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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of juvenile justice alternative |
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education programs in counties with a population greater than |
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125,000. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.086(a), Education Code, is amended to |
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read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a [mandatory] |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless as defined by 42 U.S.C. |
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Section 11302; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) is enrolled in the Texas Academy of Mathematics |
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and Science under Subchapter G, Chapter 105; |
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(9) is enrolled in the Texas Academy of Leadership in |
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the Humanities; |
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(10) is enrolled in the Texas Academy of Mathematics |
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and Science at The University of Texas at Brownsville; |
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(11) is enrolled in the Texas Academy of International |
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Studies; or |
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(12) is specifically exempted under another law. |
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SECTION 2. Section 37.010(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the second business day after the date a |
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hearing is held under Section 37.009, the board of trustees of a |
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school district or the board's designee shall deliver a copy of the |
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order placing a student in a disciplinary alternative education |
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program under Section 37.006 or expelling a student under Section |
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37.007 and any information required under Section 52.04, Family |
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Code, to the authorized officer of the juvenile court in the county |
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in which the student resides. In a county that operates a program |
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under Section 37.011, an expelled student shall to the extent |
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provided by law or by the memorandum of understanding immediately |
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attend the educational program from the date of expulsion[, except
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that in a county with a population greater than 125,000, every
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expelled student who is not detained or receiving treatment under
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an order of the juvenile court must be enrolled in an educational
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program]. |
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SECTION 3. Sections 37.011(a) and (k), Education Code, are |
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amended to read as follows: |
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(a) The juvenile board of a county with a population greater |
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than 125,000 may [shall] develop a juvenile justice alternative |
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education program, subject to the approval of the Texas Juvenile |
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Probation Commission. The juvenile board of a county with a |
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population of 125,000 or less may develop a juvenile justice |
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alternative education program. For the purposes of this |
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subchapter, only a disciplinary alternative education program |
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operated under the authority of a juvenile board of a county is |
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considered a juvenile justice alternative education program. A |
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juvenile justice alternative education program in a county with a |
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population of 125,000 or less: |
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(1) is not required to be approved by the Texas |
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Juvenile Probation Commission; and |
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(2) is not subject to Subsection (c), (d), (f), or (g). |
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(k) If the juvenile board of a county with a population |
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greater than 125,000 develops a juvenile justice alternative |
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education program, each [Each] school district in the [a] county |
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[with a population greater than 125,000] and the county juvenile |
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board shall annually enter into a joint memorandum of understanding |
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that: |
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(1) outlines the responsibilities of the juvenile |
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board concerning the establishment and operation of a juvenile |
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justice alternative education program under this section; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board for students of the school |
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district served in the juvenile justice alternative education |
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program whose placement was not made on the basis of an expulsion |
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required under Section 37.007(a), (d), or (e); |
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(3) identifies those categories of conduct that the |
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school district has defined in its student code of conduct as |
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constituting serious or persistent misbehavior for which a student |
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may be placed in the juvenile justice alternative education |
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program; |
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(4) identifies and requires a timely placement and |
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specifies a term of placement for expelled students for whom the |
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school district has received a notice under Section 52.041(d), |
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Family Code; |
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(5) establishes services for the transitioning of |
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expelled students to the school district prior to the completion of |
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the student's placement in the juvenile justice alternative |
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education program; |
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(6) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(7) establishes the circumstances and conditions |
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under which a juvenile may be allowed to remain in the juvenile |
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justice alternative education program setting once the juvenile is |
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no longer under juvenile court jurisdiction; and |
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(8) establishes a plan to address special education |
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services required by law. |
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SECTION 4. (a) Subject to any memorandum of understanding |
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with a school district that is in effect on the effective date of |
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this Act, the juvenile board of a county with a population greater |
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than 125,000 may discontinue an existing juvenile justice |
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alternative education program on or after the effective date of |
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this Act. |
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(b) If the juvenile board of a county with a population |
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greater than 125,000 has obtained the approval of the Texas |
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Juvenile Probation Commission for a juvenile justice alternative |
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education program before the effective date of this Act, the |
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approval is continued in effect for purposes of Section 37.011(a), |
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Education Code, as amended by this Act. |
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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, 2011. |