By: Luna, Zaffirini S.B. No. 679
Lucio, Rosson
A BILL TO BE ENTITLED
AN ACT
1-1 relating to an extended year program for certain public school
1-2 students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter O, Chapter 21, Education Code, is
1-5 amended by adding Section 21.562 to read as follows:
1-6 Sec. 21.562. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school
1-7 district may apply to the commissioner of education for approval to
1-8 provide an extended year program for a period not to exceed 30 days
1-9 for students in kindergarten through grade level eight who are
1-10 identified as likely not to be promoted to the next grade level for
1-11 the succeeding school year.
1-12 (b) The commissioner may adopt rules for the administration
1-13 of programs provided under this section.
1-14 (c) A school district may not enroll more than 12 students
1-15 in a class provided under this section.
1-16 (d) Each class provided under this section shall be taught
1-17 by a teacher who has successfully completed a program that provides
1-18 training to teach a class under this section and that satisfies
1-19 standards the commissioner establishes.
1-20 (e) A student who attends at least 85 percent of the program
1-21 days of a program under this section shall be promoted to the next
1-22 grade level at the beginning of the next school year unless a
1-23 parent of the student presents a written request to the school
1-24 principal that the student not be promoted to the next grade level.
2-1 As soon as practicable after receiving the request from a parent,
2-2 the principal shall hold a formal meeting with the student's
2-3 parent, extended year program teacher, and counselor. During the
2-4 meeting, the principal, teacher, or counselor shall explain the
2-5 longitudinal statistics on the academic performance of students who
2-6 are not promoted to the next grade level and provide information on
2-7 the effect of retention on a student's self-esteem and on the
2-8 likelihood of a student dropping out of school. After the meeting,
2-9 the parent may withdraw the request that the student not be
2-10 promoted to the next grade level. If the parent of a student
2-11 eligible for promotion under this subsection withdraws the request,
2-12 the student shall be promoted. If a student is promoted under this
2-13 subsection, the school district shall continue to use innovative
2-14 practices to ensure that the student is successful in school in
2-15 succeeding years.
2-16 (f) A school district that provides a program under this
2-17 section shall adopt a policy designed to lead to immediate
2-18 reduction and ultimate elimination of student retention.
2-19 (g) The state's share of a program under this section may
2-20 not exceed the amount appropriated for program purposes.
2-21 SECTION 2. Subsection (c), Section 21.032, Education Code,
2-22 is amended to read as follows:
2-23 (c) Unless specifically exempted by Section 21.033 of this
2-24 code, a student enrolled in a public school district must attend an
2-25 extended year program provided by a school district for which the
2-26 student is eligible or tutorial classes required by the district
2-27 under Section 21.103(b) of this code. A district shall provide
3-1 transportation services to students required to attend an extended
3-2 year program provided by a school district in the same manner as
3-3 during the regular school year. A school district is not required
3-4 to provide transportation services to accommodate <such> students
3-5 required to attend tutorial classes under Section 21.103(b) of this
3-6 code.
3-7 SECTION 3. Subsection (a), Section 16.006, Education Code,
3-8 is amended to read as follows:
3-9 (a) In this chapter, average daily attendance is the
3-10 quotient of the sum of <determined by the daily> attendance for
3-11 each day <as averaged each month> of the minimum school year as
3-12 described under Section 16.052(a) of this code and for each day
3-13 approved by the commissioner for an extended year program under
3-14 Section 21.562 of this code divided by the number of days in the
3-15 minimum school year.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.