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