By: Madden, Strama Senate Sponsor-Zaffirini H.B. No. 426
       (In the Senate - Received from the House May 10, 2007;
May 14, 2007, read first time and referred to Committee on
Education; May 21, 2007, reported adversely, with favorable
Committee Substitute by the following vote:  Yeas 7, Nays 0;
May 21, 2007, sent to printer.)
 
COMMITTEE SUBSTITUTE FOR H.B. No. 426 By:  Van de Putte
 
A BILL TO BE ENTITLED
AN ACT
relating to standards for the operation 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 (a) and adding Subsections (a-1), (a-2), and
(a-3) to read as follows:
       (a)  Each school district shall provide a disciplinary
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
disciplinary alternative education program to be separated from
students who are not assigned to the program;
             (4)  focuses on English language arts, mathematics,
science, history, and self-discipline;
             (5)  provides for students' educational and behavioral
needs;
             (6)  provides supervision and counseling;
             (7)  employs only teachers who [requires that to teach
in an off-campus disciplinary alternative education program, each
teacher] meet all certification requirements established under
Subchapter B, Chapter 21; and
             (8)  provides not less than the minimum amount of
instructional time per day required by Section 25.082(a) 
[notwithstanding Subdivision (7), requires that to teach in a
disciplinary alternative education program of any kind, each
teacher employed by a school district during the 2003-2004 school
year or an earlier school year meet, not later than the beginning of
the 2005-2006 school year, all certification requirements
established under Subchapter B, Chapter 21].
       (a-1)  The agency shall adopt minimum standards for the
operation of disciplinary alternative education programs,
including standards relating to:
             (1)  student/teacher ratios;
             (2)  student health and safety;
             (3)  reporting of abuse, neglect, or exploitation of
students;
             (4)  training for teachers in behavior management and
safety procedures; and
             (5)  planning for a student's transition from a
disciplinary alternative education program to a regular campus.
       (a-2)  Not later than December 15, 2008, the agency shall
deliver a report to the legislature that provides the estimated
costs to the agency of enforcing the standards adopted under
Subsection (a-1), including the estimated cost of:
             (1)  on-site monitoring to enforce the standards;  and
             (2)  alternative methods of monitoring compliance with
the standards.
       (a-3)  Subsection (a-2) and this subsection expire January
15, 2009.
       SECTION 2.  (a)  Section 37.008(a), Education Code, as
amended by this Act, applies beginning with the 2007-2008 school
year.
       (b)  Standards for the operation of school district
disciplinary alternative education programs adopted under Section
37.008(a-1), Education Code, as added by this Act, apply beginning
with the 2007-2008 school year.
       SECTION 3.  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, 2007.
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