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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of public school students in Junior Reserve |
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Officers' Training Corps programs as an alternative in certain |
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circumstances to placement in disciplinary or juvenile justice |
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alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.001(a) and (e), Education Code, are |
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amended to read as follows: |
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(a) The board of trustees of an independent school district |
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shall, with the advice of its district-level committee established |
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under Subchapter F, Chapter 11, adopt a student code of conduct for |
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the district. The student code of conduct must be posted and |
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prominently displayed at each school campus or made available for |
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review at the office of the campus principal. In addition to |
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establishing standards for student conduct, the student code of |
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conduct must: |
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(1) specify the circumstances, in accordance with this |
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subchapter, under which a student may be removed from a classroom, |
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campus, or disciplinary alternative education program; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to require a student |
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to participate in a Junior Reserve Officers' Training Corps program |
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or to transfer a student to a disciplinary alternative education |
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program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.005 or expelled as provided by |
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Section 37.007; |
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(4) specify whether consideration is given, as a |
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factor in a decision to order suspension, participation in a Junior |
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Reserve Officers' Training Corps program, removal to a disciplinary |
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alternative education program, or expulsion, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.006; [and] |
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(B) an expulsion under Section 37.007; and |
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(C) required participation under Section |
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37.0055; |
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(6) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in suspension, required participation in a |
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Junior Reserve Officers' Training Corps program, removal to a |
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disciplinary alternative education program, or expulsion; |
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(7) prohibit bullying, harassment, and making hit |
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lists and ensure that district employees enforce those |
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prohibitions; and |
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(8) provide, as appropriate for students at each grade |
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level, methods, including options, for: |
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(A) managing students in the classroom and on |
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school grounds; |
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(B) disciplining students; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, harassment, and making |
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hit lists. |
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(e) Except as provided by Section 37.007(e), this |
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subchapter does not require the student code of conduct to specify a |
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minimum term of required participation under Section 37.0055, a |
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removal under Section 37.006, or an expulsion under Section 37.007. |
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SECTION 2. Section 37.002, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section is subject to Section 37.0055. |
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SECTION 3. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0055 to read as follows: |
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Sec. 37.0055. MANDATORY ALTERNATIVE PLACEMENT IN CERTAIN |
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CIRCUMSTANCES: JUNIOR RESERVE OFFICERS' TRAINING CORPS (JROTC). |
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(a) Notwithstanding any other provision of this subchapter and |
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except as provided by Subsection (c), a student who is otherwise |
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required or permitted under this subchapter to be placed in a |
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disciplinary alternative education program or juvenile justice |
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alternative education program must, instead of that placement, be |
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required to participate in a Junior Reserve Officers' Training |
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Corps program if: |
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(1) the school the student attends offers the program; |
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and |
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(2) the student meets the initial eligibility |
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requirements for the program. |
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(b) A student required to participate in a Junior Reserve |
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Officers' Training Corps program under this section continues to |
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attend the student's regularly assigned classes, except that the |
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student's schedule may be modified to the extent necessary to |
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provide for required attendance in the program. |
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(c) This section does not apply if: |
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(1) the student is removed from class and placed into |
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another appropriate classroom or into in-school suspension under |
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Section 37.002 or is suspended under Section 37.005; |
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(2) the student engages in conduct described by |
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Section 37.006(a)(2)(B) or Section 37.007(a)(2) or (b)(2)(C); |
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(3) the continued presence of the student in the |
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regular classroom threatens the safety of other students or |
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teachers; or |
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(4) the student engages in conduct for which the |
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student is required to be expelled from the student's regular |
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campus under federal law. |
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(d) Section 37.006(e) applies to this section. Not later |
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than the third class day after the date a student is required to |
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participate in a Junior Reserve Officers' Training Corps program |
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under this section, the school district shall notify the student's |
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parent or guardian of the student's placement. The notice must |
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include the reason for the placement. |
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(e) The board of trustees of the school district or the |
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board's designee shall set a term for a student's required |
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participation in a Junior Reserve Officers' Training Corps program |
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under this section. The term must be for a period consistent with |
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the guidelines adopted under the student code of conduct in |
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accordance with Section 37.001(a)(5)(C). If the period of |
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placement is inconsistent with the guidelines adopted under the |
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student code of conduct, the notice under Subsection (d) must |
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provide an explanation of the inconsistency. |
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(f) Notwithstanding Section 7.057(e), the decision to |
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require a student to participate in a Junior Reserve Officers' |
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Training Corps program under this section may be appealed by the |
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student or the student's parent or guardian to the commissioner as |
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provided by Sections 7.057(b), (c), (d), and (f). |
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(g) Before a student may be required to participate in a |
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Junior Reserve Officers' Training Corps program under this section |
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for a period that extends beyond the end of a school year, the board |
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of trustees or the board's designee must determine that the student |
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has engaged in serious or persistent misbehavior that violates the |
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district's student code of conduct. The period of required |
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participation may not exceed one year unless, after review, the |
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board or the board's designee determines that extended placement is |
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in the best interest of the student. |
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(h) The board of trustees shall inform each educator who has |
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responsibility for, or is under the direction and supervision of an |
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educator who has responsibility for, the instruction of a student |
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who is required to participate in a Junior Reserve Officers' |
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Training Corps program under this section. Each educator shall |
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keep the information received under this subsection confidential |
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from any person not entitled to the information under this |
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subsection, except that the educator may share the information with |
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the student's parent or guardian as provided for by state or federal |
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law. The State Board for Educator Certification may revoke or |
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suspend the certification of an educator who intentionally violates |
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this subsection or Subsection (i). |
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(i) If a student required to participate in a Junior Reserve |
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Officers' Training Corps program under this section enrolls in |
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another school district before the expiration of the period of |
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required participation, the board of trustees of the school |
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district requiring the participation shall provide to the district |
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in which the student enrolls, at the same time other records of the |
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student are provided, a copy of the placement order. The district |
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in which the student enrolls shall inform each educator who will |
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have responsibility for, or will be under the direction and |
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supervision of an educator who will have responsibility for, the |
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instruction of the student of the contents of the placement order. |
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Each educator shall keep the information received under this |
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subsection confidential from any person not entitled to the |
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information under this subsection, except that the educator may |
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share the information with the student's parent or guardian as |
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provided for by state or federal law. The district in which the |
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student enrolls may continue the Junior Reserve Officers' Training |
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Corps program placement under the terms of the order or may allow |
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the student to attend regular classes without completing the period |
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of required participation. If the school the student attends in the |
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district in which the student enrolls does not offer a Junior |
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Reserve Officers' Training Corps program, the student may be placed |
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in a disciplinary alternative education program or a juvenile |
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justice alternative education program under the procedures |
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provided by this subchapter for the remainder of the term set under |
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Subsection (e). |
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(j) A student required to participate in a Junior Reserve |
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Officers' Training Corps program under this section is subject to |
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the provisions of this subchapter relating to removal from class |
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and placement in a disciplinary alternative education program or |
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juvenile justice alternative education program if the student, |
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after any required participation in a Junior Reserve Officers' |
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Training Corps program under this section, engages in subsequent |
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conduct requiring or permitting the student to be removed from |
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class and placed in a disciplinary alternative education program or |
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juvenile justice alternative education program under this |
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subchapter. |
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SECTION 4. Section 37.006, Education Code, is amended by |
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adding Subsection (p) to read as follows: |
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(p) This section is subject to Section 37.0055. |
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SECTION 5. Section 37.007, Education Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) This section is subject to Section 37.0055. |
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SECTION 6. Section 37.0091(a), Education Code, is amended |
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to read as follows: |
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(a) A noncustodial parent may request in writing that a |
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school district or school, for the remainder of the school year in |
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which the request is received, provide that parent with a copy of |
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any written notification relating to alternative placement under |
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Section 37.0055 or student misconduct under Section 37.006 or |
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37.007 that is generally provided by the district or school to a |
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student's parent or guardian. |
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SECTION 7. Section 37.020, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) For each placement in a Junior Reserve Officers' |
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Training Corps program under Section 37.0055, the district shall |
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report: |
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(1) information identifying the student, including |
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the student's race, sex, and date of birth, that will enable the |
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agency to compare placement data with information collected through |
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other reports; |
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(2) information indicating whether the placement was |
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based on: |
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(A) conduct violating the student code of conduct |
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adopted under Section 37.001; |
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(B) conduct for which placement in a Junior |
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Reserve Officers' Training Corps program is required or permitted |
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by Section 37.0055; or |
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(C) conduct occurring while a student was |
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enrolled in another district and for which placement in a Junior |
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Reserve Officers' Training Corps program is permitted by Section |
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37.0055(i); |
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(3) the number of full or partial days the student was |
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assigned to the program and the number of full or partial days the |
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student attended the program; and |
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(4) the number of placements that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5)(C). |
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SECTION 8. Section 39.182(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than December 1 of each year, the agency shall |
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prepare and deliver to the governor, the lieutenant governor, the |
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speaker of the house of representatives, each member of the |
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legislature, the Legislative Budget Board, and the clerks of the |
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standing committees of the senate and house of representatives with |
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primary jurisdiction over the public school system a comprehensive |
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report covering the preceding school year and containing: |
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(1) an evaluation of the achievements of the state |
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educational program in relation to the statutory goals for the |
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public education system under Section 4.002; |
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(2) an evaluation of the status of education in the |
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state as reflected by the academic excellence indicators adopted |
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under Section 39.051; |
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(3) a summary compilation of overall student |
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performance on academic skills assessment instruments required by |
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Section 39.023 with the number and percentage of students exempted |
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from the administration of those instruments and the basis of the |
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exemptions, aggregated by grade level, subject area, campus, and |
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district, with appropriate interpretations and analysis, and |
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disaggregated by race, ethnicity, gender, and socioeconomic |
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status; |
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(4) a summary compilation of overall performance of |
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students placed in a disciplinary alternative education program |
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established under Section 37.008 on academic skills assessment |
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instruments required by Section 39.023 with the number of those |
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students exempted from the administration of those instruments and |
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the basis of the exemptions, aggregated by district, grade level, |
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and subject area, with appropriate interpretations and analysis, |
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and disaggregated by race, ethnicity, gender, and socioeconomic |
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status; |
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(5) a summary compilation of overall performance of |
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students at risk of dropping out of school, as defined by Section |
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29.081(d), on academic skills assessment instruments required by |
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Section 39.023 with the number of those students exempted from the |
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administration of those instruments and the basis of the |
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exemptions, aggregated by district, grade level, and subject area, |
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with appropriate interpretations and analysis, and disaggregated |
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by race, ethnicity, gender, and socioeconomic status; |
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(6) an evaluation of the correlation between student |
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grades and student performance on academic skills assessment |
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instruments required by Section 39.023; |
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(7) a statement of the dropout rate of students in |
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grade levels 7 through 12, expressed in the aggregate and by grade |
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level, and a statement of the completion rates of students for grade |
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levels 9 through 12; |
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(8) a statement of: |
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(A) the completion rate of students who enter |
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grade level 9 and graduate not more than four years later; |
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(B) the completion rate of students who enter |
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grade level 9 and graduate, including students who require more |
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than four years to graduate; |
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(C) the completion rate of students who enter |
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grade level 9 and not more than four years later receive a high |
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school equivalency certificate; |
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(D) the completion rate of students who enter |
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grade level 9 and receive a high school equivalency certificate, |
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including students who require more than four years to receive a |
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certificate; and |
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(E) the number and percentage of all students who |
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have not been accounted for under Paragraph (A), (B), (C), or (D); |
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(9) a statement of the projected cross-sectional and |
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longitudinal dropout rates for grade levels 9 through 12 for the |
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next five years, assuming no state action is taken to reduce the |
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dropout rate; |
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(10) a description of a systematic, measurable plan |
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for reducing the projected cross-sectional and longitudinal |
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dropout rates to five percent or less for the 1997-1998 school year; |
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(11) a summary of the information required by Section |
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29.083 regarding grade level retention of students and information |
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concerning: |
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(A) the number and percentage of students |
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retained; and |
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(B) the performance of retained students on |
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assessment instruments required under Section 39.023(a); |
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(12) information, aggregated by district type and |
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disaggregated by race, ethnicity, gender, [and] socioeconomic |
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status, and program type, on: |
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(A) the number of students placed in a |
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disciplinary alternative education program established under |
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Section 37.008 or a Junior Reserve Officers' Training Corps program |
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under Section 37.0055; |
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(B) the average length of a student's placement |
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in a disciplinary alternative education program established under |
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Section 37.008 or a Junior Reserve Officers' Training Corps program |
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under Section 37.0055; |
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(C) the academic performance of students on |
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assessment instruments required under Section 39.023(a) during the |
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year preceding and during the year following placement in a |
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disciplinary alternative education program or a Junior Reserve |
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Officers' Training Corps program under Section 37.0055; and |
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(D) the dropout rates of students who have been |
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placed in a disciplinary alternative education program established |
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under Section 37.008 or a Junior Reserve Officers' Training Corps |
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program under Section 37.0055; |
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(13) a list of each school district or campus that does |
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not satisfy performance standards, with an explanation of the |
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actions taken by the commissioner to improve student performance in |
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the district or campus and an evaluation of the results of those |
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actions; |
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(14) an evaluation of the status of the curriculum |
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taught in public schools, with recommendations for legislative |
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changes necessary to improve or modify the curriculum required by |
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Section 28.002; |
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(15) a description of all funds received by and each |
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activity and expenditure of the agency; |
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(16) a summary and analysis of the instructional |
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expenditures ratios and instructional employees ratios of school |
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districts computed under Section 44.0071; |
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(17) a summary of the effect of deregulation, |
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including exemptions and waivers granted under Section 7.056 or |
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39.112; |
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(18) a statement of the total number and length of |
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reports that school districts and school district employees must |
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submit to the agency, identifying which reports are required by |
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federal statute or rule, state statute, or agency rule, and a |
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summary of the agency's efforts to reduce overall reporting |
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requirements; |
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(19) a list of each school district that is not in |
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compliance with state special education requirements, including: |
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(A) the period for which the district has not |
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been in compliance; |
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(B) the manner in which the agency considered the |
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district's failure to comply in determining the district's |
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accreditation status; and |
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(C) an explanation of the actions taken by the |
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commissioner to ensure compliance and an evaluation of the results |
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of those actions; |
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(20) a comparison of the performance of |
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open-enrollment charter schools and school districts on the |
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academic excellence indicators specified in Section 39.051(b) and |
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accountability measures adopted under Section 39.051(g), with a |
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separately aggregated comparison of the performance of |
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open-enrollment charter schools predominantly serving students at |
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risk of dropping out of school, as defined by Section 29.081(d), |
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with the performance of school districts; |
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(21) a summary of the information required by Section |
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38.0141 regarding student health and physical activity from each |
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school district; |
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(22) a summary compilation of overall student |
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performance under the assessment system developed to evaluate the |
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longitudinal academic progress as required by Section 39.027(e), |
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disaggregated by bilingual education or special language program |
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instructional model, if any; and |
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(23) any additional information considered important |
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by the commissioner or the State Board of Education. |
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SECTION 9. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |