | youth in obtaining: |
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119 | 117 | | (A) a high school diploma or a high school |
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120 | 118 | | equivalency certificate; and |
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121 | 119 | | (B) industry certifications that are necessary |
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122 | 120 | | for occupations that are in high demand; |
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123 | 121 | | (2) provides career guidance to foster care youth and |
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124 | 122 | | former foster care youth; and |
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125 | 123 | | (3) informs foster care youth and former foster care |
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126 | 124 | | youth about the tuition and fee waivers for institutions of higher |
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127 | 125 | | education that are available under Section 54.366, Education Code. |
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128 | 126 | | (b) Not later than September 1, 2018, the department, in |
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129 | 127 | | collaboration with the Texas Education Agency, shall produce a |
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130 | 128 | | report on the program created under Subsection (a). The report must |
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131 | 129 | | include recommendations for legislative or other action to further |
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132 | 130 | | develop the program. The department shall submit the report to the |
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133 | 131 | | governor, the lieutenant governor, the speaker of the house of |
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134 | 132 | | representatives, and the standing committees of the legislature |
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135 | 133 | | with jurisdiction over education. This subsection expires |
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136 | 134 | | September 1, 2019. |
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137 | 135 | | SECTION 4. Section 25.007(b), Education Code, as reenacted |
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138 | 136 | | and amended by this Act, applies beginning with the 2017-2018 |
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139 | 137 | | school year. |
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140 | 138 | | SECTION 5. To the extent of any conflict, this Act prevails |
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141 | 139 | | over another Act of the 85th Legislature, Regular Session, 2017, |
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142 | 140 | | relating to nonsubstantive additions to and corrections in enacted |
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143 | 141 | | codes. |
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144 | 142 | | SECTION 6. This Act takes effect immediately if it receives |
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145 | 143 | | a vote of two-thirds of all the members elected to each house, as |
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146 | 144 | | provided by Section 39, Article III, Texas Constitution. If this |
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147 | 145 | | Act does not receive the vote necessary for immediate effect, this |
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148 | 146 | | Act takes effect September 1, 2017. |
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