By: Gallegos S.B. No. 346

(In the Senate - Filed January 12, 2011; February 2, 2011, read first time and referred to Committee on Education; April 20, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 1; April 20, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 346 By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to the curriculum that must be provided by a disciplinary alternative education program.

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

SECTION 1. Subsections (a) and (l), Section 37.008, Education Code, are amended to read as follows:

(a) Each school district shall provide a disciplinary alternative education program that:

(1) is provided in a setting other than a student's regular classroom;

(2) is located on or off of a regular school campus;

(3) provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;

(4) focuses on English language arts, mathematics, science, history, and self-discipline;

(5) provides for students' educational and behavioral needs;

(6) provides supervision and counseling;

(7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21; [and]

(8) provides not less than the minimum amount of instructional time per day required by Section 25.082(a); and

(9) provides for students who are assigned to the disciplinary alternative education program for one semester or more:

(A) structured courses in English language arts, mathematics, science, history, and self-discipline that are equivalent in content and rigor to courses in those subjects as provided in the regular classroom setting; and

(B) an established curriculum for each grade level that provides students an opportunity to achieve promotion to the next grade level or to graduate from high school on the same schedule as students in the regular classroom setting.

(l) A school district is required to provide in the district's disciplinary alternative education program a course necessary to fulfill a student's high school graduation requirements [only as provided by this subsection]. A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school. The district may not charge the student for a course provided under this subsection.

SECTION 2. This Act applies beginning with the 2011-2012 school year.

SECTION 3. 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.

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