81R701 JRJ-D
 
  By: Dutton H.B. No. 919
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of provisions of the Education Code
  to certain alternative education programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.081(e), Education Code, is amended to
  read as follows:
         (e)  A school district may use a private or public
  community-based dropout recovery education program to provide
  alternative education programs for students at risk of dropping out
  of school. The programs must:
               (1)  provide not less than the minimum amount [four
  hours] of instructional time per day required under Section
  25.082(a);
               (2)  employ as faculty and administrators persons with
  baccalaureate or advanced degrees who meet all certification
  requirements established under Subchapter B, Chapter 21;
               (3)  provide at least one instructor for each 28
  students;
               (4)  perform satisfactorily according to performance
  indicators and accountability standards adopted for alternative
  education programs by the commissioner; and
               (5)  comply with this title and rules adopted under
  this title except as otherwise provided by this subsection.
         SECTION 2.  Sections 37.008(b) and (c), Education Code, are
  amended to read as follows:
         (b)  A disciplinary alternative education program may
  provide for a student's transfer to:
               (1)  a different campus;
               (2)  a school-community guidance center under
  Subchapter B; or
               (3)  a community-based alternative school, including a
  community-based dropout recovery education program under Section
  29.081(e).
         (c)  An off-campus disciplinary alternative education
  program, including a school-community guidance center, a
  community-based alternative school, or a community-based dropout
  recovery education program, is not subject to a requirement imposed
  by this title, other than:
               (1)  a limitation on liability;
               (2)  [,] a reporting requirement;
               (3)  [, or] a requirement imposed by this chapter or by
  Chapter 39; or
               (4)  any other requirement imposed by this title that
  applies to an on-campus disciplinary alternative education
  program.
         SECTION 3.  Sections 29.081(e) and 37.008(b) and (c),
  Education Code, as amended by this Act, apply beginning with the
  2009-2010 school year.
         SECTION 4.  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, 2009.