Bill Text: TX HB3195 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to juveniles committed to the Texas Juvenile Justice Department and the transition of students from alternative education programs to regular classrooms.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB3195 Detail]
Download: Texas-2019-HB3195-Enrolled.html
H.B. No. 3195 |
|
||
relating to juveniles committed to the Texas Juvenile Justice | ||
Department and the transition of students from alternative | ||
education programs to regular classrooms. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.023 to read as follows: | ||
Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM | ||
TO REGULAR CLASSROOM. (a) In this section: | ||
(1) "Alternative education program" includes: | ||
(A) a disciplinary alternative education program | ||
operated by a school district or open-enrollment charter school; | ||
(B) a juvenile justice alternative education | ||
program; and | ||
(C) a residential program or facility operated by | ||
or under contract with the Texas Juvenile Justice Department, a | ||
juvenile board, or any other governmental entity. | ||
(2) "Licensed clinical social worker" has the meaning | ||
assigned by Section 505.002, Occupations Code. | ||
(b) As soon as practicable after an alternative education | ||
program determines the date of a student's release from the | ||
program, the alternative education program administrator shall: | ||
(1) provide written notice of that date to: | ||
(A) the student's parent or a person standing in | ||
parental relation to the student; and | ||
(B) the administrator of the campus to which the | ||
student intends to transition; and | ||
(2) provide the campus administrator: | ||
(A) an assessment of the student's academic | ||
growth while attending the alternative education program; and | ||
(B) the results of any assessment instruments | ||
administered to the student. | ||
(c) Not later than five instructional days after the date of | ||
a student's release from an alternative education program, the | ||
campus administrator shall coordinate the student's transition to a | ||
regular classroom. The coordination must include assistance and | ||
recommendations from: | ||
(1) school counselors; | ||
(2) school district peace officers; | ||
(3) school resource officers; | ||
(4) licensed clinical social workers; | ||
(5) campus behavior coordinators; | ||
(6) classroom teachers who are or may be responsible | ||
for implementing the student's personalized transition plan | ||
developed under Subsection (d); and | ||
(7) any other appropriate school district personnel. | ||
(d) The assistance required by Subsection (c) must include a | ||
personalized transition plan for the student developed by the | ||
campus administrator. A personalized transition plan: | ||
(1) must include recommendations for the best | ||
educational placement of the student; and | ||
(2) may include: | ||
(A) recommendations for counseling, behavioral | ||
management, or academic assistance for the student with a | ||
concentration on the student's academic or career goals; | ||
(B) recommendations for assistance for obtaining | ||
access to mental health services provided by the district or | ||
school, a local mental health authority, or another private or | ||
public entity; | ||
(C) the provision of information to the student's | ||
parent or a person standing in parental relation to the student | ||
about the process to request a full individual and initial | ||
evaluation of the student for purposes of special education | ||
services under Section 29.004; and | ||
(D) a regular review of the student's progress | ||
toward the student's academic or career goals. | ||
(e) If practicable, the campus administrator, or the | ||
administrator's designee, shall meet with the student's parent or a | ||
person standing in parental relation to the student to coordinate | ||
plans for the student's transition. | ||
(f) This section applies only to a student subject to | ||
compulsory attendance requirements under Section 25.085. | ||
SECTION 2. Section 59.009(a), Family Code, is amended to | ||
read as follows: | ||
(a) For a child at sanction level six, the juvenile court | ||
may commit the child to the custody of the Texas Juvenile Justice | ||
Department [ |
||
|
||
|
||
(1) require the child to participate in a highly | ||
structured residential program that emphasizes discipline, | ||
accountability, fitness, training, and productive work for not less | ||
than nine months or more than 24 months unless the department | ||
reduces or[ |
||
the reason for the reduction or [ |
||
(2) require the child to make restitution to the | ||
victim of the child's conduct or perform community service | ||
restitution appropriate to the nature and degree of the harm caused | ||
and according to the child's ability, if there is a victim of the | ||
child's conduct; | ||
(3) require the child and the child's parents or | ||
guardians to participate in programs and services for their | ||
particular needs and circumstances; and | ||
(4) if appropriate, impose additional sanctions. | ||
SECTION 3. Section 244.003(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 243.051(c), these records | ||
and all other information concerning a child, including personally | ||
identifiable information, are not public and are available only: | ||
(1) according to the provisions of Section 58.005, | ||
Family Code, Section 244.051 of this code, and Chapter 67, Code of | ||
Criminal Procedure; or | ||
(2) to an individual or entity assisting the | ||
department in providing transition planning and reentry services to | ||
the child, as determined by the department. | ||
SECTION 4. Section 245.054(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) In addition to providing the court with notice of | ||
release of a child under Section 245.051(b), as soon as possible but | ||
not later than the 10th [ |
||
releases the child, the department shall provide the court that | ||
committed the child to the department: | ||
(1) a copy of the child's reentry and reintegration | ||
plan developed under Section 245.0535; and | ||
(2) a report concerning the progress the child has | ||
made while committed to the department. | ||
SECTION 5. Section 30.106(e), Education Code, is repealed. | ||
SECTION 6. Section 37.023, Education Code, as added by this | ||
Act, applies beginning with the 2019-2020 school year. | ||
SECTION 7. The changes in law made by this Act to Section | ||
59.009(a), Family Code, do not apply to a child committed to a | ||
post-adjudication secure correctional facility under former | ||
Section 54.04011(c)(1), Family Code, and the former law is | ||
continued in effect for a child committed to the facility. | ||
SECTION 8. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3195 was passed by the House on April | ||
25, 2019, by the following vote: Yeas 105, Nays 31, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3195 on May 24, 2019, by the following vote: Yeas 102, Nays 40, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3195 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |