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.

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