87R19517 TSS-D
 
  By: Wu H.B. No. 2295
 
  Substitute the following for H.B. No. 2295:
 
  By:  Vasut C.S.H.B. No. 2295
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing certain counties to cease operation of a
  juvenile justice alternative education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.086(a), Education Code, is amended to
  read as follows:
         (a)  A child is exempt from the requirements of compulsory
  school attendance if the child:
               (1)  attends a private or parochial school that
  includes in its course a study of good citizenship;
               (2)  is eligible to participate in a school district's
  special education program under Section 29.003 and cannot be
  appropriately served by the resident district;
               (3)  has a physical or mental condition of a temporary
  and remediable nature that makes the child's attendance infeasible
  and holds a certificate from a qualified physician specifying the
  temporary condition, indicating the treatment prescribed to remedy
  the temporary condition, and covering the anticipated period of the
  child's absence from school for the purpose of receiving and
  recuperating from that remedial treatment;
               (4)  is expelled in accordance with the requirements of
  law in a school district that does not participate in a [mandatory]
  juvenile justice alternative education program required under
  Section 37.011(a) [37.011];
               (5)  is at least 17 years of age and:
                     (A)  is attending a course of instruction to
  prepare for the high school equivalency examination, and:
                           (i)  has the permission of the child's parent
  or guardian to attend the course;
                           (ii)  is required by court order to attend
  the course;
                           (iii)  has established a residence separate
  and apart from the child's parent, guardian, or other person having
  lawful control of the child; or
                           (iv)  is homeless; or
                     (B)  has received a high school diploma or high
  school equivalency certificate;
               (6)  is at least 16 years of age and is attending a
  course of instruction to prepare for the high school equivalency
  examination, if:
                     (A)  the child is recommended to take the course
  of instruction by a public agency that has supervision or custody of
  the child under a court order; or
                     (B)  the child is enrolled in a Job Corps training
  program under the Workforce Investment Act of 1998 (29 U.S.C.
  Section 2801 et seq.);
               (7)  is at least 16 years of age and is enrolled in a
  high school diploma program under Chapter 18;
               (8)  is enrolled in the Texas Academy of Mathematics
  and Science under Subchapter G, Chapter 105;
               (9)  is enrolled in the Texas Academy of Leadership in
  the Humanities;
               (10)  is enrolled in the Texas Academy of Mathematics
  and Science at The University of Texas at Brownsville;
               (11)  is enrolled in the Texas Academy of International
  Studies; or
               (12)  is specifically exempted under another law.
         SECTION 2.  Section 37.011, Education Code, is amended by
  amending Subsections (a) and (a-4) and adding Subsection (a-6) to
  read as follows:
         (a)  In [The juvenile board of] a county with a population
  greater than 125,000 in which an election by the commissioners
  court under Subsection (a-6) has not been made, the juvenile board
  shall develop a juvenile justice alternative education program,
  subject to the approval of the Texas Juvenile Justice Department.
  The juvenile board of a county with a population of 125,000 or less
  may develop a juvenile justice alternative education program. For
  the purposes of this subchapter, only a disciplinary alternative
  education program operated under the authority of a juvenile board
  of a county is considered a juvenile justice alternative education
  program. A juvenile justice alternative education program in a
  county with a population of 125,000 or less:
               (1)  is not required to be approved by the department;
  and
               (2)  is not subject to Subsection (c), (d), (f), or (g).
         (a-4)  A school district located in a county considered to be
  a county with a population of 125,000 or less under Subsection (a-3)
  or (a-6) shall provide educational services to a student who is
  expelled from school under this chapter. The district is entitled
  to count the student in the district's average daily attendance for
  purposes of receipt of state funds under the Foundation School
  Program. An educational placement under this section may include:
               (1)  the district's disciplinary alternative education
  program; or
               (2)  a contracted placement with:
                     (A)  another school district;
                     (B)  an open-enrollment charter school;
                     (C)  an institution of higher education;
                     (D)  an adult literacy council; or
                     (E)  a community organization that can provide an
  educational program that allows the student to complete the credits
  required for high school graduation.
         (a-6)  The commissioners court of a county with a population
  greater than 3.3 million may, by a majority vote, elect to cease
  operating a juvenile justice alternative education program in the
  county because the program is no longer necessary or
  cost-effective. A commissioners court that has elected to cease
  operating a juvenile justice alternative education program shall
  notify the Texas Juvenile Justice Department in writing. For
  purposes of this section and Section 37.010(a), a county in which an
  election to cease operating a juvenile justice alternative
  education program has been made is considered to be a county with a
  population of 125,000 or less.
         SECTION 3.  Section 53.02(e), Family Code, is amended to
  read as follows:
         (e)  Unless otherwise agreed in the memorandum of
  understanding under Section 37.011, Education Code, in a county
  with a population greater than 125,000 in which an election by the
  commissioners court under Section 37.011(a-6), Education Code, has
  not been made, if a child being released under this section is
  expelled under Section 37.007, Education Code, the release shall be
  conditioned on the child's attending a juvenile justice alternative
  education program pending a deferred prosecution or formal court
  disposition of the child's case.
         SECTION 4.  Section 54.01(f), Family Code, is amended to
  read as follows:
         (f)  Unless otherwise agreed in the memorandum of
  understanding under Section 37.011, Education Code, a release may
  be conditioned on requirements reasonably necessary to insure the
  child's appearance at later proceedings, but the conditions of the
  release must be in writing and a copy furnished to the child. In a
  county with a population greater than 125,000 in which an election
  by the commissioners court under Section 37.011(a-6), Education
  Code, has not been made, if a child being released under this
  section is expelled under Section 37.007, Education Code, the
  release shall be conditioned on the child's attending a juvenile
  justice alternative education program pending a deferred
  prosecution or formal court disposition of the child's case.
         SECTION 5.  This Act applies beginning with the 2021-2022
  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, 2021.