By Montford S.B. No. 594
74R3015 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to alternative education facilities provided by school
1-3 districts and to attendance requirements at the facilities in
1-4 certain circumstances.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter I, Chapter 21, Education Code, is
1-7 amended by adding Section 21.310 to read as follows:
1-8 Sec. 21.310. ALTERNATIVE EDUCATION FACILITIES. (a) Each
1-9 school district shall provide an alternative education facility for
1-10 students required to attend an alternative education facility under
1-11 Section 61.081, Human Resources Code, or Section 54.04, Family
1-12 Code.
1-13 (b) The board of trustees of two or more school districts
1-14 may enter into an agreement to provide an alternative education
1-15 facility jointly.
1-16 (c) A district student assigned to the alternative education
1-17 facility shall be counted in the average daily attendance of the
1-18 district. For each district student assigned to an alternative
1-19 education facility, for the period the student is assigned to the
1-20 facility, the district shall transfer to the alternative education
1-21 facility the state funds the district receives on the basis of the
1-22 student's attendance in the district and the local funds that would
1-23 otherwise be spent for the student's education at the student's
1-24 home campus.
2-1 (d) In addition to supervision by school district personnel,
2-2 each school day, each child assigned to an alternative education
2-3 facility shall be monitored at the facility by juvenile probation
2-4 personnel.
2-5 (e) The State Board of Education shall adopt rules to
2-6 implement this section, including standards an alternative
2-7 education facility must satisfy.
2-8 SECTION 2. Section 61.081, Human Resources Code, is amended
2-9 by adding Subsection (h) to read as follows:
2-10 (h) As a condition of release under supervision, the
2-11 commission shall require a child's regular attendance at an
2-12 alternative education facility established under Section 21.310,
2-13 Education Code, if the child has been committed to the commission
2-14 for conduct containing the elements of an offense punishable as a:
2-15 (1) felony of the first or second degree, if the child
2-16 has not previously been found to have engaged in conduct containing
2-17 the elements of an offense punishable as a felony; or
2-18 (2) felony of any type, if the child has previously
2-19 been found to have engaged in conduct containing the elements of an
2-20 offense punishable as a felony.
2-21 SECTION 3. Chapter 54.04, Family Code, is amended by adding
2-22 Subsection (m) to read as follows:
2-23 (m) As a condition of probation, the court shall require the
2-24 child's regular attendance at an alternative education facility
2-25 established under Section 21.310, Education Code, if the child has
2-26 been found to have engaged in conduct containing the elements of an
2-27 offense punishable as a:
3-1 (1) felony of the first or second degree, if the child
3-2 has not previously been found to have engaged in conduct containing
3-3 the elements of an offense punishable as a felony; or
3-4 (2) felony of any type, if the child has previously
3-5 been found to have engaged in conduct containing the elements of an
3-6 offense punishable as a felony.
3-7 SECTION 4. This Act applies beginning with the 1995-1996
3-8 school year.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.