S.B. No. 1395
AN ACT
relating to the establishment of high school diploma programs by 
Job Corps training programs under the United States Department of 
Labor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle C, Title 2, Education Code, is amended 
by adding Chapter 18 to read as follows:
CHAPTER 18.  JOB CORPS DIPLOMA PROGRAMS
	Sec. 18.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Job Corps diploma program" or "diploma program" 
means a public school high school diploma program established and 
operated under this chapter.
		(2)  "Job Corps training program" means any corporate 
entity authorized to do business in the state and currently under 
contract with the United States Department of Labor to operate a Job 
Corps training program under the Workforce Investment Act of 1998 
(29 U.S.C. Section 2801 et seq.).
	Sec. 18.002.  ESTABLISHMENT.  (a)  A Job Corps training 
program may establish a high school diploma program to operate 
public secondary schools at Job Corps facilities throughout the 
state.
	(b)  A Job Corps diploma program established under this 
chapter is separate and distinct from the United States Department 
of Labor.
	Sec. 18.003.  AUTHORITY.  A Job Corps diploma program may 
offer a secondary school curriculum, a high school diploma program, 
and a General Educational Development program.
	Sec. 18.004.  GOALS.  The goals of a Job Corps diploma 
program are to:
		(1)  serve at-risk students who have not been 
successful in a traditional school setting;
		(2)  increase student success rates in obtaining and 
maintaining employment; and
		(3)  decrease future societal costs by offering a high 
school diploma program to students who would benefit from Job Corps 
academic and vocational programs.
	Sec. 18.005.  GOVERNANCE; LIMITATION ON POWERS; DUTIES.  
(a)  A Job Corps diploma program shall be governed as provided by 
this chapter and policies established by the Job Corps training 
program operating the diploma program.  Unless otherwise provided 
by this chapter, a provision of this code applicable to a school 
district does not apply to a Job Corps diploma program.
	(b)  A Job Corps diploma program may not impose a tax.                  
	(c)  A Job Corps diploma program shall:                                 
		(1)  develop educational programs specifically 
designed for persons eligible for enrollment in a Job Corps 
training program established by the United States Department of 
Labor;
		(2)  coordinate educational programs and services in 
the diploma program with programs and services provided by the 
United States Department of Labor and other federal and state 
agencies and local political subdivisions and by persons who 
provide programs and services under contract with the United States 
Department of Labor;
		(3)  provide a course of instruction that includes the 
required curriculum under Subchapter A, Chapter 28;
		(4)  require that students enrolled in the diploma 
program satisfy the requirements of Section 39.025 before receiving 
a diploma under this chapter; and
		(5)  comply with a requirement imposed under this title 
or a rule adopted under this title relating to the Public Education 
Information Management System (PEIMS) to the extent necessary to 
determine compliance with this chapter, as determined by the 
commissioner.
	Sec. 18.006.  ACCOUNTABILITY.  (a)  The commissioner shall 
develop and implement a system of accountability consistent with 
Chapter 39, where appropriate, to be used in assigning an annual 
performance rating to Job Corps diploma programs comparable to the 
ratings assigned to school districts under Section 39.072.
	(b)  In addition to other factors determined to be 
appropriate by the commissioner, the accountability system must 
include consideration of:
		(1)  student performance on the secondary exit-level 
assessment instruments required by Section 39.023(c); and
		(2)  dropout rates, including dropout rates and diploma 
program completion rates for the grade levels served by the diploma 
program.
	Sec. 18.007.  ELIGIBILITY FOR CERTAIN PROGRAMS AND SERVICES.  
(a)  Any person enrolled in good standing in a Job Corps diploma 
program who is not a high school graduate is eligible for programs 
or services under this chapter.
	(b)  A person's eligibility for programs and services under 
this chapter does not exclude the person from being eligible for an 
educational program or service under any other chapter of this 
code.
	Sec. 18.008.  GRANTS AND FEDERAL FUNDS.  (a)  A Job Corps 
diploma program may accept a grant from a public or private 
organization and may spend those funds to supplement programs and 
provide student services.
	(b)  A diploma program may accept federal funds and shall use 
those funds in compliance with applicable federal law, regulations, 
and guidelines.
	Sec. 18.009.  COSTS.  (a)  A Job Corps training program 
shall pay the cost of operating its diploma program.
	(b)  The operating costs of a program may not be charged to a 
school district.
	Sec. 18.010.  PROGRAM EMPLOYEES.  (a)  Job Corps diploma 
program employees are not considered employees of the state.
	(b)  A diploma program may establish personnel policies as 
necessary to ensure its effective and efficient operation under 
this chapter.
	(c)  A diploma program employee required under Chapter 21 to 
hold a certificate if employed by a school district must be 
certified in accordance with that chapter.
	SECTION 2.  Subsection (b), Section 1.001, Education Code, 
is amended to read as follows:
	(b)  Except as provided by Chapter 18, Chapter 19, Subchapter 
A, Chapter 29, or Subchapter E, Chapter 30, this code does not apply 
to students, facilities, or programs under the jurisdiction of the 
[Texas] Department of Aging [Mental Health] and Disability 
Services, the Department of State Health Services, the Health and 
Human Services Commission [Mental Retardation], the Texas Youth 
Commission, [the Texas Department of Human Services,] the Texas 
Department of Criminal Justice, a Job Corps program operated by or 
under contract with the United States Department of Labor, or any 
juvenile probation agency.
	SECTION 3.  Subsection (a), Section 25.086, 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.) [Job Training Partnership Act (29 U.S.C. 
Section 1501 et seq.), and its subsequent amendments];
		(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;    
		(9) [(8)]  is enrolled in the Texas Academy of 
Leadership in the Humanities; or
		(10) [(9)]  is specifically exempted under another 
law.
	SECTION 4.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 5.  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, 2005.
                                                                              
______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1395 passed the Senate on 
April 28, 2005, by the following vote:  Yeas 31, Nays 0.
______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1395 passed the House on 
May 25, 2005, by the following vote:  Yeas 144, Nays 0, two 
present not voting.
______________________________ 
   Chief Clerk of the House            
Approved:
______________________________ 
            Date
______________________________ 
          Governor