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.