83R3882 CAS-D
 
  By: Huffman S.B. No. 306
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consideration of a student receiving treatment in a
  residential treatment facility for public school accountability
  purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.055, Education Code, is amended to
  read as follows:
         Sec. 39.055.  STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
  IN RESIDENTIAL TREATMENT FACILITY NOT CONSIDERED FOR
  ACCOUNTABILITY PURPOSES. Notwithstanding any other provision of
  this code except to the extent otherwise provided under Section
  39.054(f), for purposes of determining the performance of a school
  district or campus under this chapter, a student ordered by a
  juvenile court into a residential program or facility operated by
  or under contract with the Texas Juvenile Justice Department [Youth
  Commission, the Texas Juvenile Probation Commission], a juvenile
  board, or any other governmental entity or any student who is
  receiving treatment in a residential treatment facility is not
  considered to be a student of the school district in which the
  program or facility is physically located.  The performance of such
  a student on an assessment instrument or other student achievement
  indicator adopted under Section 39.053 or reporting indicator
  adopted under Section 39.301 shall be determined, reported, and
  considered separately from the performance of students attending a
  school of the district in which the program or facility is
  physically located.
         SECTION 2.  This Act applies beginning with the 2013-2014
  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, 2013.