By: Allen, A. Johnson of Harris, H.B. No. 1626       Thompson of Harris, Wu, Hull, et al.     A BILL TO BE ENTITLED   AN ACT   relating to a public school student's transition from an   alternative education program to a regular educational   environment, including parental rights related to that transition,   and the admission of certain students with a criminal or   disciplinary history.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.104(b), Education Code, as amended by   Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.   2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular   Session, 2021, is reenacted and amended to read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  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 to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,   37.207, and 37.2071;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [and]                      (Y) [(X)]  parental options to retain a student   under Section 28.02124; and                      (Z)  the requirements for a student's transition   from an alternative education program under Section 37.023.          SECTION 2.  Section 25.001, Education Code, is amended by   adding Subsections (b-3) and (b-4) to read as follows:          (b-3)  Except as provided by Subsection (b-4) and   notwithstanding any provision of Chapter 37, the board of trustees   of a school district or the board's designee may not refuse to   enroll a student based on the student's criminal, juvenile, or   disciplinary history or standing.  A district shall promptly enroll   a student released from an alternative education program, as   defined by Section 37.023, who is otherwise eligible for enrollment   under Subsection (b).  This subsection may not be construed to   prohibit the board or the board's designee from:                (1)  revoking admission of a student under Subsection   (b-1);                (2)  refusing to admit a person under 18 years of age   whom the board is not required to admit under Subsection (d);                (3)  transferring a student in accordance with Section   25.0341 or 25.0342; or                (4)  expelling a student or placing a student in a   disciplinary alternative education program under Section 37.008 or   a juvenile justice alternative education program under Section   37.011 in accordance with Section 37.0051, 37.0052, 37.006, 37.007,   37.0081, or 37.011, as applicable.          (b-4)  Subsection (b-3) does not apply to the inter-district   transfer of a student under Subchapter B.          SECTION 3.  The heading to Section 37.023, Education Code,   is amended to read as follows:          Sec. 37.023.  TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM   TO REGULAR EDUCATIONAL ENVIRONMENT [CLASSROOM].          SECTION 4.  Section 37.023, Education Code, is amended by   amending Subsections (c), (d), and (e) and adding Subsections   (c-1), (d-1), (g), and (h) to read as follows:          (c)  Not later than five instructional days after the date of   a student's release from an alternative education program, the   campus administrator shall hold a meeting to coordinate the   student's enrollment and transition to a regular educational   environment [classroom].  The coordination must include assistance   and recommendations from the student's parent or a person standing   in parental relation to the student and, as applicable:                (1)  school counselors;                (2)  school district peace officers;                (3)  school resource officers;                (4)  licensed clinical social workers;                (5)  campus behavior coordinators;                (6)  classroom teachers who are or may be responsible   for implementing the student's personalized transition plan   developed under Subsection (d);                (7)  for a student who is a student with a disability as   defined by Section 21.001, the campus special education   administrator or other campus administrator responsible for   overseeing the student's educational program, as applicable;                (8)  for a student who is a court-related child, the   liaison officer appointed under Section 37.014; and                (9) [(7)]  any other appropriate school district   personnel.          (c-1)  The campus administrator shall, before finalizing a   personalized transition plan for a student under Subsection (d),   provide to the student's parent or a person standing in parental   relation to the student:                (1)  a list of the people who will be assisting in the   student's enrollment and transition to a regular educational   environment under Subsection (c); and                (2)  an opportunity to meet, either in person or   remotely, with the people included on the list described by   Subdivision (1) to:                      (A)  discuss any proposed assistance or   recommendations for the student's transition; and                      (B)  provide information regarding the student   that may be useful in developing the plan.          (d)  The enrollment and transition assistance required by   Subsection (c) must include a personalized transition plan for the   student developed by the campus administrator.  A personalized   transition plan:                (1)  must include recommendations for the best   educational placement of the student based on a review of the   student's previous coursework, course credit earned, performance   on any assessment instrument administered under Section 37.0082,   and educational record, including:                      (A)  a calculation of the number of course credits   the student has earned toward graduation requirements, as   determined under Subsection (g); and                      (B)  a description of appropriate courses in which   the student should be placed; and                (2)  may include:                      (A)  recommendations for counseling, behavioral   management, or academic assistance for the student with a   concentration on the student's academic or career goals;                      (B)  recommendations for assistance for obtaining   access to mental health services provided by the district or   school, a local mental health authority, or another private or   public entity; and                      (C)  the provision of information to the student's   parent or a person standing in parental relation to the student   about the process to request a full individual and initial   evaluation of the student for purposes of special education   services under Section 29.004[; and                      [(D) a regular review of the student's progress   toward the student's academic or career goals].          (d-1)  After a student has transitioned to a regular   educational environment under this section, the campus   administrator or the administrator's designee shall conduct   reviews at the beginning of each semester and the end of each school   year of the student's progress toward the student's academic or   career goals.          (e)  As soon as practicable after completing a student's   personalized transition plan under Subsection (d) [If   practicable], the campus administrator shall provide an electronic   or written copy of the personalized transition plan to [, or the   administrator's designee, shall meet with] the student's parent or   a person standing in parental relation to the student [to   coordinate plans for the student's transition].          (g)  A school district shall adopt a policy that, to the   greatest extent possible, allows for credits that were successfully   completed while the student was enrolled in an alternative   education program or at a previous school, including a school   within the Windham School District, to fulfill credits required for   high school graduation, provided that the completed courses meet   the standards adopted under Section 28.002(c).  The policy adopted   under this subsection may provide for partial credit, if determined   appropriate by the district.          (h)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 5.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 6.  This Act applies beginning with the 2023-2024   school year.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.