By: Huffman  S.B. No. 306
         (In the Senate - Filed January 31, 2013; February 5, 2013,
  read first time and referred to Committee on Education;
  February 25, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0;
  February 25, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 306 By:  Campbell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to consideration of a student receiving treatment in a
  residential 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 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, or open-enrollment charter school 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 facility is
  not considered to be a student of the school district in which the
  program or facility is physically located or of an open-enrollment
  charter school, as applicable.  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
  or an open-enrollment charter school, as applicable.
         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.
 
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