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.