Texas 2019 - 86th Regular

Texas House Bill HB3195 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3195
	1	+	By: Wu, et al. (Senate Sponsor - Whitmire) H.B. No. 3195
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 9, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; May 9, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to juveniles committed to the Texas Juvenile Justice
6		-	Department and the transition of students from alternative
7		-	education programs to regular classrooms.
	12	+	Department.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Subchapter A, Chapter 37, Education Code, is
10		-	amended by adding Section 37.023 to read as follows:
11		-	Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM
12		-	TO REGULAR CLASSROOM. (a) In this section:
13		-	(1) "Alternative education program" includes:
14		-	(A) a disciplinary alternative education program
15		-	operated by a school district or open-enrollment charter school;
16		-	(B) a juvenile justice alternative education
17		-	program; and
18		-	(C) a residential program or facility operated by
19		-	or under contract with the Texas Juvenile Justice Department, a
20		-	juvenile board, or any other governmental entity.
21		-	(2) "Licensed clinical social worker" has the meaning
22		-	assigned by Section 505.002, Occupations Code.
23		-	(b) As soon as practicable after an alternative education
24		-	program determines the date of a student's release from the
25		-	program, the alternative education program administrator shall:
26		-	(1) provide written notice of that date to:
27		-	(A) the student's parent or a person standing in
28		-	parental relation to the student; and
29		-	(B) the administrator of the campus to which the
30		-	student intends to transition; and
31		-	(2) provide the campus administrator:
32		-	(A) an assessment of the student's academic
33		-	growth while attending the alternative education program; and
34		-	(B) the results of any assessment instruments
35		-	administered to the student.
36		-	(c) Not later than five instructional days after the date of
37		-	a student's release from an alternative education program, the
38		-	campus administrator shall coordinate the student's transition to a
39		-	regular classroom. The coordination must include assistance and
40		-	recommendations from:
41		-	(1) school counselors;
42		-	(2) school district peace officers;
43		-	(3) school resource officers;
44		-	(4) licensed clinical social workers;
45		-	(5) campus behavior coordinators;
46		-	(6) classroom teachers who are or may be responsible
47		-	for implementing the student's personalized transition plan
48		-	developed under Subsection (d); and
49		-	(7) any other appropriate school district personnel.
50		-	(d) The assistance required by Subsection (c) must include a
51		-	personalized transition plan for the student developed by the
52		-	campus administrator. A personalized transition plan:
53		-	(1) must include recommendations for the best
54		-	educational placement of the student; and
55		-	(2) may include:
56		-	(A) recommendations for counseling, behavioral
57		-	management, or academic assistance for the student with a
58		-	concentration on the student's academic or career goals;
59		-	(B) recommendations for assistance for obtaining
60		-	access to mental health services provided by the district or
61		-	school, a local mental health authority, or another private or
62		-	public entity;
63		-	(C) the provision of information to the student's
64		-	parent or a person standing in parental relation to the student
65		-	about the process to request a full individual and initial
66		-	evaluation of the student for purposes of special education
67		-	services under Section 29.004; and
68		-	(D) a regular review of the student's progress
69		-	toward the student's academic or career goals.
70		-	(e) If practicable, the campus administrator, or the
71		-	administrator's designee, shall meet with the student's parent or a
72		-	person standing in parental relation to the student to coordinate
73		-	plans for the student's transition.
74		-	(f) This section applies only to a student subject to
75		-	compulsory attendance requirements under Section 25.085.
76		-	SECTION 2. Section 59.009(a), Family Code, is amended to
	14	+	SECTION 1. Section 59.009(a), Family Code, is amended to
77	15		read as follows:
78	16		(a) For a child at sanction level six, the juvenile court
79	17		may commit the child to the custody of the Texas Juvenile Justice
80	18		Department [or a post-adjudication secure correctional facility
81	19		under Section 54.04011(c)(1)]. The department[, juvenile board, or
82	20		local juvenile probation department, as applicable,] may:
83	21		(1) require the child to participate in a highly
84	22		structured residential program that emphasizes discipline,
85	23		accountability, fitness, training, and productive work for not less
86	24		than nine months or more than 24 months unless the department
87	25		reduces or[, board, or probation department] extends the period and
88	26		the reason for the reduction or [an] extension is documented;
89	27		(2) require the child to make restitution to the
90	28		victim of the child's conduct or perform community service
91	29		restitution appropriate to the nature and degree of the harm caused
92	30		and according to the child's ability, if there is a victim of the
93	31		child's conduct;
94	32		(3) require the child and the child's parents or
95	33		guardians to participate in programs and services for their
96	34		particular needs and circumstances; and
97	35		(4) if appropriate, impose additional sanctions.
98		-	SECTION 3. Section 244.003(b), Human Resources Code, is
	36	+	SECTION 2. Section 244.003(b), Human Resources Code, is
99	37		amended to read as follows:
100	38		(b) Except as provided by Section 243.051(c), these records
101	39		and all other information concerning a child, including personally
102	40		identifiable information, are not public and are available only:
103	41		(1) according to the provisions of Section 58.005,
104	42		Family Code, Section 244.051 of this code, and Chapter 67, Code of
105	43		Criminal Procedure; or
106	44		(2) to an individual or entity assisting the
107	45		department in providing transition planning and reentry services to
108	46		the child, as determined by the department.
109		-	SECTION 4. Section 245.054(a), Human Resources Code, is
	47	+	SECTION 3. Section 245.054(a), Human Resources Code, is
110	48		amended to read as follows:
111	49		(a) In addition to providing the court with notice of
112	50		release of a child under Section 245.051(b), as soon as possible but
113	51		not later than the 10th [30th] day before the date the department
114	52		releases the child, the department shall provide the court that
115	53		committed the child to the department:
116	54		(1) a copy of the child's reentry and reintegration
117	55		plan developed under Section 245.0535; and
118	56		(2) a report concerning the progress the child has
119	57		made while committed to the department.
120		-	SECTION 5. Section 30.106(e), Education Code, is repealed.
121		-	SECTION 6. Section 37.023, Education Code, as added by this
122		-	Act, applies beginning with the 2019-2020 school year.
123		-	SECTION 7. The changes in law made by this Act to Section
	58	+	SECTION 4. Section 30.106(e), Education Code, is repealed.
	59	+	SECTION 5. The changes in law made by this Act to Section
124	60		59.009(a), Family Code, do not apply to a child committed to a
125	61		post-adjudication secure correctional facility under former
126	62		Section 54.04011(c)(1), Family Code, and the former law is
127	63		continued in effect for a child committed to the facility.
128		-	SECTION 8. This Act takes effect September 1, 2019.
129		-	______________________________ ______________________________
130		-	President of the Senate Speaker of the House
131		-	I certify that H.B. No. 3195 was passed by the House on April
132		-	25, 2019, by the following vote: Yeas 105, Nays 31, 1 present, not
133		-	voting; and that the House concurred in Senate amendments to H.B.
134		-	No. 3195 on May 24, 2019, by the following vote: Yeas 102, Nays 40,
135		-	2 present, not voting.
136		-	______________________________
137		-	Chief Clerk of the House
138		-	I certify that H.B. No. 3195 was passed by the Senate, with
139		-	amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
140		-	1.
141		-	______________________________
142		-	Secretary of the Senate
143		-	APPROVED: __________________
144		-	Date
145		-	__________________
146		-	Governor
	64	+	SECTION 6. This Act takes effect September 1, 2019.
	65	+	* * * * *