Bill Text: TX HB209 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the operation of special student recovery programs by certain school districts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-02-07 - Referred to Public Education [HB209 Detail]
Download: Texas-2013-HB209-Introduced.html
83R620 KKA-D | ||
By: Marquez | H.B. No. 209 |
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relating to the operation of special student recovery programs by | ||
certain school districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 39, Education Code, is | ||
amended by adding Section 39.117 to read as follows: | ||
Sec. 39.117. SPECIAL STUDENT RECOVERY PROGRAM. (a) This | ||
section applies only to a school district with a student enrollment | ||
of at least 60,000 that is located in a county on the international | ||
border with a population of 800,000 or more. | ||
(b) The commissioner may require a school district to which | ||
this section applies to operate a special student recovery program | ||
if the commissioner has a reasonable belief that the district has, | ||
for the purpose of affecting the performance rating under Section | ||
39.054 or former Section 39.072 or a distinction designation under | ||
Section 39.202 or 39.203 of the district or a campus in the | ||
district: | ||
(1) assigned a student to a grade level to which the | ||
student would not otherwise be assigned; | ||
(2) retained a student at a grade level at which the | ||
student would not otherwise be retained; | ||
(3) declined to admit to the schools of the district a | ||
student with limited English proficiency; or | ||
(4) encouraged a student to enroll in another district | ||
or drop out of school. | ||
(c) The commissioner shall require a school district to | ||
which this section applies to operate a special student recovery | ||
program if the superintendent or assistant superintendent of the | ||
district or a principal or assistant principal of a campus in the | ||
district is convicted of or receives a grant of deferred | ||
adjudication community supervision for an offense associated with | ||
conduct described by Subsection (b). | ||
(d) A special student recovery program must include: | ||
(1) identification of students affected by conduct | ||
described by Subsection (b), with an emphasis on identifying and | ||
obtaining current addresses for students who dropped out of school | ||
after the conduct; | ||
(2) notification of students identified under | ||
Subdivision (1) of the availability of educational services | ||
provided through the program; | ||
(3) provision of appropriate compensatory, intensive, | ||
and accelerated instructional services for students identified | ||
under Subdivision (1), including services designed to enable | ||
students to obtain high school equivalency certificates under | ||
Section 7.111; and | ||
(4) for students identified under Subdivision (1) who | ||
are at least 21 years of age and under 26 years of age, the offer of | ||
admission to the schools of the district for the purpose of | ||
completing the requirements for a high school diploma, as | ||
authorized by Section 25.001. | ||
(e) In addition to any other available funds, a school | ||
district may use funds provided to the district under Section | ||
42.152 to pay the costs of the program. Instructional services may | ||
be provided to students identified under Subsection (d)(1) who are | ||
under 26 years of age using funds provided under Section 42.152 or | ||
other Foundation School Program funds, notwithstanding Section | ||
42.003. | ||
(f) This section requires a school district to provide | ||
instructional services only to a student who is eligible for | ||
admission to the schools of the district under Section 25.001, | ||
including eligibility described by that section for students who | ||
are under 26 years of age. | ||
(g) The commissioner shall determine the duration of a | ||
special student recovery program, provided that the program must | ||
have a duration of at least two years. Before a program may be | ||
concluded, the agency must conduct a public hearing in the | ||
community served by the school district to solicit comments from | ||
students, parents, and other members of the community regarding | ||
whether there is a continuing need for the program. | ||
(h) The commissioner shall adopt rules necessary to | ||
implement this section. | ||
SECTION 2. Section 39.117, Education Code, as added by this | ||
Act, authorizes or requires, as applicable, the commissioner of | ||
education to require a school district to operate a special student | ||
recovery program regardless of whether the district's conduct | ||
giving rise to the commissioner's action occurred before or after | ||
the effective date of this Act. The commissioner may waive | ||
operation of a program if the conduct occurred at least 10 years | ||
before the effective date of this Act. | ||
SECTION 3. 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, 2013. |