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AN ACT
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relating to data collection, reporting, and notice requirements for |
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certain educational entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DATA COLLECTION, REPORTING, AND UTILIZATION |
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SECTION 1.01. Section 5.001, Education Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Child who is homeless," "person who is |
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homeless," and "student who is homeless" have the meaning assigned |
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to the term "homeless children and youths" under 42 U.S.C. Section |
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11434a. |
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SECTION 1.02. Section 21.0452(b), Education Code, is |
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amended to read as follows: |
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(b) The board shall make available at least the following |
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information regarding each educator preparation program: |
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(1) the information specified in Sections 21.045(a) |
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and (b); |
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(2) in addition to any other appropriate information |
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indicating the quality of persons admitted to the program, the |
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average academic qualifications possessed by persons admitted to |
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the program, including: |
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(A) average overall grade point average and |
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average grade point average in specific subject areas; and |
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(B) average scores on the Scholastic Assessment |
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Test (SAT), the American College Test (ACT), or the Graduate Record |
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Examination (GRE), as applicable; |
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(3) the degree to which persons who complete the |
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program are successful in obtaining teaching positions; |
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(4) the extent to which the program prepares teachers, |
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including general education teachers and special education |
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teachers, to effectively teach: |
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(A) students with disabilities; and |
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(B) students of limited English proficiency, as |
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defined by Section 29.052; |
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(5) the activities offered by the program that are |
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designed to prepare teachers to: |
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(A) integrate technology effectively into |
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curricula and instruction, including activities consistent with |
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the principles of universal design for learning; and |
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(B) use technology effectively to collect, |
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manage, and analyze data to improve teaching and learning for the |
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purpose of increasing student academic achievement; |
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(6) for each semester, the average ratio of field |
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supervisors to candidates completing student teaching, clinical |
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teaching, or an internship in an educator preparation program; |
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(7) the percentage of teachers employed under a |
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standard teaching certificate within one year of completing the |
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program; |
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(8) the perseverance of beginning teachers in the |
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profession, based on information reported through the Public |
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Education Information Management System (PEIMS) providing [as
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determined on the basis of] the number of beginning teachers |
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employed as classroom teachers [who maintain status as active
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contributing members in the Teacher Retirement System of Texas] for |
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at least three years after certification in comparison to similar |
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programs; |
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(9) the results of exit surveys given to program |
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participants on completion of the program that involve evaluation |
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of the program's effectiveness in preparing participants to succeed |
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in the classroom; |
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(10) the results of surveys given to school principals |
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that involve evaluation of the program's effectiveness in preparing |
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participants to succeed in the classroom, based on experience with |
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employed program participants; and |
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(11) the results of teacher satisfaction surveys |
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developed under Section 21.045 and given to program participants at |
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the end of the first year of teaching. |
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SECTION 1.03. Section 25.001(b), Education Code, is amended |
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to read as follows: |
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(b) The board of trustees of a school district or its |
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designee shall admit into the public schools of the district free of |
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tuition a person who is over five and younger than 21 years of age on |
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the first day of September of the school year in which admission is |
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sought, and may admit a person who is at least 21 years of age and |
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under 26 years of age for the purpose of completing the requirements |
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for a high school diploma, if: |
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(1) the person and either parent of the person reside |
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in the school district; |
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(2) the person does not reside in the school district |
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but a parent of the person resides in the school district and that |
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parent is a joint managing conservator or the sole managing |
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conservator or possessory conservator of the person; |
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(3) the person and the person's guardian or other |
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person having lawful control of the person under a court order |
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reside within the school district; |
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(4) the person has established a separate residence |
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under Subsection (d); |
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(5) the person is homeless[, as defined by 42 U.S.C.
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Section 11302], regardless of the residence of the person, of |
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either parent of the person, or of the person's guardian or other |
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person having lawful control of the person; |
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(6) the person is a foreign exchange student placed |
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with a host family that resides in the school district by a |
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nationally recognized foreign exchange program, unless the school |
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district has applied for and been granted a waiver by the |
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commissioner under Subsection (e); |
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(7) the person resides at a residential facility |
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located in the district; |
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(8) the person resides in the school district and is 18 |
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years of age or older or the person's disabilities of minority have |
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been removed; or |
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(9) the person does not reside in the school district |
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but the grandparent of the person: |
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(A) resides in the school district; and |
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(B) provides a substantial amount of |
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after-school care for the person as determined by the board. |
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SECTION 1.04. Section 25.086(a), Education Code, is amended |
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to read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a mandatory |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless [as defined by 42 U.S.C.
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Section 11302]; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) is enrolled in the Texas Academy of Mathematics |
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and Science under Subchapter G, Chapter 105; |
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(9) is enrolled in the Texas Academy of Leadership in |
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the Humanities; |
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(10) is enrolled in the Texas Academy of Mathematics |
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and Science at The University of Texas at Brownsville; |
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(11) is enrolled in the Texas Academy of International |
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Studies; or |
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(12) is specifically exempted under another law. |
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SECTION 1.05. Section 28.025(i), Education Code, is amended |
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to read as follows: |
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(i) If an 11th or 12th grade student who is homeless or in |
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the conservatorship of the Department of Family and Protective |
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Services transfers to a different school district and the student |
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is ineligible to graduate from the district to which the student |
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transfers, the district from which the student transferred shall |
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award a diploma at the student's request, if the student meets the |
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graduation requirements of the district from which the student |
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transferred. [In this subsection, "student who is homeless" has
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the meaning assigned to the term "homeless children and youths"
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under 42 U.S.C. Section 11434a.] |
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SECTION 1.06. Section 29.081(d), Education Code, is amended |
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to read as follows: |
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(d) For purposes of this section, "student at risk of |
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dropping out of school" includes each student who is under 26 years |
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of age and who: |
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(1) was not advanced from one grade level to the next |
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for one or more school years; |
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(2) if the student is in grade 7, 8, 9, 10, 11, or 12, |
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did not maintain an average equivalent to 70 on a scale of 100 in two |
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or more subjects in the foundation curriculum during a semester in |
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the preceding or current school year or is not maintaining such an |
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average in two or more subjects in the foundation curriculum in the |
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current semester; |
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(3) did not perform satisfactorily on an assessment |
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instrument administered to the student under Subchapter B, Chapter |
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39, and who has not in the previous or current school year |
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subsequently performed on that instrument or another appropriate |
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instrument at a level equal to at least 110 percent of the level of |
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satisfactory performance on that instrument; |
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(4) if the student is in prekindergarten, |
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kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on |
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a readiness test or assessment instrument administered during the |
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current school year; |
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(5) is pregnant or is a parent; |
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(6) has been placed in an alternative education |
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program in accordance with Section 37.006 during the preceding or |
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current school year; |
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(7) has been expelled in accordance with Section |
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37.007 during the preceding or current school year; |
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(8) is currently on parole, probation, deferred |
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prosecution, or other conditional release; |
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(9) was previously reported through the Public |
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Education Information Management System (PEIMS) to have dropped out |
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of school; |
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(10) is a student of limited English proficiency, as |
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defined by Section 29.052; |
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(11) is in the custody or care of the Department of |
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Family and Protective Services or has, during the current school |
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year, been referred to the department by a school official, officer |
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of the juvenile court, or law enforcement official; |
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(12) is homeless[, as defined by 42 U.S.C. Section
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11302, and its subsequent amendments]; or |
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(13) resided in the preceding school year or resides |
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in the current school year in a residential placement facility in |
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the district, including a detention facility, substance abuse |
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treatment facility, emergency shelter, psychiatric hospital, |
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halfway house, cottage home operation, specialized child-care |
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home, or general residential operation. |
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SECTION 1.07. Section 29.153(b), Education Code, is amended |
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to read as follows: |
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(b) A child is eligible for enrollment in a prekindergarten |
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class under this section if the child is at least three years of age |
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and: |
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(1) is unable to speak and comprehend the English |
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language; |
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(2) is educationally disadvantaged; |
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(3) is [a] homeless [child, as defined by 42 U.S.C.
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Section 11434a], regardless of the residence of the child, of |
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either parent of the child, or of the child's guardian or other |
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person having lawful control of the child; |
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(4) is the child of an active duty member of the armed |
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forces of the United States, including the state military forces or |
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a reserve component of the armed forces, who is ordered to active |
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duty by proper authority; |
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(5) is the child of a member of the armed forces of the |
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United States, including the state military forces or a reserve |
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component of the armed forces, who was injured or killed while |
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serving on active duty; |
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(6) is or ever has been in the conservatorship of the |
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Department of Family and Protective Services following an adversary |
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hearing held as provided by Section 262.201, Family Code; or |
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(7) is the child of a person eligible for the Star of |
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Texas Award as: |
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(A) a peace officer under Section 3106.002, |
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Government Code; |
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(B) a firefighter under Section 3106.003, |
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Government Code; or |
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(C) an emergency medical first responder under |
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Section 3106.004, Government Code. |
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SECTION 1.08. Section 31.103(b), Education Code, is amended |
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to read as follows: |
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(b) A school district or open-enrollment charter school |
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shall make a requisition for instructional material using the |
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online requisition program maintained by the commissioner [not
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later than June 1 of each year]. The publisher or manufacturer |
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shall fill a requisition approved by the agency. |
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SECTION 1.09. Sections 33.906(a) and (c), Education Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (e), each school that |
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maintains an Internet website shall post on the website information |
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regarding local programs and services, including charitable |
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programs and services, available to assist [homeless] students who |
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are homeless. |
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(c) A representative of a local program or service available |
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to assist [homeless] students who are homeless may request to have |
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information concerning the program or service posted on a school's |
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website. A school may determine the information that is posted on |
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the school's website and is not required to post information as |
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requested by the representative. |
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SECTION 1.10. Section 38.209(a), Education Code, is amended |
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to read as follows: |
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(a) Not later than the 10th business day after the date a |
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school personnel member or school volunteer administers an |
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epinephrine auto-injector in accordance with a policy adopted under |
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Section 38.208(a), the school shall report the information required |
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under Subsection (b) to: |
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(1) the school district, the charter holder if the |
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school is an open-enrollment charter school, or the governing body |
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of the school if the school is a private school; |
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(2) the physician or other person who prescribed the |
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epinephrine auto-injector; and |
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(3) [the commissioner of education; and
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[(4)] the commissioner of state health services. |
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SECTION 1.11. Section 39.0233(a), Education Code, is |
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amended to read as follows: |
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(a) The agency, in coordination with the Texas Higher |
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Education Coordinating Board, shall adopt a series of questions to |
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be included in an end-of-course assessment instrument administered |
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under Section 39.023(c) to be used for purposes of Subchapter F-1, |
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Chapter 51. The questions adopted under this subsection must be |
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developed in a manner consistent with any college readiness |
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standards adopted under [Section 39.233 and] Subchapter F-1, |
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Chapter 51. |
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SECTION 1.12. Section 39.410(c), Education Code, is amended |
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to read as follows: |
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(c) The commissioner shall ensure that an evaluation |
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conducted under this section includes an assessment of whether |
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student achievement has improved. [Results of the evaluation shall
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be provided through the online clearinghouse of information
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relating to the best practices of campuses and school districts
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established under Section 7.009.] |
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SECTION 1.13. Section 2265.001(a), Government Code, is |
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amended to read as follows: |
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(a) In this section, "governmental entity" means: |
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(1) a board, commission, or department of the state or |
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a political subdivision of the state, including a municipality, a |
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county, or any kind of district other than a school district; or |
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(2) an institution of higher education as defined by |
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Section 61.003, Education Code. |
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ARTICLE 2. OPEN-ENROLLMENT CHARTER SCHOOLS |
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SECTION 2.01. Section 12.101, Education Code, is amended by |
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adding Subsection (b-10) to read as follows: |
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(b-10) The commissioner by rule shall allow a charter holder |
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to provide written notice of the establishment of a new |
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open-enrollment charter school under Subsection (b-4)(2) up to 18 |
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months before the date on which the campus is anticipated to open. |
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Notice provided to the commissioner under this section does not |
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obligate the charter holder to open a new campus. |
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SECTION 2.02. Section 12.1101, Education Code, is amended |
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to read as follows: |
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Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
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ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a |
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procedure for providing notice to the following persons on receipt |
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by the commissioner of an application for a charter for an |
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open-enrollment charter school under Section 12.110 or of notice of |
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the establishment of a campus as authorized under Section |
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12.101(b-4): |
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(1) the superintendent and the board of trustees of |
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each school district from which the proposed open-enrollment |
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charter school or campus is likely to draw students, as determined |
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by the commissioner; and |
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(2) each member of the legislature that represents the |
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geographic area to be served by the proposed school or campus, as |
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determined by the commissioner. |
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SECTION 2.03. Section 12.114, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A charter holder may submit a request for approval for |
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an expansion amendment up to 18 months before the date on which the |
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expansion will be effective. A request for approval of an expansion |
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amendment does not obligate the charter holder to complete the |
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proposed expansion. |
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ARTICLE 3. REPEALER |
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SECTION 3.01. The following provisions of the Education |
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Code are repealed: |
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(1) Section 7.009; |
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(2) Section 25.007(a-1); |
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(3) Section 39.233; and |
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(4) Section 44.903. |
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ARTICLE 4. EFFECTIVE DATE |
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SECTION 4.01. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 4.02. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 668 passed the Senate on |
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April 25, 2019, by the following vote: Yeas 30, Nays 0; |
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May 20, 2019, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 22, 2019, House |
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granted request of the Senate; May 25, 2019, Senate adopted |
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Conference Committee Report by the following vote: Yeas 29, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 668 passed the House, with |
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amendment, on May 16, 2019, by the following vote: Yeas 132, |
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Nays 2, two present not voting; May 22, 2019, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 24, 2019, House adopted Conference Committee Report by the |
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following vote: Yeas 138, Nays 2, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |