Texas 2021 - 87th Regular

Texas House Bill HB4106 Compare Versions

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

Old	New	Differences
1	1	87R11983 TSS-F
2	2	By: Allen H.B. No. 4106
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a public school student's transition from an
8	8	alternative education program to a regular classroom and the
9	9	admission of certain students with a criminal or disciplinary
10	10	history.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 25.001, Education Code, is amended by
13	13	adding Subsection (b-3) to read as follows:
14	14	(b-3) The board of trustees of a school district may not
15	15	refuse to admit a student based on the student's criminal,
16	16	juvenile, or disciplinary history including arrests, criminal
17	17	charges, criminal adjudications, convictions, placements on
18	18	community supervision, or detentions. A district shall promptly
19	19	enroll a student released from an alternative education program, as
20	20	defined by Section 37.023, who is otherwise eligible for enrollment
21	21	under Subsection (b).
22	22	SECTION 2. Section 37.023, Education Code, is amended by
23	23	amending Subsections (c), (d), and (e) and adding Subsections (d-1)
24	24	and (g) to read as follows:
25	25	(c) Not later than five instructional days after the date of
26	26	a student's release from an alternative education program, the
27	27	campus administrator shall coordinate the student's enrollment and
28	28	transition to a regular classroom. The coordination must include
29	29	assistance and recommendations from:
30	30	(1) school counselors;
31	31	(2) school district peace officers;
32	32	(3) school resource officers;
33	33	(4) licensed clinical social workers;
34	34	(5) campus behavior coordinators;
35	35	(6) classroom teachers who are or may be responsible
36	36	for implementing the student's personalized transition plan
37	37	developed under Subsection (d);
38	38	(7) if the student is younger than 18 years of age and
39	39	subject to Subsection (e), the student's parent or a person
40	40	standing in parental relation to the student; and
41	41	(8) [(7)] any other appropriate school district
42	42	personnel.
43	43	(d) The assistance required by Subsection (c) must include a
44	44	personalized transition plan for the student developed by the
45	45	campus administrator. A personalized transition plan:
46	46	(1) must include recommendations for the best
47	47	educational placement of the student, based on a review of the
48	48	student's previous coursework, course credit earned, and
49	49	educational record and including:
50	50	(A) a calculation of the number of course credits
51	51	the student has earned toward graduation requirements, as
52	52	determined under Subsection (g);
53	53	(B) a description of appropriate courses in which
54	54	the student should be placed; and
55	55	(C) an explanation of the requirements of the
56	56	student's individualized education program, behavior intervention
57	57	plan, or plan created under Section 504, Rehabilitation Act of 1973
58	58	(29 U.S.C. Section 794), if applicable; and
59	59	(2) may include:
60	60	(A) recommendations for counseling, behavioral
61	61	management, or academic assistance for the student with a
62	62	concentration on the student's academic or career goals;
63	63	(B) recommendations for assistance for obtaining
64	64	access to mental health services provided by the district or
65	65	school, a local mental health authority, or another private or
66	66	public entity; and
67	67	(C) the provision of information to the student's
68	68	parent or a person standing in parental relation to the student
69	69	about the process to request a full individual and initial
70	70	evaluation of the student for purposes of special education
71	71	services under Section 29.004[; and
72	72	[(D) a regular review of the student's progress
73	73	toward the student's academic or career goals].
74	74	(d-1) After a student has transitioned to a regular
75	75	classroom under this section, the campus administrator shall
76	76	conduct reviews at the beginning of each school year and the end of
77	77	each grading period of the student's progress toward the student's
78	78	academic or career goals.
79	79	(e) If a student's parent or a person standing in parental
80	80	relation to the student is unavailable to assist under Subsection
81	81	(c) [practicable], the campus administrator shall provide an
82	82	electronic or written copy of the personalized transition plan
83	83	developed under Subsection (d) to [, or the administrator's
84	84	designee, shall meet with] the [student's] parent or [a] person
85	85	[standing in parental relation to the student to coordinate plans
86	86	for the student's transition].
87	87	(g) A campus administrator shall, to the greatest extent
88	88	possible, consider credits successfully completed while the
89	89	student was enrolled in an alternative education program or at a
90	90	previous school as fulfilling credits required for high school
91	91	graduation.
92	92	SECTION 3. This Act applies beginning with the 2021-2022
93	93	school year.
94	94	SECTION 4. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2021.