Texas 2023 - 88th Regular

Texas House Bill HB1626 Compare Versions

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Version 2 (New)

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1	1	By: Allen, A. Johnson of Harris, H.B. No. 1626
2	2	Thompson of Harris, Wu, Hull, et al.
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 educational
9	9	environment, including parental rights related to that transition,
10	10	and the admission of certain students with a criminal or
11	11	disciplinary history.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 12.104(b), Education Code, as amended by
14	14	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
15	15	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
16	16	Session, 2021, is reenacted and amended to read as follows:
17	17	(b) An open-enrollment charter school is subject to:
18	18	(1) a provision of this title establishing a criminal
19	19	offense;
20	20	(2) the provisions in Chapter 554, Government Code;
21	21	and
22	22	(3) a prohibition, restriction, or requirement, as
23	23	applicable, imposed by this title or a rule adopted under this
24	24	title, relating to:
25	25	(A) the Public Education Information Management
26	26	System (PEIMS) to the extent necessary to monitor compliance with
27	27	this subchapter as determined by the commissioner;
28	28	(B) criminal history records under Subchapter C,
29	29	Chapter 22;
30	30	(C) reading instruments and accelerated reading
31	31	instruction programs under Section 28.006;
32	32	(D) accelerated instruction under Section
33	33	28.0211;
34	34	(E) high school graduation requirements under
35	35	Section 28.025;
36	36	(F) special education programs under Subchapter
37	37	A, Chapter 29;
38	38	(G) bilingual education under Subchapter B,
39	39	Chapter 29;
40	40	(H) prekindergarten programs under Subchapter E
41	41	or E-1, Chapter 29, except class size limits for prekindergarten
42	42	classes imposed under Section 25.112, which do not apply;
43	43	(I) extracurricular activities under Section
44	44	33.081;
45	45	(J) discipline management practices or behavior
46	46	management techniques under Section 37.0021;
47	47	(K) health and safety under Chapter 38;
48	48	(L) the provisions of Subchapter A, Chapter 39;
49	49	(M) public school accountability and special
50	50	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
51	51	39, and Chapter 39A;
52	52	(N) the requirement under Section 21.006 to
53	53	report an educator's misconduct;
54	54	(O) intensive programs of instruction under
55	55	Section 28.0213;
56	56	(P) the right of a school employee to report a
57	57	crime, as provided by Section 37.148;
58	58	(Q) bullying prevention policies and procedures
59	59	under Section 37.0832;
60	60	(R) the right of a school under Section 37.0052
61	61	to place a student who has engaged in certain bullying behavior in a
62	62	disciplinary alternative education program or to expel the student;
63	63	(S) the right under Section 37.0151 to report to
64	64	local law enforcement certain conduct constituting assault or
65	65	harassment;
66	66	(T) a parent's right to information regarding the
67	67	provision of assistance for learning difficulties to the parent's
68	68	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
69	69	(U) establishment of residency under Section
70	70	25.001;
71	71	(V) school safety requirements under Sections
72	72	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
73	73	37.207, and 37.2071;
74	74	(W) the early childhood literacy and mathematics
75	75	proficiency plans under Section 11.185;
76	76	(X) the college, career, and military readiness
77	77	plans under Section 11.186; [and]
78	78	(Y) [(X)] parental options to retain a student
79	79	under Section 28.02124; and
80	80	(Z) the requirements for a student's transition
81	81	from an alternative education program under Section 37.023.
82	82	SECTION 2. Section 25.001, Education Code, is amended by
83	83	adding Subsections (b-3) and (b-4) to read as follows:
84	84	(b-3) Except as provided by Subsection (b-4) and
85	85	notwithstanding any provision of Chapter 37, the board of trustees
86	86	of a school district or the board's designee may not refuse to
87	87	enroll a student based on the student's criminal, juvenile, or
88	88	disciplinary history or standing. A district shall promptly enroll
89	89	a student released from an alternative education program, as
90	90	defined by Section 37.023, who is otherwise eligible for enrollment
91	91	under Subsection (b). This subsection may not be construed to
92	92	prohibit the board or the board's designee from:
93	93	(1) revoking admission of a student under Subsection
94	94	(b-1);
95	95	(2) refusing to admit a person under 18 years of age
96	96	whom the board is not required to admit under Subsection (d);
97	97	(3) transferring a student in accordance with Section
98	98	25.0341 or 25.0342; or
99	99	(4) expelling a student or placing a student in a
100	100	disciplinary alternative education program under Section 37.008 or
101	101	a juvenile justice alternative education program under Section
102	102	37.011 in accordance with Section 37.0051, 37.0052, 37.006, 37.007,
103	103	37.0081, or 37.011, as applicable.
104	104	(b-4) Subsection (b-3) does not apply to the inter-district
105	105	transfer of a student under Subchapter B.
106	106	SECTION 3. The heading to Section 37.023, Education Code,
107	107	is amended to read as follows:
108	108	Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM
109	109	TO REGULAR EDUCATIONAL ENVIRONMENT [CLASSROOM].
110	110	SECTION 4. Section 37.023, Education Code, is amended by
111	111	amending Subsections (c), (d), and (e) and adding Subsections
112	112	(c-1), (d-1), (g), and (h) to read as follows:
113	113	(c) Not later than five instructional days after the date of
114	114	a student's release from an alternative education program, the
115	115	campus administrator shall hold a meeting to coordinate the
116	116	student's enrollment and transition to a regular educational
117	117	environment [classroom]. The coordination must include assistance
118	118	and recommendations from the student's parent or a person standing
119	119	in parental relation to the student and, as applicable:
120	120	(1) school counselors;
121	121	(2) school district peace officers;
122	122	(3) school resource officers;
123	123	(4) licensed clinical social workers;
124	124	(5) campus behavior coordinators;
125	125	(6) classroom teachers who are or may be responsible
126	126	for implementing the student's personalized transition plan
127	127	developed under Subsection (d);
128	128	(7) for a student who is a student with a disability as
129	129	defined by Section 21.001, the campus special education
130	130	administrator or other campus administrator responsible for
131	131	overseeing the student's educational program, as applicable;
132	132	(8) for a student who is a court-related child, the
133	133	liaison officer appointed under Section 37.014; and
134	134	(9) [(7)] any other appropriate school district
135	135	personnel.
136	136	(c-1) The campus administrator shall, before finalizing a
137	137	personalized transition plan for a student under Subsection (d),
138	138	provide to the student's parent or a person standing in parental
139	139	relation to the student:
140	140	(1) a list of the people who will be assisting in the
141	141	student's enrollment and transition to a regular educational
142	142	environment under Subsection (c); and
143	143	(2) an opportunity to meet, either in person or
144	144	remotely, with the people included on the list described by
145	145	Subdivision (1) to:
146	146	(A) discuss any proposed assistance or
147	147	recommendations for the student's transition; and
148	148	(B) provide information regarding the student
149	149	that may be useful in developing the plan.
150	150	(d) The enrollment and transition assistance required by
151	151	Subsection (c) must include a personalized transition plan for the
152	152	student developed by the campus administrator. A personalized
153	153	transition plan:
154	154	(1) must include recommendations for the best
155	155	educational placement of the student based on a review of the
156	156	student's previous coursework, course credit earned, performance
157	157	on any assessment instrument administered under Section 37.0082,
158	158	and educational record, including:
159	159	(A) a calculation of the number of course credits
160	160	the student has earned toward graduation requirements, as
161	161	determined under Subsection (g); and
162	162	(B) a description of appropriate courses in which
163	163	the student should be placed; and
164	164	(2) may include:
165	165	(A) recommendations for counseling, behavioral
166	166	management, or academic assistance for the student with a
167	167	concentration on the student's academic or career goals;
168	168	(B) recommendations for assistance for obtaining
169	169	access to mental health services provided by the district or
170	170	school, a local mental health authority, or another private or
171	171	public entity; and
172	172	(C) the provision of information to the student's
173	173	parent or a person standing in parental relation to the student
174	174	about the process to request a full individual and initial
175	175	evaluation of the student for purposes of special education
176	176	services under Section 29.004[; and
177	177	[(D) a regular review of the student's progress
178	178	toward the student's academic or career goals].
179	179	(d-1) After a student has transitioned to a regular
180	180	educational environment under this section, the campus
181	181	administrator or the administrator's designee shall conduct
182	182	reviews at the beginning of each semester and the end of each school
183	183	year of the student's progress toward the student's academic or
184	184	career goals.
185	185	(e) As soon as practicable after completing a student's
186	186	personalized transition plan under Subsection (d) [If
187	187	practicable], the campus administrator shall provide an electronic
188	188	or written copy of the personalized transition plan to [, or the
189	189	administrator's designee, shall meet with] the student's parent or
190	190	a person standing in parental relation to the student [to
191	191	coordinate plans for the student's transition].
192	192	(g) A school district shall adopt a policy that, to the
193	193	greatest extent possible, allows for credits that were successfully
194	194	completed while the student was enrolled in an alternative
195	195	education program or at a previous school, including a school
196	196	within the Windham School District, to fulfill credits required for
197	197	high school graduation, provided that the completed courses meet
198	198	the standards adopted under Section 28.002(c). The policy adopted
199	199	under this subsection may provide for partial credit, if determined
200	200	appropriate by the district.
201	201	(h) The commissioner may adopt rules as necessary to
202	202	implement this section.
203	203	SECTION 5. To the extent of any conflict, this Act prevails
204	204	over another Act of the 88th Legislature, Regular Session, 2023,
205	205	relating to nonsubstantive additions to and corrections in enacted
206	206	codes.
207	207	SECTION 6. This Act applies beginning with the 2023-2024
208	208	school year.
209	209	SECTION 7. This Act takes effect immediately if it receives
210	210	a vote of two-thirds of all the members elected to each house, as
211	211	provided by Section 39, Article III, Texas Constitution. If this
212	212	Act does not receive the vote necessary for immediate effect, this
213	213	Act takes effect September 1, 2023.