Bill Text: TX HB2452 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the provision of educational services to certain students receiving treatment at a day treatment center and to the consideration of those students for purposes of accountability and calculating average daily attendance.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-13 - Referred to Public Education [HB2452 Detail]
Download: Texas-2015-HB2452-Introduced.html
| 84R10719 GCB-D | ||
| By: Burns | H.B. No. 2452 | |
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| relating to the provision of educational services to certain | ||
| students receiving treatment at a day treatment center and to the | ||
| consideration of those students for purposes of accountability and | ||
| calculating average daily attendance. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 5.001, Education Code, is amended by | ||
| adding Subdivision (3-a) to read as follows: | ||
| (3-a) "Day treatment center" means a psychiatric day | ||
| treatment facility, as defined by Section 1355.101, Insurance Code, | ||
| that does not provide residential services. | ||
| SECTION 2. Subchapter A, Chapter 25, Education Code, is | ||
| amended by adding Section 25.0012 to read as follows: | ||
| Sec. 25.0012. CHILDREN RECEIVING SERVICES AT DAY TREATMENT | ||
| CENTER. (a) A school district or open-enrollment charter school | ||
| shall provide educational services at a day treatment center to a | ||
| student enrolled in the district or charter school for whom: | ||
| (1) a court orders the treatment; or | ||
| (2) a psychiatrist or a licensed physician certified | ||
| by the American Board of Psychiatry and Neurology recommends the | ||
| treatment and specifies the recommended duration of the treatment | ||
| in a writing provided the district or charter school. | ||
| (b) A school district or open-enrollment charter school | ||
| shall maintain a copy of a writing received under Subsection | ||
| (a)(2). | ||
| (c) A school district or open-enrollment charter school may | ||
| contract for the provision of educational services to a student at a | ||
| day treatment center. | ||
| SECTION 3. Subchapter C, Chapter 39, Education Code, is | ||
| amended by adding Section 39.0551 to read as follows: | ||
| Sec. 39.0551. STUDENT RECEIVING EDUCATION SERVICES AT DAY | ||
| TREATMENT CENTER CONSIDERED FOR ACCOUNTABILITY PURPOSES. (a) | ||
| Except as provided by Subsection (b), a student receiving | ||
| educational services at a day treatment center in accordance with | ||
| Section 25.0012 is considered a student of the school district or | ||
| open-enrollment charter school that provides the services to the | ||
| student for purposes of determining the performance of a school | ||
| district, campus, or open-enrollment charter school under this | ||
| chapter, and the performance of such a student on an assessment | ||
| instrument or other student achievement indicator adopted under | ||
| Section 39.053 or reporting indicator adopted under Section 39.301 | ||
| shall be determined, reported, and considered in the same manner as | ||
| the performance of other students enrolled in the district or | ||
| charter school. | ||
| (b) A student receiving educational services at a day | ||
| treatment center in accordance with Section 25.0012 is not | ||
| considered a student of a school district or open-enrollment | ||
| charter school for purposes of determining the performance of a | ||
| school district, campus, or open-enrollment charter school under | ||
| this chapter if the school district or charter school contracts for | ||
| the provision of services to that student, as permitted by Section | ||
| 25.0012(c). | ||
| SECTION 4. Section 42.005, Education Code, is amended by | ||
| adding Subsection (h) to read as follows: | ||
| (h) For purposes of calculating average daily attendance, a | ||
| student receiving treatment at a day treatment center is considered | ||
| in attendance for each day for which a school district or | ||
| open-enrollment charter school provides educational services to | ||
| the student at the day treatment center, in accordance with Section | ||
| 25.0012. | ||
| SECTION 5. This Act applies beginning with the 2015-2016 | ||
| school year. | ||
| SECTION 6. 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, 2015. | ||
