1-1 By: Bivins S.B. No. 139 1-2 (In the Senate - Filed December 16, 1996; January 14, 1997, 1-3 read first time and referred to Committee on Education; 1-4 March 3, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 9, Nays 0; March 3, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 139 By: Bivins 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to curriculum requirements for alternative education 1-11 programs and juvenile justice alternative education programs. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 37.008, Education Code, is amended by 1-14 adding Subsection (l) to read as follows: 1-15 (l) A school district is not required to provide in the 1-16 district's alternative education program a course necessary to 1-17 fulfill a student's high school graduation requirements other than 1-18 a course specified by Subsection (a). 1-19 SECTION 2. Subsection (e), Section 37.009, Education Code, 1-20 is amended to read as follows: 1-21 (e) A student placed in an alternative education program 1-22 under Section 37.002 or 37.006 shall be provided a review of the 1-23 student's status, including a review of the student's academic 1-24 status, by the board's designee at intervals not to exceed 120 1-25 days. In the case of a high school student, the board's designee, 1-26 with the student's parent or guardian, shall review the student's 1-27 progress towards meeting high school graduation requirements and 1-28 shall establish a specific graduation plan for the student. The 1-29 district is not required under this subsection to provide in the 1-30 district's alternative education program a course not specified 1-31 under Section 37.008(a). At the review, the student or the 1-32 student's parent or guardian must be given the opportunity to 1-33 present arguments for the student's return to the regular classroom 1-34 or campus. The student may not be returned to the classroom of the 1-35 teacher who removed the student without that teacher's consent. 1-36 The teacher may not be coerced to consent. 1-37 SECTION 3. Subsection (d), Section 37.011, Education Code, 1-38 is amended to read as follows: 1-39 (d) A juvenile justice alternative education program must 1-40 focus on English language arts, mathematics, science, history, and 1-41 self-discipline. Each program shall administer assessment 1-42 instruments under Subchapter B, Chapter 39, and shall offer a high 1-43 school equivalency program. The juvenile board or the board's 1-44 designee, with the parent or guardian of each student, shall 1-45 regularly review the student's academic progress. In the case of a 1-46 high school student, the board or the board's designee, with the 1-47 student's parent or guardian, shall review the student's progress 1-48 towards meeting high school graduation requirements and shall 1-49 establish a specific graduation plan for the student. The program 1-50 is not required to provide a course necessary to fulfill a 1-51 student's high school graduation requirements other than a course 1-52 specified by this subsection. 1-53 SECTION 4. This Act applies beginning with the 1997-1998 1-54 school year. 1-55 SECTION 5. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended, 1-60 and that this Act take effect and be in force from and after its 1-61 passage, and it is so enacted. 1-62 * * * * *