By Gutierrez                                          H.B. No. 2205
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to attendance at juvenile justice alternative education
 1-3     programs and to agency review of alternative education programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 37, Education Code, is
 1-6     amended by adding Section 37.0081 to read as follows:
 1-7           Sec. 37.0081.  AGENCY REVIEW OF ALTERNATIVE EDUCATION
 1-8     PROGRAMS. (a)  The agency shall review each school district's
 1-9     alternative education program prescribed under Section 37.008 for
1-10     compliance by the program with:
1-11                 (1)  this subchapter;
1-12                 (2)  reporting requirements under the Public Education
1-13     Information Management System (PEIMS) as prescribed under Section
1-14     42.006; and
1-15                 (3)  federal law and regulations.
1-16           (b)  A review under Subsection (a) must include one or more
1-17     on-site inspections.
1-18           (c)  The commissioner shall adopt rules as necessary to
1-19     implement this section, including rules relating to:
1-20                 (1)  the elements to be included in each review under
1-21     Subsection (a);
1-22                 (2)  the frequency of the review; and
1-23                 (3)  the frequency of on-site inspections.
1-24           SECTION 2. Section 37.011(b), Education Code, is amended to
 2-1     read as follows:
 2-2           (b)  A student, other than a student under the jurisdiction
 2-3     of a juvenile court, who is required to attend school under Section
 2-4     25.085 and is expelled from school under Section 37.007(a), (d), or
 2-5     (e), shall, until the end of the term of the expulsion or until the
 2-6     date the student is no longer required to attend school under
 2-7     Section 25.085, whichever is earlier, attend the juvenile justice
 2-8     alternative education program that serves the county in which the
 2-9     student resides.  If a student who is expelled from school under
2-10     Section 37.007(a), (d), or (e) is under the jurisdiction of the
2-11     juvenile court, the juvenile court shall:
2-12                 (1)  if the student is placed on probation under
2-13     Section 54.04, Family Code, order the student to attend the
2-14     juvenile justice alternative education program that serves the
2-15     county in which the student resides from the date of disposition as
2-16     a condition of probation, unless the child is placed in a
2-17     post-adjudication treatment facility;
2-18                 (2)  if the student is placed on deferred prosecution
2-19     under Section 53.03, Family Code, by the court, prosecutor, or
2-20     probation department, require the student to immediately attend the
2-21     juvenile justice alternative education program that serves the
2-22     county in which the student resides for a period not to exceed six
2-23     months as a condition of the deferred prosecution; and
2-24                 (3)  in determining the conditions of the deferred
2-25     prosecution or court-ordered probation, consider the length of the
2-26     school district's expulsion order for the student.
2-27           SECTION 3.  Section 39.073(e), Education Code, is amended to
 3-1     read as follows:
 3-2           (e)  In determining a district's accreditation rating, the
 3-3     agency shall consider:
 3-4                 (1)  the district's current special education
 3-5     compliance status with the agency; and
 3-6                 (2)  the results of the review of the district's
 3-7     alternative education program under Section 37.0081.
 3-8           SECTION 4. This Act applies beginning with the 2001-2002
 3-9     school year.
3-10           SECTION 5.  This Act takes effect immediately if it receives
3-11     a vote of two-thirds of all the members elected to each house, as
3-12     provided by Section 39, Article III, Texas Constitution.  If this
3-13     Act does not receive the vote necessary for immediate effect, this
3-14     Act takes effect September 1, 2001.