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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a juvenile justice alternative |
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education program by a county department of education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0081(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) The student must be placed in: |
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(1) a juvenile justice alternative education program, |
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if the school district is located in a county that operates a |
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juvenile justice alternative education program or the school |
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district contracts with the juvenile board or department of |
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education of another county for the provision of a juvenile justice |
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alternative education program; or |
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(2) a disciplinary alternative education program. |
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SECTION 2. Section 37.010(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) Unless the juvenile board or the department of education |
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for the county in which the district's central administrative |
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office is located has entered into a memorandum of understanding |
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with the district's board of trustees concerning the juvenile |
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probation department's or the education department's role in |
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supervising and providing other support services for students in |
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disciplinary alternative education programs, a court may not order |
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a student expelled under Section 37.007 to attend a regular |
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classroom, a regular campus, or a school district disciplinary |
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alternative education program as a condition of probation. |
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(d) Unless the juvenile board or department of education for |
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the county in which the district's central administrative office is |
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located has entered into a memorandum of understanding as described |
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by Subsection (c), if a court orders a student to attend a |
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disciplinary alternative education program as a condition of |
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probation once during a school year and the student is referred to |
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juvenile court again during that school year, the juvenile court |
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may not order the student to attend a disciplinary alternative |
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education program in a district without the district's consent |
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until the student has successfully completed any sentencing |
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requirements the court imposes. |
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SECTION 3. Section 37.011, Education Code, is amended by |
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adding Subsection (a-6) and amending Subsections (d), (e), (h), |
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(j), (k), (l), (m), (n), (p), and (q) to read as follows: |
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(a-6) The juvenile board of a county that has a population |
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greater than 125,000 and that has a county department of education |
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shall contract with the county department of education to allow |
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that department to operate a juvenile justice alternative education |
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program in a manner that is consistent with this section. |
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(d) A juvenile justice alternative education program must |
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focus on English language arts, mathematics, science, social |
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studies, and self-discipline. Each school district shall consider |
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course credit earned by a student while in a juvenile justice |
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alternative education program as credit earned in a district |
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school. Each program shall administer assessment instruments under |
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Subchapter B, Chapter 39, and shall offer a high school equivalency |
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program. The juvenile board, the county department of education, |
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or the [board's] designee of the board or department, as |
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applicable, with the parent or guardian of each student, shall |
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regularly review the student's academic progress. In the case of a |
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high school student, the board, the department, or the [board's] |
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designee of the board or department, as applicable, with the |
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student's parent or guardian, shall review the student's progress |
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towards meeting high school graduation requirements and shall |
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establish a specific graduation plan for the student. The program |
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is not required to provide a course necessary to fulfill a student's |
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high school graduation requirements other than a course specified |
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by this subsection. |
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(e) A juvenile justice alternative education program may be |
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provided in a facility owned by a school district. A school |
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district may provide personnel and services for a juvenile justice |
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alternative education program under a contract with the juvenile |
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board or the county department of education, as applicable. |
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(h) Academically, the mission of juvenile justice |
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alternative education programs shall be to enable students to |
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perform at grade level. For purposes of accountability under |
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Chapters 39 and 39A, a student enrolled in a juvenile justice |
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alternative education program is reported as if the student were |
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enrolled at the student's assigned campus in the student's |
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regularly assigned education program, including a special |
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education program. Annually the Texas Juvenile Justice Department, |
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with the agreement of the commissioner, shall develop and implement |
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a system of accountability consistent with Chapters 39 and 39A, |
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where appropriate, to assure that students make progress toward |
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grade level while attending a juvenile justice alternative |
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education program. The department shall adopt rules for the |
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distribution of funds appropriated under this section to the |
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entities responsible for operating juvenile justice alternative |
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education programs [juvenile boards] in the counties required to |
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establish those [juvenile justice alternative education] |
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programs. Except as determined by the commissioner, a student |
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served by a juvenile justice alternative education program on the |
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basis of an expulsion required under Section 37.007(a), (d), or (e) |
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is not eligible for Foundation School Program funding under Chapter |
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31 or 48 if the juvenile justice alternative education program |
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receives funding from the department under this subchapter. |
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(j) In relation to the development and operation of a |
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juvenile justice alternative education program, a juvenile board, a |
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county department of education, [and] a county, and a commissioners |
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court of a county are immune from liability to the same extent as a |
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school district, and the juvenile board's, department's, or |
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county's [professional] employees and volunteers are immune from |
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liability to the same extent as a school district's [professional] |
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employees and volunteers. |
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(k) Each school district in a county with a population |
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greater than 125,000 and the county juvenile board or the county |
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department of education, as applicable, shall annually enter into a |
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joint memorandum of understanding that: |
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(1) outlines the responsibilities of the juvenile |
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board or department of education concerning the establishment and |
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operation of a juvenile justice alternative education program under |
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this section; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board or department of |
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education for students of the school district served in the |
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juvenile justice alternative education program whose placement was |
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not made on the basis of an expulsion required under Section |
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37.007(a), (d), or (e); |
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(3) establishes that a student may be placed in the |
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juvenile justice alternative education program if the student |
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engages in serious misbehavior, as defined by Section 37.007(c); |
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(4) identifies and requires a timely placement and |
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specifies a term of placement for expelled students for whom the |
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school district has received a notice under Section 52.041(d), |
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Family Code; |
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(5) establishes services for the transitioning of |
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expelled students to the school district prior to the completion of |
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the student's placement in the juvenile justice alternative |
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education program; |
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(6) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(7) establishes the circumstances and conditions |
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under which a juvenile may be allowed to remain in the juvenile |
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justice alternative education program setting once the juvenile is |
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no longer under juvenile court jurisdiction; and |
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(8) establishes a plan to address special education |
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services required by law. |
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(l) The school district shall be responsible for providing |
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an immediate educational program to students who engage in behavior |
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resulting in expulsion under Section 37.007(b) and (f) but who are |
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not eligible for admission into the juvenile justice alternative |
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education program in accordance with the memorandum of |
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understanding required under this section. The school district may |
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provide the program or the school district may contract with a |
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county juvenile board, a county department of education, a private |
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provider, or one or more other school districts to provide the |
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program. The memorandum of understanding shall address the |
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circumstances under which such students who continue to engage in |
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serious misbehavior, as defined by Section 37.007(c), shall be |
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admitted into the juvenile justice alternative education program. |
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(m) Each school district in a county with a population |
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greater than 125,000 and the county juvenile board or the county |
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department of education, as applicable, shall adopt a joint |
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memorandum of understanding as required by this section not later |
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than September 1 of each school year. |
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(n) If a student who is ordered to attend a juvenile justice |
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alternative education program moves from one county to another, the |
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juvenile court may request the juvenile justice alternative |
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education program in the county to which the student moves to |
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provide educational services to the student in accordance with the |
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local memorandum of understanding between the school district and |
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the juvenile board or county department of education in the |
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receiving county. |
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(p) If a district elects to contract with the juvenile board |
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or county department of education for placement in the juvenile |
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justice alternative education program of students expelled under |
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Section 37.007(b), (c), and (f) and the juvenile board or |
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department of education and the district are unable to reach an |
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agreement in the memorandum of understanding, either party may |
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request that the issues of dispute be referred to a binding |
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arbitration process that uses a qualified alternative dispute |
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resolution arbitrator in which each party will pay its pro rata |
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share of the arbitration costs. Each party must submit its final |
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proposal to the arbitrator. If the parties cannot agree on an |
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arbitrator, the juvenile board or department of education shall |
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select an arbitrator, the school districts shall select an |
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arbitrator, and those two arbitrators shall select an arbitrator |
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who will decide the issues in dispute. An arbitration decision |
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issued under this subsection is enforceable in a court in the county |
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in which the juvenile justice alternative education program is |
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located. Any decision by an arbitrator concerning the amount of the |
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funding for a student who is expelled and attending a juvenile |
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justice alternative education program must provide an amount |
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sufficient based on operation of the juvenile justice alternative |
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education program in accordance with this chapter. In determining |
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the amount to be paid by a school district for an expelled student |
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enrolled in a juvenile justice alternative education program, the |
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arbitrator shall consider the relevant factors, including evidence |
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of: |
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(1) the actual average total per student expenditure |
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in the district's alternative education setting; |
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(2) the expected per student cost in the juvenile |
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justice alternative education program as described and agreed on in |
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the memorandum of understanding and in compliance with this |
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chapter; and |
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(3) the costs necessary to achieve the accountability |
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goals under this chapter. |
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(q) In accordance with rules adopted by the board of |
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trustees for the Teacher Retirement System of Texas, a certified |
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educator employed by a juvenile board or the county department of |
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education in a juvenile justice alternative education program shall |
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be eligible for membership and participation in the system to the |
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same extent that an employee of a public school district is |
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eligible. The juvenile board or county department of education, as |
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applicable, shall make any contribution that otherwise would be the |
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responsibility of the school district if the person were employed |
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by the school district, and the state shall make any contribution to |
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the same extent as if the person were employed by a school district. |
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SECTION 4. Sections 37.012(a) and (d), Education Code, are |
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amended to read as follows: |
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(a) Subject to Section 37.011(n), the school district in |
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which a student is enrolled on the date the student is expelled for |
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conduct for which expulsion is permitted but not required under |
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Section 37.007 shall, if the student is served by the juvenile |
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justice alternative education program, provide funding to the |
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juvenile board or county department of education, as applicable, |
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for the portion of the school year for which the juvenile justice |
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alternative education program provides educational services in an |
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amount determined by the memorandum of understanding under Section |
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37.011(k)(2). |
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(d) A school district is not required to provide funding to |
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a juvenile board or a county department of education for a student |
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who is assigned by a court to a juvenile justice alternative |
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education program but who has not been expelled. |
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SECTION 5. Section 37.309(b), Education Code, is amended to |
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read as follows: |
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(b) A school district shall place a student who is required |
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by the board of trustees to attend an alternative education program |
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under this subchapter in a juvenile justice alternative education |
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program if: |
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(1) the memorandum of understanding entered into |
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between the school district and the juvenile board or county |
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department of education under Section 37.011(k) provides for the |
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placement of students to whom this subchapter applies in the |
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juvenile justice alternative education program; or |
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(2) a court orders the placement of the student in a |
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juvenile justice alternative education program. |
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SECTION 6. Section 37.011(o), Education Code, is repealed. |
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SECTION 7. The juvenile board of a county to which Section |
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37.011(a-6), Education Code, as added by this Act, applies shall |
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enter into the contract required by that subsection not later than |
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September 1, 2024. |
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SECTION 8. This Act takes effect September 1, 2023. |