85R23027 PAM-D
 
  By: Raymond H.B. No. 156
 
  Substitute the following for H.B. No. 156:
 
  By:  King of Hemphill C.S.H.B. No. 156
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a pilot program in designated public high
  schools in certain municipalities for placement of students in
  Junior Reserve Officers' Training Corps programs as an alternative
  to placement in disciplinary or juvenile justice alternative
  education programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 37, Education Code, is amended by adding
  Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  PILOT PROGRAM IN DESIGNATED HIGH SCHOOLS IN
  CERTAIN MUNICIPALITIES FOR ALTERNATIVE DISCIPLINARY PLACEMENT:
  JUNIOR RESERVE OFFICERS' TRAINING CORPS (JROTC)
         Sec. 37.031.  ESTABLISHMENT OF PILOT PROGRAM. (a) A pilot
  program is established under this subchapter for placement of high
  school students in Junior Reserve Officers' Training Corps programs
  as an alternative, in accordance with Section 37.032, to placement
  in disciplinary alternative education programs or juvenile justice
  alternative education programs.
         (b)  The pilot program applies only to a student enrolled in
  a high school:
               (1)  located in a municipality that:
                     (A)  has a population of 200,000 or more;
                     (B)  is located on an international border; and
                     (C)  has more than 20 percent of the population 18
  to 24 years of age who have not graduated from high school,
  according to the most recent American Community Survey five-year
  estimates compiled by the United States Census Bureau; and
               (2)  designated by the agency under Subsection (c).
         (c)  The agency shall designate not more than two high
  schools that are located in a municipality described by Subsection
  (b)(1) and that offer Junior Reserve Officers' Training Corps
  programs to participate in the pilot program. The commissioner by
  rule shall adopt additional criteria that promote positive student
  educational outcomes for the agency to use in making designations
  under this subchapter.
         (d)  The application of this subchapter to a student enrolled
  in a high school located in a municipality described by Subsection
  (b)(1) is not affected if, after the high school is designated under
  Subsection (c), the high school graduation rate in the municipality
  changes and the municipality no longer meets the requirements of
  Subsection (b)(1)(C).
         Sec. 37.032.  PARTICIPATION REQUIREMENTS AND EXCEPTIONS.
  (a)  Notwithstanding any other provision of Subchapter A and except
  as provided by Subsection (c), a student subject to this subchapter
  who is otherwise required or permitted under Subchapter A to be
  placed in a disciplinary alternative education program or juvenile
  justice alternative education program may, instead of that
  placement, be required to participate in a Junior Reserve Officers'
  Training Corps program if:
               (1)  the student meets the initial eligibility
  requirements for the program; and
               (2)  the student's parent or guardian consents to the
  student's placement in the program.
         (b)  A student required to participate in a Junior Reserve
  Officers' Training Corps program as authorized under this
  subchapter shall continue to attend the student's regularly
  assigned classes, except that the student's schedule may be
  modified to the extent necessary to provide for required attendance
  in the program.
         (c)  This subchapter does not apply if:
               (1)  the student is removed from class and placed into
  another appropriate classroom or into in-school suspension under
  Section 37.002 or is suspended under Section 37.005;
               (2)  the student engages in conduct described by
  Section 37.006(a)(2)(B) or Section 37.007(a)(2) or (b)(2)(C);
               (3)  the continued presence of the student in the
  regular classroom threatens the safety of other students or
  teachers; or
               (4)  the student engages in conduct for which the
  student is required to be expelled from the student's regular
  campus under federal law.
         Sec. 37.033.  STUDENT CODE OF CONDUCT. (a) In addition to
  the requirements for the student code of conduct under Section
  37.001, the student code of conduct for a school district that
  includes a school designated under Section 37.031(c) must,
  consistent with this subchapter and as applied to the designated
  school:
               (1)  specify conditions that authorize a principal or
  other appropriate administrator to require a student to participate
  in a Junior Reserve Officers' Training Corps program, including the
  condition that the student's parent or guardian must consent to the
  student's placement in the program;
               (2)  specify that consideration will be given, as a
  factor in each decision concerning participation in a Junior
  Reserve Officers' Training Corps program, to:
                     (A)  self-defense;
                     (B)  intent or lack of intent at the time the
  student engaged in the conduct;
                     (C)  a student's disciplinary history; or
                     (D)  a disability that substantially impairs the
  student's capacity to appreciate the wrongfulness of the student's
  conduct;
               (3)  provide guidelines that promote positive student
  educational outcomes for determining placement in a Junior Reserve
  Officers' Training Corps program as an alternative to placement in
  a disciplinary alternative education program or juvenile justice
  alternative education program;
               (4)  provide guidelines for setting the length of a
  term of required participation in a Junior Reserve Officers' 
  Training Corps program; and
               (5)  address the notification of a student's parent or
  guardian of a violation of the student code of conduct committed by
  the student that requires the consent of the student's parent or
  guardian for the student to be placed in a Junior Reserve Officers'
  Training Corps program as an alternative to placement in a
  disciplinary alternative education program or a juvenile justice
  alternative education program.
         (b)  This section does not require the student code of
  conduct to specify a minimum term of required participation in a
  Junior Reserve Officers' Training Corps program.
         Sec. 37.034.  DETERMINATION REGARDING CERTAIN CONDUCT.  
  Section 37.006(e) applies to this subchapter.
         Sec. 37.035.  NOTICE TO PARENTS. (a)  Before a student may
  be required to participate in a Junior Reserve Officers' Training
  Corps program as authorized under this subchapter, the school
  district shall notify the student's parent or guardian of the
  student's proposed placement and request and obtain consent for the
  student's placement in the program. The notice must include the
  reason for the proposed placement.
         (b)  A noncustodial parent may request in writing that a
  school district or school, for the remainder of the school year in
  which the request is received, provide that parent with a copy of
  any written notification relating to the student's placement as
  authorized under this subchapter that is generally provided by the
  district or school to a student's parent or guardian.
         Sec. 37.036.  TERM OF PLACEMENT. (a) The board of trustees
  of the school district or the board's designee shall set a term for
  a student's required participation in a Junior Reserve Officers'
  Training Corps program as authorized under this subchapter. The
  term must be for a period consistent with the guidelines adopted
  under the student code of conduct in accordance with Section
  37.033(a)(4). If the period of placement is inconsistent with the
  guidelines adopted under the student code of conduct, the notice
  under Section 37.035(a) must provide an explanation of the
  inconsistency.
         (b)  Before a student may be required to participate in a
  Junior Reserve Officers' Training Corps program as authorized under
  this subchapter for a period that extends beyond the end of a school
  year, the board of trustees or the board's designee must determine
  that the student has engaged in serious or persistent misbehavior
  that violates the district's student code of conduct. The period of
  required participation may not exceed one year unless, after
  review, the board or the board's designee determines that extended
  placement is in the best interest of the student.
         Sec. 37.037.  NOTICE TO EDUCATORS.  (a) The board of
  trustees of the school district shall inform each educator who has
  responsibility for, or is under the direction and supervision of an
  educator who has responsibility for, the instruction of a student
  who is required to participate in a Junior Reserve Officers'
  Training Corps program as authorized under this subchapter.
         (b)  Each educator shall keep the information received under
  this section confidential from any person not entitled to the
  information under this section, except that the educator may share
  the information with the student's parent or guardian as provided
  for by state or federal law.
         (c)  The State Board for Educator Certification may revoke or
  suspend the certification of an educator who intentionally violates
  this section or Section 37.038.
         Sec. 37.038.  TRANSFER OF STUDENT UNDER PILOT PROGRAM. (a)  
  If a student required to participate in a Junior Reserve Officers'
  Training Corps program as authorized under this subchapter enrolls
  in another school district before the expiration of the period of
  required participation, the board of trustees of the school
  district requiring the participation shall provide to the district
  in which the student enrolls, at the same time other records of the
  student are provided, a copy of the placement order. The district
  in which the student enrolls shall inform each educator who will
  have responsibility for, or will be under the direction and
  supervision of an educator who will have responsibility for, the
  instruction of the student of the contents of the placement order.
         (b)  Each educator shall keep the information received under
  this section confidential from any person not entitled to the
  information under this section, except that the educator may share
  the information with the student's parent or guardian as provided
  for by state or federal law.
         (c)  Subject to Subsection (d), the school district in which
  the student enrolls may continue the Junior Reserve Officers'
  Training Corps program placement under the terms of the order or may
  allow the student to attend regular classes without completing the
  period of required participation.
         (d)  If the school the student attends in the school district
  in which the student enrolls does not offer a Junior Reserve
  Officers' Training Corps program, the student may be placed in a
  disciplinary alternative education program or a juvenile justice
  alternative education program under the procedures provided by this
  subchapter for the remainder of the term set under Section 37.036.
         Sec. 37.039.  PROCEDURE FOR ADDRESSING SUBSEQUENT CONDUCT
  AFTER PROGRAM PARTICIPATION. A student required to participate in
  a Junior Reserve Officers' Training Corps program as authorized
  under this subchapter is subject to the provisions of Subchapter A
  relating to removal from class and placement in a disciplinary
  alternative education program or juvenile justice alternative
  education program if the student, after completion of any required
  participation in a Junior Reserve Officers' Training Corps program
  as authorized under this subchapter, engages in subsequent conduct
  requiring or permitting the student to be removed from class and
  placed in a disciplinary alternative education program or juvenile
  justice alternative education program under Subchapter A.
         Sec. 37.040.  APPLICABILITY TO SUBCHAPTER A. Sections
  37.002, 37.006, and 37.007 are subject to this subchapter.
         Sec. 37.041.  REVIEW OF PROGRAM; REPORT.  Not later than
  January 1, 2019, the commissioner shall review the pilot program
  established under this subchapter and submit to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and the presiding officer of each legislative standing committee
  with primary jurisdiction over primary and secondary education a
  written report regarding the progress made by the pilot program in
  improving student educational outcomes.
         Sec. 37.042.  EXPIRATION. This subchapter expires September
  1, 2019.
         SECTION 2.  Section 37.020, Education Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  For each placement in a Junior Reserve Officers'
  Training Corps program under Subchapter A-1, the district shall
  report:
               (1)  information identifying the student, including
  the student's race, sex, and date of birth, that will enable the
  agency to compare placement data with information collected through
  other reports;
               (2)  information indicating whether the placement was
  based on:
                     (A)  conduct violating the student code of conduct
  adopted under Section 37.001;
                     (B)  conduct for which placement in a disciplinary
  alternative education program or juvenile justice alternative
  education program is otherwise required or permitted by this
  subchapter; or
                     (C)  conduct occurring while a student was
  enrolled in another district and for which placement in a Junior
  Reserve Officers' Training Corps program is permitted by Section
  37.038;
               (3)  the number of full or partial days the student was
  assigned to the program and the number of full or partial days the
  student attended the program;
               (4)  the number of placements that were inconsistent
  with the guidelines included in the student code of conduct under
  Section 37.033(a)(4);
               (5)  information regarding the academic performance of
  the student on assessment instruments required under Section
  39.023, as applicable, during the year preceding, during the year
  of, and during the year following placement in the program, to the
  extent available; and
               (6)  information indicating whether the student
  dropped out of school, to the extent available.
         (e)  Subsection (d) and this subsection expire September 1,
  2019.
         SECTION 3.  (a) Not later than December 1, 2017, the
  commissioner of education shall adopt rules for the Texas Education
  Agency to use to designate public high schools to participate in the
  pilot program established under Subchapter A-1, Chapter 37,
  Education Code, as added by this Act.
         (b)  Not later than January 1, 2018, the Texas Education
  Agency shall designate not more than two public high schools to
  participate in the pilot program established under Subchapter A-1,
  Chapter 37, Education Code, as added by this Act.
         (c)  The pilot program established under Subchapter A-1,
  Chapter 37, Education Code, as added by this Act, shall be
  implemented in each high school designated under that subchapter
  beginning with the spring semester of the 2017-2018 school year.
         SECTION 4.  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, 2017.