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AN ACT
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relating to standards for the operation of school district |
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disciplinary alternative education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.008, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(a-3) to read as follows: |
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(a) Each school district shall provide a disciplinary |
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alternative education program that: |
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(1) is provided in a setting other than a student's |
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regular classroom; |
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(2) is located on or off of a regular school campus; |
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(3) provides for the students who are assigned to the |
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disciplinary alternative education program to be separated from |
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students who are not assigned to the program; |
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(4) focuses on English language arts, mathematics, |
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science, history, and self-discipline; |
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(5) provides for students' educational and behavioral |
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needs; |
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(6) provides supervision and counseling; |
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(7) employs only teachers who [requires that to teach
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in an off-campus disciplinary alternative education program, each
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teacher] meet all certification requirements established under |
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Subchapter B, Chapter 21; and |
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(8) provides not less than the minimum amount of |
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instructional time per day required by Section 25.082(a) |
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[notwithstanding Subdivision (7), requires that to teach in a
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disciplinary alternative education program of any kind, each
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teacher employed by a school district during the 2003-2004 school
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year or an earlier school year meet, not later than the beginning of
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the 2005-2006 school year, all certification requirements
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established under Subchapter B, Chapter 21]. |
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(a-1) The agency shall adopt minimum standards for the |
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operation of disciplinary alternative education programs, |
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including standards relating to: |
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(1) student/teacher ratios; |
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(2) student health and safety; |
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(3) reporting of abuse, neglect, or exploitation of |
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students; |
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(4) training for teachers in behavior management and |
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safety procedures; and |
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(5) planning for a student's transition from a |
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disciplinary alternative education program to a regular campus. |
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(a-2) Not later than December 15, 2008, the agency shall |
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deliver a report to the legislature that provides the estimated |
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costs to the agency of enforcing the standards adopted under |
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Subsection (a-1), including the estimated cost of: |
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(1) on-site monitoring to enforce the standards; and |
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(2) alternative methods of monitoring compliance with |
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the standards. |
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(a-3) Subsection (a-2) and this subsection expire January |
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15, 2009. |
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SECTION 2. (a) Section 37.008(a), Education Code, as |
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amended by this Act, applies beginning with the 2007-2008 school |
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year. |
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(b) Standards for the operation of school district |
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disciplinary alternative education programs adopted under Section |
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37.008(a-1), Education Code, as added by this Act, apply beginning |
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with the 2007-2008 school year. |
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SECTION 3. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 426 was passed by the House on May 9, |
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2007, by the following vote: Yeas 139, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 426 on May 25, 2007, by the following vote: Yeas 140, Nays 1, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 426 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |