SRC-TAG S.B. 1739 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1739
78R6387 KKA-FBy: Van de Putte
Education
4/15/2003
As Filed


DIGEST AND PURPOSE 

Current statutes requires an Alternative Education Program (AEP) to
include an education focus, but an AEP often emphasizes discipline.
According to the Texas Education Agency (TEA), 52 percent of all
Disciplinary Alternative Education Programs (DAEP) assignments are high
school students and the majority of the students are from grades eight and
nine.   As proposed, S.B. 1739 ensures accountability that students
assigned to Disciplinary Alternative Education Programs  receive a
meaningful educational experience and the classes necessary to graduate on
time.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.008, Education Code, by amending Subsections
(a), (c), (l) and (m) and adding Subsection (n), as follows: 

(a)  Requires each school district to provide an alternative education
program that meets certain requirements. 

(c)  Provides that a student assigned to an alternative education program,
including an offcampus alternative education program, is entitled to each
benefit or protection provided to the student by the No Child Left Behind
Act of 2001 (Pub. L. No. 107-110), rather than providing that an
off-campus alternative education program is not subject to a requirement
imposed by this title, other than a limitation on liability, a reporting
requirement, or a requirement imposed by this chapter or Chapter 39. 

 (l)  Makes a conforming change.

(m)  Provides that student assigned to an alternative education program is
subject to assessment as provided by Subchapter B, Chapter 39.  Requires
the student's performance to be included in determining the performance
rating under Chapter 39 of the campus and school district that the student
was attending at the time of assignment to the program.  Authorizes,
rather than requires, the commissioner of education, in addition, to adopt
rules necessary to evaluate annually the performance of each district's
alternative education program established under this subchapter.  Deletes
text requiring the evaluation to be based on indicators defined by the
commissioner.   

(n)  Establishes that on return to the student's regular classroom after
placement in an alternative education program, a student is entitled to
all services required to be provided by a school district under Section
29.081. 

SECTION 2.  Amends Section 37.009(e), Education Code, to require the board
of trustee's designee, with the student's parent or guardian, in the case
of a student at grade level eight or above, to review the student's
progress on the student's high school graduation plan established under
Section 37.008(a)(4)(D).  Deletes text regarding the role of the district. 
 
SECTION 3.  Provides that this Act applies beginning with the 2003-2004
school year. 

SECTION 4.  Effective date: upon passage or September 1,2003.