85R25537 MK-D     By: Vo, Bernal H.B. No. 1640       A BILL TO BE ENTITLED   AN ACT   relating to ensuring continuity of education for homeless children   and foster care youth and access to higher education, career   information, and skills certification for foster care youth and   former foster care youth.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.007(b), Education Code, as amended by   Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. 1494),   Acts of the 84th Legislature, Regular Session, 2015, is reenacted   and amended to read as follows:          (b)  In recognition of the challenges faced by students who   are homeless or in substitute care, the agency shall assist the   transition of students who are homeless or in substitute care from   one school to another by:                (1)  ensuring that school records for a student who is   homeless or in substitute care are transferred to the student's new   school not later than the 10th working day after the date the   student begins enrollment at the school;                (2)  developing systems to ease transition of a student   who is homeless or in substitute care during the first two weeks of   enrollment at a new school;                (3)  developing procedures for awarding credit,   including partial credit if appropriate, for course work, including   electives, completed by a student who is homeless or in substitute   care while enrolled at another school;                (4)  developing procedures to ensure that a new school   relies on decisions made by the previous school regarding placement   in courses or educational programs of a student who is homeless or   in substitute care and places the student in comparable courses or   educational programs at the new school, if those courses or   programs are available;                (5)  promoting practices that facilitate access by a   student who is homeless or in substitute care to extracurricular   programs, summer programs, credit transfer services, electronic   courses provided under Chapter 30A, and after-school tutoring   programs at nominal or no cost;                (6) [(5)]  establishing procedures to lessen the   adverse impact of the movement of a student who is homeless or in   substitute care to a new school;                (7) [(6)]  entering into a memorandum of understanding   with the Department of Family and Protective Services regarding the   exchange of information as appropriate to facilitate the transition   of students in substitute care from one school to another;                (8) [(7)]  encouraging school districts and   open-enrollment charter schools to provide services for a student   who is homeless or in substitute care in transition when applying   for admission to postsecondary study and when seeking sources of   funding for postsecondary study;                (9) [(8)]  requiring school districts, campuses, and   open-enrollment charter schools to accept a referral for special   education services made for a student who is homeless or in   substitute care by a school previously attended by the student, and   to provide comparable services to the student during the referral   process or until the new school develops an individualized   education program for the student;                (10) [(9)]  requiring school districts, campuses, and   open-enrollment charter schools to provide notice to the child's   educational decision-maker and caseworker regarding events that   may significantly impact the education of a child, including:                      (A)  requests or referrals for an evaluation under   Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or   special education under Section 29.003;                      (B)  admission, review, and dismissal committee   meetings;                      (C)  manifestation determination reviews required   by Section 37.004(b);                      (D)  any disciplinary actions under Chapter 37 for   which parental notice is required;                      (E)  citations issued for Class C misdemeanor   offenses on school property or at school-sponsored activities;                      (F)  reports of restraint and seclusion required   by Section 37.0021; and                      (G)  use of corporal punishment as provided by   Section 37.0011;                (11) [(10)]  developing procedures for allowing a   student who is homeless or in substitute care who was previously   enrolled in a course required for graduation the opportunity, to   the extent practicable, to complete the course, at no cost to the   student, before the beginning of the next school year;                (12) [(11)]  ensuring that a student who is homeless or   in substitute care who is not likely to receive a high school   diploma before the fifth school year following the student's   enrollment in grade nine, as determined by the district, has the   student's course credit accrual and personal graduation plan   reviewed;                (13) [(12)]  ensuring that a student in substitute care   who is in grade 11 or 12 be provided information regarding tuition   and fee exemptions under Section 54.366 for dual-credit or other   courses provided by a public institution of higher education for   which a high school student may earn joint high school and college   credit; [and]                (14) [(13)]  designating at least one agency employee   to act as a liaison officer regarding educational issues related to   students in the conservatorship of the Department of Family and   Protective Services; and                (15) [(14)]  providing other assistance as identified   by the agency.          SECTION 2.  Section 25.007, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  The commissioner may establish rules to implement this   section and to facilitate the transition between schools of   children who are homeless or in substitute care.          SECTION 3.  Subchapter B, Chapter 264, Family Code, is   amended by adding Section 264.1211 to read as follows:          Sec. 264.1211.  CAREER DEVELOPMENT AND EDUCATION PROGRAM.     (a)  The department shall collaborate with local workforce   development boards, foster care transition centers, community and   technical colleges, schools, and any other appropriate workforce   industry resources to create a program that:                (1)  assists foster care youth and former foster care   youth in obtaining:                      (A)  a high school diploma or a high school   equivalency certificate; and                      (B)  industry certifications that are necessary   for occupations that are in high demand;                (2)  provides career guidance to foster care youth and   former foster care youth; and                (3)  informs foster care youth and former foster care   youth about the tuition and fee waivers for institutions of higher   education that are available under Section 54.366, Education Code.          (b)  Not later than September 1, 2018, the department, in   collaboration with the Texas Education Agency, shall produce a   report on the program created under Subsection (a).  The report must   include recommendations for legislative or other action to further   develop the program.  The department shall submit the report to the   governor, the lieutenant governor, the speaker of the house of   representatives, and the standing committees of the legislature   with jurisdiction over education.  This subsection expires   September 1, 2019.          SECTION 4.  Section 25.007(b), Education Code, as reenacted   and amended by this Act, applies beginning with the 2017-2018   school year.          SECTION 5.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.