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.