82R4054 CAS-D

By: Walle H.B. No. 711

A BILL TO BE ENTITLED

AN ACT

relating to a study and report by the Texas Education Agency regarding certain public school disciplinary placements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.023 to read as follows:

Sec. 37.023. STUDY AND REPORT REGARDING DISCIPLINARY PLACEMENTS. (a) In this section, a disciplinary placement includes:

(1) removal from class and placement in in-school suspension under Section 37.002;

(2) suspension from school under Section 37.005;

(3) removal from class and placement in a disciplinary alternative education program under Section 37.006;

(4) expulsion from school under Section 37.007; and

(5) placement in a juvenile justice alternative education program under Section 37.011 following an expulsion from school.

(b) The agency shall conduct a study of student disciplinary placements made by school districts and open-enrollment charter schools to determine:

(1) the academic progress made by those students; and

(2) the percentage of those students who are:

(A) members of a racial or ethnic minority group; or

(B) eligible for a special education program under Section 29.003.

(c) In determining the academic progress of students for purposes of Subsection (b)(1), the agency shall consider, as applicable:

(1) the results of assessment instruments administered under Section 39.023;

(2) overall grade point average;

(3) class rank;

(4) four-, five-, and six-year high school graduation rates;

(5) the percentage of students who have:

(A) obtained a high school equivalency certificate;

(B) received a certificate of course work completion; or

(C) received a high school diploma;

(6) the percentage of students who have completed each of the following:

(A) the minimum high school program;

(B) the recommended high school program; and

(C) the advanced high school program;

(7) the percentage of students who have dropped out of school; and

(8) any other indicator the agency determines to be appropriate.

(d) The agency shall require each school district and open-enrollment charter school to provide any information necessary to conduct the study under this section. A district or charter school shall provide the information in a manner that does not provide personally identifiable information concerning a student.

(e) In conducting the study under this section, the agency may consult with a faculty or staff member of a public or private institution of higher education who has expertise relevant to an issue to be studied.

(f) Not later than December 1, 2012, the agency shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a written report that contains:

(1) the results of the study under this section; and

(2) agency recommendations concerning statutory changes necessary or appropriate for:

(A) reducing the number of students described by Subsections (b)(2)(A) and (B) who are assigned by school districts and open-enrollment charter schools to disciplinary placements; and

(B) improving the academic progress, especially the high school graduation rates, of those students.

(g) This section expires January 1, 2013.

SECTION 2. 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, 2011.