By Dutton                                             H.B. No. 3280
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to alternative education programs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 37.007, Education Code, is amended by
 1-5     adding a new Subsection (i) to read as follows:
 1-6           (i)  In an addition to Subsection (a), a student shall be
 1-7     expelled from school if:
 1-8                 (1)  the student receives deferred prosecution under
 1-9     Section 53.03, Family Code, for conduct defined as a felony offense
1-10     in Title 5, Penal Code;
1-11                 (2)  a court or jury finds that the student has engaged
1-12     in delinquent conduct under Section 54.03, Family Code, for conduct
1-13     defined as a felony offense in Title 5, Penal Code; or
1-14                 (3)  the superintendent or the superintendent's
1-15     designee has a reasonable belief that the student has engaged in
1-16     conduct defined as a felony offense under Title 5, Penal Code.
1-17           SECTION 2.  Section 37.008, Education Code is amended by
1-18     amending Subsections (a)(4), (c) and (m), and adding a new
1-19     subsection (n) to read as follows:
1-20                 (4)  focuses on English language arts, mathematics,
1-21     science, history, and self-discipline, provided that a student
 2-1     shall receive assignments from the student's regular education
 2-2     program, which may include other intensive instruction, and shall
 2-3     receive credit for work completed satisfactorily as if the student
 2-4     were attending the regular education program;
 2-5           (c)  Chapter 39 applies to [An off campus] alternative
 2-6     education programs provided by a school district under this
 2-7     subchapter [is not subject to a requirement imposed by this title,
 2-8     other than a limitation on liability, a reporting requirement, or a
 2-9     requirement imposed by this chapter or by Chapter 39.]
2-10           (m)  The commissioner shall adopt rules necessary to
2-11     [administer the provisions of Chapter 39 for alternative education
2-12     programs] evaluate annually the performance of each district's
2-13     alternative education program established under this subchapter.
2-14     The evaluation required by this section shall be based on
2-15     indicators defined by the commissioner, but must include student
2-16     performance on assessment instruments required under Section
2-17     39.023(a) and (c).  Academically, the mission of alternative
2-18     education programs shall be to enable students to perform at grade
2-19     level.  [Annually, the commissioner shall define for alternative
2-20     education programs acceptable performance and performance
2-21     indicating a need for peer review, based principally on standards
2-22     defined by the commissioner that measure academic progress of
2-23     students toward grade level while attending an alternative
2-24     education program.]
2-25           (n)  The commissioner shall adopt rules for the distribution
 3-1     of funds appropriated to assist districts with the education of
 3-2     students in alternative education programs.
 3-3           SECTION 3.  Section 37.006(c), Education Code, is repealed.
 3-4           SECTION 4.  Section 37.008(c), Education Code, as amended by
 3-5     this Act takes effect in the 2000-2001 school year.
 3-6           SECTION 5.  This Act takes effect immediately and applies
 3-7     beginning with the 1999-2000 school year.
 3-8           SECTION 6.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended,
3-13     and this Act take effect and be in force according to its terms,
3-14     and it is so enacted.