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.