Texas 2025 - 89th Regular

Texas House Bill HB2592 Compare Versions

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

Old	New	Differences
1	1	89R8293 GP-D
2	2	By: Olcott H.B. No. 2592
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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 in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.010(a), Education Code, is amended to
13	13	read as follows:
14	14	(a) Not later than the second business day after the date a
15	15	hearing is held under Section 37.009, the board of trustees of a
16	16	school district or the board's designee shall deliver a copy of the
17	17	order placing a student in a disciplinary alternative education
18	18	program under Section 37.006 or expelling a student under Section
19	19	37.007 and any information required under Section 52.04, Family
20	20	Code, to the authorized officer of the juvenile court in the county
21	21	in which the student resides. In a county that operates a program
22	22	under Section 37.011, an expelled student shall to the extent
23	23	provided by law or by the memorandum of understanding immediately
24	24	attend the educational program from the date of expulsion, except
25	25	that in a county with a population greater than 200,000 [125,000],
26	26	every expelled student who is not detained or receiving treatment
27	27	under an order of the juvenile court must be enrolled in an
28	28	educational program.
29	29	SECTION 2. Sections 37.011(a), (a-1), (a-3), (a-4), (k),
30	30	and (m), Education Code, are amended to read as follows:
31	31	(a) The juvenile board of a county with a population greater
32	32	than 200,000 [125,000] shall develop a juvenile justice alternative
33	33	education program, subject to the approval of the Texas Juvenile
34	34	Justice Department. The juvenile board of a county with a
35	35	population of 200,000 [125,000] or less may develop a juvenile
36	36	justice alternative education program. For the purposes of this
37	37	subchapter, only a disciplinary alternative education program
38	38	operated under the authority of a juvenile board of a county is
39	39	considered a juvenile justice alternative education program. A
40	40	juvenile justice alternative education program in a county with a
41	41	population of 200,000 [125,000] or less:
42	42	(1) is not required to be approved by the department;
43	43	and
44	44	(2) is not subject to Subsection (c), (d), (f), or (g).
45	45	(a-1) For purposes of this section and Section 37.010(a), a
46	46	county with a population greater than 200,000 [125,000] is
47	47	considered to be a county with a population of 200,000 [125,000] or
48	48	less if:
49	49	(1) the county had a population of 125,000 or less
50	50	according to the 2000 federal census; and
51	51	(2) the juvenile board of the county enters into, with
52	52	the approval of the Texas Juvenile Justice Department, a memorandum
53	53	of understanding with each school district within the county that:
54	54	(A) outlines the responsibilities of the board
55	55	and school districts in minimizing the number of students expelled
56	56	without receiving alternative educational services; and
57	57	(B) includes the coordination procedures
58	58	required by Section 37.013.
59	59	(a-3) For purposes of this section and Section 37.010(a), a
60	60	county with a population greater than 200,000 [125,000] is
61	61	considered to be a county with a population of 200,000 [125,000] or
62	62	less if the county:
63	63	(1) has a population of more than 200,000 and less than
64	64	233,500;
65	65	(2) has five or more school districts located wholly
66	66	within the county's boundaries; and
67	67	(3) has located in the county a juvenile justice
68	68	alternative education program that, on May 1, 2011, served fewer
69	69	than 15 students.
70	70	(a-4) A school district located in a county considered to be
71	71	a county with a population of 200,000 [125,000] or less under
72	72	Subsection (a-3) shall provide educational services to a student
73	73	who is expelled from school under this chapter. The district is
74	74	entitled to count the student in the district's average daily
75	75	attendance for purposes of receipt of state funds under the
76	76	Foundation School Program. An educational placement under this
77	77	section may include:
78	78	(1) the district's disciplinary alternative education
79	79	program; or
80	80	(2) a contracted placement with:
81	81	(A) another school district;
82	82	(B) an open-enrollment charter school;
83	83	(C) an institution of higher education;
84	84	(D) an adult literacy council; or
85	85	(E) a community organization that can provide an
86	86	educational program that allows the student to complete the credits
87	87	required for high school graduation.
88	88	(k) Each school district in a county with a population
89	89	greater than 200,000 [125,000] and the county juvenile board shall
90	90	annually enter into a joint memorandum of understanding that:
91	91	(1) outlines the responsibilities of the juvenile
92	92	board concerning the establishment and operation of a juvenile
93	93	justice alternative education program under this section;
94	94	(2) defines the amount and conditions on payments from
95	95	the school district to the juvenile board for students of the school
96	96	district served in the juvenile justice alternative education
97	97	program whose placement was not made on the basis of an expulsion
98	98	required under Section 37.007(a), (d), or (e);
99	99	(3) establishes that a student may be placed in the
100	100	juvenile justice alternative education program if the student
101	101	engages in serious misbehavior, as defined by Section 37.007(c);
102	102	(4) identifies and requires a timely placement and
103	103	specifies a term of placement for expelled students for whom the
104	104	school district has received a notice under Section 52.041(d),
105	105	Family Code;
106	106	(5) establishes services for the transitioning of
107	107	expelled students to the school district prior to the completion of
108	108	the student's placement in the juvenile justice alternative
109	109	education program;
110	110	(6) establishes a plan that provides transportation
111	111	services for students placed in the juvenile justice alternative
112	112	education program;
113	113	(7) establishes the circumstances and conditions
114	114	under which a juvenile may be allowed to remain in the juvenile
115	115	justice alternative education program setting once the juvenile is
116	116	no longer under juvenile court jurisdiction; and
117	117	(8) establishes a plan to address special education
118	118	services required by law.
119	119	(m) Each school district in a county with a population
120	120	greater than 200,000 [125,000] and the county juvenile board shall
121	121	adopt a joint memorandum of understanding as required by this
122	122	section not later than September 1 of each school year.
123	123	SECTION 3. Section 53.02(e), Family Code, is amended to
124	124	read as follows:
125	125	(e) Unless otherwise agreed in the memorandum of
126	126	understanding under Section 37.011, Education Code, in a county
127	127	with a population greater than 200,000 [125,000], if a child being
128	128	released under this section is expelled under Section 37.007,
129	129	Education Code, the release shall be conditioned on the child's
130	130	attending a juvenile justice alternative education program pending
131	131	a deferred prosecution or formal court disposition of the child's
132	132	case.
133	133	SECTION 4. Section 54.01(f), Family Code, is amended to
134	134	read as follows:
135	135	(f) Unless otherwise agreed in the memorandum of
136	136	understanding under Section 37.011, Education Code, a release may
137	137	be conditioned on requirements reasonably necessary to insure the
138	138	child's appearance at later proceedings, but the conditions of the
139	139	release must be in writing and a copy furnished to the child. In a
140	140	county with a population greater than 200,000 [125,000], if a child
141	141	being released under this section is expelled under Section 37.007,
142	142	Education Code, the release shall be conditioned on the child's
143	143	attending a juvenile justice alternative education program pending
144	144	a deferred prosecution or formal court disposition of the child's
145	145	case.
146	146	SECTION 5. Section 37.011(a-2), Education Code, is
147	147	repealed.
148	148	SECTION 6. A juvenile court that has placed a child on
149	149	juvenile probation or deferred prosecution under Title 3, Family
150	150	Code, and required as a condition of probation or deferred
151	151	prosecution, as described by Section 37.011(b), Education Code,
152	152	that the child attend a juvenile justice alternative education
153	153	program in a county that is not required to operate a juvenile
154	154	justice alternative education program under Section 37.011,
155	155	Education Code, as amended by this Act, shall modify the conditions
156	156	of probation or deferred prosecution if the county discontinues
157	157	operation of the juvenile justice alternative education program.
158	158	SECTION 7. This Act applies beginning with the 2025-2026
159	159	academic year.
160	160	SECTION 8. This Act takes effect immediately if it receives
161	161	a vote of two-thirds of all the members elected to each house, as
162	162	provided by Section 39, Article III, Texas Constitution. If this
163	163	Act does not receive the vote necessary for immediate effect, this
164	164	Act takes effect September 1, 2025.