Bill Text: TX SB668 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to data collection, reporting, and notice requirements for certain educational entities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB668 Detail]
Download: Texas-2019-SB668-Enrolled.html
S.B. No. 668 |
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relating to data collection, reporting, and notice requirements for | ||
certain educational entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. DATA COLLECTION, REPORTING, AND UTILIZATION | ||
SECTION 1.01. Section 5.001, Education Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Child who is homeless," "person who is | ||
homeless," and "student who is homeless" have the meaning assigned | ||
to the term "homeless children and youths" under 42 U.S.C. Section | ||
11434a. | ||
SECTION 1.02. Section 21.0452(b), Education Code, is | ||
amended to read as follows: | ||
(b) The board shall make available at least the following | ||
information regarding each educator preparation program: | ||
(1) the information specified in Sections 21.045(a) | ||
and (b); | ||
(2) in addition to any other appropriate information | ||
indicating the quality of persons admitted to the program, the | ||
average academic qualifications possessed by persons admitted to | ||
the program, including: | ||
(A) average overall grade point average and | ||
average grade point average in specific subject areas; and | ||
(B) average scores on the Scholastic Assessment | ||
Test (SAT), the American College Test (ACT), or the Graduate Record | ||
Examination (GRE), as applicable; | ||
(3) the degree to which persons who complete the | ||
program are successful in obtaining teaching positions; | ||
(4) the extent to which the program prepares teachers, | ||
including general education teachers and special education | ||
teachers, to effectively teach: | ||
(A) students with disabilities; and | ||
(B) students of limited English proficiency, as | ||
defined by Section 29.052; | ||
(5) the activities offered by the program that are | ||
designed to prepare teachers to: | ||
(A) integrate technology effectively into | ||
curricula and instruction, including activities consistent with | ||
the principles of universal design for learning; and | ||
(B) use technology effectively to collect, | ||
manage, and analyze data to improve teaching and learning for the | ||
purpose of increasing student academic achievement; | ||
(6) for each semester, the average ratio of field | ||
supervisors to candidates completing student teaching, clinical | ||
teaching, or an internship in an educator preparation program; | ||
(7) the percentage of teachers employed under a | ||
standard teaching certificate within one year of completing the | ||
program; | ||
(8) the perseverance of beginning teachers in the | ||
profession, based on information reported through the Public | ||
Education Information Management System (PEIMS) providing [ |
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employed as classroom teachers [ |
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at least three years after certification in comparison to similar | ||
programs; | ||
(9) the results of exit surveys given to program | ||
participants on completion of the program that involve evaluation | ||
of the program's effectiveness in preparing participants to succeed | ||
in the classroom; | ||
(10) the results of surveys given to school principals | ||
that involve evaluation of the program's effectiveness in preparing | ||
participants to succeed in the classroom, based on experience with | ||
employed program participants; and | ||
(11) the results of teacher satisfaction surveys | ||
developed under Section 21.045 and given to program participants at | ||
the end of the first year of teaching. | ||
SECTION 1.03. Section 25.001(b), Education Code, is amended | ||
to read as follows: | ||
(b) The board of trustees of a school district or its | ||
designee shall admit into the public schools of the district free of | ||
tuition a person who is over five and younger than 21 years of age on | ||
the first day of September of the school year in which admission is | ||
sought, and may admit a person who is at least 21 years of age and | ||
under 26 years of age for the purpose of completing the requirements | ||
for a high school diploma, if: | ||
(1) the person and either parent of the person reside | ||
in the school district; | ||
(2) the person does not reside in the school district | ||
but a parent of the person resides in the school district and that | ||
parent is a joint managing conservator or the sole managing | ||
conservator or possessory conservator of the person; | ||
(3) the person and the person's guardian or other | ||
person having lawful control of the person under a court order | ||
reside within the school district; | ||
(4) the person has established a separate residence | ||
under Subsection (d); | ||
(5) the person is homeless[ |
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either parent of the person, or of the person's guardian or other | ||
person having lawful control of the person; | ||
(6) the person is a foreign exchange student placed | ||
with a host family that resides in the school district by a | ||
nationally recognized foreign exchange program, unless the school | ||
district has applied for and been granted a waiver by the | ||
commissioner under Subsection (e); | ||
(7) the person resides at a residential facility | ||
located in the district; | ||
(8) the person resides in the school district and is 18 | ||
years of age or older or the person's disabilities of minority have | ||
been removed; or | ||
(9) the person does not reside in the school district | ||
but the grandparent of the person: | ||
(A) resides in the school district; and | ||
(B) provides a substantial amount of | ||
after-school care for the person as determined by the board. | ||
SECTION 1.04. Section 25.086(a), Education Code, is amended | ||
to read as follows: | ||
(a) A child is exempt from the requirements of compulsory | ||
school attendance if the child: | ||
(1) attends a private or parochial school that | ||
includes in its course a study of good citizenship; | ||
(2) is eligible to participate in a school district's | ||
special education program under Section 29.003 and cannot be | ||
appropriately served by the resident district; | ||
(3) has a physical or mental condition of a temporary | ||
and remediable nature that makes the child's attendance infeasible | ||
and holds a certificate from a qualified physician specifying the | ||
temporary condition, indicating the treatment prescribed to remedy | ||
the temporary condition, and covering the anticipated period of the | ||
child's absence from school for the purpose of receiving and | ||
recuperating from that remedial treatment; | ||
(4) is expelled in accordance with the requirements of | ||
law in a school district that does not participate in a mandatory | ||
juvenile justice alternative education program under Section | ||
37.011; | ||
(5) is at least 17 years of age and: | ||
(A) is attending a course of instruction to | ||
prepare for the high school equivalency examination, and: | ||
(i) has the permission of the child's parent | ||
or guardian to attend the course; | ||
(ii) is required by court order to attend | ||
the course; | ||
(iii) has established a residence separate | ||
and apart from the child's parent, guardian, or other person having | ||
lawful control of the child; or | ||
(iv) is homeless [ |
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(B) has received a high school diploma or high | ||
school equivalency certificate; | ||
(6) is at least 16 years of age and is attending a | ||
course of instruction to prepare for the high school equivalency | ||
examination, if: | ||
(A) the child is recommended to take the course | ||
of instruction by a public agency that has supervision or custody of | ||
the child under a court order; or | ||
(B) the child is enrolled in a Job Corps training | ||
program under the Workforce Investment Act of 1998 (29 U.S.C. | ||
Section 2801 et seq.); | ||
(7) is at least 16 years of age and is enrolled in a | ||
high school diploma program under Chapter 18; | ||
(8) is enrolled in the Texas Academy of Mathematics | ||
and Science under Subchapter G, Chapter 105; | ||
(9) is enrolled in the Texas Academy of Leadership in | ||
the Humanities; | ||
(10) is enrolled in the Texas Academy of Mathematics | ||
and Science at The University of Texas at Brownsville; | ||
(11) is enrolled in the Texas Academy of International | ||
Studies; or | ||
(12) is specifically exempted under another law. | ||
SECTION 1.05. Section 28.025(i), Education Code, is amended | ||
to read as follows: | ||
(i) If an 11th or 12th grade student who is homeless or in | ||
the conservatorship of the Department of Family and Protective | ||
Services transfers to a different school district and the student | ||
is ineligible to graduate from the district to which the student | ||
transfers, the district from which the student transferred shall | ||
award a diploma at the student's request, if the student meets the | ||
graduation requirements of the district from which the student | ||
transferred. [ |
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SECTION 1.06. Section 29.081(d), Education Code, is amended | ||
to read as follows: | ||
(d) For purposes of this section, "student at risk of | ||
dropping out of school" includes each student who is under 26 years | ||
of age and who: | ||
(1) was not advanced from one grade level to the next | ||
for one or more school years; | ||
(2) if the student is in grade 7, 8, 9, 10, 11, or 12, | ||
did not maintain an average equivalent to 70 on a scale of 100 in two | ||
or more subjects in the foundation curriculum during a semester in | ||
the preceding or current school year or is not maintaining such an | ||
average in two or more subjects in the foundation curriculum in the | ||
current semester; | ||
(3) did not perform satisfactorily on an assessment | ||
instrument administered to the student under Subchapter B, Chapter | ||
39, and who has not in the previous or current school year | ||
subsequently performed on that instrument or another appropriate | ||
instrument at a level equal to at least 110 percent of the level of | ||
satisfactory performance on that instrument; | ||
(4) if the student is in prekindergarten, | ||
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on | ||
a readiness test or assessment instrument administered during the | ||
current school year; | ||
(5) is pregnant or is a parent; | ||
(6) has been placed in an alternative education | ||
program in accordance with Section 37.006 during the preceding or | ||
current school year; | ||
(7) has been expelled in accordance with Section | ||
37.007 during the preceding or current school year; | ||
(8) is currently on parole, probation, deferred | ||
prosecution, or other conditional release; | ||
(9) was previously reported through the Public | ||
Education Information Management System (PEIMS) to have dropped out | ||
of school; | ||
(10) is a student of limited English proficiency, as | ||
defined by Section 29.052; | ||
(11) is in the custody or care of the Department of | ||
Family and Protective Services or has, during the current school | ||
year, been referred to the department by a school official, officer | ||
of the juvenile court, or law enforcement official; | ||
(12) is homeless[ |
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(13) resided in the preceding school year or resides | ||
in the current school year in a residential placement facility in | ||
the district, including a detention facility, substance abuse | ||
treatment facility, emergency shelter, psychiatric hospital, | ||
halfway house, cottage home operation, specialized child-care | ||
home, or general residential operation. | ||
SECTION 1.07. Section 29.153(b), Education Code, is amended | ||
to read as follows: | ||
(b) A child is eligible for enrollment in a prekindergarten | ||
class under this section if the child is at least three years of age | ||
and: | ||
(1) is unable to speak and comprehend the English | ||
language; | ||
(2) is educationally disadvantaged; | ||
(3) is [ |
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either parent of the child, or of the child's guardian or other | ||
person having lawful control of the child; | ||
(4) is the child of an active duty member of the armed | ||
forces of the United States, including the state military forces or | ||
a reserve component of the armed forces, who is ordered to active | ||
duty by proper authority; | ||
(5) is the child of a member of the armed forces of the | ||
United States, including the state military forces or a reserve | ||
component of the armed forces, who was injured or killed while | ||
serving on active duty; | ||
(6) is or ever has been in the conservatorship of the | ||
Department of Family and Protective Services following an adversary | ||
hearing held as provided by Section 262.201, Family Code; or | ||
(7) is the child of a person eligible for the Star of | ||
Texas Award as: | ||
(A) a peace officer under Section 3106.002, | ||
Government Code; | ||
(B) a firefighter under Section 3106.003, | ||
Government Code; or | ||
(C) an emergency medical first responder under | ||
Section 3106.004, Government Code. | ||
SECTION 1.08. Section 31.103(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district or open-enrollment charter school | ||
shall make a requisition for instructional material using the | ||
online requisition program maintained by the commissioner [ |
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shall fill a requisition approved by the agency. | ||
SECTION 1.09. Sections 33.906(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (e), each school that | ||
maintains an Internet website shall post on the website information | ||
regarding local programs and services, including charitable | ||
programs and services, available to assist [ |
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are homeless. | ||
(c) A representative of a local program or service available | ||
to assist [ |
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information concerning the program or service posted on a school's | ||
website. A school may determine the information that is posted on | ||
the school's website and is not required to post information as | ||
requested by the representative. | ||
SECTION 1.10. Section 38.209(a), Education Code, is amended | ||
to read as follows: | ||
(a) Not later than the 10th business day after the date a | ||
school personnel member or school volunteer administers an | ||
epinephrine auto-injector in accordance with a policy adopted under | ||
Section 38.208(a), the school shall report the information required | ||
under Subsection (b) to: | ||
(1) the school district, the charter holder if the | ||
school is an open-enrollment charter school, or the governing body | ||
of the school if the school is a private school; | ||
(2) the physician or other person who prescribed the | ||
epinephrine auto-injector; and | ||
(3) [ |
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SECTION 1.11. Section 39.0233(a), Education Code, is | ||
amended to read as follows: | ||
(a) The agency, in coordination with the Texas Higher | ||
Education Coordinating Board, shall adopt a series of questions to | ||
be included in an end-of-course assessment instrument administered | ||
under Section 39.023(c) to be used for purposes of Subchapter F-1, | ||
Chapter 51. The questions adopted under this subsection must be | ||
developed in a manner consistent with any college readiness | ||
standards adopted under [ |
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Chapter 51. | ||
SECTION 1.12. Section 39.410(c), Education Code, is amended | ||
to read as follows: | ||
(c) The commissioner shall ensure that an evaluation | ||
conducted under this section includes an assessment of whether | ||
student achievement has improved. [ |
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SECTION 1.13. Section 2265.001(a), Government Code, is | ||
amended to read as follows: | ||
(a) In this section, "governmental entity" means: | ||
(1) a board, commission, or department of the state or | ||
a political subdivision of the state, including a municipality, a | ||
county, or any kind of district other than a school district; or | ||
(2) an institution of higher education as defined by | ||
Section 61.003, Education Code. | ||
ARTICLE 2. OPEN-ENROLLMENT CHARTER SCHOOLS | ||
SECTION 2.01. Section 12.101, Education Code, is amended by | ||
adding Subsection (b-10) to read as follows: | ||
(b-10) The commissioner by rule shall allow a charter holder | ||
to provide written notice of the establishment of a new | ||
open-enrollment charter school under Subsection (b-4)(2) up to 18 | ||
months before the date on which the campus is anticipated to open. | ||
Notice provided to the commissioner under this section does not | ||
obligate the charter holder to open a new campus. | ||
SECTION 2.02. Section 12.1101, Education Code, is amended | ||
to read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a | ||
procedure for providing notice to the following persons on receipt | ||
by the commissioner of an application for a charter for an | ||
open-enrollment charter school under Section 12.110 or of notice of | ||
the establishment of a campus as authorized under Section | ||
12.101(b-4): | ||
(1) the superintendent and the board of trustees of | ||
each school district from which the proposed open-enrollment | ||
charter school or campus is likely to draw students, as determined | ||
by the commissioner; and | ||
(2) each member of the legislature that represents the | ||
geographic area to be served by the proposed school or campus, as | ||
determined by the commissioner. | ||
SECTION 2.03. Section 12.114, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A charter holder may submit a request for approval for | ||
an expansion amendment up to 18 months before the date on which the | ||
expansion will be effective. A request for approval of an expansion | ||
amendment does not obligate the charter holder to complete the | ||
proposed expansion. | ||
ARTICLE 3. REPEALER | ||
SECTION 3.01. The following provisions of the Education | ||
Code are repealed: | ||
(1) Section 7.009; | ||
(2) Section 25.007(a-1); | ||
(3) Section 39.233; and | ||
(4) Section 44.903. | ||
ARTICLE 4. EFFECTIVE DATE | ||
SECTION 4.01. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 4.02. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 668 passed the Senate on | ||
April 25, 2019, by the following vote: Yeas 30, Nays 0; | ||
May 20, 2019, Senate refused to concur in House amendment and | ||
requested appointment of Conference Committee; May 22, 2019, House | ||
granted request of the Senate; May 25, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 29, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 668 passed the House, with | ||
amendment, on May 16, 2019, by the following vote: Yeas 132, | ||
Nays 2, two present not voting; May 22, 2019, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 24, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 138, Nays 2, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |