S.B. No. 668
 
 
 
 
AN ACT
  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 [as
  determined on the basis of] the number of beginning teachers
  employed as classroom teachers [who maintain status as active
  contributing members in the Teacher Retirement System of Texas] for
  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[, as defined by 42 U.S.C.
  Section 11302], regardless of the residence of the person, of
  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 [as defined by 42 U.S.C.
  Section 11302]; or
                     (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.  [In this subsection, "student who is homeless" has
  the meaning assigned to the term "homeless children and youths"
  under 42 U.S.C. Section 11434a.]
         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[, as defined by 42 U.S.C. Section
  11302, and its subsequent amendments]; or
               (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 [a] homeless [child, as defined by 42 U.S.C.
  Section 11434a], regardless of the residence of the child, of
  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 [not
  later than June 1 of each year].  The publisher or manufacturer
  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 [homeless] students who
  are homeless.
         (c)  A representative of a local program or service available
  to assist [homeless] students who are homeless may request to have
  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)  [the commissioner of education; and
               [(4)]  the commissioner of state health services.
         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 [Section 39.233 and] Subchapter F-1,
  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.  [Results of the evaluation shall
  be provided through the online clearinghouse of information
  relating to the best practices of campuses and school districts
  established under Section 7.009.]
         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