By: Madden (Senate Sponsor - Hinojosa) H.B. No. 425
         (In the Senate - Received from the House April 10, 2007;
  April 11, 2007, read first time and referred to Committee on
  Criminal Justice; May 10, 2007, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 10, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the instructional requirements for education services
  provided in a juvenile residential facility operated by a juvenile
  board or under contract with the Texas Youth Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.0062 to read as follows:
         Sec. 37.0062.  INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE
  EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. (a) The
  commissioner shall determine the instructional requirements for
  education services provided by a school district or open-enrollment
  charter school in a pre-adjudication secure detention facility or a
  post-adjudication secure correctional facility operated by a
  juvenile board or a post-adjudication secure correctional facility
  operated under contract with the Texas Youth Commission, including
  requirements relating to:
               (1)  the length of the school day;
               (2)  the number of days of instruction provided to
  students each school year; and
               (3)  the curriculum of the educational program.
         (b)  The commissioner shall coordinate with:
               (1)  the Texas Juvenile Probation Commission in
  determining the instructional requirements for education services
  provided under Subsection (a) in a pre-adjudication secure
  detention facility or a post-adjudication secure correctional
  facility operated by a juvenile board; and
               (2)  the Texas Youth Commission in determining the
  instructional requirements for education services provided under
  Subsection (a) in a post-adjudication secure correctional facility
  operated under contract with the Texas Youth Commission.
         (c)  The commissioner shall adopt rules necessary to
  administer this section. The rules must ensure that:
               (1)  a student who receives education services in a
  pre-adjudication secure detention facility described by this
  section is offered courses that enable the student to maintain
  progress toward completing high school graduation requirements;
  and
               (2)  a student who receives education services in a
  post-adjudication secure correctional facility described by this
  section is offered, at a minimum, the courses necessary to enable
  the student to complete high school graduation requirements.
         (d)  The Texas Juvenile Probation Commission or the Texas
  Youth Commission, as applicable, shall coordinate with the
  commissioner in establishing standards for:
               (1)  ensuring security in the provision of education
  services in the facilities; and
               (2)  providing children in the custody of the
  facilities access to education services.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of education by rule shall determine
  the instructional requirements for education services provided by a
  school district or open-enrollment charter school in a
  pre-adjudication or post-adjudication juvenile residential
  facility, as required by Section 37.0062, Education Code, as added
  by this Act.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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