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The perspective for this topic is that of a professional school counselor educating and informing teachers and other school staff of my campus Long Early Learning Center.  The Texas Education Agency (n.d.) reports that in the state of Texas approximately "16,000 school-age students are in foster care at any given time," suggesting that a large population of children in the public school system necessitate an understanding of the complex legal and ethical rights that accompany their circumstances (para. 1).  This statistic underscores the need for greater awareness of school staff regarding what working with students in foster care requires.

Reference
Texas Education Agency, (n.d.). Foster care and student success. Retrieved July 15, 2021 from https://tea.texas.gov/academics/special-student-populations/foster-care-and-student-success/foster-care-student-success

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2. Professional in Practice Interview: Rosemary Hollingsworth, LPC

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2. Professional in Practice Interview: Rosemary Hollingsworth, LPC

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Balancing legal and ethical obligations is not new territory for Rosemary Hollingsworth.  An established and long serving Licensed Professional Counselor, Hollingsworth only recently shifted her practice to school counseling.  Hollingsworth herself is an adoptive parent and a specialist in parenting and family conflict among other things, so she has a very unique and profound perspective with respect to working with children in foster care.  She points to the diverse neurodevelopmental challenges and experiences of adversity that affect the social and academic progress of this population and stresses that educators must be adept in meeting their needs in order for them to thrive in school and in life (R. Hollingsworth, personal communication, July 16, 2021).  She asserts that some best practices when working with these students include:training on trauma and trauma informed care, gaining awareness around how trauma impacts brain development, and developing consciousness involving adult  preparedness in educating and supporting children in foster care (R. Hollingsworth, personal communication, July 16, 2021).  A emerging issue identified by Hollingsworth that will continue to have a far-reaching and lasting effect on students in foster care and the broader scope of education in general is the COVID-19 pandemic (R. Hollingsworth, personal communication, July 16, 2021).  She states that consequences from the loss of or removal from primary caregivers will reverberate throughout students in foster care and the systems which they interact (R. Hollingsworth, personal communication, July 16, 2021).  Hollingsworth continues to grow in her work and her practice through providing and attending training relevant to working with students in foster care that encompasses trauma, trauma informed care, and legal and ethical duties (R. Hollingsworth, personal communication, July 16, 2021).  Moreover, she follows litigation such as the recent decision placing a third party representative in management of the oversight of a child once in placement that influences both the school and home life of the students in her charge (R. Hollingsworth, personal communication, July 16, 2021).  The insight provided by Mrs. Hollingsworth highlights the importance of continued recognition of relevant and timely issues, changing and evolving legal issues, best practices and effective classroom strategies, and a continuum of care that extends across the schools and communities.

Rosemary Hollingsworth, LPC
Mental Health Coordinator
Long Early Learning Center
rosemary.hollingswor@abileneisd.org
325 671-4594

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The following article by Martinez et al. (2020) illustrates how counselors utilize a trauma  informed care approach to best meet the needs of students in foster care through a multi-tiered system of support.  In this system, school staff receive training in creating trauma sensitive classrooms and gain awareness of how they can work cooperatively with counselors to improve academic performance and increase safety for students in foster care .

Reference
Martinez, R., Gavin Williams, R., & Green, J. (2019). The role of school counselors delivering a trauma-Informed care approach to supporting youth in foster care. Professional School Counseling. https://doi.org/10.1177/2156759X20947747

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Abstract

Through the development and implementation of a trauma-sensitive comprehensive school counseling program, school counselors can be essential in meeting the mental health needs of youth in foster care. The multitiered systems of support (MTSS) framework is one potential strategy in achieving this goal. We offer recommendations on how school counselors might deliver a trauma-informed care approach utilizing the MTSS framework to support the mental health needs of youth in foster care who have experienced trauma.

Access to mental health services has proven to be of dire need for youth in the U.S. foster care system. According to Larsen et al. (2018), one in two children in foster care have a mental illness with high comorbidity. These children are also significantly more likely to have at least one lifetime mental illness diagnosis ( Baker et al., 2017). Up to 80% of youth in foster care have clinically significant psychological problems ( Stoner et al., 2015) and higher rates overall of anxiety, depression, post-traumatic stress disorder (PTSD), and aggression ( Baker et al., 2017). Mental illness, coupled with various social obstacles facing these youth transitioning into young adulthood, puts them more at risk for negative life circumstances such as dropping out of school, unemployment, homelessness, drug abuse, and health issues ( Villagrana et al., 2018). Foster care, also known as out-of-home care, is described as a temporary living situation provided by a state's child welfare system for children who cannot live with their families ( Childwelfare.gov, n.d.). These youth may be placed with relatives, with people to whom they are not related, or in a placement setting such as a group home or residential care facility. For children and adolescents who are in child welfare custody, their primary caregiver typically makes decisions regarding the initial removal of the child and the particular placement setting that can provide the appropriate level of care ( Lardner, 2015). According to data provided by the Adoption and Foster Care Analysis and Reporting System (2019), approximately 437,283 youth were in foster care in 2018, with 262,956 of these youth entering care that year. Data show that every day, 681 children are removed from their homes and placed in foster care due to various safety concerns ( Shaw et al., 2015). Safety reasons may include child neglect, abuse, or abandonment; other reasons can include the death of a parent or parental incarceration ( Shaw et al., 2015).

Youth in foster care may experience trauma, which further impedes their mental stability. Traumatic events may include but are not limited to child abuse and neglect, the death of a loved one, exposure to domestic violence, or community violence ( Dorsey et al., 2012). The trauma exposure rate for youth in foster care is upward of 82%, with a lifetime prevalence of PTSD that is twice as high for transition-aged youth than the general population ( Salazar et al., 2013). Many of these children also experience disoriented and disorganized relationships with their biological parents, such as abuse and neglect or parental absence. However, Berrick and Hernandez (2016) reported that children who are separated from their biological parents regularly experience emotional trauma whether they experienced abuse by their parents or not. Furthermore, Mitchell (2018) stated that youth in foster care may also experience trauma upon being separated from siblings and friends. Batsche et al. (2014) found that emotional and behavioral issues stemming from trauma, abuse, and neglect in their home environment contribute to inadequate educational outcomes among youth in foster care. Moreover, exposure to trauma and chronic stress may have a major impact on their social/emotional, cognitive, and academic growth ( Odhayani et al., 2013).

School counselors are in the ideal role to not only provide academic, social/emotional, and career services to students ( American School Counselor Association [ASCA], 2019), but, with the appropriate training, also may be able to link and provide mental health services to students. According to Collins (2014), school counselors improve the mental health of students, which thereby improves their overall social/emotional development, career development, educational success, and overall functioning (e.g., Goodman-Scott et al., 2015; Masia Warner et al., 2016; Reinbergs & Fefer, 2018). ASCA (2016) specified that school counselors are essential in promoting a trauma-sensitive environment in schools and are uniquely positioned to identify those students who may have been affected by a traumatic event and provide the necessary support and resources. According to Cole et al. (2013), a trauma-sensitive school is one where all students feel safe, supported, and welcomed. Youth in foster care are one population of students who may benefit from a trauma-sensitive school model.

School personnel may provide a strong connection between foster youth and their formal education; however, school personnel sometimes have little awareness of students' foster care status, their familial background, and the barriers they face in their home environment ( Morton, 2016). As key members of the school support staff, school counselors must be knowledgeable about the multiple barriers facing youth in foster care, their varying needs, and specific programming that may facilitate their educational, mental health, and emotional needs. Specifically, using a trauma-informed approach to enhance social/emotional skill building behaviors via a comprehensive school counseling program may help to improve the overall health and well-being of this vulnerable population.

The multitiered systems of support (MTSS) framework offers school counselors opportunities to make responsive, evidence-based decisions to improve the learning and social/emotional functioning of all students ( Sink, 2016). Using the MTSS framework, school counselors can serve youth in foster care in the roles of advocate, supporter/intervener, and change agent ( Ockerman et al., 2012). In the supporting role, school counselors can provide services that are wrapped around a trauma-sensitive comprehensive school counseling program.

The multitiered systems of support (MTSS) framework offers school counselors opportunities to make responsive, evidence-based decisions to improve the learning and social/emotional functioning of all students (Sink, 2016). Using the MTSS framework, school counselors can serve youth in foster care in the roles of advocate, supporter/intervener, and change agent (Ockerman et al., 2012). In the supporting role, school counselors may provide services that are wrapped around a trauma-sensitive comprehensive school counseling program.

School counselors might explore trauma's impacts on the overall development of youth in foster care. Doing so will help school counselors further understand the barriers that these children experience in order to provide adequate counseling services that speak to their mental health needs. Specifically, our goal is to recommend how school counselors might use the MTSS framework to deliver a trauma-informed care approach to support the mental health needs of youth in foster care who have experienced trauma. One strategy is for school counselors to receive appropriate trauma-informed training that will help them develop a trauma-sensitive comprehensive school counseling program.

School counselors might explore the implications trauma can have on the overall development of youth in foster care. Doing so will help school counselors further understand the barriers that these children experience in order to provide adequate counseling services that speak to their mental health needs.

Specifically, our goal is to recommend how school counselors might use the MTSS framework to deliver a trauma-informed care approach to support the mental health needs of youth in foster care who have experienced trauma.

Trauma-Sensitive Comprehensive School Counseling Programs

The development of healthy brains and healthy children requires consistent interaction with a nurturing adult ( Brooks, 2014). This adult may be a caregiver, but for many youth in foster care, it may be a school counselor or other school professional. Learning about the impact of trauma is essential for school counselors to identify appropriate responses to students' challenges with learning, behavior, or relationships and to improve overall access to learning. The main goal of implementing a trauma-sensitive school counseling program is to maximize the time in which a child has access to learning through safety and engagement. Ensuring that school personnel can obtain appropriate trauma-informed training is crucial for enhancing the learning environment. Trauma-informed training can maximize safety, school attachment, and, ultimately, access to educational content for youth in foster care ( Cole et al., 2013). In trauma-sensitive comprehensive school counseling programs, a trauma-informed school counseling workforce understands how trauma affects the brain and access to learning ( Cole et al., 2013). Given that the relationship between mental health and academic achievement is bidirectional and highly correlated, a trauma-informed school counseling program nurtures this relationship while maintaining its primary focus on educational outcomes.

A trauma-sensitive school counseling program is rooted in MTSS, a multitiered approach for the early identification and support of students with learning and social/emotional needs ( Sulkowski & Michael, 2014). In an MTSS framework, all students receive Tier 1 services, a smaller group with more specific needs receives Tier 2 services, and only students with specific need for strategic intervention receive Tier 3 services ( ASCA, 2018). These tiers of support occur across the various levels of prevention efforts (primary, secondary, and tertiary; Center on Response to Intervention, n.d.). Trauma-sensitive school counseling programs infuse all three of the tiers with trauma-informed concepts and practices. Such a program also recognizes and addresses the broader contexts in which these tiers operate (i.e., school environment/culture, community, and partnerships; Shepard et al., 2013).

The MTSS framework attempts to break down the complexity of a school system and its environment into discrete components, with no single core domain (i.e., academic, social/emotional, and career) viewed in isolation (e.g., ASCA, 2018; Sink, 2016). Only in totality can the framework help create, support, and sustain a trauma-informed school ( Sulkowski & Michael, 2014). Within each of the tiers are strategies that are critical to creating a trauma-informed comprehensive school counseling program. These include school counselor practices that influence the day-to-day interactions among school staff, students and families, organizational policies and procedures, and community capacity-building strategies. All of these-within the school and in family and community contexts-are essential to support the overall culture, practice, and structures for a trauma-informed school ( Shepard et al., 2013). School counselors within this trauma-informed MTSS framework realize the widespread impact of trauma and understand pathways to support and recognize trauma signs and symptoms. They respond by integrating knowledge about trauma into all facets of the system. School counselors can also resist retraumatization of impacted students by decreasing the occurrence of unnecessary triggers (i.e., trauma and loss reminders) by implementing trauma-informed policies, procedures, and practices ( Substance Abuse and Mental Health Services Administration, 2014). A school counseling program rooted in MTSS provides trauma awareness, knowledge, and skills as part of the fabric of the school culture. It also includes practices and policies and acts in collaboration with those who are involved with the student, including families, community agencies, court agencies, and law enforcement. Furthermore, a school counseling program built on the MTSS framework uses the best available science to facilitate and support the academic, social/emotional, and career opportunities for students and the school. Although education and mental health perspectives on serving students' social/emotional needs may differ, the framework we present (see Figure 1) is intended to integrate these perspectives while highlighting the core areas necessary to implement and sustain trauma-informed practices in a comprehensive school counseling program to support youth in foster care.

Although school counselors may be aware of the adversity faced by their students, they may not feel adequately equipped to respond to students' mental health needs ( Bronstein et al., 2012). Having the proper trauma-informed training-such as addressing compassion fatigue, creating partnerships with outside stakeholders, and changing the school culture surrounding the idea of trauma-informed approaches without discipline components-will allow school counselors to create a trauma-sensitive school counseling program ( O'Grady, 2017). Thus, school counselors can be instrumental in delivering evidence-based interventions that address mental health including coping with trauma ( Reinbergs & Fefer, 2018).

Developing and Delivering a Trauma-Sensitive School Counseling Program for Youth in Foster Care Using MTSS

Due to trauma exposure that youth in foster care may experience, implementing trauma-sensitive prevention practices through an MTSS framework may be helpful for school personnel. According to Cole et al. (2013), in addition to professional development and training on trauma, learning, and the brain, trauma-sensitive comprehensive school counseling programs could focus attention and resources on:

1. a multidisciplinary team approach to assess individual student cases;

2. expanded counseling and mental health services;

3. referrals to outside support services;

4. parent and family workshops on the effects of adverse childhood experiences (ACEs);

5. conflict resolution training for both teachers and students;

6. consultation with local hospitals, mental health facilities, women's shelters, and other community-based organizations;

7. school/district administrative support for establishing a trauma-sensitive environment;

8. academic instruction techniques for teaching traumatized students; and

9. development or revision of school policies to be more trauma sensitive.

Given the research related to trauma experienced by youth in foster care and trauma-sensitive school counseling programs, we identify the core areas of such a program as (a) trauma education and awareness, (b) identifying and assessing traumatic stress, and (c) addressing and treating traumatic stress. Figure 1 presents the relevant MTSS-tiered approaches that school counselors may use to support youth in foster care who have experienced trauma.

A trauma-informed comprehensive school counseling program is one in which school counselors recognize and respond to the potentially negative social/emotional, relational, and academic impact of traumatic stress on those within the school system ( Chafouleas et al., 2016). More specifically, it is one in which administrators, staff, students, families, and community members recognize and respond to the potentially negative behavioral, relational, and academic impact of traumatic stress on those within the school system ( National Child Traumatic Stress Network Schools Committee, 2017).

Developing a trauma-sensitive school counseling program that provides professional development for teachers, administrators, allied professionals, and partners within surrounding communities will create a shared understanding of trauma's impact on the educational outcomes for youth in foster care and what is needed to build their coping and protective skills. This might be accomplished by using a whole-school, inquiry-based approach to creating trauma-sensitive schools ( Chafouleas et al., 2016). School counselors may facilitate collaboration within the school and district to create local policies that (a) support trauma-informed practices, (b) ensure adequate staffing to perform trauma screenings, (c) provide trauma-related services, and (d) create an effective infrastructure for providing support for youth in foster care who have experienced trauma. This will allow schools to achieve the administrative functions necessary for effective implementation of trauma-informed policies, practices, and procedures that support foster care youth within their schools.

A trauma-informed school counselor must recognize and value the identification of youth in foster care who are vulnerable to traumatic events. This requires implementing a tiered approach to identifying students' trauma-related mental health concerns when indicated. Such factors include but are not limited to significant changes in key developmental domains (i.e., physical/health, cognitive, behavioral, and social/emotional) and disruption in the student's academic performance, attendance, behavior, or pattern of school engagement. A tiered approach includes a diversity of strategies beginning with the school counselor, parent/guardian, family, social worker, courts, and probation personnel and sustaining engagement throughout the process.

Trauma Screening Measures.

Adequate supports should be available for all school stakeholders-students, families, teachers, administrators, and other school personnel-who have directly or indirectly experienced traumatic events or are at risk for exposure. Referral and access to evidence-based prevention and intervention resources should be available and adapted to the needs of service recipients. Provision of services may be systematically linked to protocols for identifying individuals exposed to trauma and loss. Conducting routine reviews of service referral and provision can ensure its effectiveness.

Conclusion

Few events outside of the classroom have had as profound an impact as adverse and traumatic life experiences on the multiple domains of development among youth in foster care. Understanding children's responses to these challenges and having trauma-informed responses are essential for school counselors aiming to support youth in foster care who have experienced trauma ( Chafouleas et al., 2016). Becoming trauma informed and developing and delivering a trauma-sensitive school counseling program using an MTSS framework is an effective approach. Specifically, school counselors can build an MTSS framework that focuses on the areas of trauma education and awareness. They can also identify, assess, address, and treat traumatic stress to support the mental health needs of youth in foster care youth who have experienced trauma. To support school counselors in becoming more trauma informed, school districts can provide district-wide professional development sessions for school support personnel that focus on topics such as identifying trauma and referral practices in schools; implementing academic and behavioral practices such as social/emotional learning and positive behavioral supports; promoting safe, stable, and nurturing relationships; identifying community resources related to trauma; and learning policies, procedures, and behaviors in supporting youth in foster care who have experienced trauma.

Although this proposal focuses on supporting youth in foster care, school counselors may use the ideas presented to serve a diverse population of students who may have experienced trauma and toxic stress. Therefore, we suggest that researchers explore school counselors delivering a trauma-sensitive school counseling program to support K-12 students from various populations. Furthermore, although our proposal focuses on three primary areas related to trauma-sensitive school counseling programs and youth in foster care, additional areas for further research may include creating a trauma-informed learning environment, cultural responsiveness, emergency management/crisis response, staff self-care and secondary traumatic stress, and school discipline policies and practices.

Examining collaborations between school counselors and clinical mental health counselors (particularly those who specialize in trauma counseling and are certified in delivering trauma-focused cognitive behavioral therapy or dialectical behavioral therapy/skills training) might help to provide further support for students in foster care who have experienced trauma. Providing such interventions and contributing to evidence-based research can only improve the social/emotional and educational outcomes of these students. School counselors can lead the way in this effort by becoming trauma informed and by implementing a trauma-sensitive school counseling program that benefits these youth.

ORCID iD
Robert R. Martinez Jr. https://orcid.org/0000-0001-7346-7400

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Author Biographies

Robert R. Martinez, Jr., is an assistant professor in the School of Education's School Counseling Program at The University of North Carolina at Chapel Hill, NC.

Regina Gavin Williams, PhD, is a clinical assistant professor in the Department of Allied Professions at North Carolina Central University in Durham, NC.

Jennifer Green is a school psychology PhD student in the School of Education's School Psychology Program at The University of North Carolina at Chapel Hill, NC.

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The Role of School Counselors Delivering a Trauma-Informed Care Approach to Supporting Youth in Foster Care - Robert R. Martinez, Regina Gavin Williams, Jennifer Green, 2019

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Abstract Through the development and implementation of a trauma-sensitive comprehensive school counseling program, school counselors can be essential in meeting the mental health needs of youth in foster care. The multitiered systems of support (MTSS) framework is one potential strategy in achieving this goal.

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In the article linked below K-12 Dive Senior Writer Linda Jacobsen (2018) identifies how specific and targeted support for students in foster care under the Every Student Succeeds Act is making an impact.

Reference
Jacobsen, L. (2018). States taking steps to improve services for students in foster care.  Retrieved July 17, 2021 from https://www.k12dive.com/news/states-taking-steps-to-improve-services-for-students-in-foster-care/515064/

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As a principal in the Pajaro Valley Unified School District (PVUSD), east of Santa Cruz, CA, Richard Puente knew he was responsible for ensuring that students in foster care were receiving the educational services they needed in order to learn - in spite of the disruption they experience outside of school.

But he didn't have a systematic way to identify who those students were, and if he did, there were no resources to provide them with additional support.

Now, as the district's liaison for FosterEd, a project of the National Center for Youth Law that works with educational systems to improve services and for students in the child welfare system, he oversees an array of programs that are addressing their academic and social-emotional needs. These include one-on-one tutoring services, social-emotional counselors at every school and an individualized plan for each student in foster care that is similar to how schools plan and monitor services for students with special needs. Students in foster care also receive priority for after-school and summer learning programs.

"You have to have dedication to invest in targeted interventions," says Puente, also a former foster parent. "You have to invest resources to make a difference."

The resources now available to PVUSD and other districts across California are the result of the state's Local Control Funding Formula, which began four years ago and provided additional funds so that districts could better serve children in foster care in their schools.

"The liaisons are helping to build collaboration that cuts across different systems," says Michelle Francois Traiman, the senior director of FosterEd, which is also working in Arizona, New Mexico and Indiana to improve the way educators and child welfare employees cooperate on behalf of the students. FosterEd hires liaisons to work in demonstration sites, but the goal is for those people to eventually become district staff members and to create a sustainable program.

Meanwhile, for the first time, all states are required to report achievement data and graduation rates for students in foster care under the Every Student Succeeds Act (ESSA) and to identify points of contact at the state and district levels. The law also requires districts to allow foster youth to remain in their same school, even if they move to a living arrangement outside of that attendance zone, and to provide transportation to those schools.

In state plans, the "educational stability of children in foster care" had never before been a priority, says Jacqueline Wong, who heads up the California Department of Education's Foster Youth Services program and was influential in making sure ESSA included protections for foster youth. "For the federal government to say, 'You must collaborate,' that hasn't been said before."

But even with ESSA's provisions regarding foster youth, there is still a need for programs that ensure coordination at the local level, says Rachel Velcoff Hults, FosterEd's deputy director.

"These requirements are a floor, not a ceiling, and there is still so much more that we must collectively do make sure that students have access to individual support and guidance as they work towards their goals and navigate the process of planning for their futures," Hults says. "We want to continue to work with public agencies on not only meeting existing legal requirements, but also developing and implementing new programs and strategies to close the achievement gap."

'A culture shift'

In addition to experiencing frequent school changes, data show that nationally, the roughly 270,000 school-aged children in foster care are more likely to struggle academically and less likely to graduate from high school. And in California, new statewide chronic absenteeism data show that a quarter of students in foster care miss more than 10% of the days they are enrolled in school - more than any other subgroup, including homeless students and those from low-income families. Because of changes in their living arrangements, however, it's not unusual for these students to go days or weeks without even being enrolled in school. The state's new data dashboard will also provide disaggregated suspension and expulsion data that includes rates for students in foster care.

"There's been a real culture shift of putting these kids on the map," says Kim Corneille, a former classroom teacher and now the senior community organizer and FosterEd project lead for the Santa Cruz County Office of Education.

Prior to 2015, the county offices delivered services to students in the foster care system, but a new law enacted that year increased funding for the program, shifted the responsibility to the districts and gave the county agencies more of a coordinating role - what Traiman calls "the glue between child welfare and the schools."

The heart of the FosterEd model is to improve communication between the various adults involved in a foster child's life, which can include biological parents. "You need someone to speak both languages of child welfare and education," Wong says.

The liaisons oversee the development of a plan that supports the student's academic success and social-emotional needs. The educational plan - whether it includes therapy, tutoring, internships or after-school enrichment - is revisited throughout the school year to make sure it is meeting the student's needs.

"There are so many people that work with foster youth," Corneille says. "Previously, people would be working in silos."

Ultimately, the goal is for the student to identify the adults who are their "champions," Traiman says. "We want to see young people trust adults and reach out to adults." And if a school change becomes necessary, the coordination ensures that "there is a good handoff" to the next school.

Preventing students from disengaging

California's new funding formula, the revised county-level coordination and the ESSA provisions have all created what Wong describes as a "perfect positive storm" for children in foster care - a convergence that is also beginning to take place in the other states where FosterEd works.

In New Mexico, Lea County was chosen as the first demonstration site, and in Arizona, the program is moving well beyond a few locations. In 2016, Arizona Gov. Doug Ducey signed legislation that appropriated $1.5 million to expand the services statewide - a figure that would increase to $2 million if they worked in partnership with Arizona-based foundations to raise another $500,000. The new law also gives students in foster care preference when enrolling in a school of their choice.

The initial pilot in Pima County - Tucson - has helped to inform further expansion of the program to Maricopa County and a third county that will be added this year. An initial evaluation showed gains in both grade point average and attendance, but RTI International will conduct a more extensive study on the impact of the program over the next couple of years.

"One of the key things we learned is that students' needs come in different sizes," says Molly Dunn, the director of FosterEd Arizona. "Some need that intense level of regular contact and interaction in order to meet their goals."

And others need some short-term support, particularly during transition periods between homes and schools, so they don't "disengage," she says. The challenge is that it's difficult for one liaison to provide both levels of service, so they designed two positions - intensive liaisons who are located in high schools and responsive liaisons who are housed in Department of Child Safety offices and also help to educate school staff members about identifying and addressing the needs of students in care.

"We definitely have people saying, 'Who are you?' They learn about us and we suddenly get students referred," Dunn says. "It really is a steep learning curve, but one that the folks at school are really embracing."

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States taking steps to improve services for students in foster care

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As a principal in the Pajaro Valley Unified School District (PVUSD), east of Santa Cruz, CA, Richard Puente knew he was responsible for ensuring that students in foster care were receiving the educational services they needed in order to learn - in spite of the disruption they experience outside of school.

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As mentioned by LPC and Mental Health Coordinator Rosemary Hollingsworth, the COVID - 19 pandemic has had damaging effects for all students and potentially even more damaging for students in foster care.  The following article demonstrates why in this moment prioritizing school stability for these vulnerable students is so vital.  The article further identifies key issues, gives effective strategies, and specifies key roles in meeting the critical growing needs of students in foster care during this time.

Reference
American Bar Association, (2021). Supporting school stability for children in foster care during covid-19 and beyond.  Retrieved July 17, 2021 from https://www.americanbar.org/content/dam/aba/administrative/child_law/education-stability.pdf

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Texas Education Code, 2 Tex. Educ. Code § 29.153

This code is especially relevant early childhood as it stipulates cost free pre-kindergarten to all children in foster care services (Texas Education Code, 2 Tex. Educ. Code § 29.153)

Reference
Texas Education Code, 2 Tex. Educ. Code § 29.153 (2019).

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES



CHAPTER 29. EDUCATIONAL PROGRAMS



SUBCHAPTER A. SPECIAL EDUCATION PROGRAM



Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21. The statewide design shall include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers. The agency shall also develop and implement a statewide plan with programmatic content that includes procedures designed to:


(1) ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to students with disabilities;


(2) facilitate interagency coordination when other state agencies are involved in the delivery of instructional or related services to students with disabilities;


(3) periodically assess statewide personnel needs in all areas of specialization related to special education and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher education and through other available alternatives;


(4) ensure that regional education service centers throughout the state maintain a regional support function, which may include direct service delivery and a component designed to facilitate the placement of students with disabilities who cannot be appropriately served in their resident districts;


(5) allow the agency to effectively monitor and periodically conduct site visits of all school districts to ensure that rules adopted under this section are applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that annual statistical reports filed by the districts and not otherwise available through the Public Education Information Management System under Sections 48.008 and 48.009 are accurate and complete;


(6) ensure that appropriately trained personnel are involved in the diagnostic and evaluative procedures operating in all districts and that those personnel routinely serve on district admissions, review, and dismissal committees;


(7) ensure that an individualized education program for each student with a disability is properly developed, implemented, and maintained in the least restrictive environment that is appropriate to meet the student's educational needs;


(8) ensure that, when appropriate, each student with a disability is provided an opportunity to participate in career and technology and physical education classes, in addition to participating in regular or special classes;


(9) ensure that each student with a disability is provided necessary related services;


(10) ensure that an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. Section 1415(b), is required to:


(A) complete a training program that complies with minimum standards established by agency rule;


(B) visit the child and the child's school;


(C) consult with persons involved in the child's education, including teachers, caseworkers, court-appointed volunteers, guardians ad litem, attorneys ad litem, foster parents, and caretakers;


(D) review the child's educational records;


(E) attend meetings of the child's admission, review, and dismissal committee;


(F) exercise independent judgment in pursuing the child's interests; and


(G) exercise the child's due process rights under applicable state and federal law; and


(11) ensure that each district develops a process to be used by a teacher who instructs a student with a disability in a regular classroom setting:


(A) to request a review of the student's individualized education program;


(B) to provide input in the development of the student's individualized education program;


(C) that provides for a timely district response to the teacher's request; and


(D) that provides for notification to the student's parent or legal guardian of that response.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 430, Sec. 1, eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1283 (H.B. 1335), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 1, eff. June 19, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.023, eff. September 1, 2019.


Sec. 29.0011. PROHIBITED PERFORMANCE INDICATOR. (a) Notwithstanding Section 29.001(5), Section 29.010, or any other provision of this code, the commissioner or agency may not adopt or implement a performance indicator in any agency monitoring system, including the performance-based monitoring analysis system, that solely measures a school district's or open-enrollment charter school's aggregated number or percentage of enrolled students who receive special education services.


(b) Subsection (a) does not prohibit or limit the commissioner or agency from meeting requirements under:


(1) 20 U.S.C. Section 1418(d) and its implementing regulations to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and in the school districts and open-enrollment charter schools in the state with respect to the:


(A) identification of children as children with disabilities, including the identification of children as children with particular impairments;


(B) placement of children with disabilities in particular educational settings; and


(C) incidence, duration, and type of disciplinary actions taken against children with disabilities, including suspensions and expulsions; or


(2) 20 U.S.C. Section 1416(a)(3)(C) and its implementing regulations to address in the statewide plan the percentage of school districts and open-enrollment charter schools with disproportionate representation of racial and ethnic groups in special education and related services and in specific disability categories that results from inappropriate identification.


Added by Acts 2017, 85th Leg., R.S., Ch. 59 (S.B. 160), Sec. 1, eff. May 22, 2017.


Sec. 29.002. DEFINITION. In this subchapter, "special services" means:


(1) special education instruction, which may be provided by professional and supported by paraprofessional personnel in the regular classroom or in an instructional arrangement described by Section 48.102; and


(2) related services, which are developmental, corrective, supportive, or evaluative services, not instructional in nature, that may be required for the student to benefit from special education instruction and for implementation of a student's individualized education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 1, eff. June 13, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.024, eff. September 1, 2019.


Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall develop specific eligibility criteria based on the general classifications established by this section with reference to contemporary diagnostic or evaluative terminologies and techniques. Eligible students with disabilities shall enjoy the right to a free appropriate public education, which may include instruction in the regular classroom, instruction through special teaching, or instruction through contracts approved under this subchapter. Instruction shall be supplemented by the provision of related services when appropriate.


(b) A student is eligible to participate in a school district's special education program if the student:


(1) is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or


(2) is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services:


(A) physical disability;


(B) intellectual or developmental disability;


(C) emotional disturbance;


(D) learning disability;


(E) autism;


(F) speech disability; or


(G) traumatic brain injury.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019.


Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A written report of a full individual and initial evaluation of a student for purposes of special education services shall be completed as follows, except as otherwise provided by this section:


(1) not later than the 45th school day following the date on which the school district, in accordance with 20 U.S.C. Section 1414(a), as amended, receives written consent for the evaluation, signed by the student's parent or legal guardian, except that if a student has been absent from school during that period on three or more days, that period must be extended by a number of school days equal to the number of school days during that period on which the student has been absent; or


(2) for students under five years of age by September 1 of the school year and not enrolled in public school and for students enrolled in a private or home school setting, not later than the 45th school day following the date on which the school district receives written consent for the evaluation, signed by a student's parent or legal guardian.


(a-1) If a school district receives written consent signed by a student's parent or legal guardian for a full individual and initial evaluation of a student at least 35 but less than 45 school days before the last instructional day of the school year, the evaluation must be completed and the written report of the evaluation must be provided to the parent or legal guardian not later than June 30 of that year. The student's admission, review, and dismissal committee shall meet not later than the 15th school day of the following school year to consider the evaluation. If a district receives written consent signed by a student's parent or legal guardian less than 35 school days before the last instructional day of the school year or if the district receives the written consent at least 35 but less than 45 school days before the last instructional day of the school year but the student is absent from school during that period on three or more days, Subsection (a)(1) applies to the date the written report of the full individual and initial evaluation is required.


(a-2) For purposes of this section, "school day" does not include a day that falls after the last instructional day of the spring school term and before the first instructional day of the subsequent fall school term. The commissioner by rule may determine days during which year-round schools are recessed that, consistent with this subsection, are not considered to be school days for purposes of this section.


(a-3) Subsection (a) does not impair any rights of an infant or toddler with a disability who is receiving early intervention services in accordance with 20 U.S.C. Section 1431.


(b) The evaluation shall be conducted using procedures that are appropriate for the student's most proficient method of communication.


(c) If a parent or legal guardian makes a written request to a school district's director of special education services or to a district administrative employee for a full individual and initial evaluation of a student, the district shall, not later than the 15th school day after the date the district receives the request:


(1) provide an opportunity for the parent or legal guardian to give written consent for the evaluation; or


(2) refuse to provide the evaluation and provide the parent or legal guardian with notice of procedural safeguards under 20 U.S.C. Section 1415(b).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 2, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 539, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 757 (S.B. 816), Sec. 1, eff. September 1, 2013.


Sec. 29.0041. INFORMATION AND CONSENT FOR CERTAIN PSYCHOLOGICAL EXAMINATIONS OR TESTS. (a) On request of a child's parent, before obtaining the parent's consent under 20 U.S.C. Section 1414 for the administration of any psychological examination or test to the child that is included as part of the evaluation of the child's need for special education, a school district shall provide to the child's parent:


(1) the name and type of the examination or test; and


(2) an explanation of how the examination or test will be used to develop an appropriate individualized education program for the child.


(b) If the district determines that an additional examination or test is required for the evaluation of a child's need for special education after obtaining consent from the child's parent under Subsection (a), the district shall provide the information described by Subsections (a)(1) and (2) to the child's parent regarding the additional examination or test and shall obtain additional consent for the examination or test.


(c) The time required for the district to provide information and seek consent under Subsection (b) may not be counted toward the 60 calendar days for completion of an evaluation under Section 29.004. If a parent does not give consent under Subsection (b) within 20 calendar days after the date the district provided to the parent the information required by that subsection, the parent's consent is considered denied.


Added by Acts 2003, 78th Leg., ch. 1008, Sec. 2, eff. June 20, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 785, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.005. INDIVIDUALIZED EDUCATION PROGRAM. (a) Before a child is enrolled in a special education program of a school district, the district shall establish a committee composed of the persons required under 20 U.S.C. Section 1414(d) to develop the child's individualized education program. If a committee is required to include a regular education teacher, the regular education teacher included must, to the extent practicable, be a teacher who is responsible for implementing a portion of the child's individualized education program.


(b) The committee shall develop the individualized education program by agreement of the committee members or, if those persons cannot agree, by an alternate method provided by the agency. Majority vote may not be used to determine the individualized education program.


(b-1) The written statement of the individualized education program must document the decisions of the committee with respect to issues discussed at each committee meeting. The written statement must include:


(1) the date of the meeting;


(2) the name, position, and signature of each member participating in the meeting; and


(3) an indication of whether the child's parents, the adult student, if applicable, and the administrator agreed or disagreed with the decisions of the committee.


(c) If the individualized education program is not developed by agreement, the written statement of the program required under 20 U.S.C. Section 1414(d) must include the basis of the disagreement. Each member of the committee who disagrees with the individualized education program developed by the committee is entitled to include a statement of disagreement in the written statement of the program.


(d) If the child's parent is unable to speak English, the district shall:


(1) provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or


(2) if the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's native language.


(e) The commissioner by rule may require a school district to include in the individualized education program of a student with autism or another pervasive developmental disorder any information or requirement determined necessary to ensure the student receives a free appropriate public education as required under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(f) The written statement of a student's individualized education program may be required to include only information included in the model form developed under Section 29.0051(a).


(g) The committee may determine that a behavior improvement plan or a behavioral intervention plan is appropriate for a student for whom the committee has developed an individualized education program. If the committee makes that determination, the behavior improvement plan or the behavioral intervention plan shall be included as part of the student's individualized education program and provided to each teacher with responsibility for educating the student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1372, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 3, eff. June 13, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 838 (S.B. 882), Sec. 12, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 1, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 458 (S.B. 914), Sec. 1, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2, eff. June 19, 2015.


Sec. 29.0051. MODEL FORM. (a) The agency shall develop a model form for use in developing an individualized education program under Section 29.005(b). The form must be clear, concise, well organized, and understandable to parents and educators and may include only:


(1) the information included in the model form developed under 20 U.S.C. Section 1417(e)(1);


(2) a state-imposed requirement relevant to an individualized education program not required under federal law; and


(3) the requirements identified under 20 U.S.C. Section 1407(a)(2).


(b) The agency shall post on the agency's Internet website the form developed under Subsection (a).


(c) A school district may use the form developed under Subsection (a) to comply with the requirements for an individualized education program under 20 U.S.C. Section 1414(d).


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 2, eff. June 17, 2011.


Sec. 29.006. CONTINUING ADVISORY COMMITTEE. (a) The governor shall appoint a continuing advisory committee, composed of 17 members, under 20 U.S.C. Section 1412(a)(21). At least one member appointed under this subsection must be a director of special education programs for a school district.


(b) The appointments are not subject to confirmation by the senate.


(c) Members of the committee are appointed for staggered terms of four years with the terms of eight or nine members expiring on February 1 of each odd-numbered year.


(d) Committee meetings must be conducted in compliance with Chapter 551, Government Code.


(e) The committee shall provide a procedure for members of the public to speak at committee meetings. The procedure may not require a member of the public to register to speak earlier than the day of the meeting.


(f) The agency must post on the agency's Internet website:


(1) contact information for the committee, including an e-mail address;


(2) notice of each open meeting of the committee;


(3) minutes of each open meeting of the committee; and


(4) guidance concerning how to submit public comments to the committee.


(g) The committee shall develop a policy to encourage public participation with the committee.


(h) Not later than January 1 of each odd-numbered year, the committee shall submit a report to the legislature with recommended changes to state law and agency rules relating to special education. The committee shall include the committee's current policy on encouraging public participation, as required by Subsection (g), in the report.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 4, eff. June 13, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 44 (H.B. 861), Sec. 1, eff. May 12, 2011.


Acts 2017, 85th Leg., R.S., Ch. 547 (S.B. 436), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.02, eff. June 4, 2019.


Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL PLACEMENT. (a) A school district, shared services arrangement unit, or regional education service center may contract with a public or private facility, institution, or agency inside or outside of this state for the provision of services to students with disabilities. Each contract for residential placement must be approved by the commissioner. The commissioner may approve a residential placement contract only after at least a programmatic evaluation of personnel qualifications, adequacy of physical plant and equipment, and curriculum content. The commissioner may approve either the whole or a part of a facility or program.


(b) Except as provided by Subsection (c), costs of an approved contract for residential placement may be paid from a combination of federal, state, and local funds. The local share of the total contract cost for each student is that portion of the local tax effort that exceeds the district's local fund assignment under Section 48.256, divided by the average daily attendance in the district. If the contract involves a private facility, the state share of the total contract cost is that amount remaining after subtracting the local share. If the contract involves a public facility, the state share is that amount remaining after subtracting the local share from the portion of the contract that involves the costs of instructional and related services. For purposes of this subsection, "local tax effort" means the total amount of money generated by taxes imposed for debt service and maintenance and operation less any amounts paid into a tax increment fund under Chapter 311, Tax Code.


(c) When a student, including one for whom the state is managing conservator, is placed primarily for care or treatment reasons in a private residential facility that operates its own private education program, none of the costs may be paid from public education funds. If a residential placement primarily for care or treatment reasons involves a private residential facility in which the education program is provided by the school district, the portion of the costs that includes appropriate education services, as determined by the school district's admission, review, and dismissal committee, shall be paid from state and federal education funds.


(d) A district that contracts for the provision of education services rather than providing the services itself shall oversee the implementation of the student's individualized education program and shall annually reevaluate the appropriateness of the arrangement. An approved facility, institution, or agency with whom the district contracts shall periodically report to the district on the services the student has received or will receive in accordance with the contract as well as diagnostic or other evaluative information that the district requires in order to fulfill its obligations under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 3, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.025, eff. September 1, 2019.


Sec. 29.009. PUBLIC NOTICE CONCERNING PRESCHOOL PROGRAMS FOR STUDENTS WITH DISABILITIES. Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.010. COMPLIANCE. (a) The agency shall adopt and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. The monitoring system must provide for ongoing analysis of district special education data and of complaints filed with the agency concerning special education services and for inspections of school districts at district facilities. The agency shall use the information obtained through analysis of district data and from the complaints management system to determine the appropriate schedule for and extent of the inspection.


(b) To complete the inspection, the agency must obtain information from parents and teachers of students in special education programs in the district.


(c) The agency shall develop and implement a system of sanctions for school districts whose most recent monitoring visit shows a failure to comply with major requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), federal regulations, state statutes, or agency requirements necessary to carry out federal law or regulations or state law relating to special education.


(d) For districts that remain in noncompliance for more than one year, the first stage of sanctions shall begin with annual or more frequent monitoring visits. Subsequent sanctions may range in severity up to the withholding of funds. If funds are withheld, the agency may use the funds to provide, through alternative arrangements, services to students and staff members in the district from which the funds are withheld.


(e) The agency's complaint management division shall develop a system for expedited investigation and resolution of complaints concerning a district's failure to provide special education or related services to a student eligible to participate in the district's special education program.


(f) This section does not create an obligation for or impose a requirement on a school district or open-enrollment charter school that is not also created or imposed under another state law or a federal law.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1417, Sec. 1, eff. June 19, 1999.


Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:


(1) appropriate student involvement in the student's transition to life outside the public school system;


(2) if the student is younger than 18 years of age, appropriate involvement in the student's transition by the student's parents and other persons invited to participate by:


(A) the student's parents; or


(B) the school district in which the student is enrolled;


(3) if the student is at least 18 years of age, involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:


(A) is invited to participate by the student or the school district in which the student is enrolled; or


(B) has the student's consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code;


(4) appropriate postsecondary education options, including preparation for postsecondary-level coursework;


(5) an appropriate functional vocational evaluation;


(6) appropriate employment goals and objectives;


(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;


(8) appropriate independent living goals and objectives;


(9) appropriate circumstances for facilitating a referral of a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)); and


(10) the use and availability of appropriate:


(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and


(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code.


(a-1) A student's admission, review, and dismissal committee shall annually review the issues described by Subsection (a) and, if necessary, update the portions of the student's individualized education program that address those issues.


(a-2) The commissioner shall develop and post on the agency's Internet website a list of services and public benefits for which referral may be appropriate under Subsection (a)(9).


(b) The commissioner shall require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services, including each issue described by Subsection (a), and interagency coordination to ensure that local school staff communicate and collaborate with:


(1) students enrolled in special education programs under this subchapter and the parents of those students; and


(2) as appropriate, local and regional staff of the:


(A) Health and Human Services Commission;


(B) Texas Workforce Commission;


(C) Department of State Health Services; and


(D) Department of Family and Protective Services.


(c) The commissioner shall review and, if necessary, update the minimum training guidelines developed under Subsection (b) at least once every four years. In reviewing and updating the guidelines, the commissioner shall solicit input from stakeholders.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 704, Sec. 1, 2, eff. June 20, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 2, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 1, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 2, eff. June 15, 2017.


Sec. 29.0111. BEGINNING OF TRANSITION PLANNING. Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 3, eff. June 17, 2011.


Sec. 29.0112. TRANSITION AND EMPLOYMENT GUIDE. (a) The agency, with assistance from the Health and Human Services Commission, shall develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide services and programs that assist in the transition to life outside the public school system. The agency may contract with a private entity to prepare the guide.


(b) The transition and employment guide must be written in plain language and contain information specific to this state regarding:


(1) transition services;


(2) employment and supported employment services;


(3) social security programs;


(4) community and long-term services and support, including the option to place the student on a waiting list with a governmental agency for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));


(5) postsecondary educational programs and services, including the inventory maintained by the Texas Higher Education Coordinating Board under Section 61.0663;


(6) information sharing with health and human services agencies and providers;


(7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code;


(8) self-advocacy, person-directed planning, and self-determination; and


(9) contact information for all relevant state agencies.


(c) The transition and employment guide must be produced in an electronic format and posted on the agency's website in a manner that permits the guide to be easily identified and accessed.


(d) The agency must update the transition and employment guide posted on the agency's website at least once every two years.


(e) A school district shall:


(1) post the transition and employment guide on the district's website if the district maintains a website;


(2) provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:


(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; and


(B) the first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and


(3) on request, provide a printed copy of the guide to a student or parent.


Added by Acts 2013, 83rd Leg., R.S., Ch. 257 (H.B. 617), Sec. 3, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 747 (H.B. 1807), Sec. 2, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 2, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 3, eff. June 15, 2017.


See note following this section.



Sec. 29.012. RESIDENTIAL FACILITIES. (a) Except as provided by Subsection (b)(2), not later than the third day after the date a person 22 years of age or younger is placed in a residential facility, the residential facility shall:


(1) if the person is three years of age or older, notify the school district in which the facility is located, unless the facility is an open-enrollment charter school; or


(2) if the person is younger than three years of age, notify a local early intervention program in the area in which the facility is located.


(b) An agency or political subdivision that funds, licenses, certifies, contracts with, or regulates a residential facility must:


(1) require the facility to comply with Subsection (a) as a condition of the funding, licensing, certification, or contracting; or


(2) if the agency or political subdivision places a person in a residential facility, provide the notice under Subsection (a) for that person.


(c) For purposes of enrollment in a school, a person who resides in a residential facility is considered a resident of the school district or geographical area served by the open-enrollment charter school in which the facility is located.


(c-1) The commissioner by rule shall require each school district and open-enrollment charter school to include in the district's or school's Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who:


(1) are required to be tracked by the Residential Facility Monitoring (RFM) System; and


(2) receive educational services from the district or school.


(d) The Texas Education Agency, the Health and Human Services Commission, the Department of Family and Protective Services, and the Texas Juvenile Justice Department by a cooperative effort shall develop and by rule adopt a memorandum of understanding. The memorandum must:


(1) establish the respective responsibilities of school districts and of residential facilities for the provision of a free, appropriate public education, as required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and its subsequent amendments, including each requirement for children with disabilities who reside in those facilities;


(2) coordinate regulatory and planning functions of the parties to the memorandum;


(3) establish criteria for determining when a public school will provide educational services;


(4) provide for appropriate educational space when education services will be provided at the residential facility;


(5) establish measures designed to ensure the safety of students and teachers; and


(6) provide for binding arbitration consistent with Chapter 2009, Government Code, and Section 154.027, Civil Practice and Remedies Code.


(e) This section does not apply to a residential treatment facility for juveniles established under Section 221.056, Human Resources Code.


(f) Except as provided by Subsection (g), a residential facility shall provide to a school district or open-enrollment charter school that provides educational services to a student placed in the facility any information retained by the facility relating to:


(1) the student's school records, including records regarding:


(A) special education eligibility or services;


(B) behavioral intervention plans;


(C) school-related disciplinary actions; and


(D) other documents related to the student's educational needs;


(2) any other behavioral history information regarding the student that is not confidential under another provision of law; and


(3) the student's record of convictions or the student's probation, community supervision, or parole status, as provided to the facility by a law enforcement agency, local juvenile probation department or juvenile parole office, community supervision and corrections department, or parole office, if the information is needed to provide educational services to the student.


(g) Subsection (f) does not apply to a:


(1) juvenile pre-adjudication secure detention facility; or


(2) juvenile post-adjudication secure correctional facility.


Text of Subsection (c-1) effective on June 12, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 767, Sec. 5, eff. June 13, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.002, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.003, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 22, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 764 (S.B. 2080), Sec. 1, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1026 (H.B. 1569), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 3, eff. September 1, 2019.


Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The agency shall establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.


(b) The funds may be used only for eligible students with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services.


(c) The support services may include in-home family support, respite care, and case management for families with a student who otherwise would have been placed by a district in a private residential facility.


(d) The provision of services under this section does not supersede or limit the responsibility of other agencies to provide or pay for costs of noneducational community-based support services to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment. Specifically, services provided under this section may not be used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.014. SCHOOL DISTRICTS THAT PROVIDE EDUCATION SOLELY TO STUDENTS CONFINED TO OR EDUCATED IN HOSPITALS. (a) This section applies only to a school district that provides education and related services only to students who are confined in or receive educational services in a hospital.


(b) A school district to which this section applies may operate an extended year program for a period not to exceed 45 days. The district's average daily attendance shall be computed for the regular school year plus the extended year.


(c) Notwithstanding any other provision of this code, a student whose appropriate education program is a regular education program may receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student:


(1) is temporarily classified as eligible for participation in a special education program because of the student's confinement in a hospital; and


(2) the student's education is provided by a district to which this section applies.


(d) The basic allotment for a student enrolled in a district to which this section applies is adjusted by the weight for a homebound student under Section 48.102(a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.026, eff. September 1, 2019.


Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR CHILDREN IN FOSTER CARE. (a) A foster parent may act as a parent of a child with a disability, as authorized under 20 U.S.C. Section 1415(b) and its subsequent amendments, if:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child;


(2) the rights and duties of the department to make decisions regarding education provided to the child under Section 153.371, Family Code, have not been limited by court order; and


(3) the foster parent agrees to:


(A) participate in making special education decisions on the child's behalf; and


(B) complete a training program that complies with minimum standards established by agency rule.


(b) A foster parent who will act as a parent of a child with a disability as provided by Subsection (a) must complete a training program before the next scheduled admission, review, and dismissal committee meeting for the child but not later than the 90th day after the date the foster parent begins acting as the parent for the purpose of making special education decisions.


(b-1) A school district may not require a foster parent to retake a training program to continue serving as a child's parent or to serve as the surrogate parent for another child if the foster parent has completed a training program to act as a parent of a child with a disability provided by:


(1) the Department of Family and Protective Services;


(2) a school district;


(3) an education service center; or


(4) any other entity that receives federal funds to provide special education training to parents.


(c) A foster parent who is denied the right to act as a parent under this section by a school district may file a complaint with the agency in accordance with federal law and regulations.


(d) Not later than the fifth day after the date a child with a disability is enrolled in a school, the Department of Family and Protective Services must inform the appropriate school district if the child's foster parent is unwilling or unable to serve as a parent for the purposes of this subchapter.


Added by Acts 1999, 76th Leg., ch. 430, Sec. 2, eff. Sept. 1, 1999.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 1, eff. September 1, 2017.


Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN CHILDREN. (a) This section applies to a child with a disability for whom:


(1) the Department of Family and Protective Services is appointed as the temporary or permanent managing conservator of the child; and


(2) the rights and duties of the department to make decisions regarding the child's education under Section 153.371, Family Code, have not been limited by court order.


(b) Except as provided by Section 263.0025, Family Code, a school district must appoint an individual to serve as the surrogate parent for a child if:


(1) the district is unable to identify or locate a parent for a child with a disability; or


(2) the foster parent of a child is unwilling or unable to serve as a parent for the purposes of this subchapter.


(c) A surrogate parent appointed by a school district may not:


(1) be an employee of the agency, the school district, or any other agency involved in the education or care of the child; or


(2) have any interest that conflicts with the interests of the child.


(d) A surrogate parent appointed by a district must:


(1) be willing to serve in that capacity;


(2) exercise independent judgment in pursuing the child's interests;


(3) ensure that the child's due process rights under applicable state and federal laws are not violated;


(4) complete a training program that complies with minimum standards established by agency rule within the time specified in Section 29.015(b);


(5) visit the child and the school where the child is enrolled;


(6) review the child's educational records;


(7) consult with any person involved in the child's education, including the child's:


(A) teachers;


(B) caseworkers;


(C) court-appointed volunteers;


(D) guardian ad litem;


(E) attorney ad litem;


(F) foster parent; and


(G) caregiver; and


(8) attend meetings of the child's admission, review, and dismissal committee.


(e) The district may appoint a person who has been appointed to serve as a child's guardian ad litem or as a court-certified volunteer advocate, as provided under Section 107.031(c), Family Code, as the child's surrogate parent.


(e-1) As soon as practicable after appointing a surrogate parent under this section, a school district shall provide written notice of the appointment to the child's educational decision-maker and caseworker as required under Section 25.007(b)(10)(H).


(f) If a court appoints a surrogate parent for a child with a disability under Section 263.0025, Family Code, and the school district determines that the surrogate parent is not properly performing the duties listed under Subsection (d), the district shall consult with the Department of Family and Protective Services regarding whether another person should be appointed to serve as the surrogate parent for the child.


(g) On receiving notice from a school district under Subsection (f), if the Department of Family and Protective Services agrees with the district that the appointed surrogate parent is unable or unwilling to properly perform the duties required under this section:


(1) the department shall promptly notify the court of the agreement; and


(2) as soon as practicable after receiving notice under Subdivision (1), the court shall:


(A) review the appointment; and


(B) enter any orders necessary to ensure the child has a surrogate parent who performs the duties required under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1025 (H.B. 1556), Sec. 2, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 2, eff. June 10, 2019.


Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL EDUCATION DUE PROCESS HEARING. A special education hearing officer in an impartial due process hearing brought under 20 U.S.C. Section 1415 may issue an order or decision that authorizes one or more evaluations of a student who is eligible for, or who is suspected as being eligible for, special education services. Such an order or decision authorizes the evaluation of the student without parental consent as if it were a court order for purposes of any state or federal law providing for consent by order of a court.


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Sec. 29.0161. CONTRACT WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS FOR SPECIAL EDUCATION DUE PROCESS HEARINGS. Not later than December 1, 2003, the agency and the State Office of Administrative Hearings shall jointly determine whether it would be cost-effective for the agency to enter an interagency contract with the office under which the office would conduct all or part of the agency's special education due process hearings under 20 U.S.C. Section 1415 and its subsequent amendments.


Added by Acts 2003, 78th Leg., ch. 201, Sec. 18, eff. Sept. 1, 2003.


Sec. 29.0162. REPRESENTATION IN SPECIAL EDUCATION DUE PROCESS HEARING. (a) A person in an impartial due process hearing brought under 20 U.S.C. Section 1415 may be represented by:


(1) an attorney who is licensed in this state; or


(2) an individual who is not an attorney licensed in this state but who has special knowledge or training with respect to problems of children with disabilities and who satisfies qualifications under Subsection (b).


(b) The commissioner by rule shall adopt additional qualifications and requirements for a representative for purposes of Subsection (a)(2). The rules must:


(1) prohibit an individual from being a representative under Subsection (a)(2) opposing a school district if:


(A) the individual has prior employment experience with the district; and


(B) the district raises an objection to the individual serving as a representative;


(2) include requirements that the representative have knowledge of:


(A) special education due process rules, hearings, and procedure; and


(B) federal and state special education laws;


(3) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative agree to abide by a voluntary code of ethics and professional conduct during the period of representation; and


(4) require, if the representative receives monetary compensation from a person for representation in an impartial due process hearing, that the representative enter into a written agreement for representation with the person who is the subject of the special education due process hearing that includes a process for resolving any disputes between the representative and the person.


(c) A special education due process hearing officer shall determine whether an individual satisfies qualifications under Subsections (a)(2) and (b).


(d) The agency is not required to license or in any way other than as provided by Subsection (b) regulate representatives described by Subsection (a)(2) in a special education impartial due process hearing.


(e) The written agreement for representation required under Subsection (b)(4) is considered confidential and may not be disclosed.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1333 (S.B. 709), Sec. 1, eff. June 14, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 767 (S.B. 2141), Sec. 1, eff. June 12, 2017.


Sec. 29.0163. PROTECTION OF THE RIGHTS OF MILITARY FAMILIES WITH CHILDREN WITH DISABILITIES. (a) In this section, "servicemember" means a member of:


(1) the armed forces;


(2) the Commissioned Corps of the National Oceanic and Atmospheric Administration; or


(3) the Commissioned Corps of the United States Public Health Service.


(b) The agency must include in the notice of procedural safeguards that the statute of limitations for the parent of a student to request an impartial due process hearing under 20 U.S.C. Section 1415(b) may be tolled if the parent is an active-duty servicemember and 50 U.S.C. Section 3936 applies to the parent.


(c) The commissioner shall adopt rules to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1089 (H.B. 3632), Sec. 1, eff. June 15, 2017.


Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY. (a) A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by this subchapter or 20 U.S.C. Section 1415 to both the student and the parents. All other rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to the student.


(b) All rights accorded to parents under this subchapter or 20 U.S.C. Section 1415 transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution.


(c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall:


(1) provide to the student and the student's parents:


(A) written notice regarding the transfer of rights under this section; and


(B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and


(2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1).


(c-1) In accordance with 34 C.F.R. Section 300.520, the school district shall provide written notice to the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B).


(c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code.


(c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary.


(d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2).


(e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section.


(f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b).


Added by Acts 2001, 77th Leg., ch. 767, Sec. 8, eff. June 13, 2001.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 574 (S.B. 748), Sec. 3, eff. June 9, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 4, eff. June 15, 2017.


Sec. 29.018. SPECIAL EDUCATION GRANT. (a) From funds appropriated for the purposes of this section, federal funds, or any other funds available, the commissioner shall make grants available to school districts to assist districts in covering the cost of educating students with disabilities.


(b) A school district is eligible to apply for a grant under this section if:


(1) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for a student with disabilities to pay for the special education services provided to the student; or


(2) the district does not receive sufficient funds, including state funds provided under Section 48.102 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.


(c) A school district that applies for a grant under this section must provide the commissioner with a report comparing the state and federal funds received by the district for students with disabilities and the expenses incurred by the district in providing special education services to students with disabilities.


(d) Expenses that may be included by a school district in applying for a grant under this section include the cost of training personnel to provide special education services to a student with disabilities.


(e) A school district that receives a grant under this section must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs.


(f) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 16, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.027, eff. September 1, 2019.


Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall provide information to parents regarding individualized education program facilitation as an alternative dispute resolution method that may be used to avoid a potential dispute between a school district and a parent of a student with a disability. A district that chooses to use individualized education program facilitation shall provide information to parents regarding individualized education program facilitation. The information:


(1) must be included with other information provided to the parent of a student with a disability, although it may be provided as a separate document; and


(2) may be provided in a written or electronic format.


(b) Information provided by the agency under this section must indicate that individualized education program facilitation is an alternative dispute resolution method that some districts may choose to provide.


(c) If a school district chooses to offer individualized education program facilitation as an alternative dispute resolution method:


(1) the district may determine whether to use independent contractors, district employees, or other qualified individuals as facilitators;


(2) the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and


(3) the facilitation must be provided at no cost to a parent.


(d) The use of any alternative dispute resolution method, including individualized education program facilitation, must be voluntary on the part of the participants, and the use or availability of any such method may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.


(e) Nothing in this section prohibits a school district from using individualized education program facilitation as the district's preferred method of conducting initial and annual admission, review, and dismissal committee meetings.


(f) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION PROJECT. (a) The agency shall develop rules in accordance with this section applicable to the administration of a state individualized education program facilitation project. The program shall include the provision of an independent individualized education program facilitator to facilitate an admission, review, and dismissal committee meeting with parties who are in a dispute about decisions relating to the provision of a free appropriate public education to a student with a disability. Facilitation implemented under the project must comply with rules developed under this subsection.


(b) The rules must include:


(1) a definition of independent individualized education program facilitation;


(2) forms and procedures for requesting, conducting, and evaluating independent individualized education program facilitation;


(3) training, knowledge, experience, and performance requirements for independent facilitators; and


(4) conditions required to be met in order for the agency to provide individualized education program facilitation at no cost to the parties.


(c) If the commissioner determines that adequate funding is available, the commissioner may authorize the use of federal funds to implement the individualized education program facilitation project in accordance with this section.


(d) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 539 (S.B. 542), Sec. 1, eff. June 14, 2013.


Sec. 29.022. VIDEO SURVEILLANCE OF SPECIAL EDUCATION SETTINGS. (a) In order to promote student safety, on receipt of a written request authorized under Subsection (a-1), a school district or open-enrollment charter school shall provide equipment, including a video camera, to the school or schools in the district or the charter school campus or campuses specified in the request. A school or campus that receives equipment as provided by this subsection shall place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings in which a majority of the students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least 50 percent of the instructional day, provided that:


(1) a school or campus that receives equipment as a result of the request by a parent or staff member is required to place equipment only in classrooms or settings in which the parent's child is in regular attendance or to which the staff member is assigned, as applicable; and


(2) a school or campus that receives equipment as a result of the request by a board of trustees, governing body, principal, or assistant principal is required to place equipment only in classrooms or settings identified by the requestor, if the requestor limits the request to specific classrooms or settings subject to this subsection.


(a-1) For purposes of Subsection (a):


(1) a parent of a child who receives special education services in one or more self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the child receives those services;


(2) a board of trustees or governing body may request in writing that equipment be provided to one or more specified schools or campuses at which one or more children receive special education services in self-contained classrooms or other special education settings;


(3) the principal or assistant principal of a school or campus at which one or more children receive special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the principal's or assistant principal's school or campus; and


(4) a staff member assigned to work with one or more children receiving special education services in self-contained classrooms or other special education settings may request in writing that equipment be provided to the school or campus at which the staff member works.


(a-2) Each school district or open-enrollment charter school shall designate an administrator at the primary administrative office of the district or school with responsibility for coordinating the provision of equipment to schools and campuses in compliance with this section.


(a-3) A written request must be submitted and acted on as follows:


(1) a parent, staff member, or assistant principal must submit a request to the principal or the principal's designee of the school or campus addressed in the request, and the principal or designee must provide a copy of the request to the administrator designated under Subsection (a-2);


(2) a principal must submit a request by the principal to the administrator designated under Subsection (a-2); and


(3) a board of trustees or governing body must submit a request to the administrator designated under Subsection (a-2), and the administrator must provide a copy of the request to the principal or the principal's designee of the school or campus addressed in the request.


(b) A school or campus that places a video camera in a classroom or other special education setting in accordance with Subsection (a) shall operate and maintain the video camera in the classroom or setting, as long as the classroom or setting continues to satisfy the requirements under Subsection (a), for the remainder of the school year in which the school or campus received the request, unless the requestor withdraws the request in writing. If for any reason a school or campus will discontinue operation of a video camera during a school year, not later than the fifth school day before the date the operation of the video camera will be discontinued, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue unless requested by a person eligible to make a request under Subsection (a-1). Not later than the 10th school day before the end of each school year, the school or campus must notify the parents of each student in regular attendance in the classroom or setting that operation of the video camera will not continue during the following school year unless a person eligible to make a request for the next school year under Subsection (a-1) submits a new request.


(c) Except as provided by Subsection (c-1), video cameras placed under this section must be capable of:


(1) covering all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out; and


(2) recording audio from all areas of the classroom or other special education setting, including a room attached to the classroom or setting used for time-out.


(c-1) The inside of a bathroom or any area in the classroom or other special education setting in which a student's clothes are changed may not be visually monitored, except for incidental coverage of a minor portion of a bathroom or changing area because of the layout of the classroom or setting.


(d) Before a school or campus activates a video camera in a classroom or other special education setting under this section, the school or campus shall provide written notice of the placement to all school or campus staff and to the parents of each student attending class or engaging in school activities in the classroom or setting.


(e) Except as provided by Subsection (e-1), a school district or open-enrollment charter school shall retain video recorded from a video camera placed under this section for at least three months after the date the video was recorded.


(e-1) If a person described by Subsection (i) requests to view a video recording from a video camera placed under this section, a school district or open-enrollment charter school must retain the recording from the date of receipt of the request until the person has viewed the recording and a determination has been made as to whether the recording documents an alleged incident. If the recording documents an alleged incident, the district or school shall retain the recording until the alleged incident has been resolved, including the exhaustion of all appeals.


(f) A school district or open-enrollment charter school may solicit and accept gifts, grants, and donations from any person for use in placing video cameras in classrooms or other special education settings under this section.


(g) This section does not:


(1) waive any immunity from liability of a school district or open-enrollment charter school, or of district or school officers or employees; or


(2) create any liability for a cause of action against a school district or open-enrollment charter school or against district or school officers or employees.


(h) A school district or open-enrollment charter school may not:


(1) allow regular or continual monitoring of video recorded under this section; or


(2) use video recorded under this section for teacher evaluation or for any other purpose other than the promotion of safety of students receiving special education services in a self-contained classroom or other special education setting.


(i) A video recording of a student made according to this section is confidential and may not be released or viewed except as provided by this subsection or Subsection (i-1) or (j). A school district or open-enrollment charter school shall release a recording for viewing by:


(1) an employee who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the employee;


(2) a parent of a student who is involved in an alleged incident that is documented by the recording and has been reported to the district or school, on request of the parent;


(3) appropriate Department of Family and Protective Services personnel as part of an investigation under Section 261.406, Family Code;


(4) a peace officer, a school nurse, a district or school administrator trained in de-escalation and restraint techniques as provided by commissioner rule, or a human resources staff member designated by the board of trustees of the school district or the governing body of the open-enrollment charter school in response to a report of an alleged incident or an investigation of district or school personnel or a report of alleged abuse committed by a student; or


(5) appropriate agency or State Board for Educator Certification personnel or agents as part of an investigation.


(i-1) A contractor or employee performing job duties relating to the installation, operation, or maintenance of video equipment or the retention of video recordings who incidentally views a video recording is not in violation of Subsection (i).


(k) The commissioner may adopt rules to implement and administer this section, including rules regarding the special education settings to which this section applies.


(l) A school district or open-enrollment charter school policy relating to the placement, operation, or maintenance of video cameras under this section must:


(1) include information on how a person may appeal an action by the district or school that the person believes to be in violation of this section or a policy adopted in accordance with this section, including the appeals process under Section 7.057;


(2) require that the district or school provide a response to a request made under this section not later than the seventh school business day after receipt of the request by the person to whom it must be submitted under Subsection (a-3) that authorizes the request or states the reason for denying the request;


(3) except as provided by Subdivision (5), require that a school or a campus begin operation of a video camera in compliance with this section not later than the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the request is authorized unless the agency grants an extension of time;


(4) permit the parent of a student whose admission, review, and dismissal committee has determined that the student's placement for the following school year will be in a classroom or other special education setting in which a video camera may be placed under this section to make a request for the video camera by the later of:


(A) the date on which the current school year ends; or


(B) the 10th school business day after the date of the placement determination by the admission, review, and dismissal committee; and


(5) if a request is made by a parent in compliance with Subdivision (4), unless the agency grants an extension of time, require that a school or campus begin operation of a video camera in compliance with this section not later than the later of:


(A) the 10th school day of the fall semester; or


(B) the 45th school business day, or the first school day after the 45th school business day if that day is not a school day, after the date the request is made.


(m) A school district, parent, staff member, or administrator may request an expedited review by the agency of the district's:


(1) denial of a request made under this section;


(2) request for an extension of time to begin operation of a video camera under Subsection (l)(3) or (5); or


(3) determination to not release a video recording to a person described by Subsection (i).


(n) If a school district, parent, staff member, or administrator requests an expedited review under Subsection (m), the agency shall notify all other interested parties of the request.


(o) If an expedited review has been requested under Subsection (m), the agency shall issue a preliminary judgment as to whether the district is likely to prevail on the issue under a full review by the agency. If the agency determines that the district is not likely to prevail, the district must fully comply with this section notwithstanding an appeal of the agency's decision. The agency shall notify the requestor and the district, if the district is not the requestor, of the agency's determination.


(p) The commissioner:


(1) shall adopt rules relating to the expedited review process under Subsections (m), (n), and (o), including standards for making a determination under Subsection (o); and


(2) may adopt rules relating to an expedited review process under Subsections (m), (n), and (o) for an open-enrollment charter school.


(q) The agency shall collect data relating to requests made under this section and actions taken by a school district or open-enrollment charter school in response to a request, including the number of requests made, authorized, and denied.


(r) A video recording under this section is a governmental record only for purposes of Section 37.10, Penal Code.


(s) This section applies to the placement, operation, and maintenance of a video camera in a self-contained classroom or other special education setting during the regular school year and extended school year services.


(t) A video camera placed under this section is not required to be in operation for the time during which students are not present in the classroom or other special education setting.


(u) In this section:


(1) "Parent" includes a guardian or other person standing in parental relation to a student.


(2) "School business day" means a day that campus or school district administrative offices are open.


(3) "Self-contained classroom" does not include a classroom that is a resource room instructional arrangement under Section 48.102.


(4) "Staff member" means a teacher, related service provider, paraprofessional, counselor, or educational aide assigned to work in a self-contained classroom or other special education setting.


(5) "Time-out" has the meaning assigned by Section 37.0021.


Added by Acts 2015, 84th Leg., R.S., Ch. 1147 (S.B. 507), Sec. 2, eff. June 19, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 751 (S.B. 1398), Sec. 1, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.028, eff. September 1, 2019.


For expiration of this section, see Subsection (f).



Sec. 29.023. NOTICE OF RIGHTS. (a) The agency shall develop a notice for distribution as provided by Subsection (c) and posting on the agency's Internet website that indicates:


(1) the change made from 2016 to 2017 in reporting requirements for school districts and open-enrollment charter schools regarding the special education representation indicator adopted in the Performance-Based Monitoring Analysis System Manual; and


(2) in plain language, the rights of a child under both federal and state law and the general process available to initiate a referral of a child for a full individual and initial evaluation under Section 29.004 to determine the child's eligibility for special education services.


(b) A school district or open-enrollment charter school shall include in the notice developed by the agency under Subsection (a) information indicating where the local processes and procedures for initiating a referral for special education services eligibility evaluation may be found.


(c) By a date established by the commissioner, each school district or open-enrollment charter school shall provide the notice to the parent of each child who attends school in the district or at the school at any time during the 2019-2020 school year. A school district or open-enrollment charter school shall also make the notice available on request to any person. The notice must be available in English and Spanish, and a school district or open-enrollment charter school shall make a good faith effort to provide the notice in the parent's native language if the parent's native language is a language other than English or Spanish.


(d) The notice is in addition to requirements imposed by Section 26.0081.


(e) The commissioner may adopt rules necessary to implement this section.


(f) This section expires September 1, 2023.


Added by Acts 2019, 86th Leg., R.S., Ch. 954 (S.B. 139), Sec. 1, eff. June 14, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



For expiration of this section, see Subsection (o).



Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS WITH AUTISM. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools that provide innovative services to students with autism.


(c) A program is eligible for a grant under this section if:


(1) the program operates as an independent campus or a separate program from the campus in which the program is located, with a separate budget;


(2) the program incorporates:


(A) evidence-based and research-based design;


(B) the use of empirical data on student achievement and improvement;


(C) parental support and collaboration;


(D) the use of technology;


(E) meaningful inclusion; and


(F) the ability to replicate the program for students statewide;


(3) the program gives priority for enrollment to students with autism;


(4) the program limits enrollment and services to students who are:


(A) at least three years of age; and


(B) younger than nine years of age or are enrolled in the third grade or a lower grade level; and


(5) the program allows a student who turns nine years of age or older during a school year to remain in the program until the end of that school year.


(d) A school district or open-enrollment charter school may not:


(1) charge a fee for the program, other than those authorized by law for students in public schools;


(2) require a parent to enroll a child in the program;


(3) allow an admission, review, and dismissal committee to place a student in the program without the written consent of the student's parent or guardian; or


(4) continue the placement of a student in the program after the student's parent or guardian revokes consent, in writing, to the student's placement in the program.


(e) A program under this section may:


(1) alter the length of the school day or school year or the number of minutes of instruction received by students;


(2) coordinate services with private or community-based providers;


(3) allow the enrollment of students without disabilities or with other disabilities, if approved by the commissioner; and


(4) adopt staff qualifications and staff to student ratios that differ from the applicable requirements of this title.


(f) The commissioner shall adopt rules creating an application and selection process for grants awarded under this section.


(g) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(h) The commissioner shall award grants to fund not more than 10 programs that meet the eligibility criteria under Subsection (c). In selecting programs, the commissioner shall prioritize programs that are collaborations between multiple school districts, multiple charter schools, or school districts and charter schools. The selected programs must reflect the diversity of this state.


(i) The commissioner shall select programs and award grant funds to those programs beginning in the 2018-2019 school year. The selected programs are to be funded for two years.


(j) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(k) The commissioner shall set aside an amount not to exceed $20 million from the total amount of funds appropriated for the 2018-2019 fiscal biennium to fund grants under this section. The commissioner shall use $10 million for the purposes of this section for each school year in the state fiscal biennium. A grant recipient may not receive more than $1 million for the 2018-2019 fiscal biennium. The commissioner shall reduce each district's and charter school's allotment proportionally to account for funds allocated under this section.


(l) The commissioner and any program selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the program. The commissioner and any program selected under this section may not require any financial contribution from parents to implement and administer the program.


(m) The commissioner may consider a student with autism who is enrolled in a program funded under this section as funded in a mainstream placement, regardless of the amount of time the student receives services in a regular classroom setting.


(n) Not later than December 31, 2020, the commissioner shall publish a report on the grant program established under this section. The report must include:


(1) recommendations for statutory or funding changes necessary to implement successful innovations in the education of students with autism; and


(2) data on the academic and functional achievements of students enrolled in a program that received a grant under this section.


(o) This section expires September 1, 2021.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



For expiration of this section, see Subsection (o).



Sec. 29.027. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS WITH DYSLEXIA. (a) The commissioner shall establish a program to award grants to school districts and open-enrollment charter schools that provide innovative services to students with dyslexia.


(c) A program is eligible for a grant under this section if:


(1) the program operates as an independent campus or a separate program from the campus in which the program is located, with a separate budget;


(2) the program incorporates:


(A) evidence-based and research-based design;


(B) the use of empirical data on student achievement and improvement;


(C) parental support and collaboration;


(D) the use of technology;


(E) meaningful inclusion; and


(F) the ability to replicate the program for students statewide;


(3) the program gives priority for enrollment to students with dyslexia;


(4) the program limits enrollment and services to students who are:


(A) at least three years of age; and


(B) younger than nine years of age or are enrolled in the third grade or a lower grade level; and


(5) the program allows a student who turns nine years of age or older during a school year to remain in the program until the end of that school year.


(d) A school district or open-enrollment charter school may not:


(1) charge a fee for the program, other than those authorized by law for students in public schools;


(2) require a parent to enroll a child in the program;


(3) allow an admission, review, and dismissal committee to place a student in the program without the written consent of the student's parent or guardian; or


(4) continue the placement of a student in the program after the student's parent or guardian revokes consent, in writing, to the student's placement in the program.


(e) A program under this section may:


(1) alter the length of the school day or school year or the number of minutes of instruction received by students;


(2) coordinate services with private or community-based providers;


(3) allow the enrollment of students without disabilities or with other disabilities, if approved by the commissioner; and


(4) adopt staff qualifications and staff to student ratios that differ from the applicable requirements of this title.


(f) The commissioner shall adopt rules creating an application and selection process for grants awarded under this section.


(g) The commissioner shall create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.


(h) The commissioner shall award grants to fund not more than 10 programs that meet the eligibility criteria under Subsection (c). In selecting programs, the commissioner shall prioritize programs that are collaborations between multiple school districts, multiple charter schools, or school districts and charter schools. The selected programs must reflect the diversity of this state.


(i) The commissioner shall select programs and award grant funds to those programs beginning in the 2018-2019 school year. The selected programs are to be funded for two years.


(j) A grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program funds that the district or charter school is otherwise entitled to receive. A grant awarded under this section may not come out of Foundation School Program funds.


(k) The commissioner shall set aside an amount not to exceed $20 million from the total amount of funds appropriated for the 2018-2019 fiscal biennium to fund grants under this section. The commissioner shall use $10 million for the purposes of this section for each school year in the state fiscal biennium. A grant recipient may not receive more than $1 million for the 2018-2019 fiscal biennium. The commissioner shall reduce each district's and charter school's allotment proportionally to account for funds allocated under this section.


(l) The commissioner and any program selected under this section may accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the program. The commissioner and any program selected under this section may not require any financial contribution from parents to implement and administer the program.


(m) The commissioner may consider a student with dyslexia who is enrolled in a program funded under this section as funded in a mainstream placement, regardless of the amount of time the student receives services in a regular classroom setting.


(n) Not later than December 31, 2020, the commissioner shall publish a report on the grant program established under this section. The report must include:


(1) recommendations for statutory or funding changes necessary to implement successful innovations in the education of students with dyslexia; and


(2) data on the academic and functional achievements of students enrolled in a program that received a grant under this section.


(o) This section expires September 1, 2021.


Added by Acts 2017, 85th Leg., 1st C.S., Ch. 8 (H.B. 21), Sec. 3, eff. November 14, 2017.


SUBCHAPTER B. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS



The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.051. STATE POLICY. English is the basic language of this state. Public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language. Large numbers of students in the state come from environments in which the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of those students. The mastery of basic English language skills is a prerequisite for effective participation in the state's educational program. Bilingual education and special language programs can meet the needs of those students and facilitate their integration into the regular school curriculum. Therefore, in accordance with the policy of the state to ensure equal educational opportunity to every student, and in recognition of the educational needs of students of limited English proficiency, this subchapter provides for the establishment of bilingual education and special language programs in the public schools and provides supplemental financial assistance to help school districts meet the extra costs of the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.052. DEFINITIONS. In this subchapter:


(1) "Student of limited English proficiency" means a student whose primary language is other than English and whose English language skills are such that the student has difficulty performing ordinary classwork in English.


(2) "Parent" includes a legal guardian of a student.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.053. ESTABLISHMENT OF BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAMS. (a) The agency shall establish a procedure for identifying school districts that are required to offer bilingual education and special language programs in accordance with this subchapter.


(b) Within the first four weeks following the first day of school, the language proficiency assessment committee established under Section 29.063 shall determine and report to the board of trustees of the district the number of students of limited English proficiency on each campus and shall classify each student according to the language in which the student possesses primary proficiency. The board shall report that information to the agency before November 1 each year.


(c) Each district with an enrollment of 20 or more students of limited English proficiency in any language classification in the same grade level shall offer a bilingual education or special language program.


(d) Each district that is required to offer bilingual education and special language programs under this section shall offer the following for students of limited English proficiency:


(1) bilingual education in kindergarten through the elementary grades;


(2) bilingual education, instruction in English as a second language, or other transitional language instruction approved by the agency in post-elementary grades through grade 8; and


(3) instruction in English as a second language in grades 9 through 12.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.054. EXCEPTION. (a) If a program other than bilingual education must be used in kindergarten through the elementary grades, documentation for the exception must be filed with and approved by the agency.


(b) An application for an exception may be filed with the agency when a district is unable to hire a sufficient number of teachers with teaching certificates appropriate for bilingual education instruction to staff the required program. The application must be accompanied by:


(1) documentation showing that the district has taken all reasonable affirmative steps to secure teachers with teaching certificates appropriate for bilingual education instruction and has failed;


(2) documentation showing that the district has affirmative hiring policies and procedures consistent with the need to serve limited English proficiency students;


(3) documentation showing that, on the basis of district records, no teacher having a teaching certificate appropriate for bilingual instruction or emergency credentials has been unjustifiably denied employment by the district within the past 12 months; and


(4) a plan detailing specific measures to be used by the district to eliminate the conditions that created the need for an exception.


(c) An exception shall be granted under this section on an individual district basis and is valid for only one year. Application for an exception for a second or succeeding year must be accompanied by the documentation prescribed by Subsection (b).


(d) During the period for which a district is granted an exception under this section, the district must use alternative methods approved by the agency to meet the needs of its students of limited English proficiency, including hiring teaching personnel under a bilingual emergency permit.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.055. PROGRAM CONTENT; METHOD OF INSTRUCTION. (a) A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills. A program of instruction in English as a second language established by a school district shall be a program of intensive instruction in English from teachers trained in recognizing and dealing with language differences.


(b) A program of bilingual education or of instruction in English as a second language shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds.


(c) In subjects such as art, music, and physical education, students of limited English proficiency shall participate fully with English-speaking students in regular classes provided in the subjects.


(d) Elective courses included in the curriculum may be taught in a language other than English.


(e) Each school district shall provide students enrolled in the program a meaningful opportunity to participate fully with other students in all extracurricular activities.


(f) If money is appropriated for the purpose, the agency shall establish a limited number of pilot programs for the purpose of examining alternative methods of instruction in bilingual education and special language programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.056. ENROLLMENT OF STUDENTS IN PROGRAM. (a) The agency shall establish standardized criteria for the identification, assessment, and classification of students of limited English proficiency eligible for entry into the program or exit from the program. The student's parent must approve a student's entry into the program, exit from the program, or placement in the program. The school district or parent may appeal the decision under Section 29.064. The criteria for identification, assessment, and classification may include:


(1) results of a home language survey conducted within four weeks of each student's enrollment to determine the language normally used in the home and the language normally used by the student, conducted in English and the home language, signed by the student's parents if the student is in kindergarten through grade 8 or by the student if the student is in grades 9 through 12, and kept in the student's permanent folder by the language proficiency assessment committee;


(2) the results of an agency-approved English language proficiency test administered to all students identified through the home survey as normally speaking a language other than English to determine the level of English language proficiency, with students in kindergarten or grade 1 being administered an oral English proficiency test and students in grades 2 through 12 being administered an oral and written English proficiency test; and


(3) the results of an agency-approved proficiency test in the primary language administered to all students identified under Subdivision (2) as being of limited English proficiency to determine the level of primary language proficiency, with students in kindergarten or grade 1 being administered an oral primary language proficiency test and students in grades 2 through 12 being administered an oral and written primary language proficiency test.


(b) Tests under Subsection (a) shall be administered by professionals or paraprofessionals with the appropriate English and primary language skills and the training required by the test publisher.


(c) The language proficiency assessment committee may classify a student as limited English proficiency if:


(1) the student's ability in English is so limited or the student's disabilities are so severe that assessment procedures cannot be administered;


(2) the student's score or relative degree of achievement on the agency-approved English proficiency test is below the levels established by the agency as indicative of reasonable proficiency;


(3) the student's primary language proficiency score as measured by an agency-approved test is greater than the student's proficiency in English; or


(4) the language proficiency assessment committee determines, based on other information, including a teacher evaluation, parental viewpoint, or student interview, that the student's primary language proficiency is greater than the student's proficiency in English or that the student is not reasonably proficient in English.


(d) Not later than the 10th day after the date of the student's classification as a student of limited English proficiency, the language proficiency assessment committee shall give written notice of the classification to the student's parent. The notice must be in English and the parent's primary language. The parents of students eligible to participate in the required bilingual education program shall be informed of the benefits of the bilingual education or special language program and that it is an integral part of the school program.


(e) The language proficiency assessment committee may retain, for documentation purposes, all records obtained under this section.


(f) The district may not refuse to provide instruction in a language other than English to a student solely because the student has a disability.


(g) A district may transfer a student of limited English proficiency out of a bilingual education or special language program for the first time or a subsequent time if the student is able to participate equally in a regular all-English instructional program as determined by:


(1) agency-approved tests administered at the end of each school year to determine the extent to which the student has developed oral and written language proficiency and specific language skills in English;


(2) satisfactory performance on the reading assessment instrument under Section 39.023(a) or an English language arts assessment instrument under Section 39.023(c), as applicable, with the assessment instrument administered in English, or, if the student is enrolled in the first or second grade, an achievement score at or above the 40th percentile in the reading and language arts sections of an English standardized test approved by the agency; and


(3) agency-approved criterion-referenced tests and the results of a subjective teacher evaluation.


(h) If later evidence suggests that a student who has been transferred out of a bilingual education or special language program has inadequate English proficiency and achievement, the language proficiency assessment committee may reenroll the student in the program. Classification of students for reenrollment must be based on the criteria required by this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.06, eff. May 31, 2006.


Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT. (a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.


(b) During the first two school years after a student is transferred out of a bilingual education or special language program under Section 29.056(g), the language proficiency assessment committee shall review the student's performance and consider:


(1) the total amount of time the student was enrolled in a bilingual education or special language program;


(2) the student's grades each grading period in each subject in the foundation curriculum under Section 28.002(a)(1);


(3) the student's performance on each assessment instrument administered under Section 39.023(a) or (c);


(4) the number of credits the student has earned toward high school graduation, if applicable; and


(5) any disciplinary actions taken against the student under Subchapter A, Chapter 37.


(c) After an evaluation under this section, the language proficiency assessment committee may require intensive instruction for the student or reenroll the student in a bilingual education or special language program.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.07, eff. May 31, 2006.


Sec. 29.057. FACILITIES; CLASSES. (a) Bilingual education and special language programs must be located in the regular public schools of the district rather than in separate facilities.


(b) Students enrolled in bilingual education or a special language program shall be placed in classes with other students of approximately the same age and level of educational attainment. The school district shall ensure that the instruction given each student is appropriate to the student's level of educational attainment, and the district shall keep adequate records of the educational level and progress of each student enrolled in the program.


(c) The maximum student-teacher ratio shall be set by the agency and shall reflect the special educational needs of students enrolled in the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.058. ENROLLMENT OF STUDENTS WHO DO NOT HAVE LIMITED ENGLISH PROFICIENCY. With the approval of the school district and a student's parents, a student who does not have limited English proficiency may also participate in a bilingual education program. The number of participating students who do not have limited English proficiency may not exceed 40 percent of the number of students enrolled in the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.059. COOPERATION AMONG DISTRICTS. (a) A school district may join with one or more other districts to provide the bilingual education and special language programs required by this subchapter. The availability of the programs shall be publicized throughout the districts involved.


(b) A school district may allow a nonresident student of limited English proficiency to enroll in or attend its bilingual education or special language programs if the student's district of residence does not provide an appropriate program. The tuition for the student shall be paid by the district in which the student resides.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.060. PRESCHOOL, SUMMER SCHOOL, AND EXTENDED TIME PROGRAMS. (a) Each school district that is required to offer a bilingual education or special language program shall offer a voluntary program for children of limited English proficiency who will be eligible for admission to kindergarten or the first grade at the beginning of the next school year. A school that operates on a system permitted by this code other than a semester system shall offer 120 hours of instruction on a schedule the board of trustees of the district establishes. A school that operates on a semester system shall offer the program:


(1) during the period school is recessed for the summer; and


(2) for one-half day for eight weeks or on a similar schedule approved by the board of trustees.


(b) Enrollment of a child in the program is optional with the parent of the child.


(c) The program must be an intensive bilingual education or special language program that meets standards established by the agency. The student/teacher ratio for the program may not exceed 18/1.


(d) A school district may establish on a full- or part-time basis other summer school, extended day, or extended week bilingual education or special language programs for students of limited English proficiency and may join with other districts in establishing the programs.


(e) The programs required or authorized by this section may not be a substitute for programs required to be provided during the regular school year.


(f) The legislature may appropriate money from the foundation school fund for support of a program under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.061. BILINGUAL EDUCATION AND SPECIAL LANGUAGE PROGRAM TEACHERS. (a) The State Board for Educator Certification shall provide for the issuance of teaching certificates appropriate for bilingual education instruction to teachers who possess a speaking, reading, and writing ability in a language other than English in which bilingual education programs are offered and who meet the general requirements of Chapter 21. The board shall also provide for the issuance of teaching certificates appropriate for teaching English as a second language. The board may issue emergency endorsements in bilingual education and in teaching English as a second language.


(b) A teacher assigned to a bilingual education program using one of the following program models must be appropriately certified for bilingual education by the board:


(1) transitional bilingual/early exit program model; or


(2) transitional bilingual/late exit program model.


(b-1) A teacher assigned to a bilingual education program using a dual language immersion/one-way or two-way program model must be appropriately certified by the board for:


(1) bilingual education for the component of the program provided in a language other than English; and


(2) bilingual education or English as a second language for the component of the program provided in English.


(b-2) A school district that provides a bilingual education program using a dual language immersion/one-way or two-way program model may assign a teacher certified under Subsection (b-1)(1) for the language other than English component of the program and a different teacher certified under Subsection (b-1)(2) for the English language component.


(c) A teacher assigned to an English as a second language program must be appropriately certified for English as a second language by the board.


(d) A school district may compensate a bilingual education or special language teacher for participating in a continuing education program that is in addition to the teacher's regular contract. The continuing education program must be designed to provide advanced bilingual education or special language program endorsement or skills.


(e) The State Board for Educator Certification and the Texas Higher Education Coordinating Board shall develop a comprehensive plan for meeting the teacher supply needs created by the programs outlined in this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 453 (H.B. 218), Sec. 1, eff. June 15, 2015.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.062. COMPLIANCE. (a) The legislature recognizes that compliance with this subchapter is an imperative public necessity. Therefore, in accordance with the policy of the state, the agency shall evaluate the effectiveness of programs under this subchapter based on the achievement indicators adopted under Section 39.053(c), including the results of assessment instruments. The agency may combine evaluations under this section with federal accountability measures concerning students of limited English proficiency.


(b) The areas to be monitored shall include:


(1) program content and design;


(2) program coverage;


(3) identification procedures;


(4) classification procedures;


(5) staffing;


(6) learning materials;


(7) testing materials;


(8) reclassification of students for either entry into regular classes conducted exclusively in English or reentry into a bilingual education or special education program; and


(9) activities of the language proficiency assessment committees.


(c) Not later than the 30th day after the date of an on-site monitoring inspection, the agency shall report its findings to the school district or open-enrollment charter school and to the division of accreditation.


(d) The agency shall notify a school district or open-enrollment charter school found in noncompliance in writing, not later than the 30th day after the date of the on-site monitoring. The district or open-enrollment charter school shall take immediate corrective action.


(e) If a school district or open-enrollment charter school fails to satisfy appropriate standards adopted by the commissioner for purposes of Subsection (a), the agency shall apply sanctions, which may include the removal of accreditation, loss of foundation school funds, or both.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 19, eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 33, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 12, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 4, eff. June 15, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1267 and S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.063. LANGUAGE PROFICIENCY ASSESSMENT COMMITTEES. (a) Each school district that is required to offer bilingual education and special language programs shall establish a language proficiency assessment committee.


(b) Each committee shall include a professional bilingual educator, a professional transitional language educator, a parent of a limited English proficiency student, and a campus administrator.


(c) The language proficiency assessment committee shall:


(1) review all pertinent information on limited English proficiency students, including the home language survey, the language proficiency tests in English and the primary language, each student's achievement in content areas, and each student's emotional and social attainment;


(2) make recommendations concerning the most appropriate placement for the educational advancement of the limited English proficiency student after the elementary grades;


(3) review each limited English proficiency student's progress at the end of the school year in order to determine future appropriate placement;


(4) monitor the progress of students formerly classified as limited English proficiency who have transferred out of the bilingual education or special language program and, based on the information, designate the most appropriate placement for such students; and


(5) determine the appropriateness of a program that extends beyond the regular school year based on the needs of each limited English proficiency student.


(d) The agency may prescribe additional duties for language proficiency assessment committees.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.064. APPEALS. A parent of a student enrolled in a school district offering bilingual education or special language programs may appeal to the commissioner if the district fails to comply with the requirements established by law or by the agency as authorized by this subchapter. If the parent disagrees with the placement of the student in the program, the parent may appeal that decision to the board of trustees. Appeals shall be conducted in accordance with procedures adopted by the commissioner.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.065. ASSISTANCE BY AGENCY. The agency shall develop tools to assist school districts and open-enrollment charter schools in implementing bilingual education and special language programs under this chapter.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.016, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.066. PEIMS REPORTING REQUIREMENTS. (a) A school district that is required to offer bilingual education or special language programs shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district bilingual education or special language programs;


(2) the number and percentage of students enrolled in each instructional model of a bilingual education or special language program offered by the district; and


(3) the number and percentage of students identified as students of limited English proficiency who do not receive specialized instruction.


(b) For purposes of this section, the commissioner shall adopt rules to classify programs under this section as follows:


(1) if the program is a bilingual education program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) transitional bilingual/early exit: a bilingual program that serves students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than two or later than five years after the student enrolls in school;


(B) transitional bilingual/late exit: a bilingual program that serves students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school;


(C) dual language immersion/two-way: a biliteracy program that integrates students proficient in English and students identified as students of limited English proficiency in both English and Spanish and transfers a student identified as a student of limited English proficiency to English-only instruction not earlier than six or later than seven years after the student enrolls in school; or


(D) dual language immersion/one-way: a biliteracy program that serves only students identified as students of limited English proficiency in both English and Spanish and transfers a student to English-only instruction not earlier than six or later than seven years after the student enrolls in school; and


(2) if the program is a special language program, the program must be classified under the Public Education Information Management System (PEIMS) report as:


(A) English as a second language/content-based: an English program that serves students identified as students of limited English proficiency in English only by providing a full-time teacher certified under Section 29.061(c) to provide supplementary instruction for all content area instruction; or


(B) English as a second language/pull-out: an English program that serves students identified as students of limited English proficiency in English only by providing a part-time teacher certified under Section 29.061(c) to provide English language arts instruction exclusively, while the student remains in a mainstream instructional arrangement in the remaining content areas.


(c) If the school district has received a waiver and is not required to offer a bilingual education or special language program in a student's native language or if the student's parents have refused to approve the student's entry into a program as provided by Section 29.056, the program must be classified under the Public Education Information Management System (PEIMS) report as: no bilingual education or special language services provided.


Added by Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 2, eff. June 15, 2007.


SUBCHAPTER C. COMPENSATORY EDUCATION PROGRAMS



The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1697, H.B. 572, H.B. 3607, S.B. 1615 and S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. (a) Each school district shall use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Subchapter B, Chapter 39, to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to be performing at grade level at the conclusion of the next regular school term.


(b) Each district shall provide accelerated instruction to a student enrolled in the district who has taken an end-of-course assessment instrument administered under Section 39.023(c) and has not performed satisfactorily on the assessment instrument or who is at risk of dropping out of school.


(b-1) Each school district shall offer before the next scheduled administration of the assessment instrument, without cost to the student, additional accelerated instruction to each student in any subject in which the student failed to perform satisfactorily on an end-of-course assessment instrument required for graduation.


(b-2) A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds, including funds under Section 48.104, for that purpose.


(b-3) A district shall evaluate the effectiveness of accelerated instruction programs under Subsection (b-1) and annually hold a public hearing to consider the results.


(c) Each school district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1



(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;


(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; or


(14) has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Section 1.07, Penal Code.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, and Ch. 597 (S.B. 668), Sec. 1.06



(d) For purposes of this section, "student at risk of dropping out of school" includes each student who:


(1) is under 26 years of age and who:


(A) was not advanced from one grade level to the next for one or more school years;


(B) 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;


(C) 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;


(D) 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;


(E) is pregnant or is a parent;


(F) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;


(G) has been expelled in accordance with Section 37.007 during the preceding or current school year;


(H) is currently on parole, probation, deferred prosecution, or other conditional release;


(I) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;


(J) is a student of limited English proficiency, as defined by Section 29.052;


(K) 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;


(L) is homeless; or


(M) 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; or


(2) regardless of the student's age, participates in an adult education program provided under a high school diploma and industry certification charter school program under Section 29.259.


(d-1) Notwithstanding Subsection (d)(1)(A), a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.


(e) A school district may use a private or public community-based dropout recovery education program to provide alternative education programs for students at risk of dropping out of school. The program may be offered:


(1) at a campus; or


(2) through the use of an Internet online program that leads to a high school diploma and prepares the student to enter the workforce.


(e-1) A campus-based dropout recovery education program must:


(1) provide not less than four hours of instructional time per day;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide at least one instructor for each 28 students;


(4) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(5) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(e-2) An Internet online dropout recovery education program must:


(1) include as a part of its curriculum credentials, certifications, or other course offerings that relate directly to employment opportunities in the state;


(2) employ as faculty and administrators persons with baccalaureate or advanced degrees;


(3) provide an academic coach and local advocate for each student;


(4) use an individual learning plan to monitor each student's progress;


(5) establish satisfactory requirements for the monthly progress of students according to standards set by the commissioner;


(6) provide a monthly report to the student's school district regarding the student's progress;


(7) perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and


(8) comply with this title and rules adopted under this title except as otherwise provided by this subsection.


(f) The commissioner shall include students in attendance in a program under Subsection (e) in the computation of the district's average daily attendance for funding purposes.


(g) In addition to students described by Subsection (d), a student who satisfies local eligibility criteria adopted by the board of trustees of a school district may receive instructional services under this section. The number of students receiving services under this subsection during a school year may not exceed 10 percent of the number of students described by Subsection (d) who received services from the district during the preceding school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1588, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 1, 2, eff. June 13, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 4, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 690 (H.B. 2703), Sec. 1, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 20, eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1, eff. June 2, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.06, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.029, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, eff. June 14, 2019.


Sec. 29.082. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school district may set aside an amount from the district's allotment under Section 48.104 or may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:


(1) kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or


(2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.


(b) The commissioner may adopt rules for the administration of programs provided under this section.


(c) A school district may not enroll more than 16 students in a class provided under this section.


(d) Each class provided under this section shall be taught by a teacher who has completed successfully a program that provides training to teach a class under this section and that satisfies standards the commissioner establishes.


(e) A student who attends at least 90 percent of the program days of a program under this section and who satisfies the requirements for promotion prescribed by Section 28.021 shall be promoted to the next grade level at the beginning of the next school year unless a parent of the student presents a written request to the school principal that the student not be promoted to the next grade level. As soon as practicable after receiving the request from a parent, the principal shall hold a formal meeting with the student's parent, extended year program teacher, and school counselor. During the meeting, the principal, teacher, or school counselor shall explain the longitudinal statistics on the academic performance of students who are not promoted to the next grade level and provide information on the effect of retention on a student's self-esteem and on the likelihood of a student dropping out of school. After the meeting, the parent may withdraw the request that the student not be promoted to the next grade level. If the parent of a student eligible for promotion under this subsection withdraws the request, the student shall be promoted. If a student is promoted under this subsection, the school district shall continue to use innovative practices to ensure that the student is successful in school in succeeding years.


(f) A school district that provides a program under this section shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.


(g) A school district shall provide transportation to each student who is required to attend a program under this section and who is eligible for regular transportation services.


(h) The commissioner shall give priority to applications for extended year programs to districts with high concentrations of educationally disadvantaged students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 738, Sec. 1, eff. June 17, 1997; Acts 2003, 78th Leg., ch. 1212, Sec. 8, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 17, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 22, eff. June 14, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.030, eff. September 1, 2019.


Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) A school district may provide a flexible year program for students who did not or are likely not to perform successfully on an assessment instrument administered under Section 39.023 or who would not otherwise be promoted to the next grade level.


(b) To enable a school district to provide additional instructional days for a program under this section, with the approval of the commissioner, a school district may:


(1) provide a number of days of instruction during the regular school year that is not more than 10 days fewer than the number required under Section 25.081(a); and


(2) use for instructional purposes not more than five days that would otherwise be used for staff development or teacher preparation.


(c) Notwithstanding any reduction in the number of instructional days in the regular school year or in the number of staff development days, each educator employed under a 10-month contract must provide the minimum days of service required under Section 21.401.


(d) A school district may require educational support personnel to provide service as necessary for an optional flexible year program.


(e) The commissioner may adopt rules for the administration of programs provided under this section.


Added by Acts 2003, 78th Leg., ch. 824, Sec. 1, eff. June 20, 2003.


Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM. (a) Notwithstanding Section 25.081 or 25.082, a school district may apply to the commissioner to provide a flexible school day program for students who:


(1) have dropped out of school or are at risk of dropping out of school as defined by Section 29.081;


(2) attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; or


(3) as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled.


(b) To enable a school district to provide a program under this section that meets the needs of students described by Subsection (a), a school district that meets application requirements may:


(1) provide flexibility in the number of hours each day a student attends;


(2) provide flexibility in the number of days each week a student attends;


(3) allow a student to enroll in less than or more than a full course load; or


(4) allow a student to enroll in a dropout recovery program in which courses are conducted online.


(c) Except in the case of a course designed for a student described by Subsection (a)(3) or enrolled in a course described by Subsection (b)(4), a course offered in a program under this section must provide for at least the same number of instructional hours as required for a course offered in a program that meets the required minimum number of minutes of operation under Section 25.081.


(d) The commissioner may adopt rules for the administration of this section, including rules establishing application requirements. Subject to Subsection (d-1), the commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may:


(1) set maximum funding amounts for an individual course under this section; and


(2) limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


(d-1) In calculating average daily attendance for students served under this section, the commissioner shall ensure that funding for attendance in a course in a program under this section is based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance.


(e) A student described by Subsection (a)(3) may enroll in a course in a program under this section offered during the school year or during the period in which school is recessed for the summer to enable the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class.


Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 5.03, eff. May 31, 2006.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 364 (H.B. 1297), Sec. 1, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 18, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 791 (H.B. 2660), Sec. 1, eff. June 17, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 3, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 2, eff. June 15, 2017.


Sec. 29.083. STUDENT RETENTION INFORMATION. The agency shall collect data from school districts through the Public Education Information Management System (PEIMS) relating to grade level retention of students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.084. TUTORIAL SERVICES. (a) Each school district may provide tutorial services at the district's schools.


(b) A district that provides tutorial services shall require a student whose grade in a subject for a grade reporting period is lower than the equivalent of 70 on a scale of 100 to attend tutorials.


(c) A district may provide transportation for a student who is required to attend tutorial services and who is eligible for regular transportation services.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.085. LIFE SKILLS PROGRAM FOR STUDENT PARENTS. (a) A school district may provide an integrated program of educational and support services for students who are pregnant or who are parents.


(b) The program shall include:


(1) individual counseling, peer counseling, and self-help programs;


(2) career counseling and job readiness training;


(3) day care for the students' children on the campus or at a day-care facility in close proximity to the campus;


(4) transportation for children of students to and from the campus or day-care facility;


(5) transportation for students, as appropriate, to and from the campus or day-care facility;


(6) instruction related to knowledge and skills in child development, parenting, and home and family living; and


(7) assistance to students in the program in obtaining available services from government agencies or community service organizations, including prenatal and postnatal health and nutrition programs.


(c) The district shall solicit recommendations for obtaining community support for the students and their children from organizations for parents of students in the district and from other community organizations.


(d) School districts may operate shared services arrangement programs under this section.


(e) From funds appropriated for the purpose, the commissioner shall distribute funds for programs under this section. In distributing those funds, the commissioner shall give preference to school districts that received funds for a program under this section for the preceding school year and then to the districts that have the highest concentration of students who are pregnant or who are parents. To receive funds for a program under this section, a school district must apply to the commissioner. A program established under this section is required only in school districts in which the program is financed by funds distributed under this subsection and any other funds available for the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 19, eff. September 1, 2009.


Sec. 29.086. BASIC SKILLS PROGRAMS FOR HIGH SCHOOL STUDENTS. (a) A school district may apply to the commissioner for funding of special programs for students in grade nine who are at risk of not earning sufficient credit or who have not earned sufficient credit to advance to grade 10 and who fail to meet minimum skills levels established by the commissioner. A school district may, with the consent of a student's parent or guardian, assign a student to a program under this section. A program under this section may not exceed 210 instructional days.


(b) A program under this section must emphasize basic skills in areas of the required curriculum under Section 28.002 and must offer students the opportunity to increase credits required for high school graduation under state or school district policy. A program under this section may be provided by a school district or an entity contracting with a school district to provide the program.


(c) The commissioner shall award funds to districts in accordance with a competitive grant process developed by the commissioner. A grant may be made to a consortium of school districts. The criteria by which the commissioner awards a grant must include the quality of the proposed program and the school district's demonstrated need for the program. An approved program must include criteria that permit measurement of student progress, and the district shall:


(1) annually evaluate the progress of students in the program; and


(2) submit the results of the evaluation to the commissioner at the end of the school year.


(d) The commissioner shall establish minimum levels of student enrollment and standards of student progress required for continued funding of a program under this section. The commissioner may eliminate funding for a program in a subsequent school year if the program fails to achieve sufficient levels of student progress.


(e) The amount of a grant under this section must take into account funds distributed to the school district under Chapter 48.


(f) The commissioner may adopt rules for the administration of programs under this section.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.02, eff. Sept. 1, 1999.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.031, eff. September 1, 2019.


Sec. 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS. (a) The agency shall develop a process by which a school district or open-enrollment charter school may apply to the commissioner for authority to operate a program to prepare eligible students to take a high school equivalency examination.


(b) Any school district or open-enrollment charter school may apply for authorization to operate a program under this section. As part of the application process, the commissioner shall require a district or school to provide information regarding the operation of any similar program during the preceding five years.


(b-1) A school district or open-enrollment charter school authorized by the commissioner on or before August 31, 2003, to operate a program under this section may continue to operate that program in accordance with this section.


(c) A school district or open-enrollment charter school may not increase enrollment of students in a program authorized by this section by more than five percent of the number of students enrolled in the similar program operated by the district or school during the 2000-2001 school year.


(d) A student is eligible to participate in a program authorized by this section if:


(1) the student has been ordered by a court under Section 65.103, Family Code, or by the Texas Juvenile Justice Department to:


(A) participate in a preparatory class for the high school equivalency examination; or


(B) take the high school equivalency examination administered under Section 7.111; or


(2) the following conditions are satisfied:


(A) the student is at least 16 years of age at the beginning of the school year or semester;


(B) the student is a student at risk of dropping out of school, as defined by Section 29.081;


(C) the student and the student's parent or guardian agree in writing to the student's participation;


(D) at least two school years have elapsed since the student first enrolled in ninth grade and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school; and


(E) any other conditions specified by the commissioner.


(e) A school district or open-enrollment charter school shall inform each student who has completed a program authorized by this section of the time and place at which the student may take the high school equivalency examination. Notwithstanding any provision of this section, a student may not take the high school equivalency examination except as authorized by Section 7.111.


(f) A student participating in a program authorized by this section, other than a student ordered to participate under Subsection (d)(1), must have taken the appropriate end-of-course assessment instruments specified by Section 39.023(c) before entering the program and must take each appropriate end-of-course assessment instrument administered during the period in which the student is enrolled in the program. Except for a student ordered to participate under Subsection (d)(1), a student participating in the program may not take the high school equivalency examination unless the student has taken the assessment instruments required by this subsection.


(g) A student enrolled in a program authorized by this section may not participate in a competition or other activity sanctioned or conducted by the University Interscholastic League.


(h) A student who has received a high school equivalency certificate is entitled to enroll in a public school as authorized by Section 25.001 and is entitled to the benefits of the Foundation School Program under Section 48.003 in the same manner as any other student who has not received a high school diploma.


(i) The agency shall request permission from the General Educational Development Testing Service to administer the service's high school equivalency examination to students enrolled in high school who participate in a program authorized by this section. From funds appropriated to the agency that may be used for the purpose, the agency may pay a fee imposed by the service for granting permission to the agency necessary to allow operation of programs authorized by this section.


(j) For purposes of funding under Chapters 46, 48, and 49, a student attending a program authorized by this section may be counted in attendance only for the actual number of hours each school day the student attends the program, in accordance with Section 25.081.


(k) The board of trustees of a school district or the governing board of an open-enrollment charter school shall:


(1) hold a public hearing concerning the proposed application of the district or school before applying to operate a program authorized by this section; and


(2) subsequently hold a public hearing annually to review the performance of the program.


(l) The commissioner may revoke a school district's or open-enrollment charter school's authorization under this section after consideration of relevant factors, including performance of students participating in the district's or school's program on assessment instruments required under Chapter 39, the percentage of students participating in the district's or school's program who complete the program and perform successfully on the high school equivalency examination, and other criteria adopted by the commissioner. A decision by the commissioner under this subsection is final and may not be appealed.


(m) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(9), eff. June 17, 2011.


(n) The commissioner may adopt rules to implement this section.


(o) Repealed by Acts 2003, 78th Leg., ch. 373, Sec. 2, eff. June 18, 2003.


Added by Acts 2001, 77th Leg., ch. 1514, Sec. 7, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 41, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 373, Sec. 1, 2, eff. June 18, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 5, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(9), eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 23, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 15, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 4, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.032, eff. September 1, 2019.


Sec. 29.088. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide mathematics instruction to:


(1) students who are not performing at grade level in mathematics to assist those students in performing at grade level;


(2) students who are not performing successfully in a mathematics course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in mathematics.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2001, 77th Leg., ch. 834, Sec. 8, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.087 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(15), eff. Sept. 1, 2003.


Sec. 29.089. MENTORING SERVICES PROGRAM. (a) Each school district may provide a mentoring services program to students at risk of dropping out of school, as defined by Section 29.081.


(b) The commissioner, in consultation with the governor, lieutenant governor, and speaker of the house of representatives, by rule shall determine accountability standards under this section for a school district providing a mentoring services program using funds allocated under Section 48.104.


(c) The board of trustees of the district shall obtain the consent of a student's parent or guardian before allowing the student to participate in the program.


(d) The board of trustees of the district may arrange for any public or nonprofit community-based organization to come to the district's schools and implement the program.


Added by Acts 2003, 78th Leg., ch. 783, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.033, eff. September 1, 2019.


Sec. 29.090. AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION PROGRAMS. (a) A school district may provide an intensive after-school program or an intensive program during the period that school is recessed for the summer to provide science instruction to:


(1) students who are not performing at grade level in science to assist those students in performing at grade level;


(2) students who are not performing successfully in a science course to assist those students in successfully completing the course; or


(3) students other than those described by Subdivision (1) or (2), as determined by the district.


(b) Before providing a program under this section, the board of trustees of a school district must adopt a policy for:


(1) determining student eligibility for participating in the program that:


(A) prescribes the grade level or course a student must be enrolled in to be eligible; and


(B) provides for considering teacher recommendations in determining eligibility;


(2) ensuring that parents of or persons standing in parental relation to eligible students are provided notice of the program;


(3) ensuring that eligible students are encouraged to attend the program;


(4) ensuring that the program is offered at one or more locations in the district that are easily accessible to eligible students; and


(5) measuring student progress on completion of the program.


(c) The commissioner by rule shall:


(1) prescribe a procedure that a school district must follow to apply for and receive funding for a program under this section;


(2) adopt guidelines for determining which districts receive funding if there is not sufficient funding for each district that applies;


(3) require each district providing a program to report student performance results to the commissioner within the period and in the manner prescribed by the rule; and


(4) based on district reports under Subdivision (3) and any required analysis and verification of those reports, disseminate to each district in this state information concerning instructional methods that have proved successful in improving student performance in science.


(d) A program provided under this section shall be paid for with funds appropriated for that purpose.


Added by Acts 2003, 78th Leg., ch. 430, Sec. 4, eff. Sept. 1, 2003.


Renumbered from Education Code, Section 29.089 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(14-a), eff. September 1, 2005.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2066, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.091. GRANT PROGRAM FOR DISTRICTS THAT HAVE HIGH ENROLLMENT OF EDUCATIONALLY DISADVANTAGED STUDENTS AND THAT PROVIDE SUMMER INSTRUCTION. (a) In this section:


(1) "New teacher" means a teacher who:


(A) will be teaching for the first time during the next school year; or


(B) first began teaching:


(i) during the preceding two years; or


(ii) in the school district in which the teacher is currently employed during the preceding year.


(2) "Program" means the grant program for school districts to provide summer instruction primarily for students who are educationally disadvantaged, as established under this section.


(b) The commissioner shall establish and administer a competitive program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during the period in which school is recessed for the summer. The program shall be designed to:


(1) encourage participation in the program by a district's most educationally disadvantaged students;


(2) close the academic achievement gap between students who are educationally disadvantaged and students who are not educationally disadvantaged;


(3) ensure that during the period in which school is recessed for the summer, students participating in the program retain knowledge and skills learned during the school year and continue learning;


(4) provide apprenticeship, mentorship, and other professional development opportunities for new teachers and student teachers; and


(5) add to the compensation of a district's highest performing teachers by providing those teachers with summer employment teaching students, new teachers, and student teachers.


(c) To be eligible to participate in the program, a school district must:


(1) have an enrollment of students who are educationally disadvantaged that is greater than 50 percent of total district enrollment;


(2) apply to the commissioner in the manner and within the time prescribed by commissioner rule; and


(3) provide as part of the application materials a plan that is designed to achieve the purposes described by Subsections (b)(1) through (5).


(d) In selecting from among eligible school districts to participate in the program, the commissioner shall select those districts that provide plans under Subsection (c)(3) that are the most innovative and represent a variety of approaches so that the effectiveness of various plans can be compared and evaluated.


(e) A grant awarded under this section may be funded only with money appropriated for the program and any gifts, grants, or donations made to the agency that may be used for and that the commissioner applies to funding the program. The commissioner, in accordance with commissioner rule and based on the amount available for the program, shall determine the amount of each grant awarded under this section. A school district awarded a grant under this section may use the grant only for implementing and administering a plan as described by Subsection (c)(3), including providing compensation to teachers in accordance with Subsection (b)(5) and commissioner rule.


(f) Each school district participating in the program shall, in the manner and within the time prescribed by commissioner rule, provide to the agency an annual written report that includes:


(1) a detailed description of the district's plan, as implemented;


(2) the number and grade levels of participating students;


(3) demographic information for participating students, including the percentage of students of each applicable race and ethnicity, the percentage of educationally disadvantaged students, the percentage of students of limited English proficiency as defined by Section 29.052, the percentage of students enrolled in a school district special education program under Subchapter A, and the percentage of students enrolled in a district bilingual education program under Subchapter B;


(4) school attendance rates for participating students, before, during, and after program participation, as applicable;


(5) specific information that demonstrates whether the purposes described by Subsections (b)(2) and (3) have been achieved, including the results of assessment instruments administered under Section 39.023 for participating students, before, during, and after program participation, as applicable;


(6) aggregate results of assessment instruments administered under Section 39.023 for students of participating classroom teachers, new teachers, and student teachers, before, during, and after program participation by the students, as applicable;


(7) information regarding the manner in which teachers are selected for participation in the program and the manner in which teachers are compensated for their participation;


(8) statistical information for participating classroom teachers, new teachers, and student teachers, including the number of years employed in the teaching profession, the number of years teaching in the district in which the program is provided, the category and class of educator certification held, the highest level of academic degree earned, race, ethnicity, and gender;


(9) information regarding whether:


(A) the program is provided on a full-day or half-day basis;


(B) the program is voluntary or mandatory for educationally disadvantaged students;


(C) the district has partnered with an outside provider to provide any supplemental service;


(D) the district provides transportation to participating students; and


(E) the district offers the program to students who are not educationally disadvantaged and, if so, under what circumstances;


(10) information on retention in the teaching profession of the participating teachers, including new teachers and student teachers; and


(11) any other information required by commissioner rule.


(g) The agency shall contract with an experienced and recognized third-party program evaluator to determine and prepare a report regarding the effectiveness of the program. The evaluator's report must include the evaluator's best effort to project the cost and academic effects of implementing the best practices of the program in school districts throughout this state and must describe the effectiveness of the program in:


(1) improving academic performance among participating students;


(2) improving the professional development and performance of new teachers; and


(3) rewarding and retaining the highest performing teachers.


(h) Not later than November 1 of each even-numbered year, the agency shall submit to each member of the legislature a report specifically describing the results of the program. The report may be in the form of a summary of the information required under Subsections (f) and (g).


(i) The commissioner shall adopt rules as necessary to administer this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1263 (H.B. 742), Sec. 1, eff. September 1, 2013.


Sec. 29.094. INTENSIVE READING OR LANGUAGE INTERVENTION PILOT PROGRAM. (a) In this section, "pilot program" means the intensive reading or language intervention pilot program.


(b) The commissioner by rule shall establish a pilot program in which a participating campus provides intensive reading or language intervention to participating students.


(c) A campus may apply to the commissioner to participate in the pilot program. The commissioner may select for participation in the pilot program only campuses that have failed to improve student performance in reading according to standards established by the commissioner. The standards established by the commissioner for purposes of this subsection must be based on reading performance standards considered for student promotion under Section 28.021.


(d) The commissioner shall adopt minimum criteria that a program must meet to be selected by a participating campus for use in providing intensive reading or language intervention. The criteria must include neuroscience-based, scientifically validated methods, scientifically based reading interventions, or instructional tools that have been proven to accelerate language acquisition and reading proficiency for struggling readers. A participating campus shall submit a summary of the campus's proposed intensive intervention program to the commissioner for approval. The commissioner may approve only a program that follows the minimum criteria adopted under this subsection.


(e) The principal of a participating campus, in consultation with classroom teachers at the campus, shall select students to participate in the pilot program based on assessment data. Benchmark measures shall be administered at the beginning and end of the program.


(f) Not later than December 31, 2008, any vendor of an intensive intervention program approved under Subsection (d), in consultation with the agency and each school district with which the vendor contracts under this section, shall provide the legislature with a report describing student progress under the assessments administered to participating students under Subsection (e).


(g) Notwithstanding any other law, the commissioner shall provide funding for the pilot program using not more than $6 million of funding appropriated for purposes of Section 28.0211.


(h) The commissioner shall adopt rules necessary to implement this section.


(i) The commissioner shall make the pilot program available to participating campuses during the 2007-2008 and 2008-2009 school years.


Added by Acts 2005, 79th Leg., Ch. 1165 (H.B. 3468), Sec. 1, eff. September 1, 2005.


Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch. 1015 (H.B. 1270), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 34, eff. June 19, 2009.


Sec. 29.095. GRANTS FOR STUDENT CLUBS. (a) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(4), eff. June 4, 2019.


(2) "Student at risk of dropping out of school" has the meaning assigned by Section 29.081(d).


(b) The commissioner shall administer a pilot program to provide grants to school districts to fund student club activities for students at risk of dropping out of school. From funds appropriated for purposes of this subchapter, the commissioner shall spend an amount not to exceed $4 million in any state fiscal biennium on the program.


(c) The commissioner may award a grant in an amount not to exceed $5,000 in a school year to a school district on behalf of a student club at a district high school campus that is eligible under the criteria established under Section 39.408. To be eligible for a grant, the student club and the club's sponsor must be sanctioned by the campus and district. A grant awarded under this program must be matched by other federal, state, or local funds, including donations, in an amount equal to the amount of the grant. A district shall seek donations or sponsorships from local businesses or community organizations to raise the matching funds. The commissioner may award a grant on behalf of more than one student club at a campus in the same school year.


(d) The commissioner shall establish application criteria for receipt of a grant under this section. The criteria must require confirmation that the appropriate campus-level planning and decision-making committee established under Subchapter F, Chapter 11, and the school district board of trustees have approved a plan that includes:


(1) a description of the student club;


(2) a statement of the student club's goals, intent, and activities;


(3) a statement of the source of funds to be used to match the grant;


(4) a budget for the student club; and


(5) a statement showing that the student club's finances are sustainable.


(e) The commissioner shall establish the minimum requirements for a local grant agreement, including requiring:


(1) the agreement to be signed by the sponsor of a student club receiving a grant and another authorized school district officer; and


(2) the district and the student club to participate in an evaluation of the club's program and the program's effect on student achievement and dropout rates.


(f) A student club may use funds awarded under this section to support academic or co-curricular club activities, other than athletics, in which at least 50 percent of the participating students have been identified as students at risk of dropping out of school. A student club may use funds for materials, sponsor stipends, and other needs that directly support the club's activities. A student club must use the entire amount of the grant to directly fund the club's activities described in the plan approved as provided by Subsection (d). A student club may not use more than 50 percent of a grant to pay sponsor stipends.


(g) The school district board of trustees shall ensure that funds awarded under this section are expended in compliance with Subsection (f). At the end of the school year, a student club that receives a grant must submit a report to the board of trustees summarizing the club's activities and the extent to which the club met the club's goals and achieved the club's intent. The decision of the board of trustees under this subsection relating to compliance with Subsection (f) is final and may not be appealed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 35, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 36, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.03, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.096. COLLABORATIVE DROPOUT REDUCTION PILOT PROGRAM. (a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


(b) Using funds appropriated for that purpose in an amount not to exceed $4 million each year, the commissioner shall establish a pilot program under which a school district or open-enrollment charter school may receive a grant to implement a local collaborative dropout reduction program.


(c) A school district or open-enrollment charter school is eligible to participate and receive a grant under this section under the eligibility criteria established under Section 39.408.


(d) The commissioner shall establish application criteria for receiving a grant under this section. The criteria must require a school district or open-enrollment charter school that applies for a grant to collaborate with local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, and institutions of higher education to deliver proven, research-based intervention services. The goal of the program is to coordinate services and programs among local entities to:


(1) comprehensively reduce the number of students who drop out of school in that community; and


(2) increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.


(e) The commissioner shall establish minimum standards for a local collaborative agreement, including a requirement that the agreement must be signed by an authorized school district or open-enrollment charter school officer and an authorized representative of each of the other participating entities that is a partner in the collaboration. The program must:


(1) limit participation in the program to students authorized to participate by a parent or other person standing in parental relationship;


(2) have as a primary goal graduation from high school;


(3) provide for local businesses or other employers to offer paid employment or internship opportunities and advanced career and vocational training;


(4) include an outreach component and a lead educational staff member to identify and involve eligible students and public and private entities in participating in the program;


(5) serve a population of students of which at least 50 percent are identified as students at risk of dropping out of school, as described by Section 29.081(d);


(6) allocate not more than 15 percent of grant funds and matching funds, as determined by the commissioner, to administrative expenses; and


(7) include matching funds from any of the participating entities.


(f) A local collaborative agreement under this section may:


(1) be coordinated with other services provided to students or their families by public or private entities;


(2) provide for local businesses to support the program, including:


(A) encouraging employees to engage in mentoring students and other school-related volunteer activities; and


(B) using matching funds to provide paid time off for volunteer activities under Paragraph (A) and other activities related to encouraging school involvement of parents of students enrolled in the program;


(3) allow grant funds to reimburse reasonable costs of participating entities;


(4) provide for electronic course delivery by a school district, an open-enrollment charter school, or an institution of higher education; and


(5) be hosted or housed by a chamber of commerce, local workforce agency, local employer, or other public or private participating entity.


(g) The commissioner may approve innovative instructional techniques for courses in the enrichment curriculum leading to high school graduation under a local collaborative dropout reduction program and shall develop accountability measures appropriate to those programs. From funds appropriated, the commissioner may fund electronic courses that are part of a collaborative program and that are otherwise eligible for state funds. Funding for an electronic course may not exceed the total amount of state and local funding for a student to which the school district or open-enrollment charter school would otherwise be entitled.


(h) Nothing in this section authorizes the award of a high school diploma other than in compliance with Section 28.025.


(i) The commissioner shall adopt rules necessary to administer the pilot program under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 37, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 21(a), eff. June 10, 2013.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.04, eff. June 4, 2019.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 4.01(a)(4), eff. June 4, 2019.


Sec. 29.099. INTENSIVE MATHEMATICS AND ALGEBRA INTERVENTION PILOT PROGRAM. (a) In this section, "intervention program" means the intensive mathematics and algebra intervention pilot program.


(b) The commissioner by rule shall establish an intervention pilot program in which a participating district will provide:


(1) intensive mathematics intervention for students who are not performing at grade level in mathematics in grades four through seven; and


(2) algebra readiness intervention for students who are not performing at grade level in mathematics in grade eight.


(c) Districts may implement the intensive mathematics and algebra intervention pilot program at a campus whose population of at-risk students exceeds the state average proportion of at-risk students.


(d) A participating campus shall identify a student who does not perform at grade level on an assessment instrument administered under Section 39.023(a)(1), or an equivalent assessment instrument administered under Section 39.023(l), as a student eligible for participation in the intervention program. During a student's placement in the intervention program, a campus shall use progress monitoring assessments to ensure that a student is making appropriate progress in the program.


(e) The commissioner shall adopt a list of mathematics and algebra intervention programs that may be implemented by a school district and funded under this program. Programs placed on the commissioner's list will be reviewed and recommended by a panel of recognized experts in mathematics education.


(f) The commissioner shall adopt minimum criteria that a program must meet to be included on the list adopted by the commissioner. The criteria must:


(1) include comprehensive course plans and teacher guides that are organized around the essential knowledge and skills curriculum for mathematics;


(2) include technology-based supplementary instruction that can diagnose and address areas in which a student is identified to need improvement;


(3) include at least three cumulative days of training, professional development, and mentoring for teachers;


(4) provide students individual access to technology-based supplementary instruction at least 90 minutes each week;


(5) provide teachers daily access to required technology;


(6) demonstrate significant effectiveness in schools serving students identified as being at risk of dropping out of school, as described by Section 29.081(d); and


(7) be selected in consultation with the teachers at the affected campus from the list adopted pursuant to Subsection (e).


(g) The commissioner shall adopt rules necessary to implement this section.


(h) Program Evaluation. The commissioner of education shall contract for the evaluation of the effectiveness of the intervention program established under this section. The commissioner may consider centers for education research to conduct this evaluation. The evaluation shall describe progress under the assessment instruments administered under Section 39.023(a)(1) or equivalent assessment instruments administered under Section 39.023(l) to students participating in the intervention program.


(i) Report to the Legislature. Not later than December 1 of each even-numbered year, the commissioner shall prepare and deliver a report to the legislature that recommends any statutory changes the commissioner considers appropriate to promote improved mathematics and algebra readiness in Texas schools.


Added by Acts 2007, 80th Leg., R.S., Ch. 893 (H.B. 2504), Sec. 1, eff. June 15, 2007.


Renumbered from Education Code, Section 29.095 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(5), eff. September 1, 2009.


SUBCHAPTER D. EDUCATIONAL PROGRAMS FOR GIFTED AND TALENTED STUDENTS



Sec. 29.121. DEFINITION. In this subchapter, "gifted and talented student" means a child or youth who performs at or shows the potential for performing at a remarkably high level of accomplishment when compared to others of the same age, experience, or environment and who:


(1) exhibits high performance capability in an intellectual, creative, or artistic area;


(2) possesses an unusual capacity for leadership; or


(3) excels in a specific academic field.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.122. ESTABLISHMENT. (a) Using criteria established by the State Board of Education, each school district shall adopt a process for identifying and serving gifted and talented students in the district and shall establish a program for those students in each grade level. A district may establish a shared services arrangement program with one or more other districts.


(b) Each school district shall adopt a policy regarding the use of funds to support the district's program for gifted and talented students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.017, eff. June 12, 2019.


Sec. 29.123. STATE PLAN; ASSISTANCE. The State Board of Education shall develop and periodically update a state plan for the education of gifted and talented students to guide school districts in establishing and improving programs for identified students. The regional education service centers may assist districts in implementing the state plan. In addition to obtaining assistance from a regional education service center, a district may obtain other assistance in implementing the plan. The plan shall be used for accountability purposes to measure the performance of districts in providing services to students identified as gifted and talented.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.124. CERTIFICATION AND REPORTING REQUIRED. (a) Each school district shall annually certify to the commissioner that the district has established a program for gifted and talented students as required by this subchapter and that the program is consistent with the state plan developed under Section 29.123.


(b) If the commissioner determines that a school district has failed to comply with Subsection (a) for a school year, the commissioner shall reduce the total amount of funding to which the district is entitled under Chapter 48 for that school year by an amount equal to the basic allotment multiplied by the product of:


(1) 0.12; and


(2) an amount equal to five percent of the students in average daily attendance in the district.


(c) The commissioner may restore to a school district all or part of the funding withheld from the district's entitlement under Subsection (b) if during the school year the district complies with Subsection (a).


(d) At the same time that a school district makes the certification required under Subsection (a), the district shall report to the commissioner regarding the use of funds on the district's program for gifted and talented students as provided by State Board of Education rule.


(e) Nothing in this section may be construed as limiting the number of students that a school district may identify as gifted and talented or serve under the district's program for gifted and talented students.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.018, eff. June 12, 2019.


SUBCHAPTER E. KINDERGARTEN AND PREKINDERGARTEN PROGRAMS



Sec. 29.151. FREE KINDERGARTEN. The board of trustees of each school district shall establish and maintain one or more kindergartens for the training of children residing in the district who are at least five years of age on September 1 of the school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.152. OPERATION OF KINDERGARTENS ON HALF-DAY OR FULL-DAY BASIS. A public school kindergarten may be operated on a half-day or a full-day basis at the option of the board of trustees of the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Sec. 29.153. FREE PREKINDERGARTEN FOR CERTAIN CHILDREN. (a) In this section:


(1) "Child" includes a stepchild.


(2) "Parent" includes a stepparent.


(a-1) A district shall offer prekindergarten classes if the district identifies 15 or more children who are eligible under Subsection (b) and are at least four years of age. A school district may offer prekindergarten classes if the district identifies 15 or more eligible children who are at least three years of age. A district may not charge tuition for a prekindergarten class offered under this section.


(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 homeless, 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.


(c) A prekindergarten class under this section may be operated on a half-day basis for children under four years of age and shall be operated on a full-day basis for children who are at least four years of age. A district is not required to provide transportation for a prekindergarten class, but transportation, if provided, is included for funding purposes as part of the regular transportation system.


(c-1) A prekindergarten class under this section for children who are least four years of age must comply with the program standards required for high quality prekindergarten programs under Subchapter E-1.


(d) Subject to Subsections (d-1) and (d-2), on application of a district, the commissioner shall exempt a district from the application of all or any part of this section, including all or any part of Subchapter E-1 for a prekindergarten class described by Subsection (c-1), if the commissioner determines that:


(1) the district would be required to construct classroom facilities in order to provide prekindergarten classes; or


(2) implementing any part of this section would result in fewer eligible children being enrolled in a prekindergarten class under this section.


(d-1) A district may not receive an exemption under Subsection (d) unless the district has solicited and considered at a public meeting proposals for partnerships with public or private entities regarding prekindergarten classes required under this section. A decision of the board of trustees regarding a partnership described by this subsection is final.


(d-2) An exemption under Subsection (d) may not be granted for a period longer than three school years and may be renewed only once.


(e) Each school district shall develop a system to notify the population in the district with children who are eligible for enrollment in a prekindergarten class under this section of the availability of the class. The system must include public notices issued in English and Spanish.


(f) A child who is eligible for enrollment in a prekindergarten class under Subsection (b)(4) or (5) remains eligible for enrollment if the child's parent leaves the armed forces, or is no longer on active duty, after the child begins a prekindergarten class.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.019



(g) Before a school district or open-enrollment charter school may construct, repurpose, or lease a classroom facility, or issue bonds for the construction or repurposing of a classroom facility, to provide the prekindergarten classes required under this section, the district or school must solicit and consider proposals for partnerships to provide those classes with community-based child-care providers who:


(1) are a Texas Rising Star Program provider with a three-star certification or higher;


(2) are nationally accredited;


(3) are a Head Start program provider;


(4) are a Texas School Ready! participant; or


(5) meet the requirements under Section 29.1532.


Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 443 (S.B. 1679), Sec. 1



(g) A child who is eligible for enrollment in a prekindergarten class under Subsection (b) at the age of three and enrolls in a prekindergarten class at the age of three remains eligible for enrollment in a prekindergarten class for the following school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 4.01, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 6.01, eff. May 31, 2006.


Acts 2007, 80th Leg., R.S., Ch. 850 (H.B. 1137), Sec. 4, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 1(a), eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 975 (H.B. 3643), Sec. 1, eff. June 19, 2009.


Acts 2017, 85th Leg., R.S., Ch. 1141 (H.B. 357), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 443 (S.B. 1679), Sec. 1, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.07, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.019, eff. June 12, 2019.


Sec. 29.1531. TUITION-SUPPORTED AND DISTRICT-FINANCED PREKINDERGARTEN. (a) A school district may offer on a tuition basis or use district funds to provide:


(1) an additional half-day of prekindergarten classes to children who are eligible for classes under Section 29.153 and are under four years of age; and


(2) half-day and full-day prekindergarten classes to children not eligible for classes under Section 29.153.


(b) A district that offers a prekindergarten program on a tuition basis:


(1) may not adopt a tuition rate for the program that is higher than necessary to cover the added costs of providing the program, including any costs associated with collecting, reporting, and analyzing data under Section 29.1532(c); and


(2) must submit the proposed tuition rate to the commissioner for approval.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.020, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2081, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.1532. PREKINDERGARTEN PROGRAM REQUIREMENTS. (a) A school district's prekindergarten program shall be designed to develop skills necessary for success in the regular public school curriculum, including language, mathematics, and social skills.


(b) If a school district contracts with a private entity for the operation of the district's prekindergarten program, the program must at a minimum comply with the applicable child-care licensing standards adopted by the Department of Protective and Regulatory Services under Section 42.042, Human Resources Code.


(c) A school district that offers prekindergarten classes shall include the following information in the district's Public Education Information Management System (PEIMS) report:


(1) demographic information, as determined by the commissioner, on students enrolled in district and campus prekindergarten classes, including the number of students who are eligible for classes under Section 29.153;


(2) the numbers of half-day and full-day prekindergarten classes offered by the district and campus;


(3) the number of half-day prekindergarten classes for which the district has received an exemption from full-day operation under Section 29.153(d);


(4) the sources of funding for the prekindergarten classes;


(5) the class size and ratio of instructional staff to students for each prekindergarten program class offered by the district and campus;


(6) if the district elects to administer an assessment instrument under Section 29.169 to students enrolled in district and campus prekindergarten program classes, a description and the results of each type of assessment instrument; and


(7) curricula used in the district's prekindergarten program classes.


(d) Information required under this section to be included in a school district's Public Education Information Management System (PEIMS) report may not be used for purposes of determining a district's accreditation or a campus or district performance rating under Subchapter C, Chapter 39.


Added by Acts 2001, 77th Leg., ch. 596, Sec. 1, eff. June 11, 2001.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 4, eff. May 28, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.021, eff. June 12, 2019.


Sec. 29.1533. ESTABLISHMENT OF NEW PREKINDERGARTEN PROGRAM. Before establishing a new prekindergarten program, a school district shall consider the possibility of sharing use of an existing Head Start or other child-care program site as a prekindergarten site.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 1, eff. Sept. 1, 2003.


Sec. 29.1534. NOTIFICATION OF PREKINDERGARTEN PROGRAMS. (a) In this section, "prekindergarten program" includes prekindergarten programs provided by a private entity through a partnership with the school district.


(b) The agency shall develop joint strategies with other state agencies regarding methods to increase community awareness of prekindergarten programs through programs that provide information relating to public assistance programs.


(c) The agency may develop outreach materials for use by school districts to increase community awareness of prekindergarten programs.


(d) Expired.


(e) The agency shall provide information to school districts regarding effective methods to communicate to the parent of an eligible child the availability of prekindergarten programs, including information regarding prekindergarten programs through public, private, and nonprofit institutions that provide assistance and support to families with children eligible for prekindergarten programs.


Added by Acts 2009, 81st Leg., R.S., Ch. 592 (H.B. 136), Sec. 1, eff. September 1, 2009.


Sec. 29.154. EVALUATION OF PREKINDERGARTEN PROGRAMS. The commissioner of education, in consultation with the commissioner of human services, shall monitor and evaluate prekindergarten programs as to their developmental appropriateness. The commissioners shall also evaluate the potential for coordination on a statewide basis of prekindergarten programs with government-funded early childhood care and education programs such as child care administered under Chapter 44, Human Resources Code, and federal Head Start programs. That evaluation shall use recommendations contained in the report to the 71st Legislature required by Chapter 717, Acts of the 70th Legislature, Regular Session, 1987. For the purpose of providing cost-effective care for children during the full workday with developmentally appropriate curriculum, the commissioners shall investigate the use of existing child-care program sites as prekindergarten sites. Following the evaluation required by this section, the commissioners, in cooperation with school districts and other program administrators, shall integrate programs, staff, and program sites for prekindergarten, child-care, and federal Head Start programs to the greatest extent possible.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall produce and make available to the public on the agency's Internet website annual district and campus-level reports containing information from the previous school year on early education in school districts and open-enrollment charter schools. A report under this section must contain:


(1) the information required by Section 29.1532(c) to be reported through the Public Education Information Management System (PEIMS);


(2) a description of the diagnostic reading instruments administered in accordance with Section 28.006(c) or (c-2);


(3) the number of students who were administered a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2);


(4) the number of students whose scores from a diagnostic reading instrument administered in accordance with Section 28.006(c) or (c-2) indicate reading proficiency;


(5) the number of kindergarten students who were enrolled in a prekindergarten program in the previous school year in the same district or school as the district or school in which the student attends kindergarten;


(6) the number and percentage of students who perform satisfactorily on the third grade reading or mathematics assessment instrument administered under Section 39.023, disaggregated by whether the student was eligible for free prekindergarten under Section 29.153;


(7) the number of students described by Subdivision (6) who attended kindergarten in the district, disaggregated by:


(A) whether the student met the kindergarten readiness standard on the reading instrument adopted under Section 28.006;


(B) whether the student attended prekindergarten in the district; and


(C) the type of prekindergarten the student attended, if applicable; and


(8) the information described by Subdivisions (6) and (7) disaggregated by whether the student is educationally disadvantaged.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 5, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.022, eff. June 12, 2019.


Sec. 29.1544. REPORTING OF CERTAIN INFORMATION REGARDING PREKINDERGARTEN PROGRAMS; AGENCY REPORT. (a) The agency by rule shall require each school district that offers a prekindergarten program under Section 29.153 and each private entity that provides a prekindergarten program under contract with a school district to report the following information in the form and manner prescribed by the agency for each prekindergarten class offered by the district or private entity:


(1) the number of students in each prekindergarten class;


(2) the number of certified teachers in each prekindergarten class;


(3) the number of teacher's aides in each prekindergarten class;


(4) whether each prekindergarten class is full-day or half-day; and


(5) if the district offers half-day classes, whether the district offers two half-day classes per day.


(b) From the information submitted under Subsection (a), the agency shall determine the total number of teachers and teacher's aides in prekindergarten classes in this state.


(c) From the information submitted under Subsection (a) and for purposes of calculating the student/teacher ratio for each prekindergarten class offered by a school district or private entity that provides a prekindergarten program under contract with a school district, the agency shall count each teacher or teacher's aide:


(1) once for a full-day class; and


(2) twice for a half-day class if the district offers two half-day classes per day.


(d) Not later than August 1 of each year, the agency shall prepare and submit a report to the legislature based on the information collected under Subsection (a).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.023, eff. June 12, 2019.


Sec. 29.155. KINDERGARTEN AND PREKINDERGARTEN GRANTS. (a) From amounts appropriated for the purposes of this section, the commissioner may make grants to school districts and open-enrollment charter schools to implement or expand kindergarten and prekindergarten programs by:


(1) operating an existing half-day kindergarten or prekindergarten program on a full-day basis; or


(2) implementing a prekindergarten program at a campus that does not have a prekindergarten program.


(b) A school district or open-enrollment charter school may use funds received under this section to employ teachers and other personnel for a kindergarten or prekindergarten program and acquire curriculum materials or equipment, including computers, for use in kindergarten and prekindergarten programs.


(c) To be eligible for a grant under this section, a school district or open-enrollment charter school must apply to the commissioner in the manner and within the time prescribed by the commissioner.


(d) In awarding grants under this section, the commissioner shall give priority to districts and open-enrollment charter schools in which the level of performance of students on the assessment instruments administered under Section 39.023 to students in grade three is substantially below the average level of performance on those assessment instruments for all school districts in the state.


(e) The commissioner may adopt rules to administer this section.


(f) Notwithstanding Section 7.056(e)(3)(I), the commissioner may waive a requirement prescribed by this subchapter to the extent necessary to implement a grant awarded under this section or Section 29.156.


(g) From amounts appropriated for the purposes of this subsection, the commissioner may also provide for:


(1) coordinating early childhood care and education programs;


(2) developing and disseminating for programs described by Subdivision (1) prekindergarten instructional materials and school-readiness information for parents; and


(3) developing standards for model early childhood care and education coordination.


(h) The model program standards developed under Subsection (g) must focus on pre-literacy skills, including language acquisition, vocabulary development, and phonological awareness.


(i) In carrying out the purposes of Subsection (g), a school district or open-enrollment charter school may use funds granted to the district or school under this subsection in contracting with another entity, including a private entity.


(j) If a school district or open-enrollment charter school returns to the commissioner funds granted under this section, the commissioner may grant those funds to another entity, including a private entity, for the purposes of Subsection (g).


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 790, Sec. 2, eff. Sept. 1, 2003.


Sec. 29.156. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START. (a) From funds appropriated for the purpose, the commissioner shall make grants for use in providing an educational component to federal Head Start programs or similar government-funded early childhood care and education programs.


(b) The commissioner shall adopt rules for implementation of this section, including rules prescribing eligibility criteria for receipt of a grant and for expenditure of grant funds.


Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.01, eff. Sept. 1, 1999.


Sec. 29.1561. ADMINISTRATION OF EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS. (a) The commissioner may waive a law or rule relating to early childhood care and education programs:


(1) to the extent that the law or rule is more restrictive than required by federal law; or


(2) to the extent necessary to comply with federal law.


(b) Notwithstanding any restriction imposed by this title, the commissioner may administer grants for early childhood care and education programs under Section 29.155 or 29.156, including Head Start and Early Head Start programs, in a manner that provides the greatest flexibility allowed under federal law.


(c) The commissioner by rule may establish a program to provide incentives to providers of early childhood care and education programs that, to the greatest extent practicable, provide coordinated services authorized under Section 29.158(c).


Added by Acts 2003, 78th Leg., ch. 790, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 1, eff. September 1, 2005.


Sec. 29.157. READY TO READ GRANTS. (a) From funds appropriated for the purpose, the commissioner shall make grants as provided by this section in support of pre-reading instruction.


(b) The commissioner shall establish a competitive grant program for distribution of at least 95 percent of the available appropriated funds. Grants shall be used to provide scientific, research-based pre-reading instruction for the purpose of directly improving pre-reading skills and for identifying cost-effective models for pre-reading intervention. The commissioner shall distribute the grants in amounts not less than $50,000 or more than $150,000 to eligible applicants to be used for:


(1) professional staff development in pre-reading instruction;


(2) pre-reading curriculum and materials;


(3) pre-reading skills assessment materials; and


(4) employment of pre-reading instructors.


(c) A public school operating a prekindergarten program, or an eligible entity as defined by Section 12.101(a) that provides a preschool instruction program and that meets qualifications prescribed by the commissioner, is eligible to apply for a grant if at least 75 percent of the children enrolled in the program are low-income students, as determined by rule of the commissioner.


(d) As a condition to receiving a grant, an applicant must commit public or private funds matching the grant in a percentage set by the commissioner. The commissioner shall determine the required percentage of matching funds based on the demonstrated economic capacity of the community served by the program to raise funds for the purpose of matching the grant, as determined by the commissioner. Matching funds must equal at least 30 percent, but not more than 75 percent, of the amount of the grant.


(e) The commissioner shall develop and implement performance measures for evaluating the effectiveness of grants under this section. Those measures must correlate to other reading diagnostic assessments used in public schools in kindergarten through the second grade.


(f) The commissioner may adopt rules as necessary for the administration of this section.


Added by Acts 1999, 76th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 29.155 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(17), eff. Sept. 1, 2001.


Sec. 29.158. COORDINATION OF SERVICES. (a) In a manner consistent with federal law and regulations, each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall coordinate with the agency, the Texas Workforce Commission, and local workforce development boards regarding subsidized child-care services.


(b) The coordination required by this section must include:


(1) providing to an applicant for a child-care service information regarding:


(A) child-care resource and referral agencies serving the applicant's community;


(B) information and referral providers serving the applicant's community; or


(C) the prekindergarten program, local child-care and development fund contractor, or Head Start program administrator serving the applicant's community; and


(2) coordinating to ensure, to the extent practicable, that full-day, full-year child-care services are available to meet the needs of low-income parents who are working or participating in workforce training or workforce education.


(c) The coordination required by this section may also include:


(1) cooperating with each state agency regarding child-care or child-development studies conducted by that agency;


(2) collecting data necessary to determine a child's eligibility for subsidized child-care services or a prekindergarten, Head Start or Early Head Start, or after-school child-care program, to the extent that the collection of data does not violate the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);


(3) cooperating to provide for staff training and professional development activities;


(4) identifying and developing methods for the collaborative provision of subsidized child-care services and prekindergarten, Head Start or Early Head Start, or after-school child-care program services, including:


(A) operating a combined system for eligibility determination or registration processes so that an applicant may apply for all services available in an applicant's community through a single point of access;


(B) sharing facilities or staff; and


(C) increasing the enrollment capacity of those programs;


(5) identifying child-care facilities located in close proximity to prekindergarten, Head Start or Early Head Start, or after-school child-care programs;


(6) coordinating transportation between child-care facilities identified under Subdivision (5) and a prekindergarten, Head Start or Early Head Start, or after-school child-care program; and


(7) coordinating with the State Center for Early Childhood Development to develop longitudinal studies to measure the effects of quality early childhood care and education programs on educational achievement, including high school performance and completion.


(d) In coordinating child-care services under this section and in making any related decision to contract with another provider for child-care services, the agency, Texas Workforce Commission, local workforce development boards, and each prekindergarten program provider, Head Start and Early Head Start program provider, and provider of an after-school child-care program provided at a school shall consider the quality of the services involved in the proposed coordination or contracting decision and shall give preference to services of the highest quality. Any appropriate indicator of quality services may be considered under this subsection, including whether the provider of the services:


(1) meets Texas Rising Star Program certification criteria;


(2) is accredited by a nationally recognized accrediting organization approved by the Texas Workforce Commission and the Department of Family and Protective Services;


(3) meets standards developed by the State Center for Early Childhood Development; or


(4) has achieved any other measurable target relevant to improving the quality of child care in this state.


(e) Any coordination required by this section that involves a prekindergarten program must be approved by the commissioner.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 241 (H.B. 376), Sec. 1, eff. September 1, 2013.


Sec. 29.159. PROVISION OF CERTAIN INFORMATION. (a) Except as otherwise provided by this section, each provider of government-funded child-care services shall, at the time that a child is enrolled with the provider, furnish to the child's parent information regarding:


(1) effective early education settings; and


(2) any indicators that a child is ready for kindergarten that have been developed at the time the child is enrolled.


(b) If a provider does not have sufficient resources to provide the information specified by Subsection (a), the provider shall:


(1) furnish the parent with the appropriate telephone numbers or Internet sites through which the parent may obtain the information; or


(2) refer the parent to a local child-care resource and referral agency.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Sec. 29.160. DEMONSTRATION PROJECTS. (a) The State Center for Early Childhood Development, in conjunction with a school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization, may develop a quality rating system demonstration project under which prekindergarten program providers, licensed child-care facilities, or Head Start and Early Head Start program providers are assessed under a quality rating system.


(b) In developing the quality rating system demonstration project, the State Center for Early Childhood Development is entitled to:


(1) reasonable access to the sites at which the programs to be rated are operated, which may include sites under the authority of school districts or the Department of Protective and Regulatory Services; and


(2) technical assistance and support from the agency, the Texas Workforce Commission, and the Department of Protective and Regulatory Services to the extent that those agencies have the ability to provide assistance and support using existing agency resources.


(c) A school district, regional education service center, institution of higher education, local government, local workforce development board, or community organization may develop one or more coordination-of-resources demonstration projects under which government-funded child-care and early education services, including Head Start and Early Head Start, prekindergarten, and after-school child-care program services, child-care services provided by nonprofit or for-profit entities, and faith-based child-care programs, are operated in a coordinated and integrated manner. An entity that develops a proposed demonstration project under this subsection must obtain approval of the project from the state agency or agencies with regulatory jurisdiction over the subject matter involved in the project. Approval of a project under this subsection must be made contingent on development of a memorandum of understanding regarding the child-care and early education coordination and integration that is:


(1) entered into by each entity participating in the project;


(2) certified by the State Center for Early Childhood Development as meeting any standards developed under Section 29.155(g); and


(3) consistent with the applicable provisions of this section and applicable laws and regulations in a manner that at a minimum maintains existing child-care and early education program requirements and does not waive any existing health and safety standards.


(c-1) The memorandum of understanding required under Subsection (c) shall provide for:


(1) equal decision-making authority for entities participating in the project;


(2) uniform eligibility criteria for the project to the extent authorized by state and federal law;


(3) development of streamlined enrollment procedures and simplified forms for children eligible for services under the project;


(4) strategies for the colocation and management of staff and for facilitation of effective communication among staff members;


(5) alignment and coordination of program calendars;


(6) delineation of responsibilities for the provision of instructional supplies and materials and food services;


(7) development and implementation of a system by which eligible children are referred for services among the participating entities in a manner that complies with applicable laws and regulations;


(8) periodic meetings of the participating entities to address concerns relating to the administration and operation of the project; and


(9) periodic meetings of the participating entities to address common standards for the professional development of program staff and to create opportunities to ensure that local communities have effective program staff.


(c-2) A demonstration project established under Subsection (c) must include a program evaluation component that, in addition to assessing child-care and early education outcomes for young children, demonstrates:


(1) the extent to which program quality has been enhanced;


(2) the extent to which the number of children being served by full-day, full-year programs has increased;


(3) the extent to which professional development training or activities engaged in by program staff has increased; and


(4) that there has been no weakening of standards or diminishment of services.


(d) An entity that obtains approval of a coordination-of-resources demonstration project is entitled to a waiver or modification of any existing rule, policy, or procedure of the agency, the Texas Workforce Commission, or the Department of Protective and Regulatory Services that impairs the coordinated provision of government-funded child-care services, provided that the waiver or modification does not adversely affect the health, safety, or welfare of the children receiving services under the project. In addition, if applicable, the appropriate state agency must seek on behalf of the entity any available federal waiver from a federal rule, policy, or procedure imposed in connection with a Head Start program that impairs the coordinated provision of government-funded child-care services. Not later than the 30th day after the date on which a state agency becomes aware of an applicable federal waiver under this subsection, the state agency shall notify the appropriate entity of the date by which the state agency intends to seek the waiver.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(2), eff. September 1, 2013.


Added by Acts 2003, 78th Leg., ch. 790, Sec. 4, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 2, eff. September 1, 2005.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(2), eff. September 1, 2013.


Sec. 29.161. SCHOOL READINESS CERTIFICATION SYSTEM. (a) The State Center for Early Childhood Development, in conjunction with the P-16 Council established under Section 61.076, shall develop and adopt a school readiness certification system for use in certifying the effectiveness of prekindergarten programs, Head Start and Early Head Start programs, government-subsidized child-care programs provided by nonprofit or for-profit entities, government-subsidized faith-based child-care programs, and other government-subsidized child-care programs in preparing children for kindergarten. The system shall be made available on a voluntary basis to program providers seeking to obtain certification as evidence of the quality of the program provided.


(b) In developing and adopting the system, the center shall seek the active participation of all interested stakeholders, including parents and program providers.


(c) The system must:


(1) be reflective of research in the field of early childhood care and education;


(2) be well-grounded in the cognitive, social, and emotional development of young children;


(3) apply a common set of criteria to each program provider seeking certification, regardless of the type of program or source of program funding; and


(4) be capable of fulfilling the reporting and notice requirements of Sections 28.006(d) and (g).


(d) The agency shall collect each student's raw score results on the reading instrument administered under Section 28.006 from each school district using the system created under Subsection (a) and shall contract with the State Center for Early Childhood Development for purposes of this section.


(e) The State Center for Early Childhood Development shall, using funds appropriated for the school readiness certification system, provide the system created under Subsection (a) to each school district to report each student's raw score results on the reading instrument administered under Section 28.006.


(f) The agency shall:


(1) provide assistance to the State Center for Early Childhood Development in developing and adopting the school readiness certification system under this section, including providing access to data for the purpose of locating the teacher and campus of record for students; and


(2) require confidentiality and other security measures for student data provided to the State Center for Early Childhood Development as the agency's agent, consistent with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).


Added by Acts 2005, 79th Leg., Ch. 275 (S.B. 23), Sec. 3, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.005, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1340 (S.B. 1871), Sec. 3, eff. June 15, 2007.


Sec. 29.162. RULES. (a) The commissioner may adopt rules for this subchapter, including rules establishing full-day and half-day minutes of operation requirements as provided by Section 25.081.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 5, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.024, eff. June 12, 2019.


SUBCHAPTER E-1. HIGH QUALITY PREKINDERGARTEN PROGRAM REQUIREMENTS



Sec. 29.164. DEFINITION. In this subchapter, "program" means a high quality prekindergarten program required under Section 29.153(c-1) to be provided free of tuition or fees in accordance with this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.026, eff. June 12, 2019.


Sec. 29.167. HIGH QUALITY CURRICULUM AND TEACHER REQUIREMENTS. (a) A school district shall select and implement a curriculum for a prekindergarten program that:


(1) includes the prekindergarten guidelines established by the agency;


(2) measures the progress of students in meeting the recommended learning outcomes; and


(3) does not use national curriculum standards developed by the Common Core State Standards Initiative.


(b) Each teacher for a prekindergarten program class must:


(1) be certified under Subchapter B, Chapter 21; and


(2) have one of the following additional qualifications:


(A) a Child Development Associate (CDA) credential or another early childhood education credential approved by the agency;


(B) certification offered through a training center accredited by Association Montessori Internationale or through the Montessori Accreditation Council for Teacher Education;


(C) at least eight years' experience of teaching in a nationally accredited child care program;


(D) be employed as a prekindergarten teacher in a school district that has received approval from the commissioner for the district's prekindergarten-specific instructional training plan that the teacher uses in the teacher's prekindergarten classroom; or


(E) an equivalent qualification.


(c) A school district may allow a teacher employed by the district to receive the training required to be awarded a Child Development Associate (CDA) credential from a regional education service center that offers the training in accordance with Section 8.058. Training may not include national curriculum standards developed by the Common Core State Standards Initiative.


(d) A school district must attempt to maintain an average ratio in any prekindergarten program class of not less than one certified teacher or teacher's aide for each 11 students.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.027, eff. June 12, 2019.


Sec. 29.168. FAMILY ENGAGEMENT PLAN. (a) A school district shall develop and implement a family engagement plan to assist the district in achieving and maintaining high levels of family involvement and positive family attitudes toward education. The family engagement plan must be based on family engagement strategies established under Subsection (b).


(b) The agency shall collaborate with other state agencies, including the Health and Human Services Commission, that provide services for children from birth through five years of age to establish prioritized family engagement strategies to be included in a school district's family engagement plan. A parent-teacher organization, community group, or faith-based institution may submit to the agency recommendations regarding the establishment of family engagement strategies, and the agency, in establishing the family engagement strategies, shall consider any received recommendations. The engagement strategies must:


(1) be based on empirical research;


(2) be proven to demonstrate significant positive short-term and long-term outcomes for early childhood education; and


(3) include programs and interventions that engage a family in supporting a student's learning at home.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 1027 (H.B. 1593), Sec. 1, eff. June 15, 2017.


Sec. 29.169. PROGRAM EVALUATION. (a) A school district shall:


(1) select and implement appropriate methods for evaluating the district's program classes by measuring student progress; and


(2) make data from the results of program evaluations available to parents.


(b) A school district may administer diagnostic assessments to students in a program class to evaluate student progress as required by Subsection (a) but may not administer a state standardized assessment instrument.


(c) An assessment instrument administered to a prekindergarten program class must be selected from a list of appropriate prekindergarten assessment instruments identified by the commissioner.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


For expiration of this section, see Subsection (c).



Sec. 29.170. PROGRAM FUNDING EVALUATION. (a) The commissioner shall evaluate the use and effectiveness of prekindergarten funding in improving student learning. The commissioner shall identify effective instruction strategies implemented by school districts under this subchapter.


(b) Beginning in 2018, not later than December 1 of each even-numbered year, the commissioner shall deliver a report to the legislature containing the results of the evaluation.


(c) This section expires December 31, 2024.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.028, eff. June 12, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 2081, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.171. ELIGIBLE PRIVATE PROVIDERS. (a) A school district that offers a prekindergarten program under this subchapter may enter into a contract with an eligible private provider to provide services or equipment for the program.


(1) be accredited by a research-based, nationally recognized, and universally accessible accreditation system approved by the commissioner;


(2) be a Texas Rising Star Program provider with a three-star certification or higher;


(3) be a Texas School Ready! participant;


(4) have an existing partnership with a school district to provide a prekindergarten program not provided under this subchapter; or


(5) be accredited by an organization that is recognized by the Texas Private School Accreditation Commission.


(c) A prekindergarten program provided by a private provider under this section is subject to the requirements of this subchapter.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.029, eff. June 12, 2019.


Sec. 29.172. RULES. (a) The commissioner may adopt rules necessary to implement this subchapter.


(b) Section 2001.0045, Government Code, does not apply to rules adopted under this section.


Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 7, eff. May 28, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.030, eff. June 12, 2019.


SUBCHAPTER F. CAREER AND TECHNOLOGY EDUCATION PROGRAM



Sec. 29.181. PUBLIC EDUCATION CAREER AND TECHNOLOGY EDUCATION GOALS. Each public school student shall master the basic skills and knowledge necessary for:


(1) managing the dual roles of family member and wage earner; and


(2) gaining entry-level employment in a high-skill, high-wage job or continuing the student's education at the postsecondary level.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.182. STATE PLAN FOR CAREER AND TECHNOLOGY EDUCATION. (a) The agency shall prepare and biennially update a state plan for career and technology education that sets forth objectives for career and technology education for the next biennium and long-term goals for the following five years.


(b) The state plan must include procedures designed to ensure that:


(1) all secondary and postsecondary students have the opportunity to participate in career and technology education programs;


(2) the state complies with requirements for supplemental federal career and technology education funding;


(3) career and technology education is established as a part of the total education system of this state and constitutes an option for student learning that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may receive specific education in a career and technology program that:


(A) incorporates competencies leading to academic and technical skill attainment;


(B) leads to:


(i) an industry-recognized license, credential, or certificate; or


(ii) at the postsecondary level, an associate or baccalaureate degree;


(C) includes opportunities for students to earn college credit for coursework; and


(D) includes, as an integral part of the program, participation by students and teachers in activities of career and technical student organizations supported by the agency and the State Board of Education; and


(4) a school district provides, to the greatest extent possible, to a student participating in a career and technology education program opportunities to enroll in dual credit courses designed to lead to a degree, license, or certification as part of the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 41, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 22, eff. June 10, 2013.


Sec. 29.183. CAREER AND TECHNOLOGY AND OTHER EDUCATIONAL PROGRAMS. (a) The board of trustees of a school district may conduct and supervise career and technology classes and other educational programs for students and for other persons of all ages and spend local maintenance funds for the cost of those classes and programs.


(b) In developing a career and technology program, the board of trustees shall consider the state plan for career and technology education required under Section 29.182.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.184. CONTRACTS WITH OTHER SCHOOLS FOR CAREER AND TECHNOLOGY CLASSES. (a) The board of trustees of a school district may contract with another school district or with a public or private postsecondary educational institution or trade or technical school that is regulated by this state, as designated in the state plan for career and technology education required under Section 29.182, to provide career and technology classes for students in the district.


(b) A student who attends career and technology classes at another school under a contract authorized by Subsection (a) is included in the average daily attendance of the district in which the student is regularly enrolled.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.185. CAREER AND TECHNOLOGY PROGRAM REQUIREMENTS AND PROCEDURES. (a) The agency shall prescribe requirements for career and technology education in public schools as necessary to comply with federal law.


(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 446 (S.B. 1410), Sec. 1, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 5(1), eff. September 1, 2017.


Sec. 29.187. AWARD FOR DISTINGUISHED ACHIEVEMENT IN CAREER AND TECHNOLOGY EDUCATION; PROGRAM. (a) In addition to the authority granted under Section 29.183, the board of trustees of a school district may develop and offer a program that provides a rigorous course of study consistent with the required curriculum under Section 28.002 and under which a student may:


(1) receive specific education in a career and technology profession that:


(A) leads to postsecondary education; or


(B) meets or exceeds business or industry standards; and


(2) obtain from the district an award for distinguished achievement in career and technology education and a stamp or other notation on the student's transcript that indicates receipt of the award.


(b) An award granted under this section is not in lieu of a diploma or certificate of coursework completion issued under Section 28.025.


(c) In developing a program under this section, the board of trustees of a school district shall consider the state plan for career and technology education required under Section 29.182.


(d) The board of trustees of a school district may contract with an entity listed in Section 29.184(a) for assistance in developing the program or providing instruction to district students participating in the program.


(e) The board of trustees of a school district may also contract with a local business or a local institution of higher education for assistance in developing or operating a program under this section. A program may provide education in areas of technology unique to the local area.


(f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


(g) If a business that contracts with a district under Subsection (e) obtains any insurance related to the student other than liability insurance, any proceeds of the insurance must be used for the benefit of the student and the student's family.


(h) The board of trustees of a school district must submit a proposed program under this section to the commissioner of education in accordance with criteria established by the commissioner.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 3, eff. May 16, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 2, eff. May 26, 2017.


Sec. 29.188. RECOGNITION OF SUCCESSFUL CAREER AND TECHNOLOGY EDUCATION PROGRAM. The governor is encouraged to present a proclamation or certificate to each member of the business and industry community that the Texas Workforce Commission, in cooperation with the agency, determines has successfully assisted in the provision of a career and technology education program under this subchapter.


Added by Acts 2003, 78th Leg., ch. 61, Sec. 4, eff. Sept. 1, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3938, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.189. INVENTORY OF CREDENTIALS AND CERTIFICATES. (a) In this section:


(1) "Commission" means the Texas Workforce Commission.


(2) "Coordinating board" means the Texas Higher Education Coordinating Board.


(b) The agency, the coordinating board, and the commission shall jointly develop and post on their respective Internet websites an inventory of industry-recognized credentials and certificates that may be earned by a public high school student through a career and technology education program and that:


(1) are aligned to state and regional workforce needs; and


(2) serve as an entry point to middle- and high-wage jobs.


(c) The inventory must include for each credential or certificate:


(1) the associated career cluster;


(2) the awarding entity;


(3) the level of education required and any additional requirements for the credential or certificate;


(4) any fees for obtaining the credential or certificate; and


(5) the average wage or salary for jobs that require or prefer the credential or certificate.


(d) Each year, the agency, the coordinating board, and the commission jointly shall:


(1) review and, if necessary, update the inventory; and


(2) provide a copy of the inventory to each school district and public institution of higher education that offers a career and technology education program to public high school students.


Added by Acts 2017, 85th Leg., R.S., Ch. 494 (H.B. 2729), Sec. 1, eff. June 9, 2017.


Sec. 29.190. SUBSIDY FOR CERTIFICATION EXAMINATION.


(a) A student is entitled to a subsidy under this section if:


(1) the student:


(A) successfully completes the career and technology program of a school district in which the student receives training and instruction for employment; or


(B) is enrolled in a special education program under Subchapter A; and


(2) the student passes a certification examination to qualify for a license or certificate that is an industry certification for purposes of Section 39.053(c)(1)(B)(v), administered while the student is enrolled in a school district.


(a-1) A student may not receive more than one subsidy under this section.


(b) A teacher is entitled to a subsidy under this section if the teacher passes a certification examination related to cybersecurity.


(c) On approval by the commissioner, the agency shall pay each school district an amount equal to the cost paid by the district for a certification examination under this section. To obtain reimbursement for a subsidy paid under this section, a district must:


(1) pay the fee for the examination; and


(2) submit to the commissioner a written application on a form prescribed by the commissioner stating the amount of the fee paid under Subdivision (1) for the certification examination.


(d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 211, Sec. 78(a)(1), eff. September 1, 2013.


Added by Acts 2007, 80th Leg., R.S., Ch. 1225 (H.B. 2383), Sec. 1, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 22, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 23(a), eff. June 10, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 78(a)(1), eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 1088 (H.B. 3593), Sec. 3, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.031, eff. June 12, 2019.


Sec. 29.191. ACCIDENT, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident, liability, or automobile insurance coverage to protect:


(1) a business or entity that participates with the district or school to provide district or school students a career and technology program; and


(2) a district or school student who participates in a district or school career and technology program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) for a district, provided through the district's self-funded risk pool.


(c) The amount of coverage a district or school obtains:


(1) must be reasonable considering the financial condition of the district or school; and


(2) may not exceed the amount that is reasonably necessary in the opinion of, as applicable, the board of trustees of the district or the governing body of the school.


(d) If the board of trustees of a district or the governing body of a school obtains accident, liability, or automobile insurance coverage under this section, an administrator designated by the board of trustees of the district or governing body of the school, as applicable, shall notify the parent or guardian of each student participating in the career and technology program.


(e) A district or school may not directly or indirectly charge a student or the student's parent or guardian for the cost of providing to the student insurance under this section.


(f) The failure of any board of trustees of a district or the governing body of a school to obtain coverage authorized by this section or to obtain a specific amount of coverage under this section may not be construed as placing any legal liability on, as applicable, the district or the district's officers, agents, or employees or the school or the school's officers, agents, or employees.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.192. IMMUNITY FROM LIABILITY. A student who participates in a career and technology program approved by a school district or an open-enrollment charter school is entitled to immunity in the same manner provided under Section 22.053 as a volunteer who is serving as a direct service volunteer of a district or school.


Added by Acts 2017, 85th Leg., R.S., Ch. 122 (H.B. 639), Sec. 1, eff. May 26, 2017.


Sec. 29.194. SUMMER CAREER AND TECHNOLOGY EDUCATION GRANT PROGRAM. (a) From funds appropriated or available for the purpose, the commissioner, in cooperation with an appropriate private entity, shall establish a grant program to provide funding to school districts for career and technology education courses offered during the summer.


(b) The commissioner may solicit and accept gifts, donations, or other contributions for the grant program established under this section.


(c) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.032, eff. June 12, 2019.


SUBCHAPTER G. PUBLIC EDUCATION GRANT PROGRAM



Sec. 29.201. PARENTAL CHOICE. Notwithstanding any other provision of this code, as provided by this subchapter an eligible student may attend a public school in the district in which the student resides or may use a public education grant to attend any other district chosen by the student's parent.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1365, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.202. ELIGIBILITY. (a) A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus assigned an unacceptable performance rating that is made publicly available under Section 39.054 for:


(1) the student achievement domain under Section 39.053(c)(1); and


(2) the school progress domain under Section 39.053(c)(2).


(b) After a student has used a public education grant to attend a school in a district other than the district in which the student resides:


(1) the student does not become ineligible for the grant if the school on which the student's initial eligibility is based no longer meets the criteria under Subsection (a); and


(2) the student becomes ineligible for the grant if the student is assigned to attend a school that does not meet the criteria under Subsection (a).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 767, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 342, Sec. 3, eff. Sept. 1, 2003.


Amended by:


Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.08, eff. May 31, 2006.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 42, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.007, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 5, eff. June 15, 2017.


Sec. 29.203. FINANCING. (a) A student who under this subchapter uses a public education grant to attend a public school in a school district other than the district in which the student resides is included in the average daily attendance of the district in which the student attends school.


(c) A school district is entitled to additional facilities assistance under Section 48.301 if the district agrees to:


(1) accept a number of students using public education grants that is at least one percent of the district's average daily attendance for the preceding school year; and


(2) provide services to each student until the student either voluntarily decides to attend a school in a different district or graduates from high school.


(d) A school district chosen by a student's parent under Section 29.201 is entitled to accept or reject the application for the student to attend school in that district but may not use criteria that discriminate on the basis of a student's race, ethnicity, academic achievement, athletic abilities, language proficiency, sex, or socioeconomic status. A school district that has more acceptable applicants for attendance under this subchapter than available positions must give priority to students at risk of dropping out of school as defined by Section 29.081 and must fill the available positions by lottery. However, to achieve continuity in education, a school district may give preference over at-risk students to enrolled students and to the siblings of enrolled students residing in the same household or other children residing in the same household as enrolled students for the convenience of parents, guardians, or custodians of those children.


(e) A school district chosen by a student's parent under Section 29.201 may not charge the student tuition.


(f) The school district in which a student resides shall provide each student attending a school in another district under this subchapter transportation free of charge to and from the school the student would otherwise attend.


(g) In this section:


(1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


(2) "Guaranteed local revenue level" means a local revenue level equal to the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort, as provided by Section 48.202, multiplied by 10,000.


(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 722, Sec. 2, eff. Sept. 1, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.034, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.035, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(16), eff. September 1, 2019.


Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of each year the commissioner shall, based on the most recent information available, provide notice to each school district in which a campus described by Section 29.202 is located that:


(1) identifies each campus in the district that meets the description in Section 29.202; and


(2) informs the district that the district must comply with Subsection (b).


(b) Not later than February 1 of each year, a school district shall notify the parent of each student in the district assigned to attend a campus described by Section 29.202 that the student is eligible for a public education grant. The notice must contain a clear, concise explanation of the public education grant program and of the manner in which the parent may obtain further information about the program.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 3, eff. Sept. 1, 1997.


Sec. 29.205. CONTRACT AUTHORITY. The board of trustees of a school district may contract under Section 11.157 for the provision of educational services to a district student eligible to receive a public education grant under Section 29.202.


Added by Acts 1997, 75th Leg., ch. 722, Sec. 4, eff. Sept. 1, 1997.


SUBCHAPTER H. COMMUNITY



EDUCATION PROGRAMS



Sec. 29.251. DEFINITIONS. In this subchapter:


(1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(3) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 73, Sec. 2.06(a)(2), eff. September 1, 2013.


(4) "Community education" means the process by which the citizens in a school district, using the resources and facilities of the district, organize to support each other and to solve their mutual educational problems and meet their mutual lifelong needs. Community education may include:


(A) educational programs, including programs relating to cultural awareness, parenting skills education and parental involvement in school programs, and multilevel adult education and personal growth;


(B) community involvement programs, including programs for community economic development, school volunteers, partnerships between schools and businesses, coordination with community agencies, school-age child care, family literacy, and community use of facilities; and


(C) programs for youth enrolled in schools, including programs for dropout prevention and recovery programs, drug-free school programs, school-age parenting programs, and academic enhancement.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.03, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.06(a)(2), eff. September 1, 2013.


Sec. 29.252. AGENCY ROLE IN COMMUNITY EDUCATION. (a) The agency shall:


(1) develop, implement, and regulate a comprehensive statewide program for community education services;


(2) administer all state and federal funds for community education in this state, other than funds that another entity is specifically authorized to administer under other law; and


(3) accept and administer grants, gifts, services, and funds from available sources for use in community education.


(b) The agency may adopt rules for the administration of this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 761, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 817, Sec. 5.03, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.04, eff. September 1, 2013.


Sec. 29.255. STATE FUNDING. Funds shall be appropriated to implement statewide community education programs, including pilot programs to demonstrate the effectiveness of the community education concept. The agency shall ensure that public local education agencies, public nonprofit agencies, and community-based organizations have direct and equitable access to those funds.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 73 (S.B. 307), Sec. 2.05, eff. September 1, 2013.


Sec. 29.256. REIMBURSEMENT FOR COMMUNITY EDUCATION SERVICES. (a) A school district whose governing board elects to provide community education for all age groups may on application and according to rules adopted by the agency be reimbursed for those costs from state funds to the extent authorized by this section.


(b) Only a district that has in the preceding or current year achieved a level of community education services prescribed by the agency is eligible for reimbursement under this section. The agency's rules must contain specific provisions for eligibility and program operation.


(c) The cost to the state shall be paid from the foundation school fund.


(d) The legislature in the General Appropriations Act shall set a limit on the amount of funds that may be expended under this section each year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 4, eff. Sept. 1, 1997.


Sec. 29.257. COMMUNITY EDUCATION DEVELOPMENT PROJECTS. (a) The legislature may appropriate money from the foundation school fund to the agency for developing and implementing community education projects. The agency shall actively seek gifts, grants, or other donations for purposes related to community education development projects, unless the acceptance is prohibited by other law. Money received under this subsection shall be deposited in the account established under Subsection (b) and may be appropriated only for the purpose for which the money was given.


(b) The community education development account is created as a dedicated account in the foundation school fund in the state treasury. The account shall consist of community education related gifts, grants, and donations and shall be administered by the agency.


(c) Subject to legislative appropriation and except as provided by Subsection (g), a school district to which the agency awards money for a community education development project is entitled to receive money for a period of three years. After that period, a project must be funded wholly from local sources. State funding under this section may not exceed:


(1) $50,000 for the first year of a project;


(2) $35,000 for the second year of a project; or


(3) $20,000 for the third year of a project.


(d) The State Board of Education by rule shall establish procedures for distributing community education development money to school districts. The procedures must include a statewide competitive process by which the agency, in accordance with procedures adopted by board rule, evaluates applications for community education development money and awards money to the districts whose projects the agency determines have the greatest merit. A school district may seek review of an agency determination regarding the award of money only in accordance with an administrative review process adopted by board rule. A school district may not seek judicial review of an agency determination.


(e) An application for funding under this section must include:


(1) a resolution adopted by the board of trustees of the school district adopting a particular community education development project plan;


(2) in accordance with rules adopted by the State Board of Education, a description of:


(A) the objectives of the proposed project, including, if appropriate, quantitative targets for the objectives; and


(B) the particular means by which the objectives are to be achieved;


(3) the estimated funding requirements and the data or analysis used to prepare the estimate;


(4) a statement outlining the manner in which the proposed project achieves goals for community education and complies with the requirements of this section;


(5) a statement of the manner in which the project is to be funded after the third year;


(6) a provision for a survey of community education needs in the district that:


(A) incorporates the objectives of community education;


(B) is completed and analyzed by the district in the first year of the project; and


(C) adheres to statistical techniques recognized as valid by professional statisticians;


(7) a provision for the maximum efficient use of existing school facilities in the first year of the project;


(8) a provision for the establishment of an advisory committee of at least 15 members who:


(A) are selected without regard to race or sex;


(B) are selected to reflect persons from the local business community, governmental agencies, public and private nonprofit educational interests, parents, and the general public; and


(C) serve without compensation; and


(9) a designation of a district community education administrator whose primary responsibility is the implementation and supervision of the community education program.


(f) The agency shall monitor each project awarded money under this section in accordance with rules adopted by the State Board of Education. The agency shall evaluate whether the project has satisfactorily carried out the district's objectives as set out in the community education project plan. The board by rule may provide a process for amending the plan.


(g) A school district is not entitled to funding for any year of a project for which:


(1) the district did not apply for funding; or


(2) the agency suspends the funding based on the agency's determination that the district has failed to satisfactorily implement the project's objectives.


(h) The State Board of Education by rule shall provide for an administrative process for the suspension of funding under Subsection (g)(2). The rules must be consistent with Chapter 2001, Government Code.


(i) The State Board of Education may adopt rules necessary to implement and enforce this section, including rules relating to financial audits of school districts that receive money under this section. Rules adopted under this section by the State Board of Education may not permit the board or the agency to waive any provision of this section.


(j) The agency may not use more than five percent of the funds appropriated for the projects under this section for the agency's administration of this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1071, Sec. 5, eff. Sept. 1, 1997.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3456 and S.B. 1615, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.259. ADULT HIGH SCHOOL DIPLOMA AND INDUSTRY CERTIFICATION CHARTER SCHOOL PROGRAM. (a) In this section, "adult education" means services and instruction provided below the college level for adults by a nonprofit entity described by Subsection (e).


(b) The commissioner shall establish an adult high school diploma and industry certification charter school program as provided by this section as a strategy for meeting industry needs for a sufficiently trained workforce within the state.


(c) The agency shall adopt and administer a standardized secondary exit-level assessment instrument appropriate for assessing adult education program participants who successfully complete high school curriculum requirements under a program provided under this section. The commissioner shall determine the level of performance considered to be satisfactory on the secondary exit-level assessment instrument for receipt of a high school diploma by an adult education program participant in a program provided under this section.


(d) Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, the commissioner may, on the basis of an application submitted, grant a charter under the program to a single nonprofit entity described by Subsection (e) to provide an adult education program for individuals described by Subsection (g) to successfully complete:


(1) a high school program that can lead to a diploma; and


(2) career and technology education courses that can lead to industry certification.


(e) A nonprofit entity may be granted a charter under this section only if the entity:


(1) has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar circumstances; and


(2) agrees to commit at least $1 million to the adult education program offered.


(f) A nonprofit entity granted a charter under this section may partner with a public junior college to provide career and technology courses that lead to industry certification.


(g) A person who is at least 18 years of age and not more than 50 years of age is eligible to enroll in the adult education program under this section if the person:


(1) has failed to complete the curriculum requirements for high school graduation; or


(2) has failed to perform satisfactorily on an assessment instrument required for high school graduation.


(g-1) In admitting students to the adult education program under this section, the nonprofit entity shall give priority to a person who has not earned a high school equivalency certificate.


(h) The nonprofit entity must include in its charter application the information required by Subsection (i).


(i) A charter granted under this section must:


(1) include a description of the adult education program to be offered under this section; and


(2) establish specific, objective standards for receiving a high school diploma, including:


(A) successful completion of:


(i) if applicable to the program participant, the curriculum requirements under Section 28.025; or


(ii) the appropriate curriculum requirements applicable to the program participant; and


(B) satisfactory performance on the standardized secondary exit-level assessment instrument described by Subsection (c).


(i-1) The adult education program offered under this section must:


(1) use an instructional model in which at least 75 percent of instruction is delivered by a teacher in an in-person, interactive classroom setting; and


(2) provide support services to students, including:


(A) child care at no cost to students;


(B) life coaching services, at a ratio not to exceed one life coach for every 100 students, that use strategic and holistic interventions designed to facilitate graduation planning and assist students in overcoming life obstacles to achieve academic and career goals;


(C) mental health counseling; and


(D) for students with identified disabilities or impairments, instructional support services.


(i-2) If money is appropriated for a state fiscal year for expansion of the program under this section, not later than June 30 of the state fiscal year in which the appropriation is made, the nonprofit entity granted a charter under this section must submit any request for approval of an expansion amendment. The expansion amendment is considered approved if the commissioner does not provide written notice to the nonprofit entity of the disapproval of the expansion amendment on or before August 1.


(j) Funding for an adult education program under this section is provided based on the following:


(1) for participants who are 26 years of age and older, an amount per participant from available general revenue funds appropriated for the program equal to the statewide average amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program to an open-enrollment charter school under Section 12.106 were the student under 26 years of age; and


(2) for participants who are at least 18 years of age and under 26 years of age, an amount per participant through the Foundation School Program equal to the amount of state funding per student in weighted average daily attendance that would be allocated under the Foundation School Program for the student's attendance at an open-enrollment charter school in accordance with Section 12.106.


(k) Sections 12.107 and 12.128 apply as though funds under this section were funds under Subchapter D, Chapter 12.


(l) Repealed by Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 2, eff. May 23, 2017.


(m) The commissioner shall adopt rules necessary to administer the program under this section. In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this section that provides for adult education.


(n) An adult education program operated under a charter granted under this section is subject to:


(1) a provision of this title establishing a criminal offense; and


(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:


(A) the Public Education Information Management System (PEIMS) to the extent necessary as determined by the commissioner to monitor compliance with this section and, as applicable, Subchapter D, Chapter 12;


(B) criminal history records under Subchapter C, Chapter 22;


(C) high school graduation requirements under Section 28.025, to the extent applicable to a program participant;


(D) special education programs under Subchapter A, Chapter 29;


(E) bilingual education under Subchapter B, Chapter 29;


(F) health and safety under Chapter 38;


(G) the requirement under Section 21.006 to report an educator's misconduct; and


(H) the right of an employee to report a crime, as provided by Section 37.148.


(o) The commissioner shall develop and adopt performance frameworks that establish standards by which to measure the performance of an adult high school program operated under a charter granted under this section in a manner consistent with the requirements provided for an open-enrollment charter school under Sections 12.1181(a) and (b). The commissioner shall include in the performance frameworks adopted under this subsection the following performance indicators:


(1) the percentage of program participants who performed satisfactorily on the standardized secondary exit-level assessment instrument described by Subsection (c);


(2) the percentage of program participants who successfully completed the high school program and earned a high school diploma;


(3) the percentage of program participants who successfully completed career and technology education courses and obtained industry certification;


(4) the percentage of program participants who have enrolled in an institution of higher education or private or independent institution of higher education, as those terms are defined under Section 61.003; and


(5) the percentage of program participants who earned a wage, salary, or other income increase that was significant as determined and reported by the Texas Workforce Commission.


(p) Each year, the commissioner shall evaluate the performance of an adult high school program operated under a charter granted under this section based on the applicable performance frameworks adopted under Subsection (o).


(q) The commissioner shall adopt rules as necessary to implement and administer the reporting requirements under Subsection (n)(2)(A) and the evaluation provisions of Subsections (o) and (p).


(r) The commissioner or an adult education program operated under a charter granted under this section may accept gifts, grants, or donations from any public or private source to be used for purposes of this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 478 (S.B. 1142), Sec. 1, eff. September 1, 2013.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 1, eff. May 23, 2017.


Acts 2017, 85th Leg., R.S., Ch. 98 (S.B. 276), Sec. 2, eff. May 23, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 3, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 4, eff. June 14, 2019.


Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 5, eff. June 14, 2019.


SUBCHAPTER I. PROGRAMS FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING



Sec. 29.301. DEFINITIONS. In this subchapter:


(1) "Admission, review, and dismissal committee" means the committee required by State Board of Education rules to develop the individualized education program required by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) for any student needing special education.


(2) "American Sign Language" means a complete, visual, and manual language with its own grammar and syntax.


(3) "English" includes writing, reading, speech, speech reading, cued speech, and any English-based manual-visual method of communication.


(4) "Unique communication mode" or "appropriate language mode" includes English and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.302. FINDINGS. (a) The legislature finds that it is essential for the well-being and growth of students who are deaf or hard of hearing that educational programs recognize the unique nature of deafness and the hard-of-hearing condition and ensure that all students who are deaf or hard of hearing have appropriate, ongoing, and fully accessible educational opportunities. Students who are deaf or hard of hearing may choose to use a variety of language modes and languages, including oral and manual-visual language. Students who are deaf may choose to communicate through the language of the deaf community, American Sign Language, or through any of a number of English-based manual-visual languages. Students who are hard of hearing may choose to use spoken and written English, including speech reading or lip reading, together with amplification instruments, such as hearing aids, cochlear implants, or assistive listening systems, to communicate with the hearing population. Students who are deaf or hard of hearing may choose to use a combination of oral or manual-visual language systems, including cued speech, manual signed systems, and American Sign Language, or may rely exclusively on the oral-aural language of their choice. Students who are deaf or hard of hearing also may use other technologies to enhance language learning.


(b) The legislature recognizes that students who are deaf or hard of hearing should have the opportunity to develop proficiency in English, including oral or manual-visual methods of communication, and American Sign Language.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.303. UNIQUE COMMUNICATION. Students who are deaf or hard of hearing must have an education in which their unique communication mode is respected, used, and developed to an appropriate level of proficiency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.304. QUALIFICATIONS OF PERSONNEL. (a) A student who is deaf or hard of hearing must have an education in which teachers, psychologists, speech therapists, progress assessors, administrators, and others involved in education understand the unique nature of deafness and the hard-of-hearing condition. A teacher of students who are deaf or hard of hearing either must be proficient in appropriate language modes or use an interpreter certified in appropriate language modes if certification is available.


(b) Each school district shall employ or provide access to appropriate qualified staff with proficient communications skills, consistent with credentialing requirements, to fulfill the responsibilities of the school district, and shall make positive efforts to employ qualified individuals with disabilities.


(c) Regular and special personnel who work with students who are deaf or hard of hearing must be adequately prepared to provide educational instruction and services to those students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in conflict with any admission, review, and dismissal committee recommendations, a student who is deaf or hard of hearing must have an education in the company of a sufficient number of peers using the same language mode and with whom the student can communicate directly. If practicable, the peers must be of the same or approximately the same age and ability.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.306. FAMILIAL AND ADVOCATE INVOLVEMENT. A student who is deaf or hard of hearing must have an education in which the student's parents or legal guardians and advocates for the student's parents or legal guardians are involved in determining the extent, content, and purpose of programs. Other individuals, including individuals who are deaf or hard of hearing, may be involved at the discretion of parents or legal guardians or the school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.307. ROLE MODELS. A student who is deaf or hard of hearing shall be given the opportunity to be exposed to deaf or hard-of-hearing role models.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.308. REGIONAL PROGRAMS. Regional programs for students who are deaf or hard of hearing shall meet the unique communication needs of students who can benefit from those programs. Appropriate funding for those programs shall be consistent with federal and state law, and money appropriated to school districts for educational programs and services for students who are deaf or hard of hearing may not be allocated or used for any other program or service.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.309. COMPOSITION OF LOCAL SPECIAL EDUCATION ADVISORY COMMITTEE. If practicable, in a school district in which there are students who are deaf or hard of hearing, the local special education advisory committee required under State Board of Education rule must include persons who are deaf or hard of hearing and parents and legal guardians of students who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.310. PROCEDURES AND MATERIALS FOR ASSESSMENT AND PLACEMENT. (a) Procedures and materials for assessment and placement of students who are deaf or hard of hearing shall be selected and administered so as not to be racially, culturally, or sexually discriminatory.


(b) A single assessment instrument may not be the sole criterion for determining the placement of a student.


(c) The procedures and materials for the assessment and placement of a student who is deaf or hard of hearing shall be in the student's preferred mode of communication. All other procedures and materials used with any student who is deaf or hard of hearing and who has limited English proficiency shall be in the student's preferred mode of communication.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.311. EDUCATIONAL PROGRAMS. (a) Educational programs for students who are deaf or hard of hearing must be coordinated with other public and private agencies, including:


(1) agencies operating early childhood intervention programs;


(2) preschools;


(3) agencies operating child development programs;


(4) nonpublic, nonsectarian schools;


(5) agencies operating regional occupational centers and programs; and


(6) the Texas School for the Deaf.


(b) As appropriate, the programs must also be coordinated with postsecondary and adult programs for persons who are deaf or hard of hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES. Appropriate psychological counseling services for a student who is deaf or hard of hearing shall be made available at the student's school site in the student's primary mode of communication. In the case of a student who is hard of hearing, appropriate auditory systems to enhance oral communication shall be used if required by the student's admission, review, and dismissal committee.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.313. EVALUATION OF PROGRAMS. Each school district must provide continuous evaluation of the effectiveness of programs of the district for students who are deaf or hard of hearing. If practicable, evaluations shall follow program excellence indicators established by the agency.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to satisfying requirements of the admission, review, and dismissal committee and to satisfying requirements under state and federal law for vocational training, each school district shall develop and implement a transition plan for the transition of a student who is deaf or hard of hearing into a regular class program if the student is to be transferred from a special class or center or nonpublic, nonsectarian school into a regular class in a public school for any part of the school day. The transition plan must provide for activities:


(1) to integrate the student into the regular education program and specify the nature of each activity and the time spent on the activity each day; and


(2) to support the transition of the student from the special education program into the regular education program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF UNDERSTANDING. The Texas Education Agency and the Texas School for the Deaf shall develop, agree to, and by commissioner rule adopt no later than September 1, 1998, a memorandum of understanding to establish:


(1) the method for developing and reevaluating a set of indicators of the quality of learning at the Texas School for the Deaf;


(2) the process for the agency to conduct and report on an annual evaluation of the school's performance on the indicators;


(3) the requirements for the school's board to publish, discuss, and disseminate an annual report describing the educational performance of the school;


(4) the process for the agency to assign an accreditation status to the school, to reevaluate the status on an annual basis, and, if necessary, to conduct monitoring reviews; and


(5) the type of information the school shall be required to provide through the Public Education Information Management System (PEIMS).


Added by Acts 1997, 75th Leg., ch. 1340, Sec. 6, eff. Sept. 1, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 5, eff. June 19, 2015.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3607, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section:


(1) "Center" means the Educational Resource Center on Deafness at the Texas School for the Deaf.


(2) "Division" means the Division for Early Childhood Intervention Services of the Health and Human Services Commission.


(3) "Language acquisition" includes expressive and receptive language acquisition and literacy development in English, American Sign Language, or both, or, if applicable, in another language primarily used by a child's parent or guardian, and is separate from any modality used to communicate in the applicable language or languages.


(b) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall ensure that the language acquisition of each child eight years of age or younger who is deaf or hard of hearing is regularly assessed using a tool or assessment determined to be valid and reliable as provided by Subsection (d).


(c) Not later than August 31 of each year, the agency, the division, and the center jointly shall prepare and post on the agency's, the division's, and the center's respective Internet websites a report on the language acquisition of children eight years of age or younger who are deaf or hard of hearing. The report must:


(1) include:


(A) existing data reported in compliance with federal law regarding children with disabilities; and


(B) information relating to the language acquisition of children who are deaf or hard of hearing and also have other disabilities;


(2) state for each child:


(A) the instructional arrangement used with the child, as described by Section 42.151, including the time the child spends in a mainstream instructional arrangement;


(B) the specific language acquisition services provided to the child, including:


(i) the time spent providing those services; and


(ii) a description of any hearing amplification used in the delivery of those services, including:


(a) the type of hearing amplification used;


(b) the period of time in which the child has had access to the hearing amplification; and


(c) the average amount of time the child uses the hearing amplification each day;


(C) the tools or assessments used to assess the child's language acquisition and the results obtained;


(D) the preferred unique communication mode used by the child at home; and


(E) the child's age, race, and gender, the age at which the child was identified as being deaf or hard of hearing, and any other relevant demographic information the commissioner determines to likely be correlated with or have an impact on the child's language acquisition;


(3) compare progress in English literacy made by children who are deaf or hard of hearing to progress in that subject made by children of the same age who are not deaf or hard of hearing, by appropriate age range; and


(4) be redacted as necessary to comply with state and federal law regarding the confidentiality of student medical or educational information.


(d) The commissioner, the executive commissioner of the Health and Human Services Commission, and the center shall enter into a memorandum of understanding regarding:


(1) the identification of experts in deaf education; and


(2) the determination, in consultation with those experts, of the tools and assessments that are valid and reliable, in both content and administration, for use in assessing the language acquisition of children eight years of age or younger who are deaf or hard of hearing.


(e) The agency shall use existing collected data and data collected and transferred from the Department of State Health Services and the Health and Human Services Commission, as agreed upon in the memorandum of understanding, for the report under this section.


(f) The commissioner and the executive commissioner of the Health and Human Services Commission jointly shall adopt rules as necessary to implement this section, including rules for:


(1) assigning each child eight years of age or younger who is deaf or hard of hearing a unique identification number for purposes of the report required under Subsection (c) and to enable the tracking of the child's language acquisition, and factors affecting the child's language acquisition, over time; and


(2) implementing this section in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.


Added by Acts 2019, 86th Leg., R.S., Ch. 1036 (H.B. 548), Sec. 1(c), eff. September 1, 2019.


SUBCHAPTER K. PUBLIC JUNIOR COLLEGE AND SCHOOL DISTRICT PARTNERSHIP PROGRAM TO PROVIDE DROPOUT RECOVERY



Sec. 29.402. PARTNERSHIP. (a) A public junior college may enter into an articulation agreement to partner with one or more school districts located in the public junior college district to provide on the campus of the public junior college a dropout recovery program for students described by Subsection (b) to successfully complete and receive a diploma from a high school of the appropriate partnering school district.


(a-1) A public junior college with a service area located wholly or partly in a county with a population of more than three million may enter into an articulation agreement described by Subsection (a) with any school district located wholly or partly in a county with a population of more than three million.


(b) A person who is under 26 years of age is eligible to enroll in a dropout recovery program under this subchapter if the person:


(1) must complete not more than three course credits to complete the curriculum requirements for the foundation high school program for high school graduation; or


(2) has failed to perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) or an assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.


(c) A public junior college under this section shall:


(1) design a dropout recovery curriculum that includes career and technology education courses that lead to industry or career certification;


(2) integrate into the dropout recovery curriculum research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose;


(3) offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses; and


(4) coordinate with each partnering school district to provide in the articulation agreement that the district retains accountability for student attendance, student completion of high school course requirements, and student performance on assessment instruments as necessary for the student to receive a diploma from a high school of the partnering school district.


(c-1) A public junior college under this section may partner with a public technical institute, as defined by Section 61.003, to provide, as part of the dropout recovery program curriculum, career and technology education courses that lead to industry or career certification.


(d) A dropout recovery program provided under this subchapter must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 1, eff. May 24, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 24(a), eff. June 10, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1177 (S.B. 1004), Sec. 1, eff. June 19, 2015.


Sec. 29.403. FINANCING. (a) A public junior college district may receive from each partnering school district for each student from that district enrolled in a dropout recovery program under this subchapter an amount negotiated between the junior college district and that partnering district not to exceed the total average per student funding amount in that district during the preceding school year for maintenance and operations, including state and local funding, but excluding money from the available school fund.


(b) A student who is enrolled in a program under this subchapter is included in determining the average daily attendance under Section 48.005 of the partnering school district.


(c) A public technical institute may receive from a partnering public junior college for each student enrolled in a career and technology education course as provided by Section 29.402(c-1) an amount negotiated between the public technical institute and the partnering public junior college.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 155 (S.B. 860), Sec. 2, eff. May 24, 2013.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.036, eff. September 1, 2019.


Sec. 29.404. OTHER FUNDING. (a) To the extent consistent with the General Appropriations Act, a public junior college under this subchapter is eligible to receive dropout prevention and intervention program funds appropriated to the agency.


(b) A public junior college under this subchapter may receive gifts, grants, and donations to use for the purposes of this subchapter.


Added by Acts 2011, 82nd Leg., R.S., Ch. 643 (S.B. 975), Sec. 1, eff. June 17, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1186 (H.B. 3708), Sec. 1, eff. June 17, 2011.


SUBCHAPTER L. SCHOOL DISTRICT PROGRAM FOR RESIDENTS OF FORENSIC STATE SUPPORTED LIVING CENTER



Sec. 29.451. DEFINITIONS. In this subchapter, "alleged offender resident," "interdisciplinary team," and "state supported living center" have the meanings assigned by Section 555.001, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.452. APPLICABILITY. This subchapter applies only to an alleged offender resident of a forensic state supported living center designated under Section 555.002, Health and Safety Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 207 (S.B. 1300), Sec. 3, eff. September 1, 2017.


Sec. 29.453. SCHOOL DISTRICT SERVICES. (a) A school district shall provide educational services, including services required under Subchapter A, to each alleged offender resident who is under 22 years of age and otherwise eligible under Section 25.001 to attend school in the district. The district shall provide educational services to each alleged offender resident who is 21 years of age on September 1 of the school year and otherwise eligible to attend school in the district until the earlier of:


(1) the end of that school year; or


(2) the student's graduation from high school.


(b) The educational placement of an alleged offender resident and the educational services to be provided by a school district to the resident shall be determined by the resident's admission, review, and dismissal committee consistent with federal law and regulations regarding the placement of students with disabilities in the least restrictive environment. The resident's admission, review, and dismissal committee shall:


(1) inform the resident's interdisciplinary team of a determination the committee makes in accordance with this subsection; and


(2) consult, to the extent practicable, with the resident's interdisciplinary team concerning such a determination.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.454. BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS. (a) The discipline of an alleged offender resident by a school district is subject to Sections 37.0021 and 37.004 and to federal law governing the discipline of students with disabilities.


(b) A school district in which alleged offender residents are enrolled shall employ one or more behavior support specialists to serve the residents while at school. A behavior support specialist must:


(1) hold a baccalaureate degree;


(2) have training in providing to students positive behavioral support and intervention, as determined by the commissioner of education; and


(3) meet any other requirement jointly determined by the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(c) A behavior support specialist shall conduct for each alleged offender resident enrolled in the school district a functional behavioral assessment that includes:


(1) data collection, through interviews with and observation of the resident;


(2) data analysis; and


(3) development of an individualized school behavioral intervention plan for the resident.


(d) Each behavior support specialist shall:


(1) ensure that each alleged offender resident enrolled in the school district is provided behavior management services under a school behavioral intervention plan based on the resident's functional behavioral assessment, as described by Subsection (c);


(2) communicate and coordinate with the resident's interdisciplinary team to ensure that behavioral intervention actions of the district and of the forensic state supported living center do not conflict;


(3) in the case of a resident who regresses:


(A) ensure that necessary corrective action is taken in the resident's individualized education program or school behavioral intervention plan, as appropriate; and


(B) communicate with the resident's interdisciplinary team concerning the regression and encourage the team to aggressively address the regression;


(4) participate in the resident's admission, review, and dismissal committee meetings in conjunction with:


(A) developing and implementing the resident's school behavioral intervention plan; and


(B) determining the appropriate educational placement for each resident, considering all available academic and behavioral information;


(5) coordinate each resident's school behavioral intervention plan with the resident's program of active treatment provided by the forensic state supported living center to ensure consistency of approach and response to the resident's identified behaviors;


(6) provide training for school district staff and, as appropriate, state supported living center staff in implementing behavioral intervention plans for each resident; and


(7) remain involved with the resident during the school day.


(e) Section 22.0511 applies to a behavior support specialist employed under this section by a school district.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.455. MEMORANDUM OF UNDERSTANDING. (a) A school district in which alleged offender residents are enrolled in school and the forensic state supported living center shall enter into a memorandum of understanding to:


(1) establish the duties and responsibilities of the behavior support specialist to ensure the safety of all students and teachers while educational services are provided to a resident at a school in the district; and


(2) ensure the provision of appropriate facilities for providing educational services and of necessary technological equipment if a resident's admission, review, and dismissal committee determines that the resident must receive educational services at the forensic state supported living center.


(b) A memorandum of understanding under Subsection (a) remains in effect until superseded by a subsequent memorandum of understanding between the school district and the forensic state supported living center or until otherwise rescinded.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Sec. 29.456. FAILURE OF SCHOOL DISTRICT AND CENTER TO AGREE. (a) If a school district in which alleged offender residents are enrolled in school and the forensic state supported living center fail to agree on the services required for residents or responsibility for those services, the district or center may refer the issue in disagreement to the commissioner of education and the commissioner of the Department of Aging and Disability Services.


(b) If the commissioner of education and the executive commissioner of the Health and Human Services Commission are unable to bring the school district and forensic state supported living center to agreement, the commissioners shall jointly submit a written request to the attorney general to appoint a neutral third party knowledgeable in special education and intellectual and developmental disability issues to resolve each issue on which the district and the center disagree. The decision of the neutral third party is final and may not be appealed. The district and the center shall implement the decision of the neutral third party. The commissioner of education or the executive commissioner of the Health and Human Services Commission shall ensure that the district and the center implement the decision of the neutral third party.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 4, eff. September 1, 2019.


Sec. 29.457. FUNDING. (a) In addition to other funding to which a school district is entitled under this code, each district in which alleged offender residents attend school is entitled to an annual allotment of $5,100 for each resident in average daily attendance or a different amount for any year provided by appropriation.


(b) Not later than December 1 of each year, a school district that receives an allotment under this section shall submit a report accounting for the expenditure of funds received under this section to the governor, the lieutenant governor, the speaker of the house of representatives, the chairs of the standing committees of the senate and house of representatives with primary jurisdiction regarding persons with intellectual and developmental disabilities and public education, and each member of the legislature whose district contains any portion of the territory included in the school.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 5, eff. September 1, 2019.


Sec. 29.458. RULES. The commissioner may adopt rules as necessary to administer this subchapter.


Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 2, eff. June 11, 2009.


SUBCHAPTER N. PATHWAYS IN TECHNOLOGY EARLY COLLEGE HIGH SCHOOL (P-TECH) PROGRAM



Sec. 29.551. DEFINITIONS. In this subchapter:


(1) "Advisory council" means the P-TECH advisory council.


(2) "Articulation agreement" means a written commitment between school districts or open-enrollment charter schools and institutions of higher education to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to degrees or certificates in a work-based education program.


(3) "Institution of higher education" has the meaning assigned by Section 61.003.


(4) "P-TECH program" means the Pathways in Technology Early College High School program established under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.552. P-TECH ADVISORY COUNCIL. (a) The advisory council is composed of:


(1) three members representing school districts and open-enrollment charter schools appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives;


(2) three members representing institutions of higher education appointed as follows:


(A) one member appointed by the governor;


(B) one member appointed by the lieutenant governor; and


(C) one member appointed by the speaker of the house of representatives; and


(3) six members representing industry or business partners that participate or seek to participate in the P-TECH program appointed as follows:


(A) two members appointed by the governor;


(B) two members appointed by the lieutenant governor; and


(C) two members appointed by the speaker of the house of representatives.


(b) A member of the advisory council serves at the will of the member's appointing authority.


(c) The advisory council shall provide recommendations to the commissioner regarding:


(1) the establishment and administration of the P-TECH program; and


(2) the criteria for a campus's designation as a P-TECH school under Section 29.556.


(d) A member of the advisory council may not receive compensation for service on the advisory council but, subject to the availability of funding, may receive reimbursement for actual and necessary expenses, including travel expenses, incurred in performing advisory council duties. The advisory council may solicit and accept gifts, grants, and donations to pay for those expenses.


(e) Chapter 2110, Government Code, does not apply to the advisory council.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.553. P-TECH PROGRAM. (a) The commissioner shall establish and administer a Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based education program.


(b) The P-TECH program must:


(1) be open enrollment;


(2) provide for a course of study that enables a participating student in grade levels 9 through 12 to combine high school courses and postsecondary courses;


(3) allow a participating student to complete high school and, on or before the sixth anniversary of the date of the student's first day of high school:


(A) receive a high school diploma and an associate degree, a two-year postsecondary certificate, or industry certification; and


(B) complete work-based training through an internship, apprenticeship, or other job training program;


(4) include:


(A) articulation agreements with institutions of higher education in this state to provide a participating student access to postsecondary educational and training opportunities at an institution of higher education; and


(B) memoranda of understanding with regional industry or business partners in this state to provide a participating student access to work-based training and education; and


(5) provide a participating student flexibility in class scheduling and academic mentoring.


(c) Each articulation agreement under Subsection (b)(4)(A) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) student enrollment and attendance;


(6) grading periods and policies; and


(7) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(d) Each memorandum of understanding under Subsection (b)(4)(B) must include an agreement that the regional industry or business partner will give to a student who receives work-based training or education from the partner under the P-TECH program first priority in interviewing for any jobs for which the student is qualified that are available on the student's completion of the program.


(e) A student participating in the P-TECH program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement or memorandum of understanding under Subsection (b)(4).


(f) The P-TECH program must be provided at no cost to participating students.


(g) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, for the P-TECH program. A private or nonprofit organization that contributes to the program may receive an award under Section 7.113.


(h) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a plan for the P-TECH program that addresses:


(1) regional workforce needs;


(2) credit transfer policies between institutions of higher education; and


(3) internships, apprenticeships, and other work-based education programs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.554. ACCIDENT MEDICAL EXPENSE, LIABILITY, AND AUTOMOBILE INSURANCE COVERAGE. (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may obtain accident medical expense, liability, or automobile insurance coverage to protect:


(1) a business or entity that partners with the district or school under Section 29.553 to provide students with work-based training and education under the P-TECH program; and


(2) a student enrolled in the district or at the school who participates in the district's or school's P-TECH program.


(b) The coverage authorized by this section must be:


(1) obtained from a reliable insurer authorized to engage in business in this state; or


(2) provided through a self-funded risk pool of which the school district or open-enrollment charter school is a member.


(c) The amount of coverage the school district or open-enrollment charter school obtains must be reasonable considering the financial condition of the district or school and may not exceed the amount that, in the opinion of the board of trustees or governing body, is reasonably necessary.


(d) If the board of trustees of a school district or governing body of an open-enrollment charter school obtains accident medical expense, liability, or automobile insurance coverage under this section, the district or school shall notify the parent or guardian of each student participating in the P-TECH program.


(e) The failure of any board of trustees of a school district or governing body of an open-enrollment charter school to obtain coverage, or any specific amount of coverage, authorized by this section may not be construed as placing any legal liability on the district or school or the district's or school's officers, agents, or employees for any injury that results.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.556. P-TECH SCHOOL DESIGNATION AND GRANT PROGRAM. (a) A school district or open-enrollment charter school that implements or seeks to implement the P-TECH program at a campus may apply to the commissioner for designation of the campus as a P-TECH school in accordance with procedures established by the commissioner.


(b) From funds appropriated for that purpose, the commissioner by rule shall establish a grant program to assist school districts and open-enrollment charter schools in implementing the P-TECH program at a campus designated as a P-TECH school under Subsection (a). The commissioner may use not more than three percent of the funds appropriated for the grant program to cover the cost of administering the grant program and to provide technical assistance and support to P-TECH schools.


(c) The commissioner shall establish the criteria for a campus's designation as a P-TECH school and for participation in the grant program under this section. The criteria must require a school district or open-enrollment charter school to:


(1) enter into an articulation agreement under Section 29.553 only with institutions of higher education that are accredited by a national or regional accrediting agency recognized by the Texas Higher Education Coordinating Board;


(2) review and, as necessary, update each memorandum of understanding with a regional industry or business partner under Section 29.553 at least once every two years; and


(3) explain how the district's or school's P-TECH program will address regional workforce needs.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


Sec. 29.557. RULES. (a) The commissioner shall adopt rules as necessary to administer the P-TECH program, including rules to ensure a student participating in the program is not considered for accountability purposes to have dropped out of high school or failed to complete the curriculum requirements for high school graduation until after the sixth anniversary of the date of the student's first day in high school. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need.


(b) The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this subchapter.


Added by Acts 2017, 85th Leg., R.S., Ch. 189 (S.B. 22), Sec. 1, eff. September 1, 2017.


SUBCHAPTER Z. MISCELLANEOUS PROGRAMS



Sec. 29.901. MILITARY INSTRUCTION. (a) In each school district in which military instruction is conducted under a state or federal law requiring the district to give bond or otherwise indemnify this state or the United States or any authorized agency of either in an amount and on conditions determined by any agency under that law for the care, safekeeping, and return of property furnished, the board of trustees may:


(1) make contracts with the proper governmental agency with respect to the teaching of courses in military training; and


(2) execute, as principal or surety, a bond to secure the contracts to procure arms, ammunition, animals, uniforms, equipment, supplies, means of transportation, or other needed property.


(b) In a district in which military instruction is given as provided by Subsection (a), available school funds may be spent to:


(1) procure from any guaranty or surety company any bond authorized by Subsection (a), in the amount and on the conditions required by the governmental agency; or


(2) reimburse this state or the United States for any loss pursuant to the terms of any contract entered into.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 29.9015. ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST. (a) Except as provided by Subsection (d) or (e), each school year each school district and open-enrollment charter school shall provide students in grades 10 through 12 an opportunity to take the Armed Services Vocational Aptitude Battery test and consult with a military recruiter.


(b) The test under Subsection (a) must be scheduled:


(1) during normal school hours; and


(2) to optimize student participation, at a time that limits conflicts with extracurricular activities.


(c) Each school district and open-enrollment charter school shall provide each student in grades 10 through 12 and the student's parent or person standing in parental relation to the student a notice of the date, time, and location of the scheduled administration of the Armed Services Vocational Aptitude Battery test.


(d) A school district or open-enrollment charter school may elect not to provide the Armed Services Vocational Aptitude Battery test only if the district or school provides an alternative test that:


(1) assesses a student's aptitude for success in a career field other than a career field that requires postsecondary education;


(2) is free to administer;


(3) requires minimal training and support of district or school faculty and staff to administer the test; and


(4) provides the student with a professional interpretation of the test results that allows the student to:


(A) explore occupations that are consistent with the student's interests and skills; and


(B) develop strategies to attain the student's career goals.


(e) This subsection applies only to a school district, open-enrollment charter school, or high school that, before September 1, 2017, entered into a contract under which a vocational aptitude test that does not comply with the requirements for an alternative test under Subsection (d) is provided to students in grades 10 through 12. A school district, open-enrollment charter school, or high school subject to this subsection may elect not to provide the Armed Services Vocational Aptitude Battery test for the term of the contract. On the expiration of the contract term, the exemption provided by this subsection is not applicable.


(f) Not later than August 1 of each year, the agency shall publish a list of school districts and open-enrollment charter schools that elected under Subsection (d) or (e) not to provide the Armed Services Vocational Aptitude Battery test during the previous school year.


Added by Acts 2017, 85th Leg., R.S., Ch. 949 (S.B. 1843), Sec. 1, eff. June 15, 2017.


Sec. 29.902. DRIVER EDUCATION. (a) The Texas Department of Licensing and Regulation shall develop a program of organized instruction in driver education and traffic safety for public school students. A student who will be 15 years of age or older before a driver education and traffic safety course ends may enroll in the course.


(b) The agency shall establish standards for the certification of professional and paraprofessional personnel who conduct the programs in the public schools.


(c) A school district shall consider offering a driver education and traffic safety course during each school year. If the district offers the course, the district may:


(1) conduct the course and charge a fee for the course in the amount determined by the agency to be comparable to the fee charged by a driver education school that holds a license under Chapter 1001; or


(2) contract with a driver education school that holds a license under Chapter 1001 to conduct the course.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.02, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 2, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 1, eff. September 1, 2015.


Sec. 29.9021. WATER SAFETY EDUCATION. The agency by rule shall incorporate a curriculum module on recreational water safety into driver education instruction using the video on recreational water safety produced under Section 12.012, Parks and Wildlife Code, when the agency is notified that the video is available.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1275 (H.B. 673), Sec. 2, eff. June 17, 2011.


Sec. 29.903. CARDIOPULMONARY RESUSCITATION (CPR) INSTRUCTION; DONATIONS TO SCHOOL DISTRICTS FOR USE IN CPR INSTRUCTION. (a) A school district may accept from the agency donations the agency receives under Section 7.026 for use in providing instruction to students in the principles and techniques of CPR. A district may accept other donations, including donations of equipment, for use in providing the instruction.


(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1371, Sec. 8, eff. June 15, 2007.


(c) A district may use resources other than those made available under Section 7.026 or this section to provide instruction to students in the principles and techniques of CPR.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 814, Sec. 2, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(6), eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 5, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 8, eff. June 15, 2007.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1677, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.904. PLAN TO INCREASE ENROLLMENT IN INSTITUTIONS OF HIGHER EDUCATION. (a) This section applies only to a school district with one or more high schools that:


(1) during the preceding five years, have had an average of at least 26 students in the high school graduating class; and


(2) for any two consecutive years during the preceding five years, have been among the lowest 10 percent of high schools in this state in the percentage of students graduating from the high school and enrolling for the following academic year in an institution of higher education.


(b) The agency and the Texas Higher Education Coordinating Board shall collaborate in identifying each school district to which this section applies. Not later than May 1 of each year:


(1) the agency shall notify a district to which this section applies of the applicability of this section to the district unless the district is operating under a plan required by this section; and


(2) the coordinating board shall notify each public institution of higher education in this state in closest geographic proximity to a district to which this section applies of the applicability of this section to the district unless the district is operating under a plan required by this section.


(c) Except as otherwise provided by this subsection, not later than August 1 of the year in which a school district receives notice under Subsection (b), the district shall enter into an agreement with the public institution of higher education in this state in closest geographic proximity to the district to develop a plan to increase the percentage of the district's graduating seniors who enroll in an institution of higher education for the academic year following graduation. The public institution of higher education in this state in closest geographic proximity to the district shall enter into an agreement under this subsection unless that institution of higher education or the district recruits another public institution of higher education in this state to enter into that agreement. A district and the public institution of higher education entering into the agreement with the district may also enter into an agreement with one or more other public institutions of higher education in this state to participate in developing the plan.


(d) A plan developed under this section:


(1) must establish clear, achievable goals for increasing the percentage of the school district's graduating seniors, particularly the graduating seniors attending a high school described by Subsection (a), who enroll in an institution of higher education for the academic year following graduation;


(2) must establish an accurate method of measuring progress toward the goals established under Subdivision (1) that may include the percentage of district high school students and the percentage of students attending a district high school described by Subsection (a) who:


(A) are enrolled in a course for which a student may earn college credit, such as an advanced placement or international baccalaureate course or a course offered through concurrent enrollment in high school and at an institution of higher education;


(B) are enrolled in courses that meet the curriculum requirements for the distinguished level of achievement under the foundation high school program as determined under Section 28.025;


(C) have submitted a free application for federal student aid (FAFSA);


(E) graduate from high school;


(F) graduate from an institution of higher education; and


(G) have taken college entrance examinations and the average score of those students on the examinations;


(3) must cover a period of at least five years; and


(4) may be directed at district students at any level of primary or secondary education.


(e) A school district shall file the plan with the commissioner of education and the commissioner of higher education.


(f) A school district must implement the plan at the beginning of the school year following the year during which the district receives notice under Subsection (b).


(g) A school district may revise the plan as necessary in response to achieving or failing to achieve goals under the plan.


Added by Acts 2001, 77th Leg., ch. 795, Sec. 1, eff. Sept 1, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(16), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 43, eff. June 19, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 25(a), eff. June 10, 2013.


Acts 2017, 85th Leg., R.S., Ch. 842 (H.B. 2223), Sec. 2.02, eff. June 15, 2017.


Sec. 29.905. COMMUNITY EDUCATION RELATING TO HATE CRIME LAW. (a) The attorney general, in cooperation with the agency, shall develop a program that provides instruction about state laws on hate crimes:


(1) at appropriate grade levels, to students; and


(2) to the community at large.


(b) The agency shall make the program available to a school on the request of the board of trustees or the school district of which the school is a part, or if the school is an open-enrollment charter school, on the request of the governing body of the school.


Added by Acts 2001, 77th Leg., ch. 85, Sec. 6.01, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(17), eff. Sept. 1, 2003.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 123, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.906. CHARACTER TRAITS INSTRUCTION. (a) The State Board of Education shall integrate positive character traits into the essential knowledge and skills adopted for kindergarten through grade 12, as appropriate.


(b) The State Board of Education must include the following positive character traits:


(1) courage;


(2) trustworthiness, including honesty, reliability, punctuality, and loyalty;


(3) integrity;


(4) respect and courtesy;


(5) responsibility, including accountability, diligence, perseverance, and self-control;


(6) fairness, including justice and freedom from prejudice;


(7) caring, including kindness, empathy, compassion, consideration, patience, generosity, and charity;


(8) good citizenship, including patriotism, concern for the common good and the community, and respect for authority and the law;


(9) school pride; and


(10) gratitude.


(c) Each school district and open-enrollment charter school must adopt a character education program that includes the positive character traits listed in Subsection (b). In developing or selecting a character education program under this section, a school district shall consult with a committee selected by the district that consists of:


(1) parents of district students;


(2) educators; and


(3) other members of the community, including community leaders.


(d) This section does not require or authorize proselytizing or indoctrinating concerning any specific religious or political belief.


(e) The agency shall:


(1) maintain a list of character education programs that school districts have implemented that meet the criteria under Subsection (b);


(2) based on data reported by districts, annually designate as a Character Plus School each school that provides a character education program that:


(A) meets the criteria prescribed by Subsection (b); and


(B) is approved by the committee selected under Subsection (c); and


(3) include in the report required under Section 39.332:


(A) based on data reported by districts, the impact of character education programs on student discipline and academic achievement; and


(B) other reported data relating to character education programs the agency considers appropriate for inclusion.


(f) The agency may accept money from federal government and private sources to use in assisting school districts in implementing character education programs that meet the criteria prescribed by Subsection (b).


(g) The State Board of Education may adopt rules as necessary to implement this section.


Added by Acts 2001, 77th Leg., ch. 478, Sec. 1, eff. June 11, 2001. Renumbered from Education Code Sec. 29.903 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(18), eff. Sept. 1, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 44, eff. June 19, 2009.


Acts 2019, 86th Leg., R.S., Ch. 1057 (H.B. 1026), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1057 (H.B. 1026), Sec. 2, eff. June 14, 2019.


Sec. 29.907. CELEBRATE FREEDOM WEEK. (a) To educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded, the week in which September 17 falls is designated as Celebrate Freedom Week in public schools. For purposes of this subsection, Sunday is considered the first day of the week.


(b) The agency, in cooperation with other state agencies who voluntarily participate, may promote Celebrate Freedom Week through a coordinated program. Nothing in this subsection shall give any other state agency the authority to develop a program that provides instruction unless funds are specifically appropriated to that agency for that purpose.


Added by Acts 2001, 77th Leg., ch. 451, Sec. 1, eff. June 7, 2001. Renumbered from Education Code Sec. 29.903 and amended by Acts 2003, 78th Leg., ch. 594, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.0031, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 40 (H.B. 708), Sec. 1, eff. May 8, 2007.


Sec. 29.9071. TEXAS MILITARY HEROES DAY. (a) To educate students about the sacrifices made by brave Texans who have served in the armed forces of the United States, the governor shall designate a day to be known as Texas Military Heroes Day in public schools.


(b) Texas Military Heroes Day shall include appropriate instruction, as determined by each school district. Instruction may include:


(1) information about persons who have served in the armed forces of the United States and are from the community or the geographic area in which the district is located; and


(2) participation, in person or using technology, in age-appropriate learning projects at battlefields and gravesites associated with a person who has served in the armed forces.


(c) The agency may collaborate with other state agencies to promote Texas Military Heroes Day.


Added by Acts 2017, 85th Leg., R.S., Ch. 759 (S.B. 1901), Sec. 1, eff. June 12, 2017.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 3257, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 29.9072. HOLOCAUST REMEMBRANCE WEEK. (a) In this section, "Holocaust" has the meaning assigned by Section 449.001, Government Code.


(b) To educate students about the Holocaust and inspire in students a sense of responsibility to recognize and uphold human value and to prevent future atrocities, the governor shall designate a week to be known as Holocaust Remembrance Week in public schools.


(c) Holocaust Remembrance Week shall include age-appropriate instruction, as determined by each school district. Instruction shall include:


(1) information about the history of and lessons learned from the Holocaust;


(2) participation, in person or using technology, in learning projects about the Holocaust; and


(3) the use of materials developed or approved by the Texas Holocaust and Genocide Commission.


Added by Acts 2019, 86th Leg., R.S., Ch. 654 (S.B. 1828), Sec. 1, eff. June 10, 2019.


Sec. 29.908. EARLY COLLEGE EDUCATION PROGRAM. (a) The commissioner shall establish and administer an early college education program for students who are at risk of dropping out of school or who wish to accelerate completion of the high school program. For purposes of this subsection, "student at risk of dropping out of school" has the meaning assigned by Section 29.081.


(b) The program must:


(1) provide for a course of study that enables a participating student to combine high school courses and college-level courses during grade levels 9 through 12;


(2) allow a participating student to complete high school and, on or before the fifth anniversary of the date of the student's first day of high school, receive a high school diploma and either:


(A) an associate degree; or


(B) at least 60 semester credit hours toward a baccalaureate degree;


(3) include articulation agreements with colleges, universities, and technical schools in this state to provide a participating student access to postsecondary educational and training opportunities at a college, university, or technical school; and


(4) provide a participating student flexibility in class scheduling and academic mentoring.


(b-1) Each articulation agreement under Subsection (b)(3) must address:


(1) curriculum alignment;


(2) instructional materials;


(3) the instructional calendar;


(4) courses of study;


(5) eligibility of students for higher education financial assistance;


(6) student enrollment and attendance;


(7) grading periods and policies; and


(8) administration of statewide assessment instruments under Subchapter B, Chapter 39.


(b-2) The P-16 Council established under Section 61.076 shall provide guidance in case of any conflict that arises between parties to an articulation agreement under Subsection (b)(3).


(c) A student participating in the program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner, while completing the course of study established by the applicable articulation agreement under Subsection (b)(3).


(d) The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations. Private and nonprofit organizations that contribute to the fund shall receive an award under Section 7.113.


(e) The commissioner shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board to develop and implement a strategic plan to enhance private industry participation under this section. The plan must include:


(1) strategies to increase private industry participation; and


(2) incentives for businesses and nonprofit organizations that choose to make donations and work with high schools that participate in a program under this section to maximize job placement opportunities for program graduates.


(f) Not later than December 1, 2014, the commissioner shall provide a report that summarizes the strategic plan developed under Subsection (e) to the lieutenant governor, the speaker of the house of representatives, the governor, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board. The Texas Education Agency, the Texas Workforce Commission, and the Texas Higher Education Coordinating Board shall each make the report available on the respective agency's Internet website.


(g) The commissioner may adopt rules as necessary to administer the program. The rules may provide for giving preference in receiving program benefits to a student who is in the first generation of the student's family to attend college and may establish other distinctions or criteria based on student need. The commissioner shall consult the Texas Higher Education Coordinating Board in administering the program. The Texas Higher Education Coordinating Board may adopt rules as necessary to exercise its powers and duties under this section. The P-16 Council may make recommendations, including recommendations for rules, concerning administration of the program.


Added by Acts 2003, 78th Leg., ch. 1201, Sec. 2, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 879 (S.B. 1146), Sec. 1, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 4.006, eff. September 1, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1220 (S.B. 1557), Sec. 1, eff. September 1, 2013.


Sec. 29.909. DISTANCE LEARNING COURSES. (a) A school district or open-enrollment charter school that provides a course through distance learning and seeks to inform other districts or schools of the availability of the course may submit information to the agency regarding the course, including the number of positions available for student enrollment in the course. The district or school may submit updated information at the beginning of each semester.


(b) The agency shall make information submitted under this section available on the agency's Internet website.


(c) The commissioner may adopt rules necessary to implement this section, including rules governing student enrollment. The commissioner may not adopt rules governing course pricing, and the price for a course shall be determined by the school districts or open-enrollment charter schools involved.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1386 (H.B. 1926), Sec. 2, eff. June 14, 2013.


Sec. 29.910. PROGRAMS OF MUTUAL BENEFIT. (a) The commissioner, in coordination with appropriate representatives of institutions of higher education and school districts, shall develop:


(1) a diagnostic and assistance program for each subject assessed by an assessment instrument under Section 39.023(c); and


(2) other academic programs of mutual benefit to school districts and institutions of higher education.


(b) The commissioner shall seek private funding to make available and maintain on the Internet each diagnostic and assistance program developed under Subsection (a)(1).


Added by Acts 2003, 78th Leg., ch. 1212, Sec. 10, eff. June 20, 2003.


Sec. 29.911. GENERATION TEXAS WEEK. (a) To educate middle school, junior high school, and high school students about the importance of higher education, each school district and each open-enrollment charter school offering any of those grade levels shall designate one week during the school year as Generation Texas Week.


(b) During the designated week, each middle school, junior high school, and high school shall provide students with comprehensive grade-appropriate information regarding the pursuit of higher education. The information provided must include information regarding:


(1) higher education options available to students;


(2) standard admission requirements for institutions of higher education, including:


(A) overall high school grade point average;


(B) required curriculum;


(C) college readiness standards and expectations as determined under Section 28.008; and


(D) scores necessary on generally recognized tests or assessment instruments used in admissions determinations, including the Scholastic Assessment Test and the American College Test;


(3) automatic admission of certain students to general academic teaching institutions as provided by Section 51.803; and


(4) financial aid availability and requirements, including the financial aid information provided by school counselors under Section 33.007(b).


(c) In addition to the information provided under Subsection (b), each middle school, junior high school, and high school shall provide to the students during the designated week at least one public speaker to promote the importance of higher education.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1033 (H.B. 2909), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 23, eff. June 14, 2013.


Sec. 29.915. FINANCIAL LITERACY PILOT PROGRAM. (a) In this section, "program" means the financial literacy pilot program.


(b) To the extent funding is available under Subsection (e), the agency by rule shall establish and implement a financial literacy pilot program to provide students in participating school districts with the knowledge and skills necessary as self-supporting adults to make critical decisions relating to personal financial matters.


(c) The agency shall collaborate with the Office of Consumer Credit Commissioner and the State Securities Board to develop the curriculum and instructional materials for the program. The curriculum and instructional materials must include information about:


(1) avoiding and eliminating credit card debt;


(2) understanding the rights and responsibilities of renting or buying a home;


(3) managing money to make the transition from renting a home to home ownership;


(4) starting a small business;


(5) being a prudent investor in the stock market and using other investment options;


(6) beginning a savings program;


(7) bankruptcy;


(8) the types of bank accounts available to consumers and the benefits of maintaining a bank account;


(9) balancing a check book;


(10) the types of loans available to consumers and becoming a low-risk borrower; and


(11) the use of insurance as a means of protecting against financial risk.


(d) The agency shall develop an application and selection process for selecting school districts to participate in the program. The agency may select not more than 100 school districts to participate in the program.


(e) The agency may solicit and accept a gift, grant, or donation from any source, including a foundation, private entity, governmental entity, or institution of higher education, for the implementation of the program. The program may be implemented only if sufficient funds are available under this subsection for that purpose.


Added by Acts 2005, 79th Leg., Ch. 832 (S.B. 851), Sec. 1, eff. June 17, 2005.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 23, eff. September 1, 2009.


Acts 2013, 83rd Leg., R.S., Ch. 1221 (S.B. 1590), Sec. 2, eff. June 14, 2013.


Sec. 29.916. HOME-SCHOOLED STUDENT MERIT SCHOLARSHIP AND ADVANCED PLACEMENT TESTING. (a) In this section:


(1) "Home-schooled student" means a student who predominantly receives instruction in a general elementary or secondary education program that is provided by the parent, or a person standing in parental authority, in or through the child's home.


(2) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test sponsored by the College Board and Educational Testing Service and the National Merit Scholarship Corporation.


(b) A school district shall permit a home-schooled student entitled under Section 25.001 to attend public school in the district to participate in an administration of the PSAT/NMSQT or a college advanced placement test offered by the district. A school district shall require a home-schooled student to pay the same fee to participate in a test under this subsection that a student enrolled in the district is required to pay.


(c) A school district shall post on an Internet website maintained by the district the date the PSAT/NMSQT will be administered and the date any college advanced placement tests will be administered. The notice required under this subsection must state that the PSAT/NMSQT or the advanced placement test is available for home-schooled students eligible to attend school in the district and describe the procedures for a home-schooled student to register for the test. A school district that does not maintain an Internet website must publish the information required by this subsection in a newspaper in the district. If a newspaper is not published in the school district, the district shall provide for the publication of notice in at least one newspaper in the county in which the district's central administrative office is located. The information required under this subsection must be posted or published at the same time and with the same frequency with which the information is provided to a student who attends a district school.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1211 (H.B. 1844), Sec. 1, eff. June 15, 2007.


Sec. 29.917. HIGHER EDUCATION AND WORKFORCE READINESS PROGRAMS. (a) From funds appropriated for the purpose, the commissioner may award grants to organizations that provide volunteers to teach classroom or after-school programs to enhance:


(1) college readiness;


(2) workforce readiness;


(3) dropout prevention; or


(4) personal financial literacy.


(b) To implement or administer a program under this section, the commissioner may accept gifts, grants, and donations from public or private entities.


(c) The commissioner may conduct a study of the programs under this section to determine the success of the programs in preparing students for higher education and participation in the workforce.


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Sec. 29.918. DROPOUT PREVENTION STRATEGIES. (a) Notwithstanding Section 48.104, a school district or open-enrollment charter school with a high dropout rate, as determined by the commissioner, must submit a plan to the commissioner describing the manner in which the district or charter school intends to use the compensatory education allotment under Section 48.104 for developing and implementing research-based strategies for dropout prevention. The district or charter school shall submit the plan not later than December 1 of each school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(b) A school district or open-enrollment charter school to which this section applies may not spend or obligate more than 25 percent of the district's or charter school's compensatory education allotment unless the commissioner approves the plan submitted under Subsection (a). The commissioner shall complete an initial review of the district's or charter school's plan not later than March 1 of the school year preceding the school year in which the district or charter school will receive the compensatory education allotment to which the plan applies.


(c) The commissioner shall adopt rules to administer this section. The commissioner may impose interventions or sanctions under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or 39A.253 if a school district or open-enrollment charter school fails to timely comply with this section.


(d) A school district or open-enrollment charter school to which this section applies shall, in its plan submitted under Subsection (a):


(1) design a dropout recovery plan that includes career and technology education courses or technology applications courses that lead to industry or career certification;


(2) integrate into the dropout recovery plan research-based strategies to assist students in becoming able academically to pursue postsecondary education, including:


(A) high-quality, college readiness instruction with strong academic and social supports;


(B) secondary to postsecondary bridging that builds college readiness skills, provides a plan for college completion, and ensures transition counseling; and


(C) information concerning appropriate supports available in the first year of postsecondary enrollment to ensure postsecondary persistence and success, to the extent funds are available for the purpose; and


(3) plan to offer advanced academic and transition opportunities, including dual credit courses and college preparatory courses, such as advanced placement courses.


(e) A school district to which this section applies may enter into a partnership with a public junior college in accordance with Section 29.402 in order to fulfill a plan submitted under Subsection (a).


(f) Any program designed to fulfill a plan submitted under Subsection (a) must comply with the requirements of Sections 29.081(e) and (f).


Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 12, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 45, eff. June 19, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 24, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(18), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 10, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.037, eff. September 1, 2019.


Sec. 29.920. WINTER CELEBRATIONS. (a) A school district may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations, including:


(1) "Merry Christmas";


(2) "Happy Hanukkah"; and


(3) "happy holidays."


(b) Except as provided by Subsection (c), a school district may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of:


(1) more than one religion; or


(2) one religion and at least one secular scene or symbol.


(c) A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.


Added by Acts 2013, 83rd Leg., R.S., Ch. 236 (H.B. 308), Sec. 1, eff. June 14, 2013.


Sec. 29.922. TEXAS WORKFORCE INNOVATION NEEDS PROGRAM. (a) In this section:


(1) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(2) "Program" means the Texas Workforce Innovation Needs Program.


(b) The Texas Workforce Innovation Needs Program is established to:


(1) provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state; and


(2) use the results of those programs to inform the governor, legislature, and commissioner concerning methods for transforming public education and higher education in this state by improving student learning and career preparedness.


(c) To apply to participate in the program, a school district, public institution of higher education, or private or independent institution of higher education must use the form and apply in the time and manner established by commissioner rule. The application process must require each applicant district or institution of higher education to submit a detailed plan as required by Subsections (d) and (e) of the instruction and accountability the applicant would provide under the program.


(d) A plan submitted under Subsection (c):


(1) must:


(A) be designed to support improved instruction of and learning by students and provide evidence of the accurate assessment of the quality of learning on campus;


(B) describe any waiver of an applicable prohibition, requirement, or restriction for which the district or institution of higher education intends to apply; and


(C) include any other information required by commissioner rule; and


(2) may, if submitted by a school district, designate one or more campuses rather than the entire district to participate in the program.


(e) In addition to satisfying the requirements under Subsection (d)(1), a plan submitted under Subsection (c) must, to the greatest extent appropriate for the grade or higher education levels served under the program, either:


(1) focus on engagement of students in competency-based learning as necessary to earn postsecondary credentials, including:


(A) career and technical certificates;


(B) associate's degrees;


(C) bachelor's degrees; and


(D) graduate degrees; or


(2) incorporate career and technical courses into dual enrollment courses or into the early college education program under Section 29.908 to provide students the opportunity to earn a career or technical certificate or associate's degree.


(f) From among the school districts and institutions of higher education that apply as required under this section, the commissioner shall select those school districts and institutions of higher education that present the plans that are most likely to be effective in producing the next generation of higher performing public schools and institutions of higher education that provide education and training in an innovative form and manner to prepare students for careers for which there is demand in this state.


(g) The commissioner shall convene program leaders periodically to discuss methods to transform learning opportunities for all students, build cross-institution support systems and training, and share best practices tools and processes.


(h) A school district or institution of higher education participating in the program or the commissioner may, for purposes of this section, accept gifts, grants, or donations from any source, including a private or governmental entity.


(i) To cover the costs of administering the program, the commissioner may charge a fee to a school district or institution of higher education participating in the program.


(j) In consultation with interested school districts, institutions of higher education, and other appropriate interested persons, the commissioner shall adopt rules as necessary for purposes of this section.


Added by Acts 2013, 83rd Leg., R.S., Ch. 215 (H.B. 3662), Sec. 1, eff. June 10, 2013.


Sec. 29.923. WORKPLACE SAFETY TRAINING INFORMATION. (a) The agency shall collect and make available to a school district on request information regarding workplace safety training that may be included as part of the district's curriculum.


(b) A school district may develop a workplace safety program that provides educators access to the information described by Subsection (a) and encourages educators to include the workplace safety training information in the curriculum of appropriate courses provided to students enrolled in grades 7 through 12.


Added by Acts 2017, 85th Leg., R.S., Ch. 461 (H.B. 2010), Sec. 1, eff. June 9, 2017.


Sec. 29.924. BLENDED LEARNING GRANT PROGRAM. (a) In this section, "blended learning" means an instructional delivery method that combines classroom and online instruction.


(b) From funds appropriated or available for purposes of this section, the commissioner shall establish a grant program to assist school districts and open-enrollment charter schools in developing and implementing effective blended learning models, including an innovative mathematics instructional program at a campus designated as a mathematics innovation zone as provided by Section 28.020. In awarding grants under the program, the commissioner shall give priority to school districts and open-enrollment charter schools that have the highest enrollment of students who are educationally disadvantaged.


(c) A school district or open-enrollment charter school that receives a grant under this section must:


(1) develop a plan to implement a blended learning model that meets the requirements under Subsection (d);


(2) provide training to teachers and other relevant personnel on effective blended learning practices using a program approved by the commissioner for that purpose;


(3) after completion of the training under Subdivision (2):


(A) certify to the agency that the blended learning model has been implemented; and


(B) immediately following the fourth school year of implementation, submit to the agency a report on student outcomes under the blended learning model; and


(4) provide any other information to the agency as necessary for the implementation of this section.


(d) A plan to implement a blended learning model developed under Subsection (c) must:


(1) during the first year require implementation of the model across an entire grade level at a campus and permit subsequent expansion of the model to additional grade levels at the campus or, if the campus has achieved full implementation of the model across all grade levels, to additional campuses in a manner that provides students a consistent learning experience;


(2) require teachers to differentiate instruction for all students in a grade level using the blended learning model, including by:


(A) using curricula and assessments that allow each student to progress at the student's pace based on demonstrated proficiency;


(B) providing learning opportunities that give students, in collaboration with the teacher, control over the time, place, path, and pace of the student's learning; and


(C) allocating a certain amount of instructional preparation time to collaborating with students and developing blended learning lesson plans and activities driven by individual student needs;


(3) provide teachers and other relevant personnel with professional development opportunities regarding blended learning; and


(4) require the use of a proficiency-based assessment to inform instruction and provide teachers with relevant information regarding strengths and gaps in a student's learning and proficiency in the essential knowledge and skills.


(e) Funds awarded under the grant program may be used only to implement a program under this section and satisfy the requirements under Subsection (c).


(f) A school district or open-enrollment charter school may receive a grant under this section for not more than four consecutive school years.


(g) The commissioner shall adopt rules as necessary to implement this section, including rules establishing an application and selection process for awarding grants under this section and a list of programs that may be used for training under Subsection (c)(2). In adopting rules under this subsection, the commissioner may not impose any requirements on a school district's or open-enrollment charter school's plan to implement a blended learning model not listed under Subsection (d).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.033, eff. June 12, 2019.


Sec. 29.925. TEXAS GIRLS IN STEM. In recognition of Texas Girls in STEM Day, each school district may include throughout the month of March appropriate instruction, activities, and programs to encourage and celebrate women in career fields related to science, technology, engineering, and mathematics. The instruction may include programs that profile women in those fields and related fields, including finance, information technology, data analytics, cybersecurity, and health care cloud architecture.


Added by Acts 2019, 86th Leg., R.S., Ch. 890 (H.B. 3435), Sec. 2, eff. June 10, 2019.

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES CHAPTER 29. EDUCATIONAL PROGRAMS SUBCHAPTER A. SPECIAL EDUCATION PROGRAM Sec. 29.001. STATEWIDE PLAN.

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Fulton v. City of Pennsylvania, 593 U.S. __ (2021)

The Supreme Court ruled in this case that the city of Philadelphia violated the free exercise clause of the First Amendment in their refusal to contract with foster care provider Catholic Social Services because of their refusal to place children with same-sex parents (Walsh, 2020)

Educationally, this creates discord between the laws that protect against LGBTQ+ discrimination and religious institutions that seek exemption from these laws because of their religious beliefs (Walsh, 2020).

This decision could have implications for religion based private schools (Walsh, 2020).

References
Fulton v City of Pennsylvania, 593 U.S. __ (2021) https://www.oyez.org/cases/2020/19-123
Walsh, M. (2020).  Supreme court leans toward support for catholic agency in foster care case.  Retrieved July 17, 2021 from https://www.edweek.org/education/supreme-court-leans-toward-support-for-catholic-agency-in-foster-care-case/2020/11

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Petitioner

Sharonell Fulton, et al.

Respondent

City of Philadelphia, Pennsylvania, et al.

Lower court

United States Court of Appeals for the Third Circuit

Advocates

Hashim M. Mooppan for the United States, as amicus curiae, supporting the petitioners

Jeffrey L. Fisher for respondents Support Center for Child Advocates and Philadelphia Family Pride

Facts of the case

In March 2018, the City of Philadelphia barred Catholic Social Services (CSS) from placing children in foster homes because of its policy of not licensing same-sex couples to be foster parents. CSS sued the City of Philadelphia, asking the court to order the city to renew their contract. CSS argued that its right to free exercise of religion and free speech entitled it to reject qualified same-sex couples because they were same-sex couples, rather than for any reason related to their qualifications to care for children.

The district court denied CSS's motion for a preliminary injunction, and the Third Circuit affirmed, finding that the City's non-discrimination policy was a neutral, generally applicable law and that CSS had not demonstrated that the City targeted CSS for its religious beliefs or was motivated by ill will against its religion.

Question

1. To succeed on their free exercise claim, must plaintiffs prove that the government would allow the same conduct by someone who held different religious views, or only provide sufficient evidence that a law is not neutral and generally applicable?

2. Should the Court revisit its decision in Employment Division v. Smith?

3. Does the government violate the First Amendment by conditioning a religious agency's ability to participate in the foster care system on taking actions and making statements that directly contradict the agency's religious beliefs?

Conclusion

Unanimous decision for Fulton
majority opinion by John G. Roberts, Jr.

The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.

The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment. Chief Justice John Roberts authored the majority opinion of the Court.

Philadelphia's actions burdened CSS's religious exercise by forcing it either to curtail its mission or to certify same-sex couples as foster parents, in violation of its stated religious beliefs. Although the Court held in Employment Division v. Smith that neutral, generally applicable laws may incidentally burden religion, the Philadelphia law was not neutral and generally applicable because it allowed for exceptions to the anti-discrimination requirement at the sole discretion of the Commissioner. Additionally, CSS's actions do not fall within public accommodations laws because certification as a foster parent is not "made available to the public" in the usual sense of the phrase. Thus, the non-discrimination requirement is subject to strict scrutiny, which requires that the government show the law is necessary to achieve a compelling government interest.

The Court pointed out that the question is not whether the City has a compelling interest in enforcing its non-discrimination policies generally, but whether it has such an interest in denying an exception to CSS. The Court concluded that it did not.

Justice Amy Coney Barrett wrote a separate concurring opinion in which Justice Brett Kavanaugh joined and in which Justice Stephen Breyer joined as to all but the first paragraph. Justice Barrett acknowledged strong arguments for overruling Smith but agreed with the majority that the facts of the case did not trigger Smith.

Justice Samuel Alito authored an opinion concurring in the judgment, in which Justices Clarence Thomas and Neil Gorsuch joined. Justice Alito would overrule Smith, replacing it with a rule that any law that burdens religious exercise must be subject to strict scrutiny.

Justice Gorsuch authored an opinion concurring in the judgment, in which Justices Thomas and Alito joined, criticizing the majority's circumvention of Smith.

Cite this page

"Fulton v. City of Philadelphia." Oyez, www.oyez.org/cases/2020/19-123. Accessed 17 Jul. 2021.

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A case in which the Court held that the refusal of Philadelphia to contract with Catholic Social Services (CSS) for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.

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19 Tex. Admin. Code § 89.1611

This code specifically addresses transition assistance for students in foster in care (19 Tex. Admin. Code § 89.1611).

Reference
19 Tex. Admin. Code § 89.1611 (2020).

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Appropriate school district or open-enrollment charter school staff must facilitate the process to complete and submit a University Interscholastic League (UIL) waiver of residence application form for a student who is homeless or in substitute care and plans to participate in varsity athletics or other UIL-sponsored activities.
(1) Districts and charter schools must comply with Texas Education Code, §25.001(f), and a durational residence requirement may not prohibit a student in substitute care from fully participating in any activity sponsored by the school district. (2) Students in foster care remaining in their school of origin but residing outside of the school district of attendance shall be afforded a waiver, as allowed under UIL Constitution and Contest Rules Section 442: Residence in School District and Attendance Zone.

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Appropriate school district or open-enrollment charter school staff must facilitate the process to complete and submit a University Interscholastic League (UIL) waiver of residence application form for a student who is homeless or in substitute care and plans to participate in varsity athletics or other UIL-sponsored activities.

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Tex. Const. art. 7 § 1

Article 7, Section 1 of the Texas Constitution calls for the Texas legislature to create and develop sufficient provision to maintain a free public school system for all (Tex. Const. art. 7 § 1).

Reference
Tex. Const. art. 7 § 1

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The Abilene Independent School District Student/Parent Handbook (2020) asserts the rights of students in foster care to have district assistance throughout registration and the duration of their enrollment with access to pertinent educational services.

This policy was chosen as it directly impacts students in foster care and demonstrates to them the district's intention to be involved and invested in their outcomes, both academically and in terms of their well-being, from their entry into AISD forward.

Reference
Abilene Independent School District. (2020). Abilene independent school district 2020-2021 parent/student handbook. Retrieved July 15, 2021 from https://www.abileneisd.org/wp-content/uploads/2020/10/2020-2021-Parent-Student-Handbook-1.pdf

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American School Counselors Association (2016) code A.10.f. states that counselors must "Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need" (p. 5).

This particular standard affirms the ethical duty of a school counselor to ensure that students in foster care understand their rights and to support them in navigating  transitions and placement.  It further asserts that school counselors must also work as facilitators and collaborators in connecting and communicating with relevant agencies and resources in service of these students.

Reference
American School Counselors Association. (2016). ASCA ethical standards for school standards. Retrieved July 15, 2021 from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf.

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After a thorough study of legal and ethics it is clear that every step in my academic journey has been shaped by some form of educational law, and that it continues to do so today.  From being a student, to being a professional, taxpayer, and now even as a parent of school age and college students it is inextricably woven throughout my life.  Now, with a greater awareness of how important it is to have knowledge of and consciousness around the four types of law and their evolving issues I know better how to source it and apply it in my work and in my life.  Ethical and legal comprehension essentially  serves as the foundation for the education system.  I feel as though this makes me a more complete professional.  In this exercise I have learned that this knowledge will serve me as I work in my role as a campus leader and facilitator. with students, such as those in foster care, families impacted by separation, staff who might have been in the system or care for foster children, and the community. resources that provide for the education, health, and mental health of students in foster care.

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Some best practices when working with students in foster care include:

Developing  a classroom environment that creates a felt sense of safety (Alber, 2019)

Providing students with opportunities for choice and autonomy (Alber, 2019)

Strengthening connections through your interactions (Alber, 2019)

Integrating opportunities for social emotional learning and self-regulation practice (Alber, 2019)

Not asking, but being open to their disclosure of being in foster care and responding with attentiveness and empathy (Alber, 2019)

Being knowledgeable about current issues facing students in foster care and how they are impacted

Understanding legal and ethical duties and responsibilities in the service of students in foster care

Pursuing opportunities for training and professional development related to working with children in foster care

Reference
Alber, R. (2019). Supporting students living in foster care. Retrieved July 17, 2021 from https://www.edutopia.org/article/supporting-students-living-foster-care

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In the U.S. today, more than 400,000 children are in foster care at any given time, and they have a high likelihood of having experienced neglect or physical, sexual, or emotional abuse, according to Jill Rowland, director of the Alliance for Children's Rights.

Rowland told me that the following statistics on students in foster care in my home state of California are representative of the nation as a whole:

By third grade, 83 percent of students in foster care have repeated a grade.

The dropout rate for students in foster care is 31 percent, compared to 10 percent for all students.

Only 52 percent of foster youth graduate high school, compared to 84 percent of all students.

More than 70 percent of foster youth aged 7 and above have experienced trauma and/or exhibit mental health symptoms.

"Teachers can identify signs of trauma and trauma triggers by looking for fight, flight, or freeze behaviors," explains Rowland. "Fight behaviors really mean any large or explosive behaviors that don't seem to line up with whatever was the stimulus or trigger." An example of a fight behavior would be screaming or cursing at a teacher when they ask the student to answer a math problem. Flight behaviors can look like a student checking out, falling asleep in class, always keeping their hoodie up, or hiding under a desk or table. Freeze behaviors can be a student appearing confused when spoken to, or staring blankly when asked a question.

An essential goal for classroom teachers is to create a classroom environment with few potential trauma triggers. According to the U.S. Department of Education, "A positive pre-K-12 education experience has the potential to be a powerful counterweight to the abuse, neglect, separation, impermanence, and other barriers these vulnerable students experience."

Supportive Classroom Practices

When I taught at a public high school in a high poverty part of Los Angeles, I had dozens of students in foster care come through my classroom. Some would be with me for a whole school year, others for just a few months or even weeks. I often felt ill equipped to support them.

What can we do as educators? In my conversation with Rowland, she emphasized that when teachers are assisting struggling students like those in foster care, it's critical to cultivate and maintain a comfortable and safe classroom community.

Creating a sense of safety: Give students additional space when they need it-for example, allow them to leave a group they're working with and sit elsewhere to finish a task independently if they need space.

Giving students a sense of control of their environment: This primarily comes in the form of choices such as asking students where they'd like to sit or how they'd like to complete an assignment.

Working to ensure that students feel connected: Check in with students often so they feel cared for and seen. Rowland recommends the 2x10 method: The teacher spends two minutes, for 10 school days in a row, simply talking to a struggling student about anything of interest to the student-it could be sports or music, for example. Or just ask how the student's day is going. These conversations should not be about schoolwork, homework, home life, or any other stressor, unless the student brings it up.

Use this method to build better relationships with your students who struggle the most, or who give you the hardest time by repeatedly testing boundaries.

Teaching self-regulation skills: Teach students deep breathing and meditation or mindfulness exercises, and allow them to take time out to use these techniques when needed.

There are a couple of other simple things we can do as educators. First, use the term "caregivers" along with "parents" in your classroom. This is inclusive and works for all of your students who are not experiencing a home situation with parents. They'll notice this small but powerful change.

Also, you won't always know if you have a child in foster care in your classroom, but you can just assume that you do and act accordingly-the ideas above are good for all students. Most school districts receive a weekly notification concerning students in foster care and then decide who needs to know a student's foster care status for legitimate educational purposes. "I think that arguably teachers do need to know who their foster youth students are so that they address their needs," says Rowland, "but that is ultimately a district decision."

When a Student Shares Personal Details With You

I had students confide in me that they were in foster care, and I had hunches about others who did not share that with me. According to Rowland, there are several points to keep in mind when a student does share their foster care status with you.

If or when students feel safe and choose to disclose foster care status, it must be on their terms. Make sure the student has a private space to speak with you, and keep in mind that this information is confidential.

Don't ask questions about trauma. Rowland says, "It's important to remember that appropriate interventions don't require the child telling their trauma history, which can often retraumatize a student, but rather can focus on helping a child feel safe."

Be empathic. Use statements like, "That must be so horrible for you," "I'm so sorry you are going through that," and "What can I do to help?" Asking if they need anything-clothing, food, or school supplies-is a signal that you care about their well-being.

Supporting Foster Youth as They Exit the System

About 20,000 students exit foster care each year-a process also called emancipation or aging out. If you're teaching high school juniors or seniors who have discussed their foster care status with you, you can guide them to a resource called the Foster Care Transition Toolkit and offer time during lunch or before or after school to read through it together. This toolkit is intended to help the students access the information and resources they need to begin their transition to young adulthood. It's also a resource for caring and supportive adults in their lives so they are best informed during this transition.

"Teachers often have a profound impact on the students they connect with, and that is especially true in the turbulent lives of foster youth," explains Rowland. "Many of the youth that I work with talk about the teachers and other adults at school that they felt cared for them and who inspired them to pursue their education."

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Supporting Students Living in Foster Care

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In the U.S. today, more than 400,000 children are in foster care at any given time, and they have a high likelihood of having experienced neglect or physical, sexual, or emotional abuse, according to Jill Rowland, director of the Alliance for Children's Rights.