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78R6387 KKA-F

By:  Van de Putte                                                 S.B. No. 1739


A BILL TO BE ENTITLED
AN ACT
relating to requirements applicable to public school alternative education programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 37.008, Education Code, is amended by amending Subsections (a), (c), (l), and (m) and adding Subsection (n) to read as follows: (a) Each school district shall provide an alternative education program that: (1) is provided in a setting other than a student's regular classroom; (2) is located on or off of a regular school campus; (3) provides for the students who are assigned to the alternative education program to be separated from students who are not assigned to the program; (4) includes the following elements to ensure that each student receives meaningful instruction designed to help the student achieve measurable progress in reading, writing [focuses on English language arts], mathematics, science, and history while enrolled in the program: (A) diagnostic testing administered on the student's first day of program attendance to determine the student's skills and deficiencies in reading, writing, mathematics, science, and history; (B) a personalized instruction program based on the results of the diagnostic testing required by Paragraph (A); (C) periodic reports regarding the student's academic progress, provided to the student's parent or guardian at a time and in a manner comparable to the time and manner in which the district provides information regarding student academic performance to parents and guardians of students not enrolled in the program; and (D) if the student is enrolled at grade level eight or above, a high school graduation plan that: (i) is developed in a manner that provides the student and the student's parents with an opportunity to participate in development of the plan; and (ii) may include specific elements for assisting the student in obtaining a high school equivalency certificate[, and self-discipline]; (5) provides for students' [educational and] behavioral needs; and (6) provides supervision and counseling. (c) A student assigned to an alternative education program, including an [An] off-campus 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) [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 by Chapter 39]. (l) A school district is not required to provide in the district's alternative education program a course necessary to fulfill a student's high school graduation requirements other than a course specified by Subsection (a) or a course to which the student is entitled under Subsection (c). (m) A student assigned to an alternative education program is subject to assessment as provided by Subchapter B, Chapter 39. The student's performance shall 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. In addition, the [The] commissioner may [shall] adopt rules necessary to evaluate annually the performance of each district's alternative education program established under this subchapter[. The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections 39.023(a) and (c). Academically, the mission of alternative education programs shall be to enable students to perform at grade level]. (n) 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. Section 37.009(e), Education Code, is amended to read as follows: (e) A student placed in an alternative education program under Section 37.002 or 37.006 shall be provided a review of the student's status, including a review of the student's academic status, by the board's designee at intervals not to exceed 120 days. In the case of a [high school] student at grade level eight or above, the board's designee, with the student's parent or guardian, shall review the student's progress on the student's [towards meeting] high school graduation [requirements and shall establish a specific graduation] plan established under Section 37.008(a)(4)(D) [for the student. The district is not required under this subsection to provide in the district's alternative education program a course not specified under Section 37.008(a)]. At the review, the student or the student's parent or guardian must be given the opportunity to present arguments for the student's return to the regular classroom or campus. The student may not be returned to the classroom of the teacher who removed the student without that teacher's consent. The teacher may not be coerced to consent. SECTION 3. This Act applies beginning with the 2003-2004 school year. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.