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A BILL TO BE ENTITLED
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AN ACT
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relating to a Texas Youth Commission comprehensive plan to improve |
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student reading skills and behavior. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 30, Education Code, is |
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amended by adding Section 30.106 to read as follows: |
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Sec. 30.106. READING AND BEHAVIOR PLAN. (a) Because |
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learning and behavior are inextricably linked and learning and |
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improved behavior correlate with decreased recidivism rates, the |
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Texas Youth Commission shall not only fulfill the commission's |
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duties under state and federal law to provide general and special |
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educational services to students in commission educational |
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programs but also shall implement a comprehensive plan to improve |
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the reading skills and behavior of those students. |
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(b) To improve the reading skills of students in Texas Youth |
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Commission educational programs, the commission shall: |
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(1) adopt a reliable battery of reading assessments |
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that: |
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(A) are based on a normative sample appropriate |
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to students in commission educational programs; |
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(B) are designed to be administered on an |
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individual basis; and |
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(C) allow school employees to: |
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(i) evaluate performance in each essential |
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component of effective reading instruction, including phonemic |
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awareness, phonics, fluency, vocabulary, and comprehension; |
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(ii) monitor progress in areas of |
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deficiency specific to an individual student; and |
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(iii) provide reading performance data; |
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(2) administer the assessments adopted under |
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Subdivision (1): |
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(A) at periodic intervals not to exceed 12 |
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months, to each student in a commission educational program; and |
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(B) at least 15 days and not more than 30 days |
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before a student is released from the commission; |
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(3) provide at least 60 minutes per school day of |
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individualized reading instruction to each student in a commission |
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educational program who exhibits deficits in reading on the |
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assessments adopted under Subdivision (1): |
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(A) by trained educators with expertise in |
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teaching reading to struggling adolescent readers; and |
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(B) through the use of scientifically based, |
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peer-reviewed reading curricula that: |
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(i) have proven effective in improving the |
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reading performance of struggling adolescent readers; |
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(ii) address individualized and |
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differentiated reading goals; and |
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(iii) include each of the essential |
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components of effective reading instruction, including phonemic |
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awareness, phonics, fluency, vocabulary, and comprehension; |
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(4) require each teacher in a commission regular or |
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special educational program who teaches English language arts, |
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reading, mathematics, science, social studies, or career and |
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technology education to be trained in incorporating content area |
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reading instruction using empirically validated instructional |
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methods that are appropriate for struggling adolescent readers; and |
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(5) evaluate the effectiveness of the commission's |
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plan to increase reading skills according to the following |
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criteria: |
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(A) an adequate rate of improvement in reading |
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performance, as measured by monthly progress monitoring using |
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curricular-based assessments in each of the essential components of |
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effective reading instruction, including phonemic awareness, |
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phonics, fluency, vocabulary, and comprehension; |
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(B) a significant annual rate of improvement in |
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reading performance, disaggregated by subgroups designated under |
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commission rule, as measured using the battery of reading |
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assessments adopted under Subdivision (1); and |
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(C) student ratings of the quality and impact of |
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the reading plan under this subsection, as measured on a student |
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self-reporting instrument. |
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(c) To increase the positive social behaviors of students in |
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Texas Youth Commission educational programs and to create an |
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educational environment that facilitates learning, the commission |
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shall: |
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(1) adopt system-wide classroom and individual |
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positive behavior supports that incorporate a continuum of |
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prevention and intervention strategies that: |
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(A) are based on current behavioral research; and |
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(B) are systematically and individually applied |
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to students consistent with the demonstrated level of need; |
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(2) require each teacher and other educational staff |
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member in a commission educational program to be trained in |
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implementing the positive behavior support system adopted under |
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Subdivision (1); and |
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(3) adopt valid assessment techniques to evaluate the |
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effectiveness of the positive behavior support system according to |
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the following criteria: |
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(A) documentation of school-related disciplinary |
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referrals, disaggregated by the type, location, and time of |
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infraction and by subgroups designated under commission rule; |
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(B) documentation of school-related disciplinary |
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actions, including time-out, placement in security, and use of |
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restraints and other aversive control measures, disaggregated by |
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subgroups designated under commission rule; |
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(C) validated measurement of systemic positive |
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behavioral support interventions; and |
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(D) the number of minutes students are out of the |
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regular classroom because of disciplinary reasons. |
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(d) The Texas Youth Commission shall consult with faculty |
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from institutions of higher education who have expertise in reading |
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instruction for adolescents, in juvenile corrections, and in |
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positive behavior supports to develop and implement the plan under |
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Subsections (b) and (c). |
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(e) A student in a Texas Youth Commission educational |
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program may not be released on parole from the commission unless the |
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student participates, to the extent required by commission rule, in |
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the positive behavior support system under Subsection (c). A |
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student in a commission educational program who exhibits deficits |
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in reading on the assessments adopted under Subsection (b)(1) must |
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also participate in reading instruction to the extent required by |
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this section and by commission rule before the student may be |
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released on parole. |
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(f) Not later than December 1, 2010, the Texas Youth |
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Commission shall report to the legislature concerning: |
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(1) the effectiveness of the commission's reading plan |
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based on the criteria specified by Subsection (b)(5); and |
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(2) the implementation of the positive behavior |
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support system plan under Subsection (c). |
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(g) Not later than December 1, 2012, the Texas Youth |
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Commission shall report to the legislature concerning the |
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effectiveness of the positive behavior support system based on the |
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criteria specified by Subsection (c)(3). |
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(h) Subsections (f) and (g) and this subsection expire |
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January 1, 2013. |
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SECTION 2. (a) Not later than November 1, 2009, the Texas |
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Youth Commission shall adopt the battery of reading assessments as |
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required by Subsection (b), Section 30.106, Education Code, as |
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added by this Act. |
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(b) Not later than January 1, 2010, the Texas Youth |
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Commission shall begin administering the battery of reading |
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assessments as required by Subsection (b), Section 30.106, |
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Education Code, as added by this Act. |
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SECTION 3. Subsection (e), Section 30.106, Education Code, |
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as added by this Act, applies to release on parole from the Texas |
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Youth Commission beginning September 1, 2010. |
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SECTION 4. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |