1 | 1 | | 89R12811 AND-F |
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2 | 2 | | By: Allen H.B. No. 3325 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a public school student's transition from an |
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10 | 10 | | alternative education program to a regular educational |
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11 | 11 | | environment, including parental rights related to that transition, |
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12 | 12 | | and the admission of certain students with a criminal or |
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13 | 13 | | disciplinary history. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Section 12.104(b), Education Code, is amended to |
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16 | 16 | | read as follows: |
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17 | 17 | | (b) An open-enrollment charter school is subject to: |
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18 | 18 | | (1) a provision of this title establishing a criminal |
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19 | 19 | | offense; |
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20 | 20 | | (2) the provisions in Chapter 554, Government Code; |
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21 | 21 | | and |
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22 | 22 | | (3) a prohibition, restriction, or requirement, as |
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23 | 23 | | applicable, imposed by this title or a rule adopted under this |
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24 | 24 | | title, relating to: |
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25 | 25 | | (A) the Public Education Information Management |
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26 | 26 | | System (PEIMS) to the extent necessary to monitor compliance with |
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27 | 27 | | this subchapter as determined by the commissioner; |
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28 | 28 | | (B) criminal history records under Subchapter C, |
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29 | 29 | | Chapter 22; |
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30 | 30 | | (C) reading instruments and accelerated reading |
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31 | 31 | | instruction programs under Section 28.006; |
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32 | 32 | | (D) accelerated instruction under Section |
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33 | 33 | | 28.0211; |
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34 | 34 | | (E) high school graduation requirements under |
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35 | 35 | | Section 28.025; |
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36 | 36 | | (F) special education programs under Subchapter |
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37 | 37 | | A, Chapter 29; |
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38 | 38 | | (G) bilingual education under Subchapter B, |
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39 | 39 | | Chapter 29; |
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40 | 40 | | (H) prekindergarten programs under Subchapter E |
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41 | 41 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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42 | 42 | | classes imposed under Section 25.112, which do not apply; |
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43 | 43 | | (I) extracurricular activities under Section |
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44 | 44 | | 33.081; |
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45 | 45 | | (J) discipline management practices or behavior |
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46 | 46 | | management techniques under Section 37.0021; |
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47 | 47 | | (K) health and safety under Chapter 38; |
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48 | 48 | | (L) the provisions of Subchapter A, Chapter 39; |
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49 | 49 | | (M) public school accountability and special |
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50 | 50 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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51 | 51 | | 39, and Chapter 39A; |
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52 | 52 | | (N) the requirement under Section 21.006 to |
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53 | 53 | | report an educator's misconduct; |
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54 | 54 | | (O) intensive programs of instruction under |
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55 | 55 | | Section 28.0213; |
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56 | 56 | | (P) the right of a school employee to report a |
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57 | 57 | | crime, as provided by Section 37.148; |
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58 | 58 | | (Q) bullying prevention policies and procedures |
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59 | 59 | | under Section 37.0832; |
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60 | 60 | | (R) the right of a school under Section 37.0052 |
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61 | 61 | | to place a student who has engaged in certain bullying behavior in a |
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62 | 62 | | disciplinary alternative education program or to expel the student; |
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63 | 63 | | (S) the right under Section 37.0151 to report to |
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64 | 64 | | local law enforcement certain conduct constituting assault or |
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65 | 65 | | harassment; |
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66 | 66 | | (T) a parent's right to information regarding the |
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67 | 67 | | provision of assistance for learning difficulties to the parent's |
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68 | 68 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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69 | 69 | | (U) establishment of residency under Section |
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70 | 70 | | 25.001; |
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71 | 71 | | (V) school safety requirements under Sections |
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72 | 72 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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73 | 73 | | 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
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74 | 74 | | 37.2071 and Subchapter J, Chapter 37; |
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75 | 75 | | (W) the early childhood literacy and mathematics |
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76 | 76 | | proficiency plans under Section 11.185; |
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77 | 77 | | (X) the college, career, and military readiness |
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78 | 78 | | plans under Section 11.186; [and] |
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79 | 79 | | (Y) parental options to retain a student under |
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80 | 80 | | Section 28.02124; and |
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81 | 81 | | (Z) the requirements for a student's transition |
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82 | 82 | | from an alternative education program under Section 37.023. |
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83 | 83 | | SECTION 2. Section 25.001, Education Code, is amended by |
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84 | 84 | | adding Subsections (b-3) and (b-4) to read as follows: |
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85 | 85 | | (b-3) Except as provided by Subsection (b-4) and |
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86 | 86 | | notwithstanding any provision of Chapter 37, the board of trustees |
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87 | 87 | | of a school district or the board's designee may not refuse to |
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88 | 88 | | enroll a student based on the student's criminal, juvenile, or |
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89 | 89 | | disciplinary history or standing. A district shall promptly enroll |
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90 | 90 | | a student released from an alternative education program, as |
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91 | 91 | | defined by Section 37.023, who is otherwise eligible for enrollment |
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92 | 92 | | under Subsection (b). This subsection may not be construed to |
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93 | 93 | | prohibit the board or the board's designee from: |
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94 | 94 | | (1) revoking admission of a student under Subsection |
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95 | 95 | | (b-1); |
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96 | 96 | | (2) refusing to admit a person under 18 years of age |
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97 | 97 | | whom the board is not required to admit under Subsection (d); |
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98 | 98 | | (3) transferring a student in accordance with Section |
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99 | 99 | | 25.0341 or 25.0342; or |
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100 | 100 | | (4) expelling a student or placing a student in a |
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101 | 101 | | disciplinary alternative education program under Section 37.008 or |
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102 | 102 | | a juvenile justice alternative education program under Section |
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103 | 103 | | 37.011 in accordance with Section 37.0051, 37.0052, 37.006, 37.007, |
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104 | 104 | | 37.0081, or 37.011, as applicable. |
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105 | 105 | | (b-4) Subsection (b-3) does not apply to the interdistrict |
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106 | 106 | | transfer of a student under Subchapter B. |
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107 | 107 | | SECTION 3. The heading to Section 37.023, Education Code, |
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108 | 108 | | is amended to read as follows: |
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109 | 109 | | Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM |
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110 | 110 | | TO REGULAR EDUCATIONAL ENVIRONMENT [CLASSROOM]. |
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111 | 111 | | SECTION 4. Section 37.023, Education Code, is amended by |
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112 | 112 | | amending Subsections (c), (d), and (e) and adding Subsections |
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113 | 113 | | (c-1), (d-1), (g), and (h) to read as follows: |
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114 | 114 | | (c) Not later than five instructional days after the date of |
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115 | 115 | | a student's release from an alternative education program, the |
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116 | 116 | | campus administrator shall hold a meeting to coordinate the |
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117 | 117 | | student's enrollment and transition to a regular educational |
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118 | 118 | | environment [classroom]. The coordination must include assistance |
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119 | 119 | | and recommendations from the student's parent or a person standing |
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120 | 120 | | in parental relation to the student and, as applicable: |
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121 | 121 | | (1) school counselors; |
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122 | 122 | | (2) school district peace officers; |
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123 | 123 | | (3) school resource officers; |
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124 | 124 | | (4) licensed clinical social workers; |
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125 | 125 | | (5) campus behavior coordinators; |
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126 | 126 | | (6) classroom teachers who are or may be responsible |
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127 | 127 | | for implementing the student's personalized transition plan |
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128 | 128 | | developed under Subsection (d); |
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129 | 129 | | (7) for a student who is a student with a disability as |
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130 | 130 | | defined by Section 21.001, the campus special education |
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131 | 131 | | administrator or other campus administrator responsible for |
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132 | 132 | | overseeing the student's educational program, as applicable; |
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133 | 133 | | (8) for a student who is a court-related child, the |
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134 | 134 | | liaison officer appointed under Section 37.014; and |
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135 | 135 | | (9) [(7)] any other appropriate school district |
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136 | 136 | | personnel. |
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137 | 137 | | (c-1) The campus administrator shall, before finalizing a |
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138 | 138 | | personalized transition plan for a student under Subsection (d), |
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139 | 139 | | provide to the student's parent or a person standing in parental |
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140 | 140 | | relation to the student: |
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141 | 141 | | (1) a list of the people who will be assisting in the |
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142 | 142 | | student's enrollment and transition to a regular educational |
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143 | 143 | | environment under Subsection (c); and |
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144 | 144 | | (2) an opportunity to meet, either in person or |
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145 | 145 | | remotely, with the people included on the list described by |
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146 | 146 | | Subdivision (1) to: |
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147 | 147 | | (A) discuss any proposed assistance or |
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148 | 148 | | recommendations for the student's transition; and |
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149 | 149 | | (B) provide information regarding the student |
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150 | 150 | | that may be useful in developing the plan. |
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151 | 151 | | (d) The enrollment and transition assistance required by |
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152 | 152 | | Subsection (c) must include a personalized transition plan for the |
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153 | 153 | | student developed by the campus administrator. A personalized |
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154 | 154 | | transition plan: |
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155 | 155 | | (1) must include: |
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156 | 156 | | (A) recommendations for the best educational |
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157 | 157 | | placement of the student based on a review of the student's previous |
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158 | 158 | | coursework, course credit earned, performance on any assessment |
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159 | 159 | | instrument administered under Section 37.0082, and educational |
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160 | 160 | | record, including: |
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161 | 161 | | (i) a calculation of the number of course |
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162 | 162 | | credits the student has earned toward graduation requirements, as |
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163 | 163 | | determined under Subsection (g); and |
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164 | 164 | | (ii) a description of appropriate courses |
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165 | 165 | | in which the student should be placed; and |
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166 | 166 | | (B) the provision of information to the student's |
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167 | 167 | | parent or a person standing in parental relation to the student |
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168 | 168 | | regarding the process to request a full individual and initial |
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169 | 169 | | evaluation of the student for purposes of special education |
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170 | 170 | | services under Section 29.004; and |
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171 | 171 | | (2) may include: |
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172 | 172 | | (A) recommendations for counseling, behavioral |
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173 | 173 | | management, or academic assistance for the student with a |
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174 | 174 | | concentration on the student's academic or career goals; and |
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175 | 175 | | (B) recommendations for assistance for obtaining |
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176 | 176 | | access to mental health services provided by the district or |
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177 | 177 | | school, a local mental health authority, or another private or |
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178 | 178 | | public entity[; and |
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179 | 179 | | [(C) a regular review of the student's progress |
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180 | 180 | | toward the student's academic or career goals]. |
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181 | 181 | | (d-1) After a student has transitioned to a regular |
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182 | 182 | | educational environment under this section, the campus |
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183 | 183 | | administrator or the administrator's designee shall conduct |
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184 | 184 | | reviews at the beginning of each semester and the end of each school |
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185 | 185 | | year of the student's progress toward the student's academic or |
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186 | 186 | | career goals. |
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187 | 187 | | (e) As soon as practicable after completing a student's |
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188 | 188 | | personalized transition plan under Subsection (d) [If |
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189 | 189 | | practicable], the campus administrator shall provide an electronic |
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190 | 190 | | or written copy of the personalized transition plan to [, or the |
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191 | 191 | | administrator's designee, shall meet with] the student's parent or |
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192 | 192 | | a person standing in parental relation to the student [to |
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193 | 193 | | coordinate plans for the student's transition]. |
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194 | 194 | | (g) A school district shall adopt a policy that, to the |
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195 | 195 | | greatest extent possible, allows for credits that were successfully |
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196 | 196 | | completed while the student was enrolled in an alternative |
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197 | 197 | | education program or at a previous school, including a school in the |
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198 | 198 | | Windham School District, to fulfill credits required for high |
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199 | 199 | | school graduation, provided that the completed courses meet the |
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200 | 200 | | standards adopted under Section 28.002(c). The policy adopted |
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201 | 201 | | under this subsection may provide for partial credit, if determined |
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202 | 202 | | appropriate by the district. |
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203 | 203 | | (h) The commissioner may adopt rules as necessary to |
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204 | 204 | | implement this section. |
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205 | 205 | | SECTION 5. This Act applies beginning with the 2025-2026 |
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206 | 206 | | school year. |
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207 | 207 | | SECTION 6. This Act takes effect immediately if it receives |
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208 | 208 | | a vote of two-thirds of all the members elected to each house, as |
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209 | 209 | | provided by Section 39, Article III, Texas Constitution. If this |
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210 | 210 | | Act does not receive the vote necessary for immediate effect, this |
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211 | 211 | | Act takes effect September 1, 2025. |
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