H.B. No. 3195
 
 
 
 
AN ACT
  relating to juveniles committed to the Texas Juvenile Justice
  Department and the transition of students from alternative
  education programs to regular classrooms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.023 to read as follows:
         Sec. 37.023.  TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM
  TO REGULAR CLASSROOM. (a)  In this section:
               (1)  "Alternative education program" includes:
                     (A)  a disciplinary alternative education program
  operated by a school district or open-enrollment charter school;
                     (B)  a juvenile justice alternative education
  program; and
                     (C)  a residential program or facility operated by
  or under contract with the Texas Juvenile Justice Department, a
  juvenile board, or any other governmental entity.
               (2)  "Licensed clinical social worker" has the meaning
  assigned by Section 505.002, Occupations Code.
         (b)  As soon as practicable after an alternative education
  program determines the date of a student's release from the
  program, the alternative education program administrator shall:
               (1)  provide written notice of that date to:
                     (A)  the student's parent or a person standing in
  parental relation to the student; and
                     (B)  the administrator of the campus to which the
  student intends to transition; and
               (2)  provide the campus administrator:
                     (A)  an assessment of the student's academic
  growth while attending the alternative education program; and
                     (B)  the results of any assessment instruments
  administered to the student.
         (c)  Not later than five instructional days after the date of
  a student's release from an alternative education program, the
  campus administrator shall coordinate the student's transition to a
  regular classroom. The coordination must include assistance and
  recommendations from:
               (1)  school counselors;
               (2)  school district peace officers;
               (3)  school resource officers;
               (4)  licensed clinical social workers;
               (5)  campus behavior coordinators;
               (6)  classroom teachers who are or may be responsible
  for implementing the student's personalized transition plan
  developed under Subsection (d); and
               (7)  any other appropriate school district personnel.
         (d)  The assistance required by Subsection (c) must include a
  personalized transition plan for the student developed by the
  campus administrator. A personalized transition plan:
               (1)  must include recommendations for the best
  educational placement of the student; and
               (2)  may include:
                     (A)  recommendations for counseling, behavioral
  management, or academic assistance for the student with a
  concentration on the student's academic or career goals;
                     (B)  recommendations for assistance for obtaining
  access to mental health services provided by the district or
  school, a local mental health authority, or another private or
  public entity;
                     (C)  the provision of information to the student's
  parent or a person standing in parental relation to the student
  about the process to request a full individual and initial
  evaluation of the student for purposes of special education
  services under Section 29.004; and
                     (D)  a regular review of the student's progress
  toward the student's academic or career goals.
         (e)  If practicable, the campus administrator, or the
  administrator's designee, shall meet with the student's parent or a
  person standing in parental relation to the student to coordinate
  plans for the student's transition.
         (f)  This section applies only to a student subject to
  compulsory attendance requirements under Section 25.085.
         SECTION 2.  Section 59.009(a), Family Code, is amended to
  read as follows:
         (a)  For a child at sanction level six, the juvenile court
  may commit the child to the custody of the Texas Juvenile Justice
  Department [or a post-adjudication secure correctional facility
  under Section 54.04011(c)(1)]. The department[, juvenile board, or
  local juvenile probation department, as applicable,] may:
               (1)  require the child to participate in a highly
  structured residential program that emphasizes discipline,
  accountability, fitness, training, and productive work for not less
  than nine months or more than 24 months unless the department
  reduces or[, board, or probation department] extends the period and
  the reason for the reduction or [an] extension is documented;
               (2)  require the child to make restitution to the
  victim of the child's conduct or perform community service
  restitution appropriate to the nature and degree of the harm caused
  and according to the child's ability, if there is a victim of the
  child's conduct;
               (3)  require the child and the child's parents or
  guardians to participate in programs and services for their
  particular needs and circumstances; and
               (4)  if appropriate, impose additional sanctions.
         SECTION 3.  Section 244.003(b), Human Resources Code, is
  amended to read as follows:
         (b)  Except as provided by Section 243.051(c), these records
  and all other information concerning a child, including personally
  identifiable information, are not public and are available only:
               (1)  according to the provisions of Section 58.005,
  Family Code, Section 244.051 of this code, and Chapter 67, Code of
  Criminal Procedure; or
               (2)  to an individual or entity assisting the
  department in providing transition planning and reentry services to
  the child, as determined by the department.
         SECTION 4.  Section 245.054(a), Human Resources Code, is
  amended to read as follows:
         (a)  In addition to providing the court with notice of
  release of a child under Section 245.051(b), as soon as possible but
  not later than the 10th [30th] day before the date the department
  releases the child, the department shall provide the court that
  committed the child to the department:
               (1)  a copy of the child's reentry and reintegration
  plan developed under Section 245.0535; and
               (2)  a report concerning the progress the child has
  made while committed to the department.
         SECTION 5.  Section 30.106(e), Education Code, is repealed.
         SECTION 6.  Section 37.023, Education Code, as added by this
  Act, applies beginning with the 2019-2020 school year.
         SECTION 7.  The changes in law made by this Act to Section
  59.009(a), Family Code, do not apply to a child committed to a
  post-adjudication secure correctional facility under former
  Section 54.04011(c)(1), Family Code, and the former law is
  continued in effect for a child committed to the facility.
         SECTION 8.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I certify that H.B. No. 3195 was passed by the House on April
  25, 2019, by the following vote:  Yeas 105, Nays 31, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3195 on May 24, 2019, by the following vote:  Yeas 102, Nays 40,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3195 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor