Bill Text: TX HB209 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the operation of special student recovery programs by certain school districts.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-02-07 - Referred to Public Education [HB209 Detail]
Download: Texas-2013-HB209-Introduced.html
| 83R620 KKA-D | ||
| By: Marquez | H.B. No. 209 | |
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| relating to the operation of special student recovery programs by | ||
| certain school districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 39, Education Code, is | ||
| amended by adding Section 39.117 to read as follows: | ||
| Sec. 39.117. SPECIAL STUDENT RECOVERY PROGRAM. (a) This | ||
| section applies only to a school district with a student enrollment | ||
| of at least 60,000 that is located in a county on the international | ||
| border with a population of 800,000 or more. | ||
| (b) The commissioner may require a school district to which | ||
| this section applies to operate a special student recovery program | ||
| if the commissioner has a reasonable belief that the district has, | ||
| for the purpose of affecting the performance rating under Section | ||
| 39.054 or former Section 39.072 or a distinction designation under | ||
| Section 39.202 or 39.203 of the district or a campus in the | ||
| district: | ||
| (1) assigned a student to a grade level to which the | ||
| student would not otherwise be assigned; | ||
| (2) retained a student at a grade level at which the | ||
| student would not otherwise be retained; | ||
| (3) declined to admit to the schools of the district a | ||
| student with limited English proficiency; or | ||
| (4) encouraged a student to enroll in another district | ||
| or drop out of school. | ||
| (c) The commissioner shall require a school district to | ||
| which this section applies to operate a special student recovery | ||
| program if the superintendent or assistant superintendent of the | ||
| district or a principal or assistant principal of a campus in the | ||
| district is convicted of or receives a grant of deferred | ||
| adjudication community supervision for an offense associated with | ||
| conduct described by Subsection (b). | ||
| (d) A special student recovery program must include: | ||
| (1) identification of students affected by conduct | ||
| described by Subsection (b), with an emphasis on identifying and | ||
| obtaining current addresses for students who dropped out of school | ||
| after the conduct; | ||
| (2) notification of students identified under | ||
| Subdivision (1) of the availability of educational services | ||
| provided through the program; | ||
| (3) provision of appropriate compensatory, intensive, | ||
| and accelerated instructional services for students identified | ||
| under Subdivision (1), including services designed to enable | ||
| students to obtain high school equivalency certificates under | ||
| Section 7.111; and | ||
| (4) for students identified under Subdivision (1) who | ||
| are at least 21 years of age and under 26 years of age, the offer of | ||
| admission to the schools of the district for the purpose of | ||
| completing the requirements for a high school diploma, as | ||
| authorized by Section 25.001. | ||
| (e) In addition to any other available funds, a school | ||
| district may use funds provided to the district under Section | ||
| 42.152 to pay the costs of the program. Instructional services may | ||
| be provided to students identified under Subsection (d)(1) who are | ||
| under 26 years of age using funds provided under Section 42.152 or | ||
| other Foundation School Program funds, notwithstanding Section | ||
| 42.003. | ||
| (f) This section requires a school district to provide | ||
| instructional services only to a student who is eligible for | ||
| admission to the schools of the district under Section 25.001, | ||
| including eligibility described by that section for students who | ||
| are under 26 years of age. | ||
| (g) The commissioner shall determine the duration of a | ||
| special student recovery program, provided that the program must | ||
| have a duration of at least two years. Before a program may be | ||
| concluded, the agency must conduct a public hearing in the | ||
| community served by the school district to solicit comments from | ||
| students, parents, and other members of the community regarding | ||
| whether there is a continuing need for the program. | ||
| (h) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| SECTION 2. Section 39.117, Education Code, as added by this | ||
| Act, authorizes or requires, as applicable, the commissioner of | ||
| education to require a school district to operate a special student | ||
| recovery program regardless of whether the district's conduct | ||
| giving rise to the commissioner's action occurred before or after | ||
| the effective date of this Act. The commissioner may waive | ||
| operation of a program if the conduct occurred at least 10 years | ||
| before the effective date of this Act. | ||
| SECTION 3. 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, 2013. | ||
