By: Bivins S.B. No. 139 A BILL TO BE ENTITLED AN ACT 1-1 relating to curriculum requirements for alternative education 1-2 programs and juvenile justice alternative education programs. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 37.008, Education Code, is amended by 1-5 adding Subsections (l) and (m) to read as follows: 1-6 (l) A school district is not required to provide in the 1-7 district's alternative education program a course necessary to 1-8 fulfill a student's high school graduation requirements other than 1-9 a course specified by Subsection (a). 1-10 (m) The commissioner shall adopt rules necessary to 1-11 administer the provisions of Chapter 39 for alternative education 1-12 programs. Academically, the mission of alternative education 1-13 programs shall be to enable students to perform at grade level. 1-14 Each alternative education program shall be treated as a campus 1-15 subject to applicable provisions of Subchapters C, D, F, and G, 1-16 Chapter 39, as determined by the commissioner. Annually, the 1-17 commissioner shall define exemplary, recognized, and unacceptable 1-18 performance for alternative education programs, based principally 1-19 on comparable and required improvement standards that measure 1-20 academic progress of students toward grade level while attending an 1-21 alternative education program. 1-22 SECTION 2. Subsection (e), Section 37.009, Education Code, 1-23 is amended to read as follows: 2-1 (e) A student placed in an alternative education program 2-2 under Section 37.002 or 37.006 shall be provided a review of the 2-3 student's status, including a review of the student's academic 2-4 status, by the board's designee at intervals not to exceed 120 2-5 days. In the case of a high school student, the board's designee, 2-6 with the student's parent or guardian, shall review the student's 2-7 progress towards meeting high school graduation requirements and 2-8 shall establish a specific graduation plan for the student. The 2-9 district is not required under this subsection to provide in the 2-10 district's alternative education program a course not specified 2-11 under Section 37.008(a). At the review, the student or the 2-12 student's parent or guardian must be given the opportunity to 2-13 present arguments for the student's return to the regular classroom 2-14 or campus. The student may not be returned to the classroom of the 2-15 teacher who removed the student without that teacher's consent. 2-16 The teacher may not be coerced to consent. 2-17 SECTION 3. Section 37.011, Education Code, is amended by 2-18 amending Subsection (d) and adding Subsection (e) to read as 2-19 follows: 2-20 (d) A juvenile justice alternative education program must 2-21 focus on English language arts, mathematics, science, history, and 2-22 self-discipline. Each program shall administer assessment 2-23 instruments under Subchapter B, Chapter 39, and shall offer a high 2-24 school equivalency program. The juvenile board or the board's 2-25 designee, with the parent or guardian of each student, shall 3-1 regularly review the student's academic progress. In the case of a 3-2 high school student, the board or the board's designee, with the 3-3 student's parent or guardian, shall review the student's progress 3-4 towards meeting high school graduation requirements and shall 3-5 establish a specific graduation plan for the student. The program 3-6 is not required to provide a course necessary to fulfill a 3-7 student's high school graduation requirements other than a course 3-8 specified by this subsection. 3-9 (e) The commissioner, subject to the approval of the Texas 3-10 Juvenile Probation Commission, shall adopt rules necessary to 3-11 administer the provisions of Chapter 39 for juvenile justice 3-12 alternative education programs. Academically, the mission of 3-13 juvenile justice alternative education programs shall be to enable 3-14 students to perform at grade level. Each juvenile justice 3-15 alternative education program shall be treated as a campus subject 3-16 to applicable provisions of Subchapters C, D, F, and G, Chapter 39 3-17 as determined by the commissioner. Annually, the commissioner 3-18 shall define exemplary, recognized, and unacceptable performance 3-19 for juvenile justice alternative education programs, based 3-20 principally on comparable and required improvement standards that 3-21 measure academic progress of students toward grade level while 3-22 attending a juvenile justice alternative education program. 3-23 SECTION 4. This Act applies beginning with the 1997-1998 3-24 school year. 3-25 SECTION 5. The importance of this legislation and the 4-1 crowded condition of the calendars in both houses create an 4-2 emergency and an imperative public necessity that the 4-3 constitutional rule requiring bills to be read on three several 4-4 days in each house be suspended, and this rule is hereby suspended, 4-5 and that this Act take effect and be in force from and after its 4-6 passage, and it is so enacted.