89R8292 GP-D     By: Olcott H.B. No. 2591       A BILL TO BE ENTITLED   AN ACT   relating to the operation of a juvenile justice alternative   education program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.086(a), Education Code, is amended to   read as follows:          (a)  A child is exempt from the requirements of compulsory   school attendance if the child:                (1)  attends a private or parochial school that   includes in its course a study of good citizenship;                (2)  is eligible to participate in a school district's   special education program under Section 29.003 and cannot be   appropriately served by the resident district;                (3)  has a physical or mental condition of a temporary   and remediable nature that makes the child's attendance infeasible   and holds a certificate from a qualified physician specifying the   temporary condition, indicating the treatment prescribed to remedy   the temporary condition, and covering the anticipated period of the   child's absence from school for the purpose of receiving and   recuperating from that remedial treatment;                (4)  is expelled in accordance with the requirements of   law in a school district that does not participate in a [mandatory]   juvenile justice alternative education program under Section   37.011;                (5)  is at least 17 years of age and:                      (A)  is attending a course of instruction to   prepare for the high school equivalency examination, and:                            (i)  has the permission of the child's parent   or guardian to attend the course;                            (ii)  is required by court order to attend   the course;                            (iii)  has established a residence separate   and apart from the child's parent, guardian, or other person having   lawful control of the child; or                            (iv)  is homeless; or                      (B)  has received a high school diploma or high   school equivalency certificate;                (6)  is at least 16 years of age and is attending a   course of instruction to prepare for the high school equivalency   examination, if:                      (A)  the child is recommended to take the course   of instruction by a public agency that has supervision or custody of   the child under a court order; or                      (B)  the child is enrolled in a Job Corps training   program under the Workforce Investment Act of 1998 (29 U.S.C.   Section 2801 et seq.);                (7)  is at least 16 years of age and is enrolled in a   high school diploma program under Chapter 18;                (8)  is enrolled in the Texas Academy of Mathematics   and Science under Subchapter G, Chapter 105;                (9)  is enrolled in the Texas Academy of Leadership in   the Humanities;                (10)  is enrolled in the Texas Academy of Mathematics   and Science at The University of Texas Rio Grande Valley;                (11)  is enrolled in the Texas Academy of International   Studies; or                (12)  is specifically exempted under another law.          SECTION 2.  Section 37.010(a), Education Code, is amended to   read as follows:          (a)  Not later than the second business day after the date a   hearing is held under Section 37.009, the board of trustees of a   school district or the board's designee shall deliver a copy of the   order placing a student in a disciplinary alternative education   program under Section 37.006 or expelling a student under Section   37.007 and any information required under Section 52.04, Family   Code, to the authorized officer of the juvenile court in the county   in which the student resides.  In a county that operates a program   under Section 37.011, an expelled student shall to the extent   provided by law or by the memorandum of understanding immediately   attend the educational program from the date of expulsion[, except   that in a county with a population greater than 125,000, every   expelled student who is not detained or receiving treatment under   an order of the juvenile court must be enrolled in an educational   program].          SECTION 3.  Sections 37.011(a), (k), and (m), Education   Code, are amended to read as follows:          (a)  The juvenile board of a county may [with a population   greater than 125,000 shall] develop a juvenile justice alternative   education program.  A juvenile justice alternative education   program in county with a population greater than 125,000 is [,]   subject to the approval of the Texas Juvenile Justice Department.   [The juvenile board of a county with a population of 125,000 or less   may develop a juvenile justice alternative education program.] For   the purposes of this subchapter, only a disciplinary alternative   education program operated under the authority of a juvenile board   of a county is considered a juvenile justice alternative education   program.  A juvenile justice alternative education program in a   county with a population of 125,000 or less:                (1)  is not required to be approved by the department;   and                (2)  is not subject to Subsection (c), (d), (f), or (g).          (k)  Each school district in a county with a population   greater than 125,000 that operates a juvenile justice alternative   education program and the county juvenile board shall annually   enter into a joint memorandum of understanding that:                (1)  outlines the responsibilities of the juvenile   board concerning the establishment and operation of a juvenile   justice alternative education program under this section;                (2)  defines the amount and conditions on payments from   the school district to the juvenile board for students of the school   district served in the juvenile justice alternative education   program whose placement was not made on the basis of an expulsion   required under Section 37.007(a), (d), or (e);                (3)  establishes that a student may be placed in the   juvenile justice alternative education program if the student   engages in serious misbehavior, as defined by Section 37.007(c);                (4)  identifies and requires a timely placement and   specifies a term of placement for expelled students for whom the   school district has received a notice under Section 52.041(d),   Family Code;                (5)  establishes services for the transitioning of   expelled students to the school district prior to the completion of   the student's placement in the juvenile justice alternative   education program;                (6)  establishes a plan that provides transportation   services for students placed in the juvenile justice alternative   education program;                (7)  establishes the circumstances and conditions   under which a juvenile may be allowed to remain in the juvenile   justice alternative education program setting once the juvenile is   no longer under juvenile court jurisdiction; and                (8)  establishes a plan to address special education   services required by law.          (m)  Each school district in a county with a population   greater than 125,000 that operates a juvenile justice alternative   education program and the county juvenile board shall adopt a joint   memorandum of understanding as required by this section not later   than September 1 of each school year.          SECTION 4.  Section 53.02(e), Family Code, is amended to   read as follows:          (e)  Unless otherwise agreed in the memorandum of   understanding under Section 37.011, Education Code, in a county   with a population greater than 125,000 that operates a juvenile   justice alternative education program under Section 37.011,   Education Code, if a child being released under this section is   expelled under Section 37.007, Education Code, the release shall be   conditioned on the child's attending a juvenile justice alternative   education program pending a deferred prosecution or formal court   disposition of the child's case.          SECTION 5.  Section 54.01(f), Family Code, is amended to   read as follows:          (f)  Unless otherwise agreed in the memorandum of   understanding under Section 37.011, Education Code, a release may   be conditioned on requirements reasonably necessary to insure the   child's appearance at later proceedings, but the conditions of the   release must be in writing and a copy furnished to the child.  In a   county with a population greater than 125,000 that operates a   juvenile justice alternative education program under Section   37.011, Education Code, if a child being released under this   section is expelled under Section 37.007, Education Code, the   release shall be conditioned on the child's attending a juvenile   justice alternative education program pending a deferred   prosecution or formal court disposition of the child's case.          SECTION 6.  A juvenile court that has placed a child on   juvenile probation or deferred prosecution under Title 3, Family   Code, and required as a condition of probation or deferred   prosecution, as described by Section 37.011(b), Education Code,   that the child attend a juvenile justice alternative education   program in a county that is no longer required to operate a juvenile   justice alternative education program under Section 37.011,   Education Code, as amended by this Act, shall modify the conditions   of probation or deferred prosecution if the county discontinues   operation of the juvenile justice alternative education program.          SECTION 7.  This Act applies beginning with the 2025-2026   school year.          SECTION 8.  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, 2025.