86R6285 TSS-F
By: VanDeaver H.B. No. 3521
A BILL TO BE ENTITLED
AN ACT
relating to data collection, reporting, and notice requirements for
certain educational entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DATA COLLECTION, REPORTING, AND UTILIZATION
SECTION 1.01. Section 5.001, Education Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Child who is homeless," "person who is
homeless," and "student who is homeless" have the meaning assigned
to the term "homeless children and youths" under 42 U.S.C. Section
11434a.
SECTION 1.02. Section 21.0452(b), Education Code, is
amended to read as follows:
(b) The board shall make available at least the following
information regarding each educator preparation program:
(1) the information specified in Sections 21.045(a)
and (b);
(2) in addition to any other appropriate information
indicating the quality of persons admitted to the program, the
average academic qualifications possessed by persons admitted to
the program, including:
(A) average overall grade point average and
average grade point average in specific subject areas; and
(B) average scores on the Scholastic Assessment
Test (SAT), the American College Test (ACT), or the Graduate Record
Examination (GRE), as applicable;
(3) the degree to which persons who complete the
program are successful in obtaining teaching positions;
(4) the extent to which the program prepares teachers,
including general education teachers and special education
teachers, to effectively teach:
(A) students with disabilities; and
(B) students of limited English proficiency, as
defined by Section 29.052;
(5) the activities offered by the program that are
designed to prepare teachers to:
(A) integrate technology effectively into
curricula and instruction, including activities consistent with
the principles of universal design for learning; and
(B) use technology effectively to collect,
manage, and analyze data to improve teaching and learning for the
purpose of increasing student academic achievement;
(6) for each semester, the average ratio of field
supervisors to candidates completing student teaching, clinical
teaching, or an internship in an educator preparation program;
(7) the percentage of teachers employed under a
standard teaching certificate within one year of completing the
program;
(8) the perseverance of beginning teachers in the
profession, based on information reported through the Public
Education Information Management System (PEIMS) providing [as
determined on the basis of] the number of beginning teachers
employed as classroom teachers [who maintain status as active
contributing members in the Teacher Retirement System of Texas] for
at least three years after certification in comparison to similar
programs;
(9) the results of exit surveys given to program
participants on completion of the program that involve evaluation
of the program's effectiveness in preparing participants to succeed
in the classroom;
(10) the results of surveys given to school principals
that involve evaluation of the program's effectiveness in preparing
participants to succeed in the classroom, based on experience with
employed program participants; and
(11) the results of teacher satisfaction surveys
developed under Section 21.045 and given to program participants at
the end of the first year of teaching.
SECTION 1.03. Section 25.001(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free of
tuition a person who is over five and younger than 21 years of age on
the first day of September of the school year in which admission is
sought, and may admit a person who is at least 21 years of age and
under 26 years of age for the purpose of completing the requirements
for a high school diploma, if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4) the person has established a separate residence
under Subsection (d);
(5) the person is homeless[, as defined by 42 U.S.C.
Section 11302], regardless of the residence of the person, of
either parent of the person, or of the person's guardian or other
person having lawful control of the person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a residential facility
located in the district;
(8) the person resides in the school district and is 18
years of age or older or the person's disabilities of minority have
been removed; or
(9) the person does not reside in the school district
but the grandparent of the person:
(A) resides in the school district; and
(B) provides a substantial amount of
after-school care for the person as determined by the board.
SECTION 1.04. Section 25.086(a), Education Code, is amended
to read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless [as defined by 42 U.S.C.
Section 11302]; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.);
(7) is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics
and Science under Subchapter G, Chapter 105;
(9) is enrolled in the Texas Academy of Leadership in
the Humanities;
(10) is enrolled in the Texas Academy of Mathematics
and Science at The University of Texas at Brownsville;
(11) is enrolled in the Texas Academy of International
Studies; or
(12) is specifically exempted under another law.
SECTION 1.05. Section 28.025(i), Education Code, is amended
to read as follows:
(i) If an 11th or 12th grade student who is homeless or in
the conservatorship of the Department of Family and Protective
Services transfers to a different school district and the student
is ineligible to graduate from the district to which the student
transfers, the district from which the student transferred shall
award a diploma at the student's request, if the student meets the
graduation requirements of the district from which the student
transferred. [In this subsection, "student who is homeless" has
the meaning assigned to the term "homeless children and youths"
under 42 U.S.C. Section 11434a.]
SECTION 1.06. Section 29.081(d), Education Code, is amended
to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26 years
of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
did not maintain an average equivalent to 70 on a scale of 100 in two
or more subjects in the foundation curriculum during a semester in
the preceding or current school year or is not maintaining such an
average in two or more subjects in the foundation curriculum in the
current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level of
satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Family and Protective Services or has, during the current school
year, been referred to the department by a school official, officer
of the juvenile court, or law enforcement official;
(12) is homeless[, as defined by 42 U.S.C. Section
11302, and its subsequent amendments]; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, cottage home operation, specialized child-care
home, or general residential operation.
SECTION 1.07. Section 29.153(b), Education Code, is amended
to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is [a] homeless [child, as defined by 42 U.S.C.
Section 11434a], regardless of the residence of the child, of
either parent of the child, or of the child's guardian or other
person having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in the conservatorship of the
Department of Family and Protective Services following an adversary
hearing held as provided by Section 262.201, Family Code; or
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code.
SECTION 1.08. Section 31.103(b), Education Code, is amended
to read as follows:
(b) A school district or open-enrollment charter school
shall make a requisition for instructional material using the
online requisition program maintained by the commissioner [not
later than June 1 of each year]. The publisher or manufacturer
shall fill a requisition approved by the agency.
SECTION 1.09. Sections 33.906(a) and (c), Education Code,
are amended to read as follows:
(a) Except as provided by Subsection (e), each school that
maintains an Internet website shall post on the website information
regarding local programs and services, including charitable
programs and services, available to assist [homeless] students who
are homeless.
(c) A representative of a local program or service available
to assist [homeless] students who are homeless may request to have
information concerning the program or service posted on a school's
website. A school may determine the information that is posted on
the school's website and is not required to post information as
requested by the representative.
SECTION 1.10. Section 38.209(a), Education Code, is amended
to read as follows:
(a) Not later than the 10th business day after the date a
school personnel member or school volunteer administers an
epinephrine auto-injector in accordance with a policy adopted under
Section 38.208(a), the school shall report the information required
under Subsection (b) to:
(1) the school district, the charter holder if the
school is an open-enrollment charter school, or the governing body
of the school if the school is a private school;
(2) the physician or other person who prescribed the
epinephrine auto-injector; and
(3) [the commissioner of education; and
[(4)] the commissioner of state health services.
SECTION 1.11. Section 39.0233(a), Education Code, is
amended to read as follows:
(a) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Section 39.023(c) to be used for purposes of Subchapter F-1,
Chapter 51. The questions adopted under this subsection must be
developed in a manner consistent with any college readiness
standards adopted under [Section 39.233 and] Subchapter F-1,
Chapter 51.
SECTION 1.12. Section 39.410(c), Education Code, is amended
to read as follows:
(c) The commissioner shall ensure that an evaluation
conducted under this section includes an assessment of whether
student achievement has improved. [Results of the evaluation shall
be provided through the online clearinghouse of information
relating to the best practices of campuses and school districts
established under Section 7.009.]
SECTION 1.13. Section 2265.001(a), Government Code, is
amended to read as follows:
(a) In this section, "governmental entity" means:
(1) a board, commission, or department of the state or
a political subdivision of the state, including a municipality, a
county, or any kind of district other than a school district; or
(2) an institution of higher education as defined by
Section 61.003, Education Code.
ARTICLE 2. OPEN-ENROLLMENT CHARTER SCHOOLS
SECTION 2.01. Section 12.101, Education Code, is amended by
adding Subsection (b-10) to read as follows:
(b-10) The commissioner by rule shall allow a charter holder
to provide written notice of the establishment of a new
open-enrollment charter school under Subsection (b-4)(2) up to 18
months before the date on which the campus is anticipated to open.
Notice provided to the commissioner under this section does not
obligate the charter holder to open a new campus.
SECTION 2.02. Section 12.1101, Education Code, is amended
to read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a
procedure for providing notice to the following persons on receipt
by the commissioner of an application for a charter for an
open-enrollment charter school under Section 12.110 or of notice of
the establishment of a campus as authorized under Section
12.101(b-4):
(1) the superintendent and the board of trustees of
each school district from which the proposed open-enrollment
charter school or campus is likely to draw students, as determined
by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school or campus, as
determined by the commissioner.
SECTION 2.03. Section 12.114, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) A charter holder may submit a request for approval for
an expansion amendment up to 18 months before the date on which the
expansion will be effective. A request for approval of an expansion
amendment does not obligate the charter holder to complete the
proposed expansion.
ARTICLE 3. REPEALER
SECTION 3.01. The following provisions of the Education
Code are repealed:
(1) Section 7.009;
(2) Section 25.007(a-1);
(3) Section 39.233; and
(4) Section 44.903.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. This Act applies beginning with the 2019-2020
school year.
SECTION 4.02. 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, 2019.