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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a pilot program in designated public high |
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schools in certain municipalities for placement of students in |
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Junior Reserve Officers' Training Corps programs as an alternative |
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to placement in disciplinary or juvenile justice alternative |
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education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. PILOT PROGRAM IN DESIGNATED HIGH SCHOOLS IN |
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CERTAIN MUNICIPALITIES FOR ALTERNATIVE DISCIPLINARY PLACEMENT: |
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JUNIOR RESERVE OFFICERS' TRAINING CORPS (JROTC) |
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Sec. 37.031. ESTABLISHMENT OF PILOT PROGRAM. (a) A pilot |
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program is established under this subchapter for placement of high |
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school students in Junior Reserve Officers' Training Corps programs |
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as an alternative, in accordance with Section 37.032, to placement |
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in disciplinary alternative education programs or juvenile justice |
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alternative education programs. |
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(b) The pilot program applies only to a student enrolled in |
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a high school: |
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(1) located in a municipality: |
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(A) with a population of 200,000 or more; and |
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(B) with less than 65 percent of the population |
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18 to 24 years of age having graduated from high school, according |
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to the most recent American Community Survey five-year estimates |
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compiled by the United States Census Bureau; and |
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(2) designated by the agency under Subsection (c). |
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(c) The agency shall designate not more than two high |
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schools that are located in a municipality described by Subsection |
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(b)(1) and that offer Junior Reserve Officers' Training Corps |
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programs to participate in the pilot program. The commissioner by |
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rule shall adopt additional criteria that promote positive student |
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educational outcomes for the agency to use in making designations |
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under this subchapter. |
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Sec. 37.032. PARTICIPATION REQUIREMENTS AND EXCEPTIONS. |
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(a) Notwithstanding any other provision of Subchapter A and except |
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as provided by Subsection (c), a student subject to this subchapter |
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who is otherwise required or permitted under Subchapter A to be |
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placed in a disciplinary alternative education program or juvenile |
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justice alternative education program shall, instead of that |
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placement, be required to participate in a Junior Reserve Officers' |
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Training Corps program if the student meets the initial eligibility |
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requirements for the program. |
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(b) A student required to participate in a Junior Reserve |
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Officers' Training Corps program under this subchapter shall |
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continue to attend the student's regularly assigned classes, except |
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that the student's schedule may be modified to the extent necessary |
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to provide for required attendance in the program. |
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(c) This subchapter does not apply if: |
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(1) the student is removed from class and placed into |
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another appropriate classroom or into in-school suspension under |
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Section 37.002 or is suspended under Section 37.005; |
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(2) the student engages in conduct described by |
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Section 37.006(a)(2)(B) or Section 37.007(a)(2) or (b)(2)(C); |
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(3) the continued presence of the student in the |
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regular classroom threatens the safety of other students or |
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teachers; or |
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(4) the student engages in conduct for which the |
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student is required to be expelled from the student's regular |
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campus under federal law. |
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Sec. 37.033. STUDENT CODE OF CONDUCT. (a) In addition to |
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the requirements for the student code of conduct under Section |
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37.001, the student code of conduct for a school district that |
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includes a school designated under Section 37.031(c) must, |
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consistent with this subchapter and as applied to the designated |
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school: |
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(1) specify conditions that authorize or require a |
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principal or other appropriate administrator to require a student |
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to participate in a Junior Reserve Officers' Training Corps |
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program; |
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(2) specify that consideration will be given, as a |
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factor in each decision concerning participation in a Junior |
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Reserve Officers' Training Corps program, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(3) provide guidelines for setting the length of a |
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term of required participation under this subchapter; and |
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(4) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in required participation in a Junior |
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Reserve Officers' Training Corps program. |
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(b) This section does not require the student code of |
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conduct to specify a minimum term of required participation. |
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Sec. 37.034. DETERMINATION REGARDING CERTAIN CONDUCT. |
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Section 37.006(e) applies to this subchapter. |
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Sec. 37.035. NOTICE TO PARENTS. (a) Not later than the |
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third class day after the date a student is required to participate |
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in a Junior Reserve Officers' Training Corps program under this |
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subchapter, the school district shall notify the student's parent |
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or guardian of the student's placement. The notice must include the |
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reason for the placement. |
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(b) A noncustodial parent may request in writing that a |
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school district or school, for the remainder of the school year in |
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which the request is received, provide that parent with a copy of |
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any written notification relating to the student's placement under |
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this subchapter that is generally provided by the district or |
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school to a student's parent or guardian. |
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Sec. 37.036. TERM OF PLACEMENT. (a) The board of trustees |
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of the school district or the board's designee shall set a term for |
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a student's required participation in a Junior Reserve Officers' |
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Training Corps program under this subchapter. The term must be for |
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a period consistent with the guidelines adopted under the student |
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code of conduct in accordance with Section 37.033(a)(3). If the |
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period of placement is inconsistent with the guidelines adopted |
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under the student code of conduct, the notice under Section |
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37.035(a) must provide an explanation of the inconsistency. |
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(b) Before a student may be required to participate in a |
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Junior Reserve Officers' Training Corps program under this |
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subchapter for a period that extends beyond the end of a school |
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year, the board of trustees or the board's designee must determine |
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that the student has engaged in serious or persistent misbehavior |
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that violates the district's student code of conduct. The period of |
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required participation may not exceed one year unless, after |
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review, the board or the board's designee determines that extended |
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placement is in the best interest of the student. |
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Sec. 37.037. APPEAL. Notwithstanding Section 7.057(e), |
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the decision to require a student to participate in a Junior Reserve |
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Officers' Training Corps program under this subchapter may be |
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appealed by the student or the student's parent or guardian to the |
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commissioner as provided by Sections 7.057(b), (c), (d), and (f). |
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Sec. 37.038. NOTICE TO EDUCATORS. (a) The board of |
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trustees of the school district shall inform each educator who has |
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responsibility for, or is under the direction and supervision of an |
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educator who has responsibility for, the instruction of a student |
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who is required to participate in a Junior Reserve Officers' |
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Training Corps program under this subchapter. |
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(b) Each educator shall keep the information received under |
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this section confidential from any person not entitled to the |
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information under this section, except that the educator may share |
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the information with the student's parent or guardian as provided |
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for by state or federal law. |
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(c) The State Board for Educator Certification may revoke or |
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suspend the certification of an educator who intentionally violates |
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this section or Section 37.039. |
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Sec. 37.039. TRANSFER OF STUDENT UNDER PILOT PROGRAM. (a) |
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If a student required to participate in a Junior Reserve Officers' |
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Training Corps program under this subchapter enrolls in another |
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school district before the expiration of the period of required |
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participation, the board of trustees of the school district |
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requiring the participation shall provide to the district in which |
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the student enrolls, at the same time other records of the student |
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are provided, a copy of the placement order. The district in which |
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the student enrolls shall inform each educator who will have |
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responsibility for, or will be under the direction and supervision |
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of an educator who will have responsibility for, the instruction of |
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the student of the contents of the placement order. |
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(b) Each educator shall keep the information received under |
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this section confidential from any person not entitled to the |
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information under this section, except that the educator may share |
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the information with the student's parent or guardian as provided |
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for by state or federal law. |
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(c) Subject to Subsection (d), the school district in which |
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the student enrolls may continue the Junior Reserve Officers' |
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Training Corps program placement under the terms of the order or may |
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allow the student to attend regular classes without completing the |
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period of required participation. |
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(d) If the school the student attends in the school district |
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in which the student enrolls does not offer a Junior Reserve |
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Officers' Training Corps program, the student may be placed in a |
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disciplinary alternative education program or a juvenile justice |
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alternative education program under the procedures provided by this |
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subchapter for the remainder of the term set under Section 37.036. |
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Sec. 37.040. PROCEDURE FOR ADDRESSING SUBSEQUENT CONDUCT |
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AFTER PROGRAM PARTICIPATION. A student required to participate in |
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a Junior Reserve Officers' Training Corps program under this |
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subchapter is subject to the provisions of Subchapter A relating to |
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removal from class and placement in a disciplinary alternative |
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education program or juvenile justice alternative education |
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program if the student, after completion of any required |
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participation in a Junior Reserve Officers' Training Corps program |
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under this subchapter, engages in subsequent conduct requiring or |
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permitting the student to be removed from class and placed in a |
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disciplinary alternative education program or juvenile justice |
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alternative education program under Subchapter A. |
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Sec. 37.041. APPLICABILITY TO SUBCHAPTER A. Sections |
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37.002, 37.006, and 37.007 are subject to this subchapter. |
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Sec. 37.042. REVIEW OF PROGRAM; REPORT. Not later than |
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January 1, 2015, the commissioner shall review the pilot program |
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established under this subchapter and submit to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the presiding officer of each legislative standing committee |
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with primary jurisdiction over primary and secondary education a |
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written report regarding the progress made by the pilot program in |
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improving student educational outcomes. |
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Sec. 37.043. EXPIRATION. This subchapter expires September |
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1, 2015. |
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SECTION 2. Section 37.020, Education Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) For each placement in a Junior Reserve Officers' |
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Training Corps program under Subchapter A-1, the district shall |
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report: |
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(1) information identifying the student, including |
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the student's race, sex, and date of birth, that will enable the |
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agency to compare placement data with information collected through |
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other reports; |
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(2) information indicating whether the placement was |
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based on: |
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(A) conduct violating the student code of conduct |
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adopted under Section 37.001; |
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(B) conduct for which placement in a Junior |
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Reserve Officers' Training Corps program is required or permitted |
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by Subchapter A-1; or |
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(C) conduct occurring while a student was |
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enrolled in another district and for which placement in a Junior |
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Reserve Officers' Training Corps program is permitted by Section |
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37.039; |
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(3) the number of full or partial days the student was |
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assigned to the program and the number of full or partial days the |
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student attended the program; |
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(4) the number of placements that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.033(a)(3); |
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(5) information regarding the academic performance of |
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the student on assessment instruments required under Section |
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39.023(a) during the year preceding, during the year of, and during |
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the year following placement in the program, to the extent |
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available; and |
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(6) information indicating whether the student |
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dropped out of school, to the extent available. |
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(e) Subsection (d) and this subsection expire September 1, |
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2015. |
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SECTION 3. (a) Not later than December 1, 2013, the |
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commissioner of education shall adopt rules for the Texas Education |
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Agency to use to designate public high schools to participate in the |
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pilot program established under Subchapter A-1, Chapter 37, |
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Education Code, as added by this Act. |
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(b) Not later than January 1, 2014, the Texas Education |
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Agency shall designate not more than two public high schools to |
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participate in the pilot program established under Subchapter A-1, |
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Chapter 37, Education Code, as added by this Act. |
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(c) The pilot program established under Subchapter A-1, |
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Chapter 37, Education Code, as added by this Act, shall be |
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implemented in each high school designated under that subchapter |
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beginning with the spring semester of the 2013-2014 school year. |
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SECTION 4. 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, 2013. |