JLM S.B. 139 75(R) BILL ANALYSIS PUBLIC EDUCATION S.B. 139 By: Bivins (Sadler) 5-20-97 Committee Report (Unamended) BACKGROUND Currently, there is some concern about the quality of educational programs targeted to students placed in alternative education programs. Although students enrolled in alternative education or juvenile justice alternative education programs are not intended to meet the same curriculum requirements as for the regular school program, these students are entitled to a sufficient program of education. The goal of S.B. 139 is to provide students in the alternative education program and the juvenile education program with access to sufficient educational materials so that they have the opportunity to meet the requirements for graduation found in the Education Code. PURPOSE As proposed, S.B. 139 outlines provisions for curriculum requirements for alternative education programs and juvenile justice education programs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does grant additional rulemaking in Section 1 and Section 3 to the commissioner of education. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.008, Education Code, by adding Subsection (1) and (m), as follows: (1) Provides that a school district is not required to provide in the district's alternative education program a course necessary to fulfill a student's high school graduation requirements other than a course specified by each school district's alternative education program. (m) Provides the commissioner shall adopt rules necessary to administer the provisions of Chapter 39 for alternative education programs. The mission of alternative education programs, academically, shall be to enable students to perform at grade level. Each program shall be treated as a campus subject to applicable provision of Subchapters C,D,F, and G, Chapter 39 as determined by the commissioner. Annually, the commissioner shall define performance for alternative education programs that measure academic progress of students toward grade level. SECTION 2. Amends Section 37.009(e), Education Code, to require a student placed in an alternative education program under Sections 37.002 or 37.006 to be provided a review of the student's academic status, by the designee of the local board of trustees of the school board (board) at intervals not to exceed 120 days. Requires the board's designee, in the case of a high school student, with the student's parent or guardian, to review the student's progress towards meeting high school graduation requirements and to establish a specific graduation plan for the student. Provides that the district is not required to provide in the district's alternative education program a course not specified under Section 37.008(a). SECTION 3. Amends Section 37.011(d) and adds (e) as follows: (d) To require the juvenile board or the board's designee, with the parent or guardian of each student, to regularly review the student's academic progress. Requires the board or the board's designee, in the case of a high school student, with the student's parent or guardian, to review the student's progress towards meeting high school graduation requirements and to establish a specific graduation plan for the student. Provides that the program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this subsection. (e) The commissioner, subject to approval of the Texas Juvenile Probation Commission, shall adopt rules necessary to administer the provisions of Chapter 39 for juvenile justice alternative education programs. The mission of juvenile justice alternative education programs, academically, shall be to enable students to perform at grade level. Each program shall be treated as a campus subject to applicable provision of Subchapters C,D,F, and G, Chapter 39 as determined by the commissioner. Annually, the commissioner shall define performance for juvenile justice alternative education programs that measure academic progress of students toward grade level. SECTION 4. Provides that this Act applies beginning with the 1997-1998 school year. SECTION 5. Emergency clause. Effective date: upon passage.