Texas 2017 - 85th Regular

Texas House Bill HB1640 Compare Versions

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11 85R25537 MK-D
22 By: Vo, Bernal H.B. No. 1640
3- Substitute the following for H.B. No. 1640:
4- By: Minjarez C.S.H.B. No. 1640
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64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to ensuring continuity of education for homeless children
108 and foster care youth and access to higher education, career
119 information, and skills certification for foster care youth and
1210 former foster care youth.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Section 25.007(b), Education Code, as amended by
1513 Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),
1614 Acts of the 84th Legislature, Regular Session, 2015, is reenacted
1715 and amended to read as follows:
1816 (b) In recognition of the challenges faced by students who
1917 are homeless or in substitute care, the agency shall assist the
2018 transition of students who are homeless or in substitute care from
2119 one school to another by:
2220 (1) ensuring that school records for a student who is
2321 homeless or in substitute care are transferred to the student's new
2422 school not later than the 10th working day after the date the
2523 student begins enrollment at the school;
2624 (2) developing systems to ease transition of a student
2725 who is homeless or in substitute care during the first two weeks of
2826 enrollment at a new school;
2927 (3) developing procedures for awarding credit,
3028 including partial credit if appropriate, for course work, including
3129 electives, completed by a student who is homeless or in substitute
3230 care while enrolled at another school;
3331 (4) developing procedures to ensure that a new school
3432 relies on decisions made by the previous school regarding placement
3533 in courses or educational programs of a student who is homeless or
3634 in substitute care and places the student in comparable courses or
3735 educational programs at the new school, if those courses or
3836 programs are available;
3937 (5) promoting practices that facilitate access by a
4038 student who is homeless or in substitute care to extracurricular
4139 programs, summer programs, credit transfer services, electronic
4240 courses provided under Chapter 30A, and after-school tutoring
4341 programs at nominal or no cost;
4442 (6) [(5)] establishing procedures to lessen the
4543 adverse impact of the movement of a student who is homeless or in
4644 substitute care to a new school;
4745 (7) [(6)] entering into a memorandum of understanding
4846 with the Department of Family and Protective Services regarding the
4947 exchange of information as appropriate to facilitate the transition
5048 of students in substitute care from one school to another;
5149 (8) [(7)] encouraging school districts and
5250 open-enrollment charter schools to provide services for a student
5351 who is homeless or in substitute care in transition when applying
5452 for admission to postsecondary study and when seeking sources of
5553 funding for postsecondary study;
5654 (9) [(8)] requiring school districts, campuses, and
5755 open-enrollment charter schools to accept a referral for special
5856 education services made for a student who is homeless or in
5957 substitute care by a school previously attended by the student, and
6058 to provide comparable services to the student during the referral
6159 process or until the new school develops an individualized
6260 education program for the student;
6361 (10) [(9)] requiring school districts, campuses, and
6462 open-enrollment charter schools to provide notice to the child's
6563 educational decision-maker and caseworker regarding events that
6664 may significantly impact the education of a child, including:
6765 (A) requests or referrals for an evaluation under
6866 Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
6967 special education under Section 29.003;
7068 (B) admission, review, and dismissal committee
7169 meetings;
7270 (C) manifestation determination reviews required
7371 by Section 37.004(b);
7472 (D) any disciplinary actions under Chapter 37 for
7573 which parental notice is required;
7674 (E) citations issued for Class C misdemeanor
7775 offenses on school property or at school-sponsored activities;
7876 (F) reports of restraint and seclusion required
7977 by Section 37.0021; and
8078 (G) use of corporal punishment as provided by
8179 Section 37.0011;
8280 (11) [(10)] developing procedures for allowing a
8381 student who is homeless or in substitute care who was previously
8482 enrolled in a course required for graduation the opportunity, to
8583 the extent practicable, to complete the course, at no cost to the
8684 student, before the beginning of the next school year;
8785 (12) [(11)] ensuring that a student who is homeless or
8886 in substitute care who is not likely to receive a high school
8987 diploma before the fifth school year following the student's
9088 enrollment in grade nine, as determined by the district, has the
9189 student's course credit accrual and personal graduation plan
9290 reviewed;
9391 (13) [(12)] ensuring that a student in substitute care
9492 who is in grade 11 or 12 be provided information regarding tuition
9593 and fee exemptions under Section 54.366 for dual-credit or other
9694 courses provided by a public institution of higher education for
9795 which a high school student may earn joint high school and college
9896 credit; [and]
9997 (14) [(13)] designating at least one agency employee
10098 to act as a liaison officer regarding educational issues related to
10199 students in the conservatorship of the Department of Family and
102100 Protective Services; and
103101 (15) [(14)] providing other assistance as identified
104102 by the agency.
105103 SECTION 2. Section 25.007, Education Code, is amended by
106104 adding Subsection (c) to read as follows:
107105 (c) The commissioner may establish rules to implement this
108106 section and to facilitate the transition between schools of
109107 children who are homeless or in substitute care.
110108 SECTION 3. Subchapter B, Chapter 264, Family Code, is
111109 amended by adding Section 264.1211 to read as follows:
112110 Sec. 264.1211. CAREER DEVELOPMENT AND EDUCATION PROGRAM.
113111 (a) The department shall collaborate with local workforce
114112 development boards, foster care transition centers, community and
115113 technical colleges, schools, and any other appropriate workforce
116114 industry resources to create a program that:
117115 (1) assists foster care youth and former foster care
118116 youth in obtaining:
119117 (A) a high school diploma or a high school
120118 equivalency certificate; and
121119 (B) industry certifications that are necessary
122120 for occupations that are in high demand;
123121 (2) provides career guidance to foster care youth and
124122 former foster care youth; and
125123 (3) informs foster care youth and former foster care
126124 youth about the tuition and fee waivers for institutions of higher
127125 education that are available under Section 54.366, Education Code.
128126 (b) Not later than September 1, 2018, the department, in
129127 collaboration with the Texas Education Agency, shall produce a
130128 report on the program created under Subsection (a). The report must
131129 include recommendations for legislative or other action to further
132130 develop the program. The department shall submit the report to the
133131 governor, the lieutenant governor, the speaker of the house of
134132 representatives, and the standing committees of the legislature
135133 with jurisdiction over education. This subsection expires
136134 September 1, 2019.
137135 SECTION 4. Section 25.007(b), Education Code, as reenacted
138136 and amended by this Act, applies beginning with the 2017-2018
139137 school year.
140138 SECTION 5. To the extent of any conflict, this Act prevails
141139 over another Act of the 85th Legislature, Regular Session, 2017,
142140 relating to nonsubstantive additions to and corrections in enacted
143141 codes.
144142 SECTION 6. This Act takes effect immediately if it receives
145143 a vote of two-thirds of all the members elected to each house, as
146144 provided by Section 39, Article III, Texas Constitution. If this
147145 Act does not receive the vote necessary for immediate effect, this
148146 Act takes effect September 1, 2017.