bill makes juvenile justice alternative schools optional

The text as introduced · 1,447 words

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.