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AN ACT
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relating to the educational needs of homeless students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 25.007, Education Code, |
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is amended to read as follows: |
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Sec. 25.007. TRANSITION ASSISTANCE FOR STUDENTS WHO ARE |
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HOMELESS OR IN SUBSTITUTE CARE. |
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SECTION 2. Section 25.007, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The legislature finds that: |
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(1) students who are homeless or in substitute care |
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are faced with numerous transitions during their formative years; |
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and |
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(2) students who are homeless or in substitute care |
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who move from one school to another are faced with special |
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challenges to learning and future achievement. |
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(a-1) In this section, "students who are homeless" has the |
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meaning assigned to the term "homeless children and youths" under |
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42 U.S.C. Section 11434a. |
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SECTION 3. Section 25.007(b), Education Code, as amended by |
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Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(b) In recognition of the challenges faced by students who |
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are homeless or in substitute care, the agency shall assist the |
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transition of students who are homeless or in substitute care |
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[students] from one school to another by: |
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(1) ensuring that school records for a student who is |
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homeless or in substitute care are transferred to the student's new |
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school not later than the 10th working day after the date the |
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student begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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who is homeless or in substitute care during the first two weeks of |
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enrollment at a new school; |
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(3) developing procedures for awarding credit, |
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including partial credit if appropriate, for course work, including |
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electives, completed by a student who is homeless or in substitute |
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care while enrolled at another school; |
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(4) promoting practices that facilitate access by a |
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student who is homeless or in substitute care to extracurricular |
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programs, summer programs, credit transfer services, electronic |
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courses provided under Chapter 30A, and after-school tutoring |
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programs at nominal or no cost; |
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(5) establishing procedures to lessen the adverse |
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impact of the movement of a student who is homeless or in substitute |
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care to a new school; |
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(6) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(7) encouraging school districts and open-enrollment |
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charter schools to provide services for a student who is homeless or |
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in substitute care in transition when applying for admission to |
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postsecondary study and when seeking sources of funding for |
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postsecondary study; |
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(8) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student who is homeless or in |
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substitute care by a school previously attended by the student; |
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(9) requiring school districts to provide notice to |
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the child's educational decision-maker and caseworker regarding |
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events that may significantly impact the education of a child, |
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including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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special education under Section 29.003; |
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(B) admission, review, and dismissal committee |
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meetings; |
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(C) manifestation determination reviews required |
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by Section 37.004(b); |
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(D) any disciplinary actions under Chapter 37 for |
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which parental notice is required; |
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(E) citations issued for Class C misdemeanor |
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offenses on school property or at school-sponsored activities; |
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(F) reports of restraint and seclusion required |
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by Section 37.0021; and |
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(G) use of corporal punishment as provided by |
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Section 37.0011; [and] |
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(10) developing procedures for allowing a student who |
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is homeless or in substitute care who was previously enrolled in a |
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course required for graduation the opportunity, to the extent |
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practicable, to complete the course, at no cost to the student, |
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before the beginning of the next school year; |
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(11) ensuring that a student who is homeless or in |
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substitute care who is not likely to receive a high school diploma |
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before the fifth school year following the student's enrollment in |
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grade nine, as determined by the district, has the student's course |
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credit accrual and personal graduation plan reviewed; [and] |
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(12) ensuring that a student in substitute care who is |
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in grade 11 or 12 be provided information regarding tuition and fee |
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exemptions under Section 54.366 for dual-credit or other courses |
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provided by a public institution of higher education for which a |
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high school student may earn joint high school and college credit; |
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and |
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(13) [(10)] providing other assistance as identified |
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by the agency. |
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SECTION 4. Section 28.025(i), Education Code, is amended to |
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read as follows: |
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(i) If an 11th or 12th grade student who is homeless or in |
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the conservatorship of the Department of Family and Protective |
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Services transfers to a different school district and the student |
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is ineligible to graduate from the district to which the student |
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transfers, the district from which the student transferred shall |
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award a diploma at the student's request, if the student meets the |
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graduation requirements of the district from which the student |
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transferred. In this subsection, "student who is homeless" has the |
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meaning assigned to the term "homeless children and youths" under |
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42 U.S.C. Section 11434a. |
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SECTION 5. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 6. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1494 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1494 passed the House on |
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May 27, 2015, by the following vote: Yeas 143, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |