By: Hilderbran, et al. (Senate Sponsor - Duncan) H.B. No. 3092

(In the Senate - Received from the House May 9, 2007; May 10, 2007, read first time and referred to Committee on Education; May 15, 2007, reported favorably by the following vote: Yeas 6, Nays 0; May 15, 2007, sent to printer.)

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.

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