4 | 6 | | AN ACT |
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5 | 7 | | relating to the inclusion of certain students as students at risk of |
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6 | 8 | | dropping out of school. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 29.081(d), Education Code, is amended to |
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9 | 11 | | read as follows: |
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10 | 12 | | (d) For purposes of this section, "student at risk of |
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11 | 13 | | dropping out of school" includes each student who is under 26 years |
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12 | 14 | | of age and who: |
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13 | 15 | | (1) was not advanced from one grade level to the next |
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14 | 16 | | for one or more school years; |
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15 | 17 | | (2) if the student is in grade 7, 8, 9, 10, 11, or 12, |
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16 | 18 | | did not maintain an average equivalent to 70 on a scale of 100 in two |
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17 | 19 | | or more subjects in the foundation curriculum during a semester in |
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18 | 20 | | the preceding or current school year or is not maintaining such an |
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19 | 21 | | average in two or more subjects in the foundation curriculum in the |
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20 | 22 | | current semester; |
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21 | 23 | | (3) did not perform satisfactorily on an assessment |
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22 | 24 | | instrument administered to the student under Subchapter B, Chapter |
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23 | 25 | | 39, and who has not in the previous or current school year |
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24 | 26 | | subsequently performed on that instrument or another appropriate |
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25 | 27 | | instrument at a level equal to at least 110 percent of the level of |
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26 | 28 | | satisfactory performance on that instrument; |
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27 | 29 | | (4) if the student is in prekindergarten, |
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28 | 30 | | kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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29 | 31 | | a readiness test or assessment instrument administered during the |
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30 | 32 | | current school year; |
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31 | 33 | | (5) is pregnant or is a parent; |
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32 | 34 | | (6) has been placed in an alternative education |
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33 | 35 | | program in accordance with Section 37.006 during the preceding or |
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34 | 36 | | current school year; |
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35 | 37 | | (7) has been expelled in accordance with Section |
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36 | 38 | | 37.007 during the preceding or current school year; |
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37 | 39 | | (8) is currently on parole, probation, deferred |
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38 | 40 | | prosecution, or other conditional release; |
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39 | 41 | | (9) was previously reported through the Public |
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40 | 42 | | Education Information Management System (PEIMS) to have dropped out |
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41 | 43 | | of school; |
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42 | 44 | | (10) is a student of limited English proficiency, as |
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43 | 45 | | defined by Section 29.052; |
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44 | 46 | | (11) is in the custody or care of the Department of |
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45 | 47 | | Family and Protective Services or has, during the current school |
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46 | 48 | | year, been referred to the department by a school official, officer |
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47 | 49 | | of the juvenile court, or law enforcement official; |
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48 | 50 | | (12) is homeless, as defined by 42 U.S.C. Section |
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49 | 51 | | 11302, and its subsequent amendments; [or] |
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50 | 52 | | (13) resided in the preceding school year or resides |
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51 | 53 | | in the current school year in a residential placement facility in |
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52 | 54 | | the district, including a detention facility, substance abuse |
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53 | 55 | | treatment facility, emergency shelter, psychiatric hospital, |
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54 | 56 | | halfway house, cottage home operation, specialized child-care |
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55 | 57 | | home, or general residential operation; or |
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56 | 58 | | (14) has been incarcerated or has a parent or guardian |
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57 | 59 | | who has been incarcerated, within the lifetime of the student, in a |
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58 | 60 | | penal institution as defined by Section 1.07, Penal Code. |
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59 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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60 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 65 | | Act takes effect September 1, 2019. |
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