By: Dutton H.B. No. 3088
A BILL TO BE ENTITLED
relating to the evaluation of school district disciplinary
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 Subsection (m) and adding Subsection (n) to read as
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section must [
shall] be based on
indicators defined by the commissioner, including [ but must
include] student performance on assessment instruments required
under Sections 39.023(a) and (c). The evaluation must include
on-site analysis and interpretation of program data by the agency
if determined necessary by the commissioner or if an electronic
evaluation under Subsection (m-1) indicates the need for on-site
evaluation. The academic [ Academically, the] mission of
disciplinary alternative education programs must [ shall] be to
enable students to perform at grade level.
(n) Section 7.027, Education Code, as added by Section 4,
Chapter 201, Acts of the 78th Legislature, Regular Session, 2003,
does not apply to an evaluation under Subsection (m) or (m-1).
SECTION 2. Section 7.027(a), Education Code, as added by
Section 4, Chapter 201, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) Except as provided by Section 29.001(5), 29.010(a),
37.008, 39.074, or 39.075, the agency may monitor compliance with
requirements applicable to a process or program provided by a
school district, campus, program, or school granted charters under
Chapter 12, including the process described by Subchapter F,
Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the
use of funds provided for such a program under Subchapter C, Chapter
42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
SECTION 3. This Act applies beginning with the 2005-2006
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, 2005.