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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.