S.B. No. 679
AN ACT
1-1 relating to average daily attendance and an extended year program
1-2 for certain public school 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. STATE-FUNDED OPTIONAL EXTENDED YEAR PROGRAM.
1-7 (a) A school district may apply to the commissioner of education
1-8 for funding and approval of an extended year program for a period
1-9 not to exceed 30 days for students in kindergarten through grade
1-10 level eight who are identified as likely not to be promoted to the
1-11 next grade level for 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 completed successfully 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) A school district may apply for approval under this
2-20 section only for a pilot program for students in grade level one
2-21 for the 1993-1994 school year and only for a pilot program for
2-22 students in grade levels one and two for the 1994-1995 school year.
2-23 The state's share of a pilot program under this section may not
2-24 exceed the amount appropriated for program purposes. Funds
2-25 provided to a pilot program may be used for transportation of
2-26 eligible students. This subsection expires September 1, 1995.
2-27 SECTION 2. Subchapter O, Chapter 21, Education Code, is
3-1 amended by adding Section 21.563 to read as follows:
3-2 Sec. 21.563. OPTIONAL EXTENDED YEAR PROGRAM. (a) A school
3-3 district may apply to the commissioner of education for approval to
3-4 provide an extended year program for a period not to exceed 45 days
3-5 for students in kindergarten through grade level eight who would
3-6 otherwise be retained.
3-7 (b) In order to provide the funding necessary for a program
3-8 approved under this section, with the approval of the commissioner
3-9 a school district may provide a number of days of instruction for
3-10 students during the regular school term that is up to five days
3-11 less than the number otherwise required under Section 16.052(a). A
3-12 school district providing a program under this section is not
3-13 entitled to funding appropriated for purposes of providing programs
3-14 under Section 21.562.
3-15 (c) The commissioner of education may adopt rules for the
3-16 administration of programs provided under this section.
3-17 SECTION 3. Subsection (c), Section 21.032, Education Code,
3-18 is amended to read as follows:
3-19 (c) Unless specifically exempted by Section 21.033 of this
3-20 code, a student enrolled in a public school district must attend an
3-21 extended year program for which the student is eligible that is
3-22 provided by the district for students identified as likely not to
3-23 be promoted to the next grade level or tutorial classes required by
3-24 the district under Section 21.103(b) of this code. A district
3-25 shall provide transportation services to each student required
3-26 under this section to attend an extended year program who would be
3-27 eligible for transportation services during a regular school term.
4-1 A school district is not required to provide transportation
4-2 services to accommodate <such> students required under this section
4-3 to attend tutorial classes.
4-4 SECTION 4. Subsection (a), Section 16.006, Education Code,
4-5 is amended to read as follows:
4-6 (a) In this chapter:
4-7 (1) for the 1993-1994 and 1994-1995 school years,
4-8 average daily attendance is determined by the daily attendance as
4-9 averaged each month of the minimum school year as described under
4-10 Section 16.052(a); and
4-11 (2) for the 1995-1996 school year and each year
4-12 thereafter, average daily attendance is the quotient of the sum of
4-13 attendance for each day of the minimum school year as described
4-14 under Section 16.052(a) and for each day approved by the
4-15 commissioner of education for an extended year program under
4-16 Section 21.562 divided by the number of days in the minimum school
4-17 year <of this code>.
4-18 SECTION 5. This Act applies beginning with the 1993-1994
4-19 school year.
4-20 SECTION 6. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force from and after its
4-26 passage, and it is so enacted.