85R1844 PAM-D     By: Raymond H.B. No. 156       A BILL TO BE ENTITLED   AN ACT   relating to establishing a pilot program in designated public high   schools in certain municipalities for placement of students in   Junior Reserve Officers' Training Corps programs as an alternative   to placement in disciplinary or juvenile justice alternative   education programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 37, Education Code, is amended by adding   Subchapter A-1 to read as follows:   SUBCHAPTER A-1.  PILOT PROGRAM IN DESIGNATED HIGH SCHOOLS IN   CERTAIN MUNICIPALITIES FOR ALTERNATIVE DISCIPLINARY PLACEMENT:   JUNIOR RESERVE OFFICERS' TRAINING CORPS (JROTC)          Sec. 37.031.  ESTABLISHMENT OF PILOT PROGRAM. (a) A pilot   program is established under this subchapter for placement of high   school students in Junior Reserve Officers' Training Corps programs   as an alternative, in accordance with Section 37.032, to placement   in disciplinary alternative education programs or juvenile justice   alternative education programs.          (b)  The pilot program applies only to a student enrolled in   a high school:                (1)  located in a municipality that:                      (A)  has a population of 200,000 or more;                      (B)  is located on an international border; and                      (C)  has more than 20 percent of the population 18   to 24 years of age who have not graduated from high school,   according to the most recent American Community Survey five-year   estimates compiled by the United States Census Bureau; and                (2)  designated by the agency under Subsection (c).          (c)  The agency shall designate not more than two high   schools that are located in a municipality described by Subsection   (b)(1) and that offer Junior Reserve Officers' Training Corps   programs to participate in the pilot program. The commissioner by   rule shall adopt additional criteria that promote positive student   educational outcomes for the agency to use in making designations   under this subchapter.          (d)  The application of this subchapter to a student enrolled   in a high school located in a municipality described by Subsection   (b)(1) is not affected if, after the high school is designated under   Subsection (c), the high school graduation rate in the municipality   changes and the municipality no longer meets the requirements of   Subsection (b)(1)(C).          Sec. 37.032.  PARTICIPATION REQUIREMENTS AND EXCEPTIONS.   (a) Notwithstanding any other provision of Subchapter A and except   as provided by Subsection (c), a student subject to this subchapter   who is otherwise required or permitted under Subchapter A to be   placed in a disciplinary alternative education program or juvenile   justice alternative education program may, instead of that   placement, be required to participate in a Junior Reserve Officers'   Training Corps program if the student meets the initial eligibility   requirements for the program.          (b)  A student required to participate in a Junior Reserve   Officers' Training Corps program as authorized under this   subchapter shall continue to attend the student's regularly   assigned classes, except that the student's schedule may be   modified to the extent necessary to provide for required attendance   in the program.          (c)  This subchapter does not apply if:                (1)  the student is removed from class and placed into   another appropriate classroom or into in-school suspension under   Section 37.002 or is suspended under Section 37.005;                (2)  the student engages in conduct described by   Section 37.006(a)(2)(B) or Section 37.007(a)(2) or (b)(2)(C);                (3)  the continued presence of the student in the   regular classroom threatens the safety of other students or   teachers; or                (4)  the student engages in conduct for which the   student is required to be expelled from the student's regular   campus under federal law.          Sec. 37.033.  STUDENT CODE OF CONDUCT. (a) In addition to   the requirements for the student code of conduct under Section   37.001, the student code of conduct for a school district that   includes a school designated under Section 37.031(c) must,   consistent with this subchapter and as applied to the designated   school:                (1)  specify conditions that authorize a principal or   other appropriate administrator to require a student to participate   in a Junior Reserve Officers' Training Corps program;                (2)  specify that consideration will be given, as a   factor in each decision concerning participation in a Junior   Reserve Officers' Training Corps program, to:                      (A)  self-defense;                      (B)  intent or lack of intent at the time the   student engaged in the conduct;                      (C)  a student's disciplinary history; or                      (D)  a disability that substantially impairs the   student's capacity to appreciate the wrongfulness of the student's   conduct;                (3)  provide guidelines that promote positive student   educational outcomes for determining placement in a Junior Reserve   Officers' Training Corps program as an alternative to placement in   a disciplinary alternative education program or juvenile justice   alternative education program;                (4)  provide guidelines for setting the length of a   term of required participation in a Junior Reserve Officers'    Training Corps program; and                (5)  address the notification of a student's parent or   guardian of a violation of the student code of conduct committed by   the student that results in required participation in a Junior   Reserve Officers' Training Corps program.          (b)  This section does not require the student code of   conduct to specify a minimum term of required participation in a   Junior Reserve Officers' Training Corps program.          Sec. 37.034.  DETERMINATION REGARDING CERTAIN CONDUCT.     Section 37.006(e) applies to this subchapter.          Sec. 37.035.  NOTICE TO PARENTS. (a)  Not later than the   third class day after the date a student is required to participate   in a Junior Reserve Officers' Training Corps program as authorized   under this subchapter, the school district shall notify the   student's parent or guardian of the student's placement. The notice   must include the reason for the placement.          (b)  A noncustodial parent may request in writing that a   school district or school, for the remainder of the school year in   which the request is received, provide that parent with a copy of   any written notification relating to the student's placement as   authorized under this subchapter that is generally provided by the   district or school to a student's parent or guardian.          Sec. 37.036.  TERM OF PLACEMENT. (a) The board of trustees   of the school district or the board's designee shall set a term for   a student's required participation in a Junior Reserve Officers'   Training Corps program as authorized under this subchapter. The   term must be for a period consistent with the guidelines adopted   under the student code of conduct in accordance with Section   37.033(a)(4). If the period of placement is inconsistent with the   guidelines adopted under the student code of conduct, the notice   under Section 37.035(a) must provide an explanation of the   inconsistency.          (b)  Before a student may be required to participate in a   Junior Reserve Officers' Training Corps program as authorized under   this subchapter for a period that extends beyond the end of a school   year, the board of trustees or the board's designee must determine   that the student has engaged in serious or persistent misbehavior   that violates the district's student code of conduct. The period of   required participation may not exceed one year unless, after   review, the board or the board's designee determines that extended   placement is in the best interest of the student.          Sec. 37.037.  APPEAL.  Notwithstanding Section 7.057(e),   the decision to require a student to participate in a Junior Reserve   Officers' Training Corps program as authorized under this   subchapter may be appealed by the student or the student's parent or   guardian as provided by Sections 7.057(b), (c), (d), and (f).          Sec. 37.038.  NOTICE TO EDUCATORS.  (a) The board of   trustees of the school district shall inform each educator who has   responsibility for, or is under the direction and supervision of an   educator who has responsibility for, the instruction of a student   who is required to participate in a Junior Reserve Officers'   Training Corps program as authorized under this subchapter.          (b)  Each educator shall keep the information received under   this section confidential from any person not entitled to the   information under this section, except that the educator may share   the information with the student's parent or guardian as provided   for by state or federal law.          (c)  The State Board for Educator Certification may revoke or   suspend the certification of an educator who intentionally violates   this section or Section 37.039.          Sec. 37.039.  TRANSFER OF STUDENT UNDER PILOT PROGRAM. (a)     If a student required to participate in a Junior Reserve Officers'   Training Corps program as authorized under this subchapter enrolls   in another school district before the expiration of the period of   required participation, the board of trustees of the school   district requiring the participation shall provide to the district   in which the student enrolls, at the same time other records of the   student are provided, a copy of the placement order. The district   in which the student enrolls shall inform each educator who will   have responsibility for, or will be under the direction and   supervision of an educator who will have responsibility for, the   instruction of the student of the contents of the placement order.          (b)  Each educator shall keep the information received under   this section confidential from any person not entitled to the   information under this section, except that the educator may share   the information with the student's parent or guardian as provided   for by state or federal law.          (c)  Subject to Subsection (d), the school district in which   the student enrolls may continue the Junior Reserve Officers'   Training Corps program placement under the terms of the order or may   allow the student to attend regular classes without completing the   period of required participation.          (d)  If the school the student attends in the school district   in which the student enrolls does not offer a Junior Reserve   Officers' Training Corps program, the student may be placed in a   disciplinary alternative education program or a juvenile justice   alternative education program under the procedures provided by this   subchapter for the remainder of the term set under Section 37.036.          Sec. 37.040.  PROCEDURE FOR ADDRESSING SUBSEQUENT CONDUCT   AFTER PROGRAM PARTICIPATION. A student required to participate in   a Junior Reserve Officers' Training Corps program as authorized   under this subchapter is subject to the provisions of Subchapter A   relating to removal from class and placement in a disciplinary   alternative education program or juvenile justice alternative   education program if the student, after completion of any required   participation in a Junior Reserve Officers' Training Corps program   as authorized under this subchapter, engages in subsequent conduct   requiring or permitting the student to be removed from class and   placed in a disciplinary alternative education program or juvenile   justice alternative education program under Subchapter A.          Sec. 37.041.  APPLICABILITY TO SUBCHAPTER A. Sections   37.002, 37.006, and 37.007 are subject to this subchapter.          Sec. 37.042.  REVIEW OF PROGRAM; REPORT.  Not later than   January 1, 2019, the commissioner shall review the pilot program   established under this subchapter and submit to the governor, the   lieutenant governor, the speaker of the house of representatives,   and the presiding officer of each legislative standing committee   with primary jurisdiction over primary and secondary education a   written report regarding the progress made by the pilot program in   improving student educational outcomes.          Sec. 37.043.  EXPIRATION. This subchapter expires September   1, 2019.          SECTION 2.  Section 37.020, Education Code, is amended by   adding Subsections (d) and (e) to read as follows:          (d)  For each placement in a Junior Reserve Officers'   Training Corps program under Subchapter A-1, the district shall   report:                (1)  information identifying the student, including   the student's race, sex, and date of birth, that will enable the   agency to compare placement data with information collected through   other reports;                (2)  information indicating whether the placement was   based on:                      (A)  conduct violating the student code of conduct   adopted under Section 37.001;                      (B)  conduct for which placement in a disciplinary   alternative education program or juvenile justice alternative   education program is otherwise required or permitted by this   subchapter; or                      (C)  conduct occurring while a student was   enrolled in another district and for which placement in a Junior   Reserve Officers' Training Corps program is permitted by Section   37.039;                (3)  the number of full or partial days the student was   assigned to the program and the number of full or partial days the   student attended the program;                (4)  the number of placements that were inconsistent   with the guidelines included in the student code of conduct under   Section 37.033(a)(4);                (5)  information regarding the academic performance of   the student on assessment instruments required under Section   39.023, as applicable, during the year preceding, during the year   of, and during the year following placement in the program, to the   extent available; and                (6)  information indicating whether the student   dropped out of school, to the extent available.          (e)  Subsection (d) and this subsection expire September 1,   2019.          SECTION 3.  (a) Not later than December 1, 2017, the   commissioner of education shall adopt rules for the Texas Education   Agency to use to designate public high schools to participate in the   pilot program established under Subchapter A-1, Chapter 37,   Education Code, as added by this Act.          (b)  Not later than January 1, 2018, the Texas Education   Agency shall designate not more than two public high schools to   participate in the pilot program established under Subchapter A-1,   Chapter 37, Education Code, as added by this Act.          (c)  The pilot program established under Subchapter A-1,   Chapter 37, Education Code, as added by this Act, shall be   implemented in each high school designated under that subchapter   beginning with the spring semester of the 2017-2018 school year.          SECTION 4.  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, 2017.