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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of provisions of the Education Code |
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to certain alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.081(e), Education Code, is amended to |
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read as follows: |
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(e) A school district may use a private or public |
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community-based dropout recovery education program to provide |
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alternative education programs for students at risk of dropping out |
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of school. The programs must: |
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(1) provide not less than the minimum amount [four
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hours] of instructional time per day required under Section |
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25.082(a); |
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(2) employ as faculty and administrators persons with |
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baccalaureate or advanced degrees who meet all certification |
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requirements established under Subchapter B, Chapter 21; |
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(3) provide at least one instructor for each 28 |
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students; |
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(4) perform satisfactorily according to performance |
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indicators and accountability standards adopted for alternative |
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education programs by the commissioner; and |
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(5) comply with this title and rules adopted under |
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this title except as otherwise provided by this subsection. |
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SECTION 2. Sections 37.008(a) through (c), Education Code, |
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are amended to read as follows: |
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(a) Each school district shall provide a disciplinary |
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alternative education program that: |
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(1) is provided in a setting other than a student's |
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regular classroom; |
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(2) is located on or off of a regular school campus; |
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(3) provides for the students who are assigned to the |
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disciplinary alternative education program to be separated from |
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students who are not assigned to the program; |
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(4) focuses on English language arts, mathematics, |
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science, history, and self-discipline; |
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(5) provides for students' educational and behavioral |
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needs; |
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(6) provides supervision and counseling; |
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(7) employs only teachers who [requires that to teach
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in an off-campus disciplinary alternative education program, each
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teacher] meet all certification requirements established under |
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Subchapter B, Chapter 21; and |
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(8) provides not less than the minimum amount of |
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instructional time per day required by Section 25.082(a) |
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[notwithstanding Subdivision (7), requires that to teach in a
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disciplinary alternative education program of any kind, each
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teacher employed by a school district during the 2003-2004 school
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year or an earlier school year meet, not later than the beginning of
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the 2005-2006 school year, all certification requirements
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established under Subchapter B, Chapter 21]. |
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(b) A disciplinary alternative education program may |
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provide for a student's transfer to: |
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(1) a different campus; |
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(2) a school-community guidance center under |
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Subchapter B; or |
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(3) a community-based alternative school, including a |
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community-based dropout recovery education program under Section |
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29.081(e). |
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(c) An off-campus disciplinary alternative education |
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program, including a school-community guidance center, a |
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community-based alternative school, or a community-based dropout |
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recovery education program, is not subject to a requirement imposed |
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by this title, other than: |
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(1) a limitation on liability; |
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(2) [,] a reporting requirement; |
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(3) [, or] a requirement imposed by this chapter or by |
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Chapter 39; or |
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(4) any other requirement imposed by this title that |
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applies to an on-campus disciplinary alternative education |
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program. |
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SECTION 3. Sections 29.081(e) and 37.008, Education Code, |
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as amended by this Act, apply beginning with the 2007-2008 school |
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year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |