Texas 2025 - 89th Regular

Texas House Bill HB2591 Compare Versions

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

Old	New	Differences
1	1	89R8292 GP-D
2	2	By: Olcott H.B. No. 2591
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of a juvenile justice alternative
10	10	education program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 25.086(a), Education Code, is amended to
13	13	read as follows:
14	14	(a) A child is exempt from the requirements of compulsory
15	15	school attendance if the child:
16	16	(1) attends a private or parochial school that
17	17	includes in its course a study of good citizenship;
18	18	(2) is eligible to participate in a school district's
19	19	special education program under Section 29.003 and cannot be
20	20	appropriately served by the resident district;
21	21	(3) has a physical or mental condition of a temporary
22	22	and remediable nature that makes the child's attendance infeasible
23	23	and holds a certificate from a qualified physician specifying the
24	24	temporary condition, indicating the treatment prescribed to remedy
25	25	the temporary condition, and covering the anticipated period of the
26	26	child's absence from school for the purpose of receiving and
27	27	recuperating from that remedial treatment;
28	28	(4) is expelled in accordance with the requirements of
29	29	law in a school district that does not participate in a [mandatory]
30	30	juvenile justice alternative education program under Section
31	31	37.011;
32	32	(5) is at least 17 years of age and:
33	33	(A) is attending a course of instruction to
34	34	prepare for the high school equivalency examination, and:
35	35	(i) has the permission of the child's parent
36	36	or guardian to attend the course;
37	37	(ii) is required by court order to attend
38	38	the course;
39	39	(iii) has established a residence separate
40	40	and apart from the child's parent, guardian, or other person having
41	41	lawful control of the child; or
42	42	(iv) is homeless; or
43	43	(B) has received a high school diploma or high
44	44	school equivalency certificate;
45	45	(6) is at least 16 years of age and is attending a
46	46	course of instruction to prepare for the high school equivalency
47	47	examination, if:
48	48	(A) the child is recommended to take the course
49	49	of instruction by a public agency that has supervision or custody of
50	50	the child under a court order; or
51	51	(B) the child is enrolled in a Job Corps training
52	52	program under the Workforce Investment Act of 1998 (29 U.S.C.
53	53	Section 2801 et seq.);
54	54	(7) is at least 16 years of age and is enrolled in a
55	55	high school diploma program under Chapter 18;
56	56	(8) is enrolled in the Texas Academy of Mathematics
57	57	and Science under Subchapter G, Chapter 105;
58	58	(9) is enrolled in the Texas Academy of Leadership in
59	59	the Humanities;
60	60	(10) is enrolled in the Texas Academy of Mathematics
61	61	and Science at The University of Texas Rio Grande Valley;
62	62	(11) is enrolled in the Texas Academy of International
63	63	Studies; or
64	64	(12) is specifically exempted under another law.
65	65	SECTION 2. Section 37.010(a), Education Code, is amended to
66	66	read as follows:
67	67	(a) Not later than the second business day after the date a
68	68	hearing is held under Section 37.009, the board of trustees of a
69	69	school district or the board's designee shall deliver a copy of the
70	70	order placing a student in a disciplinary alternative education
71	71	program under Section 37.006 or expelling a student under Section
72	72	37.007 and any information required under Section 52.04, Family
73	73	Code, to the authorized officer of the juvenile court in the county
74	74	in which the student resides. In a county that operates a program
75	75	under Section 37.011, an expelled student shall to the extent
76	76	provided by law or by the memorandum of understanding immediately
77	77	attend the educational program from the date of expulsion[, except
78	78	that in a county with a population greater than 125,000, every
79	79	expelled student who is not detained or receiving treatment under
80	80	an order of the juvenile court must be enrolled in an educational
81	81	program].
82	82	SECTION 3. Sections 37.011(a), (k), and (m), Education
83	83	Code, are amended to read as follows:
84	84	(a) The juvenile board of a county may [with a population
85	85	greater than 125,000 shall] develop a juvenile justice alternative
86	86	education program. A juvenile justice alternative education
87	87	program in county with a population greater than 125,000 is [,]
88	88	subject to the approval of the Texas Juvenile Justice Department.
89	89	[The juvenile board of a county with a population of 125,000 or less
90	90	may develop a juvenile justice alternative education program.] For
91	91	the purposes of this subchapter, only a disciplinary alternative
92	92	education program operated under the authority of a juvenile board
93	93	of a county is considered a juvenile justice alternative education
94	94	program. A juvenile justice alternative education program in a
95	95	county with a population of 125,000 or less:
96	96	(1) is not required to be approved by the department;
97	97	and
98	98	(2) is not subject to Subsection (c), (d), (f), or (g).
99	99	(k) Each school district in a county with a population
100	100	greater than 125,000 that operates a juvenile justice alternative
101	101	education program and the county juvenile board shall annually
102	102	enter into a joint memorandum of understanding that:
103	103	(1) outlines the responsibilities of the juvenile
104	104	board concerning the establishment and operation of a juvenile
105	105	justice alternative education program under this section;
106	106	(2) defines the amount and conditions on payments from
107	107	the school district to the juvenile board for students of the school
108	108	district served in the juvenile justice alternative education
109	109	program whose placement was not made on the basis of an expulsion
110	110	required under Section 37.007(a), (d), or (e);
111	111	(3) establishes that a student may be placed in the
112	112	juvenile justice alternative education program if the student
113	113	engages in serious misbehavior, as defined by Section 37.007(c);
114	114	(4) identifies and requires a timely placement and
115	115	specifies a term of placement for expelled students for whom the
116	116	school district has received a notice under Section 52.041(d),
117	117	Family Code;
118	118	(5) establishes services for the transitioning of
119	119	expelled students to the school district prior to the completion of
120	120	the student's placement in the juvenile justice alternative
121	121	education program;
122	122	(6) establishes a plan that provides transportation
123	123	services for students placed in the juvenile justice alternative
124	124	education program;
125	125	(7) establishes the circumstances and conditions
126	126	under which a juvenile may be allowed to remain in the juvenile
127	127	justice alternative education program setting once the juvenile is
128	128	no longer under juvenile court jurisdiction; and
129	129	(8) establishes a plan to address special education
130	130	services required by law.
131	131	(m) Each school district in a county with a population
132	132	greater than 125,000 that operates a juvenile justice alternative
133	133	education program and the county juvenile board shall adopt a joint
134	134	memorandum of understanding as required by this section not later
135	135	than September 1 of each school year.
136	136	SECTION 4. Section 53.02(e), Family Code, is amended to
137	137	read as follows:
138	138	(e) Unless otherwise agreed in the memorandum of
139	139	understanding under Section 37.011, Education Code, in a county
140	140	with a population greater than 125,000 that operates a juvenile
141	141	justice alternative education program under Section 37.011,
142	142	Education Code, if a child being released under this section is
143	143	expelled under Section 37.007, Education Code, the release shall be
144	144	conditioned on the child's attending a juvenile justice alternative
145	145	education program pending a deferred prosecution or formal court
146	146	disposition of the child's case.
147	147	SECTION 5. Section 54.01(f), Family Code, is amended to
148	148	read as follows:
149	149	(f) Unless otherwise agreed in the memorandum of
150	150	understanding under Section 37.011, Education Code, a release may
151	151	be conditioned on requirements reasonably necessary to insure the
152	152	child's appearance at later proceedings, but the conditions of the
153	153	release must be in writing and a copy furnished to the child. In a
154	154	county with a population greater than 125,000 that operates a
155	155	juvenile justice alternative education program under Section
156	156	37.011, Education Code, if a child being released under this
157	157	section is expelled under Section 37.007, Education Code, the
158	158	release shall be conditioned on the child's attending a juvenile
159	159	justice alternative education program pending a deferred
160	160	prosecution or formal court disposition of the child's case.
161	161	SECTION 6. A juvenile court that has placed a child on
162	162	juvenile probation or deferred prosecution under Title 3, Family
163	163	Code, and required as a condition of probation or deferred
164	164	prosecution, as described by Section 37.011(b), Education Code,
165	165	that the child attend a juvenile justice alternative education
166	166	program in a county that is no longer required to operate a juvenile
167	167	justice alternative education program under Section 37.011,
168	168	Education Code, as amended by this Act, shall modify the conditions
169	169	of probation or deferred prosecution if the county discontinues
170	170	operation of the juvenile justice alternative education program.
171	171	SECTION 7. This Act applies beginning with the 2025-2026
172	172	school year.
173	173	SECTION 8. This Act takes effect immediately if it receives
174	174	a vote of two-thirds of all the members elected to each house, as
175	175	provided by Section 39, Article III, Texas Constitution. If this
176	176	Act does not receive the vote necessary for immediate effect, this
177	177	Act takes effect September 1, 2025.