84R10719 GCB-D

By: Burns H.B. No. 2452

A BILL TO BE ENTITLED

AN ACT

relating to the provision of educational services to certain students receiving treatment at a day treatment center and to the consideration of those students for purposes of accountability and calculating average daily attendance.

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

SECTION 1. Section 5.001, Education Code, is amended by adding Subdivision (3-a) to read as follows:

(3-a) "Day treatment center" means a psychiatric day treatment facility, as defined by Section 1355.101, Insurance Code, that does not provide residential services.

SECTION 2. Subchapter A, Chapter 25, Education Code, is amended by adding Section 25.0012 to read as follows:

Sec. 25.0012. CHILDREN RECEIVING SERVICES AT DAY TREATMENT CENTER. (a) A school district or open-enrollment charter school shall provide educational services at a day treatment center to a student enrolled in the district or charter school for whom:

(1) a court orders the treatment; or

(2) a psychiatrist or a licensed physician certified by the American Board of Psychiatry and Neurology recommends the treatment and specifies the recommended duration of the treatment in a writing provided the district or charter school.

(b) A school district or open-enrollment charter school shall maintain a copy of a writing received under Subsection (a)(2).

(c) A school district or open-enrollment charter school may contract for the provision of educational services to a student at a day treatment center.

SECTION 3. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0551 to read as follows:

Sec. 39.0551. STUDENT RECEIVING EDUCATION SERVICES AT DAY TREATMENT CENTER CONSIDERED FOR ACCOUNTABILITY PURPOSES. (a) Except as provided by Subsection (b), a student receiving educational services at a day treatment center in accordance with Section 25.0012 is considered a student of the school district or open-enrollment charter school that provides the services to the student for purposes of determining the performance of a school district, campus, or open-enrollment charter school under this chapter, and 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 in the same manner as the performance of other students enrolled in the district or charter school.

(b) A student receiving educational services at a day treatment center in accordance with Section 25.0012 is not considered a student of a school district or open-enrollment charter school for purposes of determining the performance of a school district, campus, or open-enrollment charter school under this chapter if the school district or charter school contracts for the provision of services to that student, as permitted by Section 25.0012(c).

SECTION 4. Section 42.005, Education Code, is amended by adding Subsection (h) to read as follows:

(h) For purposes of calculating average daily attendance, a student receiving treatment at a day treatment center is considered in attendance for each day for which a school district or open-enrollment charter school provides educational services to the student at the day treatment center, in accordance with Section 25.0012.

SECTION 5. This Act applies beginning with the 2015-2016 school year.

SECTION 6. 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, 2015.