Texas 2019 - 86th Regular

Texas House Bill HB3521 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6285 TSS-F
2	2	By: VanDeaver H.B. No. 3521
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to data collection, reporting, and notice requirements for
8	8	certain educational entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. DATA COLLECTION, REPORTING, AND UTILIZATION
11	11	SECTION 1.01. Section 5.001, Education Code, is amended by
12	12	adding Subdivision (1-a) to read as follows:
13	13	(1-a) "Child who is homeless," "person who is
14	14	homeless," and "student who is homeless" have the meaning assigned
15	15	to the term "homeless children and youths" under 42 U.S.C. Section
16	16	11434a.
17	17	SECTION 1.02. Section 21.0452(b), Education Code, is
18	18	amended to read as follows:
19	19	(b) The board shall make available at least the following
20	20	information regarding each educator preparation program:
21	21	(1) the information specified in Sections 21.045(a)
22	22	and (b);
23	23	(2) in addition to any other appropriate information
24	24	indicating the quality of persons admitted to the program, the
25	25	average academic qualifications possessed by persons admitted to
26	26	the program, including:
27	27	(A) average overall grade point average and
28	28	average grade point average in specific subject areas; and
29	29	(B) average scores on the Scholastic Assessment
30	30	Test (SAT), the American College Test (ACT), or the Graduate Record
31	31	Examination (GRE), as applicable;
32	32	(3) the degree to which persons who complete the
33	33	program are successful in obtaining teaching positions;
34	34	(4) the extent to which the program prepares teachers,
35	35	including general education teachers and special education
36	36	teachers, to effectively teach:
37	37	(A) students with disabilities; and
38	38	(B) students of limited English proficiency, as
39	39	defined by Section 29.052;
40	40	(5) the activities offered by the program that are
41	41	designed to prepare teachers to:
42	42	(A) integrate technology effectively into
43	43	curricula and instruction, including activities consistent with
44	44	the principles of universal design for learning; and
45	45	(B) use technology effectively to collect,
46	46	manage, and analyze data to improve teaching and learning for the
47	47	purpose of increasing student academic achievement;
48	48	(6) for each semester, the average ratio of field
49	49	supervisors to candidates completing student teaching, clinical
50	50	teaching, or an internship in an educator preparation program;
51	51	(7) the percentage of teachers employed under a
52	52	standard teaching certificate within one year of completing the
53	53	program;
54	54	(8) the perseverance of beginning teachers in the
55	55	profession, based on information reported through the Public
56	56	Education Information Management System (PEIMS) providing [as
57	57	determined on the basis of] the number of beginning teachers
58	58	employed as classroom teachers [who maintain status as active
59	59	contributing members in the Teacher Retirement System of Texas] for
60	60	at least three years after certification in comparison to similar
61	61	programs;
62	62	(9) the results of exit surveys given to program
63	63	participants on completion of the program that involve evaluation
64	64	of the program's effectiveness in preparing participants to succeed
65	65	in the classroom;
66	66	(10) the results of surveys given to school principals
67	67	that involve evaluation of the program's effectiveness in preparing
68	68	participants to succeed in the classroom, based on experience with
69	69	employed program participants; and
70	70	(11) the results of teacher satisfaction surveys
71	71	developed under Section 21.045 and given to program participants at
72	72	the end of the first year of teaching.
73	73	SECTION 1.03. Section 25.001(b), Education Code, is amended
74	74	to read as follows:
75	75	(b) The board of trustees of a school district or its
76	76	designee shall admit into the public schools of the district free of
77	77	tuition a person who is over five and younger than 21 years of age on
78	78	the first day of September of the school year in which admission is
79	79	sought, and may admit a person who is at least 21 years of age and
80	80	under 26 years of age for the purpose of completing the requirements
81	81	for a high school diploma, if:
82	82	(1) the person and either parent of the person reside
83	83	in the school district;
84	84	(2) the person does not reside in the school district
85	85	but a parent of the person resides in the school district and that
86	86	parent is a joint managing conservator or the sole managing
87	87	conservator or possessory conservator of the person;
88	88	(3) the person and the person's guardian or other
89	89	person having lawful control of the person under a court order
90	90	reside within the school district;
91	91	(4) the person has established a separate residence
92	92	under Subsection (d);
93	93	(5) the person is homeless[, as defined by 42 U.S.C.
94	94	Section 11302], regardless of the residence of the person, of
95	95	either parent of the person, or of the person's guardian or other
96	96	person having lawful control of the person;
97	97	(6) the person is a foreign exchange student placed
98	98	with a host family that resides in the school district by a
99	99	nationally recognized foreign exchange program, unless the school
100	100	district has applied for and been granted a waiver by the
101	101	commissioner under Subsection (e);
102	102	(7) the person resides at a residential facility
103	103	located in the district;
104	104	(8) the person resides in the school district and is 18
105	105	years of age or older or the person's disabilities of minority have
106	106	been removed; or
107	107	(9) the person does not reside in the school district
108	108	but the grandparent of the person:
109	109	(A) resides in the school district; and
110	110	(B) provides a substantial amount of
111	111	after-school care for the person as determined by the board.
112	112	SECTION 1.04. Section 25.086(a), Education Code, is amended
113	113	to read as follows:
114	114	(a) A child is exempt from the requirements of compulsory
115	115	school attendance if the child:
116	116	(1) attends a private or parochial school that
117	117	includes in its course a study of good citizenship;
118	118	(2) is eligible to participate in a school district's
119	119	special education program under Section 29.003 and cannot be
120	120	appropriately served by the resident district;
121	121	(3) has a physical or mental condition of a temporary
122	122	and remediable nature that makes the child's attendance infeasible
123	123	and holds a certificate from a qualified physician specifying the
124	124	temporary condition, indicating the treatment prescribed to remedy
125	125	the temporary condition, and covering the anticipated period of the
126	126	child's absence from school for the purpose of receiving and
127	127	recuperating from that remedial treatment;
128	128	(4) is expelled in accordance with the requirements of
129	129	law in a school district that does not participate in a mandatory
130	130	juvenile justice alternative education program under Section
131	131	37.011;
132	132	(5) is at least 17 years of age and:
133	133	(A) is attending a course of instruction to
134	134	prepare for the high school equivalency examination, and:
135	135	(i) has the permission of the child's parent
136	136	or guardian to attend the course;
137	137	(ii) is required by court order to attend
138	138	the course;
139	139	(iii) has established a residence separate
140	140	and apart from the child's parent, guardian, or other person having
141	141	lawful control of the child; or
142	142	(iv) is homeless [as defined by 42 U.S.C.
143	143	Section 11302]; or
144	144	(B) has received a high school diploma or high
145	145	school equivalency certificate;
146	146	(6) is at least 16 years of age and is attending a
147	147	course of instruction to prepare for the high school equivalency
148	148	examination, if:
149	149	(A) the child is recommended to take the course
150	150	of instruction by a public agency that has supervision or custody of
151	151	the child under a court order; or
152	152	(B) the child is enrolled in a Job Corps training
153	153	program under the Workforce Investment Act of 1998 (29 U.S.C.
154	154	Section 2801 et seq.);
155	155	(7) is at least 16 years of age and is enrolled in a
156	156	high school diploma program under Chapter 18;
157	157	(8) is enrolled in the Texas Academy of Mathematics
158	158	and Science under Subchapter G, Chapter 105;
159	159	(9) is enrolled in the Texas Academy of Leadership in
160	160	the Humanities;
161	161	(10) is enrolled in the Texas Academy of Mathematics
162	162	and Science at The University of Texas at Brownsville;
163	163	(11) is enrolled in the Texas Academy of International
164	164	Studies; or
165	165	(12) is specifically exempted under another law.
166	166	SECTION 1.05. Section 28.025(i), Education Code, is amended
167	167	to read as follows:
168	168	(i) If an 11th or 12th grade student who is homeless or in
169	169	the conservatorship of the Department of Family and Protective
170	170	Services transfers to a different school district and the student
171	171	is ineligible to graduate from the district to which the student
172	172	transfers, the district from which the student transferred shall
173	173	award a diploma at the student's request, if the student meets the
174	174	graduation requirements of the district from which the student
175	175	transferred. [In this subsection, "student who is homeless" has
176	176	the meaning assigned to the term "homeless children and youths"
177	177	under 42 U.S.C. Section 11434a.]
178	178	SECTION 1.06. Section 29.081(d), Education Code, is amended
179	179	to read as follows:
180	180	(d) For purposes of this section, "student at risk of
181	181	dropping out of school" includes each student who is under 26 years
182	182	of age and who:
183	183	(1) was not advanced from one grade level to the next
184	184	for one or more school years;
185	185	(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
186	186	did not maintain an average equivalent to 70 on a scale of 100 in two
187	187	or more subjects in the foundation curriculum during a semester in
188	188	the preceding or current school year or is not maintaining such an
189	189	average in two or more subjects in the foundation curriculum in the
190	190	current semester;
191	191	(3) did not perform satisfactorily on an assessment
192	192	instrument administered to the student under Subchapter B, Chapter
193	193	39, and who has not in the previous or current school year
194	194	subsequently performed on that instrument or another appropriate
195	195	instrument at a level equal to at least 110 percent of the level of
196	196	satisfactory performance on that instrument;
197	197	(4) if the student is in prekindergarten,
198	198	kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
199	199	a readiness test or assessment instrument administered during the
200	200	current school year;
201	201	(5) is pregnant or is a parent;
202	202	(6) has been placed in an alternative education
203	203	program in accordance with Section 37.006 during the preceding or
204	204	current school year;
205	205	(7) has been expelled in accordance with Section
206	206	37.007 during the preceding or current school year;
207	207	(8) is currently on parole, probation, deferred
208	208	prosecution, or other conditional release;
209	209	(9) was previously reported through the Public
210	210	Education Information Management System (PEIMS) to have dropped out
211	211	of school;
212	212	(10) is a student of limited English proficiency, as
213	213	defined by Section 29.052;
214	214	(11) is in the custody or care of the Department of
215	215	Family and Protective Services or has, during the current school
216	216	year, been referred to the department by a school official, officer
217	217	of the juvenile court, or law enforcement official;
218	218	(12) is homeless[, as defined by 42 U.S.C. Section
219	219	11302, and its subsequent amendments]; or
220	220	(13) resided in the preceding school year or resides
221	221	in the current school year in a residential placement facility in
222	222	the district, including a detention facility, substance abuse
223	223	treatment facility, emergency shelter, psychiatric hospital,
224	224	halfway house, cottage home operation, specialized child-care
225	225	home, or general residential operation.
226	226	SECTION 1.07. Section 29.153(b), Education Code, is amended
227	227	to read as follows:
228	228	(b) A child is eligible for enrollment in a prekindergarten
229	229	class under this section if the child is at least three years of age
230	230	and:
231	231	(1) is unable to speak and comprehend the English
232	232	language;
233	233	(2) is educationally disadvantaged;
234	234	(3) is [a] homeless [child, as defined by 42 U.S.C.
235	235	Section 11434a], regardless of the residence of the child, of
236	236	either parent of the child, or of the child's guardian or other
237	237	person having lawful control of the child;
238	238	(4) is the child of an active duty member of the armed
239	239	forces of the United States, including the state military forces or
240	240	a reserve component of the armed forces, who is ordered to active
241	241	duty by proper authority;
242	242	(5) is the child of a member of the armed forces of the
243	243	United States, including the state military forces or a reserve
244	244	component of the armed forces, who was injured or killed while
245	245	serving on active duty;
246	246	(6) is or ever has been in the conservatorship of the
247	247	Department of Family and Protective Services following an adversary
248	248	hearing held as provided by Section 262.201, Family Code; or
249	249	(7) is the child of a person eligible for the Star of
250	250	Texas Award as:
251	251	(A) a peace officer under Section 3106.002,
252	252	Government Code;
253	253	(B) a firefighter under Section 3106.003,
254	254	Government Code; or
255	255	(C) an emergency medical first responder under
256	256	Section 3106.004, Government Code.
257	257	SECTION 1.08. Section 31.103(b), Education Code, is amended
258	258	to read as follows:
259	259	(b) A school district or open-enrollment charter school
260	260	shall make a requisition for instructional material using the
261	261	online requisition program maintained by the commissioner [not
262	262	later than June 1 of each year]. The publisher or manufacturer
263	263	shall fill a requisition approved by the agency.
264	264	SECTION 1.09. Sections 33.906(a) and (c), Education Code,
265	265	are amended to read as follows:
266	266	(a) Except as provided by Subsection (e), each school that
267	267	maintains an Internet website shall post on the website information
268	268	regarding local programs and services, including charitable
269	269	programs and services, available to assist [homeless] students who
270	270	are homeless.
271	271	(c) A representative of a local program or service available
272	272	to assist [homeless] students who are homeless may request to have
273	273	information concerning the program or service posted on a school's
274	274	website. A school may determine the information that is posted on
275	275	the school's website and is not required to post information as
276	276	requested by the representative.
277	277	SECTION 1.10. Section 38.209(a), Education Code, is amended
278	278	to read as follows:
279	279	(a) Not later than the 10th business day after the date a
280	280	school personnel member or school volunteer administers an
281	281	epinephrine auto-injector in accordance with a policy adopted under
282	282	Section 38.208(a), the school shall report the information required
283	283	under Subsection (b) to:
284	284	(1) the school district, the charter holder if the
285	285	school is an open-enrollment charter school, or the governing body
286	286	of the school if the school is a private school;
287	287	(2) the physician or other person who prescribed the
288	288	epinephrine auto-injector; and
289	289	(3) [the commissioner of education; and
290	290	[(4)] the commissioner of state health services.
291	291	SECTION 1.11. Section 39.0233(a), Education Code, is
292	292	amended to read as follows:
293	293	(a) The agency, in coordination with the Texas Higher
294	294	Education Coordinating Board, shall adopt a series of questions to
295	295	be included in an end-of-course assessment instrument administered
296	296	under Section 39.023(c) to be used for purposes of Subchapter F-1,
297	297	Chapter 51. The questions adopted under this subsection must be
298	298	developed in a manner consistent with any college readiness
299	299	standards adopted under [Section 39.233 and] Subchapter F-1,
300	300	Chapter 51.
301	301	SECTION 1.12. Section 39.410(c), Education Code, is amended
302	302	to read as follows:
303	303	(c) The commissioner shall ensure that an evaluation
304	304	conducted under this section includes an assessment of whether
305	305	student achievement has improved. [Results of the evaluation shall
306	306	be provided through the online clearinghouse of information
307	307	relating to the best practices of campuses and school districts
308	308	established under Section 7.009.]
309	309	SECTION 1.13. Section 2265.001(a), Government Code, is
310	310	amended to read as follows:
311	311	(a) In this section, "governmental entity" means:
312	312	(1) a board, commission, or department of the state or
313	313	a political subdivision of the state, including a municipality, a
314	314	county, or any kind of district other than a school district; or
315	315	(2) an institution of higher education as defined by
316	316	Section 61.003, Education Code.
317	317	ARTICLE 2. OPEN-ENROLLMENT CHARTER SCHOOLS
318	318	SECTION 2.01. Section 12.101, Education Code, is amended by
319	319	adding Subsection (b-10) to read as follows:
320	320	(b-10) The commissioner by rule shall allow a charter holder
321	321	to provide written notice of the establishment of a new
322	322	open-enrollment charter school under Subsection (b-4)(2) up to 18
323	323	months before the date on which the campus is anticipated to open.
324	324	Notice provided to the commissioner under this section does not
325	325	obligate the charter holder to open a new campus.
326	326	SECTION 2.02. Section 12.1101, Education Code, is amended
327	327	to read as follows:
328	328	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
329	329	ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a
330	330	procedure for providing notice to the following persons on receipt
331	331	by the commissioner of an application for a charter for an
332	332	open-enrollment charter school under Section 12.110 or of notice of
333	333	the establishment of a campus as authorized under Section
334	334	12.101(b-4):
335	335	(1) the superintendent and the board of trustees of
336	336	each school district from which the proposed open-enrollment
337	337	charter school or campus is likely to draw students, as determined
338	338	by the commissioner; and
339	339	(2) each member of the legislature that represents the
340	340	geographic area to be served by the proposed school or campus, as
341	341	determined by the commissioner.
342	342	SECTION 2.03. Section 12.114, Education Code, is amended by
343	343	adding Subsection (d) to read as follows:
344	344	(d) A charter holder may submit a request for approval for
345	345	an expansion amendment up to 18 months before the date on which the
346	346	expansion will be effective. A request for approval of an expansion
347	347	amendment does not obligate the charter holder to complete the
348	348	proposed expansion.
349	349	ARTICLE 3. REPEALER
350	350	SECTION 3.01. The following provisions of the Education
351	351	Code are repealed:
352	352	(1) Section 7.009;
353	353	(2) Section 25.007(a-1);
354	354	(3) Section 39.233; and
355	355	(4) Section 44.903.
356	356	ARTICLE 4. EFFECTIVE DATE
357	357	SECTION 4.01. This Act applies beginning with the 2019-2020
358	358	school year.
359	359	SECTION 4.02. This Act takes effect immediately if it
360	360	receives a vote of two-thirds of all the members elected to each
361	361	house, as provided by Section 39, Article III, Texas Constitution.
362	362	If this Act does not receive the vote necessary for immediate
363	363	effect, this Act takes effect September 1, 2019.