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.