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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 classroom and the |
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admission of certain students with a criminal or disciplinary |
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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) The board of trustees of a school district may not |
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refuse to admit a student based on the student's criminal, |
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juvenile, or disciplinary history including arrests, criminal |
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charges, criminal adjudications, convictions, placements on |
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community supervision, or detentions. A district shall promptly |
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enroll a student released from an alternative education program, as |
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defined by Section 37.023, who is otherwise eligible for enrollment |
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under Subsection (b). |
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SECTION 2. Section 37.023, Education Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsections (d-1) |
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and (g) 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 coordinate the student's enrollment and |
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transition to a regular classroom. The coordination must include |
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assistance and recommendations from: |
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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) if the student is younger than 18 years of age and |
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subject to Subsection (e), the student's parent or a person |
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standing in parental relation to the student; and |
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(8) [(7)] any other appropriate school district |
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personnel. |
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(d) The assistance required by Subsection (c) must include a |
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personalized transition plan for the student developed by the |
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campus administrator. A personalized 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, and |
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educational record and 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); |
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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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(C) an explanation of the requirements of the |
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student's individualized education program, behavior intervention |
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plan, or plan created under Section 504, Rehabilitation Act of 1973 |
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(29 U.S.C. Section 794), if applicable; 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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classroom under this section, the campus administrator shall |
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conduct reviews at the beginning of each school year and the end of |
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each grading period of the student's progress toward the student's |
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academic or career goals. |
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(e) If a student's parent or a person standing in parental |
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relation to the student is unavailable to assist under Subsection |
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(c) [practicable], the campus administrator shall provide an |
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electronic or written copy of the personalized transition plan |
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developed under Subsection (d) to [, or the administrator's |
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designee, shall meet with] the [student's] parent or [a] person |
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[standing in parental relation to the student to coordinate plans |
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for the student's transition]. |
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(g) A campus administrator shall, to the greatest extent |
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possible, consider credits successfully completed while the |
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student was enrolled in an alternative education program or at a |
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previous school as fulfilling credits required for high school |
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graduation. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. 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. |