S.B. No. 393
                                        AN ACT
    1-1  relating to financial assistance to school districts for programs
    1-2  to improve student achievement and for programs for students who
    1-3  are at risk of dropping out; administration of the equivalency
    1-4  examination pilot program and the investment capital fund; and
    1-5  notification to school districts of births to school-age students.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Subchapter A, Chapter 11, Education Code, is
    1-8  amended by adding Section 11.2092 to read as follows:
    1-9        Sec. 11.2092.  INVESTMENT CAPITAL FUND.  (a)  The investment
   1-10  capital fund consists of money transferred to the fund as provided
   1-11  by Section 16.152(m) of this code.  The Central Education Agency
   1-12  shall administer the fund.  The purpose of this fund is to assist
   1-13  eligible public schools to implement practices and procedures
   1-14  consistent with deregulation and school restructuring in order to
   1-15  improve student achievement and increase parental and community
   1-16  involvement in the schools.
   1-17        (b)  The commissioner of education may make grants from the
   1-18  fund to eligible schools.  A school may apply for a grant under
   1-19  rules adopted by the State Board of Education.
   1-20        (c)  A school is eligible to apply for a grant if the school
   1-21  has demonstrated a commitment to campus deregulation and to
   1-22  restructuring educational practices and conditions at the school in
   1-23  partnership with:
   1-24              (1)  school staff;
    2-1              (2)  parents of students at the school;
    2-2              (3)  community and business leaders;
    2-3              (4)  school district officers;
    2-4              (5)  a nonprofit, community-based organization; and
    2-5              (6)  the Central Education Agency.
    2-6        (d)  A grant from the fund shall be made directly to the
    2-7  school and may be used for the training and development of school
    2-8  staff and parents in order that they understand the academic
    2-9  standards and practices necessary for high academic achievement and
   2-10  appropriate strategies to deregulate and restructure the school in
   2-11  order to improve student achievement.
   2-12        (e)  The commissioner of education may make a grant of up to
   2-13  $25,000 each academic year to an eligible school.  Campus
   2-14  administration personnel of a school that receives a grant under
   2-15  this section are accountable to the commissioner of education and
   2-16  must demonstrate:
   2-17              (1)  the responsible use of the grant to achieve campus
   2-18  deregulation and restructuring to improve academic performance; and
   2-19              (2)  a comprehensive plan to engage in on-going
   2-20  development and training of teachers, parents, and community
   2-21  leaders to:
   2-22                    (A)  understand academic standards;
   2-23                    (B)  develop effective strategies to improve
   2-24  academic performance; and
   2-25                    (C)  organize a large constituency of parents and
   2-26  community leaders to hold the school and school district
   2-27  accountable to achieve high academic standards; and
    3-1              (3)  on-going progress in achieving higher academic
    3-2  performance.
    3-3        SECTION 2.  Subsection (g), Section 16.152,  Education Code,
    3-4  is amended to read as follows:
    3-5        (g)  From the total amount of funds appropriated for
    3-6  allotments under this section, the commissioner of education shall,
    3-7  each fiscal year, withhold an <the> amount to be determined by the
    3-8  commissioner in consultation with the Legislative Education Board,
    3-9  but not less than <of> $10,000,000, and distribute that amount for
   3-10  programs under Section 21.114 of this code.  In distributing those
   3-11  funds, preference shall be given to a school district that received
   3-12  funds for a program under Section 21.114 of this code for the
   3-13  preceding school year.  The program established under that section
   3-14  is required only in school districts in which the program is
   3-15  financed by funds distributed under this section and any other
   3-16  funds available for the program.
   3-17        SECTION 3.  Section 16.152, Education Code, is amended by
   3-18  adding Subsections (m) and (n) to read as follows:
   3-19        (m)  From the total amount of funds appropriated for
   3-20  allotments under this section, the commissioner of education shall,
   3-21  each fiscal year, withhold the amount of $1 million for transfer to
   3-22  the investment capital fund under Section 11.2092 of this code.
   3-23        (n)  After deducting the amount withheld under Subsection (m)
   3-24  of this section from the total amount appropriated for the
   3-25  allotment under Subsection (a) of this section, the commissioner of
   3-26  education shall reduce each district's allotment under Subsection
   3-27  (a) proportionately and shall allocate funds to each district
    4-1  accordingly.
    4-2        SECTION 4.  Subsection (a), Section 21.114, Education Code,
    4-3  is amended to read as follows:
    4-4        (a)  A school district may provide an integrated program of
    4-5  educational and support services for students who are pregnant or
    4-6  who are parents <if at least 30 percent of the district's students
    4-7  are of low socioeconomic status, as determined under rules adopted
    4-8  by the State Board of Education>.
    4-9        SECTION 5.  Subsection (f), Section 21.557,  Education Code,
   4-10  is amended to read as follows:
   4-11        (f)  For the purposes of this section, "student at risk of
   4-12  dropping out of school" includes:
   4-13              (1)  each student in grade levels seven through 12 who
   4-14  is under 21 years of age and who:
   4-15                    (A)  was not advanced from one grade level to the
   4-16  next two or more school years;
   4-17                    (B)  has mathematics or reading skills that are
   4-18  two or more years below grade level;
   4-19                    (C)  did not maintain an average equivalent to 70
   4-20  on a scale of 100 in two or more courses during a semester, or is
   4-21  not maintaining such an average in two or more courses in the
   4-22  current semester, and is not expected to graduate within four years
   4-23  of the date the student begins ninth grade; <or>
   4-24                    (D)  did not perform satisfactorily on an
   4-25  assessment instrument administered under this subchapter in the
   4-26  seventh, ninth, or twelfth grade; or
   4-27                    (E)  is a student who is pregnant or who is a
    5-1  parent;
    5-2              (2)  each student in prekindergarten through grade
    5-3  level six who:
    5-4                    (A)  did not perform satisfactorily on a
    5-5  readiness test or assessment instrument administered at the
    5-6  beginning of the school year;
    5-7                    (B)  did not perform satisfactorily on an
    5-8  assessment instrument administered under this subchapter in the
    5-9  third or fifth grade;
   5-10                    (C)  is a student of limited English proficiency,
   5-11  as defined by Section 21.452 of this code;
   5-12                    (D)  is sexually, physically, or psychologically
   5-13  abused;
   5-14                    (E)  engages in conduct described by Section
   5-15  51.03(a), Family Code; or
   5-16                    (F)  is otherwise identified as at risk under
   5-17  rules adopted by the State Board of Education; and
   5-18              (3)  each nonhandicapped student who resides in a
   5-19  residential placement facility in a district in which the student's
   5-20  parent or legal guardian does not reside, including a detention
   5-21  facility, substance abuse treatment facility, emergency shelter,
   5-22  psychiatric hospital, halfway house, or foster family group home.
   5-23        SECTION 6.  Subchapter A, Chapter 192, Health and Safety
   5-24  Code, is amended by adding Section 192.0031 to read as follows:
   5-25        Sec. 192.0031.  INFORMATION  OF BIRTH TO SCHOOL-AGE MOTHER.
   5-26  (a)  Notwithstanding Section 3, Chapter 424, Acts of the 63rd
   5-27  Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
    6-1  Texas Civil Statutes), the department shall notify the commissioner
    6-2  of education of each birth to a school-age mother.  The
    6-3  commissioner may notify the school district in which a school-age
    6-4  mother resides of each birth to a school-age mother.
    6-5        (b)  The department may not notify the commissioner of a
    6-6  birth to a school-age mother if:
    6-7              (1)  the child died at birth; or
    6-8              (2)  the child was placed for adoption.
    6-9        (c)  A notification under this section must include the name
   6-10  and address of the mother, the father, if the father is of school
   6-11  age and is named on the birth certificate, and the person born.
   6-12  Reports under this section shall be sent at least quarterly.
   6-13        SECTION 7.  Subsections (f) and (g), Section 11.351,
   6-14  Education Code, are repealed.
   6-15        SECTION 8.  This Act applies beginning with the 1993-1994
   6-16  school year.
   6-17        SECTION 9.  The importance of this legislation and the
   6-18  crowded condition of the calendars in both houses create an
   6-19  emergency and an imperative public necessity that the
   6-20  constitutional rule requiring bills to be read on three several
   6-21  days in each house be suspended, and this rule is hereby suspended,
   6-22  and that this Act take effect and be in force from and after its
   6-23  passage, and it is so enacted.