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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for a public education grant of certain |
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students receiving special education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.202(a), Education Code, is amended to |
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read as follows: |
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(a) A student is eligible to receive a public education |
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grant or to attend another public school in the district in which |
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the student resides under this subchapter if the student is |
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assigned to attend a public school campus: |
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(1) at which 50 percent or more of the students did not |
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perform satisfactorily on an assessment instrument administered |
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under Section 39.023(a) or (c) in any two of the preceding three |
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years; [or] |
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(2) that, at any time in the preceding three years, |
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failed to satisfy any standard under Section 39.054(e); or |
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(3) that is found by the agency under Section 29.010 to |
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be in noncompliance with major requirements of the Individuals with |
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Disabilities Education Act (20 U.S.C. Section 1400 et seq.), |
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federal regulations, state statutes, or agency requirements |
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necessary to carry out federal law or regulations or state law |
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related to special education, provided that the student received |
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special education services at the campus for at least one school |
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year or calendar year before the finding of noncompliance. |
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SECTION 2. Section 29.203(d), Education Code, is amended to |
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read as follows: |
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(d) A school district chosen by a student's parent under |
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Section 29.201 is entitled to accept or reject the application for |
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the student to attend school in that district but may not use |
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criteria that discriminate on the basis of a student's race, |
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ethnicity, academic achievement, athletic abilities, language |
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proficiency, sex, [or] socioeconomic status, or disability. A |
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school district that has more acceptable applicants for attendance |
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under this subchapter than available positions must give priority |
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to students at risk of dropping out of school as defined by Section |
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29.081 and students who are eligible under Section 29.202(a)(3), |
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and must fill the available positions by lottery. However, to |
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achieve continuity in education, a school district may give |
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preference over at-risk students and students eligible under |
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Section 29.202(a)(3) to enrolled students and to the siblings of |
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enrolled students residing in the same household or other children |
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residing in the same household as enrolled students for the |
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convenience of parents, guardians, or custodians of those children. |
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SECTION 3. Section 29.204, Education Code, is amended to |
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read as follows: |
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Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of |
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each year the commissioner shall, based on the most recent |
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information available, provide notice to each school district in |
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which a campus described by Section 29.202(a)(1) or (2) [29.202] is |
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located that: |
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(1) identifies each campus in the district that meets |
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the description in Section 29.202(a)(1) or (2) [29.202]; and |
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(2) informs the district that the district must comply |
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with Subsection (b). |
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(a-1) As soon as possible after the agency finds that a |
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campus is in noncompliance for purposes of Section 29.202(a)(3), |
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the commissioner shall provide notice to the school district and |
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inform the district that the district must comply with Subsection |
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(b). |
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(b) Not later than February 1 of each year, a school |
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district shall notify the parent of each student in the district |
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assigned to attend a campus described by Section 29.202(a)(1) or |
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(2) [29.202] that the student is eligible for a public education |
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grant. In accordance with commissioner rule, a school district |
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shall notify the parent of each student in the district eligible |
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under Section 29.202(a)(3) of the student's eligibility as soon as |
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possible after the student's campus is found to be in noncompliance |
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for purposes of that section. The notice must contain a clear, |
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concise explanation of the public education grant program and of |
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the manner in which the parent may obtain further information about |
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the program. |
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SECTION 4. This Act applies beginning with the 2013-2014 |
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school year. |
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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, 2013. |