BILL ANALYSIS

C.S.H.B. 552

By: Madden

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Students at risk for violence, drug abuse, delinquency, and other criminal behavior often find themselves placed in the public school disciplinary system, which may consist of in-school suspension, out-of-school suspension, or the school district’s disciplinary alternative education program (DAEP).  When offensive behaviors become criminal in nature, students may be placed in a juvenile justice alternative education program.  Research shows a strong correlation between students’ entry into the school disciplinary system and later entry into the criminal justice system.  The cost-effective application of science-based interventions with these students can decrease crime and delinquency and result in improved school attendance, improved grades, and improved citizenship.

C.S.H.B. 552 requires the commissioner of education to award school districts grants, conditioned on the availability of funds for that purpose, including certain federal funds, for conducting prevention programs targeting bullying, youth violence, drug abuse, and delinquency among at-risk youth in in-school suspension or DAEP settings.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 552 amends the Education Code to require the commissioner of education to award grants, if funds are available for such purpose, including federal funds available under Title I of the Elementary and Secondary Education Act of 1965 or other federal law and funds appropriated for adult education programs, to school districts to conduct bullying prevention, youth violence prevention, drug abuse prevention, or delinquency prevention programs for students who are at risk of dropping out of school and assigned to a disciplinary alternative education program (DAEP) or an in-school suspension setting.  The bill requires a school district to use a grant awarded under this provision to develop or use a case management system for such at-risk students in grades 6 through 12 and prohibits the district from reducing funding for an existing program supporting students in DAEPs or in-school suspension settings by use of the awarded funds.  The bill authorizes a school district awarded a grant under this provision to contract with a private provider, another public school, or a regional education service center for services to implement the grant and requires the district, as required by the commissioner, to agree to obtain technical assistance and participate in training and evaluations.  The bill requires a school district awarded a grant under this provision to implement programs that target students who demonstrate abusive conduct and behaviors; provide services to students selected by campus principals for behavioral intervention; use evidence-based bullying prevention, violence prevention, drug abuse prevention, or delinquency prevention programs; use a case management system for a 12-month period with each student to ensure a successful transition to the regular education program; and work closely with a student's parent, guardian, or other person standing in parental relation to the student or having control of the student under a court order.  The bill requires the commissioner to provide for a grant application, review, and award process on a competitive basis and authorizes the commissioner to use one or more regional education service centers for that purpose and for training and technical assistance.  The bill prohibits a regional education service center participating in a grant proposal with a school district from participating with the commissioner in activities related to the grant application, review, and award process or in the related training and technical assistance.  The bill defines "student at risk of dropping out."

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 552 differs from the original by conditioning the awards of grants by the commissioner of education on the availability of funds for purposes of the grants, including the availability of federal funds under Title I of the Elementary and Secondary Education Act of 1965 or other federal law and funds appropriated for adult education programs, whereas the original requires the commissioner to award grants using funds appropriated for that purpose.

C.S.H.B. 552 adds a provision not in the original to include bullying prevention programs among those programs eligible for grant funding.

C.S.H.B. 552 differs from the original by requiring a school district to use a grant awarded under the bill's provisions to develop or use a case management system for certain students at risk of dropping out of school, rather than to develop such a system, as in the original.

C.S.H.B. 552 adds a provision not in the original to include bullying prevention programs among those programs that may be implemented with grant funds.  The substitute differs from the original by requiring such programs to be evidence-based, rather than documented, prevention programs.