1 | 1 | | By: Menéndez S.B. No. 2083 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to a public school student's transition from an |
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7 | 7 | | alternative education program to a regular classroom and the |
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8 | 8 | | admission of certain students with a criminal or disciplinary |
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9 | 9 | | history. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 25.001, Education Code, is amended by |
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12 | 12 | | adding Subsection (b-3) to read as follows: |
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13 | 13 | | (b-3) The board of trustees of a school district may not |
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14 | 14 | | refuse to admit a student based on the student's criminal, |
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15 | 15 | | juvenile, or disciplinary history including arrests, criminal |
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16 | 16 | | charges, criminal adjudications, convictions, placements on |
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17 | 17 | | community supervision, or detentions. A district shall promptly |
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18 | 18 | | enroll a student released from an alternative education program, as |
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19 | 19 | | defined by Section 37.023, who is otherwise eligible for enrollment |
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20 | 20 | | under Subsection (b). |
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21 | 21 | | SECTION 2. Section 37.023, Education Code, is amended by |
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22 | 22 | | amending Subsections (c), (d), and (e) and adding Subsections (d-1) |
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23 | 23 | | and (g) to read as follows: |
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24 | 24 | | (c) Not later than five instructional days after the date of |
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25 | 25 | | a student's release from an alternative education program, the |
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26 | 26 | | campus administrator shall coordinate the student's enrollment and |
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27 | 27 | | transition to a regular classroom. The coordination must include |
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28 | 28 | | assistance and recommendations from: |
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29 | 29 | | (1) school counselors; |
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30 | 30 | | (2) school district peace officers; |
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31 | 31 | | (3) school resource officers; |
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32 | 32 | | (4) licensed clinical social workers; |
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33 | 33 | | (5) campus behavior coordinators; |
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34 | 34 | | (6) classroom teachers who are or may be responsible |
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35 | 35 | | for implementing the student's personalized transition plan |
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36 | 36 | | developed under Subsection (d); |
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37 | 37 | | (7) if the student is younger than 18 years of age and |
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38 | 38 | | subject to Subsection (e), the student's parent or a person |
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39 | 39 | | standing in parental relation to the student; and |
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40 | 40 | | (8) [(7)] any other appropriate school district |
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41 | 41 | | personnel. |
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42 | 42 | | (d) The assistance required by Subsection (c) must include a |
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43 | 43 | | personalized transition plan for the student developed by the |
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44 | 44 | | campus administrator. A personalized transition plan: |
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45 | 45 | | (1) must include recommendations for the best |
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46 | 46 | | educational placement of the student, based on a review of the |
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47 | 47 | | student's previous coursework, course credit earned, and |
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48 | 48 | | educational record and including: |
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49 | 49 | | (A) a calculation of the number of course credits |
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50 | 50 | | the student has earned toward graduation requirements, as |
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51 | 51 | | determined under Subsection (g); |
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52 | 52 | | (B) a description of appropriate courses in which |
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53 | 53 | | the student should be placed; and |
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54 | 54 | | (C) an explanation of the requirements of the |
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55 | 55 | | student's individualized education program, behavior intervention |
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56 | 56 | | plan, or plan created under Section 504, Rehabilitation Act of 1973 |
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57 | 57 | | (29 U.S.C. Section 794), if applicable; and |
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58 | 58 | | (2) may include: |
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59 | 59 | | (A) recommendations for counseling, behavioral |
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60 | 60 | | management, or academic assistance for the student with a |
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61 | 61 | | concentration on the student's academic or career goals; |
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62 | 62 | | (B) recommendations for assistance for obtaining |
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63 | 63 | | access to mental health services provided by the district or |
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64 | 64 | | school, a local mental health authority, or another private or |
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65 | 65 | | public entity; and |
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66 | 66 | | (C) the provision of information to the student's |
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67 | 67 | | parent or a person standing in parental relation to the student |
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68 | 68 | | about the process to request a full individual and initial |
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69 | 69 | | evaluation of the student for purposes of special education |
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70 | 70 | | services under Section 29.004[;and |
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71 | 71 | | [(D) a regular review of the student's progress |
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72 | 72 | | toward the student's academic or career goals]. |
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73 | 73 | | (d-1) After a student has transitioned to a regular |
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74 | 74 | | classroom under this section, the campus administrator shall |
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75 | 75 | | conduct reviews at the beginning of each school year and the end of |
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76 | 76 | | each grading period of the student's progress toward the student's |
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77 | 77 | | academic or career goals. |
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78 | 78 | | (e) If a student's parent or a person standing in parental |
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79 | 79 | | relation to the student is unavailable to assist under Subsection |
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80 | 80 | | (c) [practicable], the campus administrator shall provide an |
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81 | 81 | | electronic or written copy of the personalized transition plan |
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82 | 82 | | developed under Subsection (d) to [, or the administrator's |
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83 | 83 | | designee, shall meet with] the [student's] parent or [a] person |
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84 | 84 | | [standing in parental relation to the student to coordinate plans |
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85 | 85 | | for the student's transition]. |
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86 | 86 | | (g) A campus administrator shall, to the greatest extent |
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87 | 87 | | possible, consider credits successfully completed while the |
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88 | 88 | | student was enrolled in an alternative education program or at a |
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89 | 89 | | previous school as fulfilling credits required for high school |
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90 | 90 | | graduation. |
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91 | 91 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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92 | 92 | | school year. |
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93 | 93 | | SECTION 4. This Act takes effect immediately if it receives |
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94 | 94 | | a vote of two-thirds of all the members elected to each house, as |
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95 | 95 | | provided by Section 39, Article III, Texas Constitution. If this |
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96 | 96 | | Act does not receive the vote necessary for immediate effect, this |
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97 | 97 | | Act takes effect September 1, 2023. |
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