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.