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  By: Hilderbran, Bonnen, Eissler, Darby H.B. No. 3092
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to considering for school district accountability
  purposes the performance of students confined by court order in a
  residential program or facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.072(d), Education Code, is amended by
  amending Subsection (d) to read as follows:
         (d)  Notwithstanding any other provision of this code, for
  purposes of determining the performance of a school district under
  this chapter, including the accreditation status of the district, a
  student confined by court order in a residential program or
  facility operated by or under contract with the Texas Youth
  Commission, Texas Juvenile Probation Commission, or any other
  governmental entity, including a juvenile board, is not considered
  to be a student of the school district in which the program or
  facility is physically located. The performance of such a student
  on an assessment instrument or other academic excellence indicator
  adopted under Section 39.051 shall be determined, reported, and
  considered separately from the performance of students attending a
  school of the district in which the program or facility is
  physically located.
         SECTION 2.  This Act applies 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.