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A BILL TO BE ENTITLED
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AN ACT
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relating to a public school student's transition from an |
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alternative education program to a regular educational |
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environment, including parental rights related to that transition, |
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and the admission of certain students with a criminal or |
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disciplinary history. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.001, Education Code, is amended by |
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adding Subsection (b-3) to read as follows: |
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(b-3) Notwithstanding any provision of Chapter 37, the |
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board of trustees of a school district or the board's designee may |
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not refuse to enroll a student based on the student's criminal, |
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juvenile, or disciplinary history or standing. A district shall |
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promptly enroll a student released from an alternative education |
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program, as defined by Section 37.023, who is otherwise eligible |
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for enrollment under Subsection (b). This subsection may not be |
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construed to prohibit the board or the board's designee from: |
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(1) revoking admission of a student under Subsection |
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(b-1); |
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(2) refusing to admit a person under 18 years of age |
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whom the board is not required to admit under Subsection (d); |
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(3) transferring a student in accordance with Section |
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25.0341 or 25.0342; or |
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(4) expelling a student or placing a student in a |
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disciplinary alternative education program under Section 37.008 or |
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a juvenile justice alternative education program under Section |
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37.011 in accordance with Section 37.0051, 37.0052, 37.006, 37.007, |
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37.0081, or 37.011, as applicable. |
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SECTION 2. The heading to Section 37.023, Education Code, |
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is amended to read as follows: |
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Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM |
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TO REGULAR EDUCATIONAL ENVIRONMENT [CLASSROOM]. |
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SECTION 3. Section 37.023, Education Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsections |
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(c-1), (d-1), (g), and (h) to read as follows: |
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(c) Not later than five instructional days after the date of |
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a student's release from an alternative education program, the |
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campus administrator shall hold a meeting to coordinate the |
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student's enrollment and transition to a regular educational |
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environment [classroom]. The coordination must include assistance |
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and recommendations from the student's parent or a person standing |
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in parental relation to the student and, as applicable: |
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(1) school counselors; |
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(2) school district peace officers; |
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(3) school resource officers; |
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(4) licensed clinical social workers; |
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(5) campus behavior coordinators; |
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(6) classroom teachers who are or may be responsible |
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for implementing the student's personalized transition plan |
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developed under Subsection (d); |
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(7) for a student who is a student with a disability as |
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defined by Section 21.001, the campus special education |
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administrator or other campus administrator responsible for |
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overseeing the student's educational program, as applicable; |
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(8) for a student who is a court-related child, the |
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liaison officer appointed under Section 37.014; and |
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(9) [(7)] any other appropriate school district |
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personnel. |
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(c-1) The campus administrator shall, before finalizing a |
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personalized transition plan for a student under Subsection (d), |
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provide to the student's parent or a person standing in parental |
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relation to the student: |
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(1) a list of the people who will be assisting in the |
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student's enrollment and transition to a regular educational |
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environment under Subsection (c); and |
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(2) an opportunity to meet, either in person or |
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remotely, with the people included on the list described by |
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Subdivision (1) to: |
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(A) discuss any proposed assistance or |
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recommendations for the student's transition; and |
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(B) provide information regarding the student |
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that may be useful in developing the plan. |
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(d) The enrollment and transition assistance required by |
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Subsection (c) must include a personalized transition plan for the |
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student developed by the campus administrator. A personalized |
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transition plan: |
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(1) must include recommendations for the best |
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educational placement of the student based on a review of the |
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student's previous coursework, course credit earned, performance |
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on any assessment instrument administered under Section 37.0082, |
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and educational record, including: |
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(A) a calculation of the number of course credits |
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the student has earned toward graduation requirements, as |
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determined under Subsection (g); and |
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(B) a description of appropriate courses in which |
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the student should be placed; and |
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(2) may include: |
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(A) recommendations for counseling, behavioral |
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management, or academic assistance for the student with a |
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concentration on the student's academic or career goals; |
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(B) recommendations for assistance for obtaining |
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access to mental health services provided by the district or |
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school, a local mental health authority, or another private or |
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public entity; and |
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(C) the provision of information to the student's |
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parent or a person standing in parental relation to the student |
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about the process to request a full individual and initial |
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evaluation of the student for purposes of special education |
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services under Section 29.004[; and |
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[(D) a regular review of the student's progress |
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toward the student's academic or career goals]. |
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(d-1) After a student has transitioned to a regular |
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educational environment under this section, the campus |
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administrator shall conduct reviews at the beginning of each |
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semester and the end of each school year of the student's progress |
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toward the student's academic or career goals. |
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(e) As soon as practicable after completing a student's |
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personalized transition plan under Subsection (d) [If |
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practicable], the campus administrator shall provide an electronic |
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or written copy of the personalized transition plan to [, or the |
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administrator's designee, shall meet with] the student's parent or |
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a person standing in parental relation to the student [to |
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coordinate plans for the student's transition]. |
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(g) A campus administrator shall adopt a policy that, to the |
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greatest extent possible, allows for credits that were successfully |
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completed while the student was enrolled in an alternative |
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education program or at a previous school, including a school |
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within the Windham School District, to fulfill credits required for |
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high school graduation, provided that the completed courses meet |
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the standards adopted under Section 28.002(c). The policy adopted |
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under this subsection may provide for partial credit, if determined |
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appropriate by the administrator. |
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(h) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 4. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |