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.