By:  Luna                                              S.B. No. 679
       73R5801 CAS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an extended year program for certain public school
    1-3  students.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter O, Chapter 21, Education Code, is
    1-6  amended by adding Section 21.562 to read as follows:
    1-7        Sec. 21.562.  OPTIONAL EXTENDED YEAR PROGRAM.  (a)  A school
    1-8  district may apply to the commissioner of education for approval to
    1-9  provide an extended year program for a period not to exceed 30 days
   1-10  for students in kindergarten through grade level eight who:
   1-11              (1)  are students of limited English proficiency as
   1-12  defined by Section 21.452 of this code;
   1-13              (2)  are eligible for compensatory or remedial
   1-14  instructional services under Section 21.557 of this code; or
   1-15              (3)  did not perform satisfactorily on each portion of
   1-16  an assessment instrument administered under this subchapter.
   1-17        (b)  The commissioner may adopt rules for the administration
   1-18  of programs provided under this section.
   1-19        (c)  A school district may not enroll more than 12 students
   1-20  in a class provided under this section.
   1-21        (d)  Each class provided under this section shall be taught
   1-22  by a teacher who has successfully completed a program that provides
   1-23  training to teach a class under this section and that has been
   1-24  approved for that purpose by the commissioner of education.
    2-1        (e)  A student who completes a class provided under this
    2-2  section shall be promoted to the next grade level at the beginning
    2-3  of the next school year.
    2-4        (f)  A school district may apply for approval under this
    2-5  section only for a pilot program for students in grade level one
    2-6  for the 1993-1994 school year and only for a pilot program for
    2-7  students in grade levels one and two for the 1994-1995 school year.
    2-8  This subsection expires September 1, 1995.
    2-9        SECTION 2.  Section 21.032(c), Education Code, is amended to
   2-10  read as follows:
   2-11        (c)  Unless specifically exempted by Section 21.033 of this
   2-12  code, a student enrolled in a public school district must attend an
   2-13  extended year program provided by a school district under Section
   2-14  21.562 of this code for which the student is eligible or  tutorial
   2-15  classes required by the district under Section 21.103(b) of this
   2-16  code.  A district shall provide transportation services to students
   2-17  required to attend an extended year program provided by a school
   2-18  district under Section 21.562 of this code.  A school district is
   2-19  not required to provide transportation services to accommodate
   2-20  <such> students required to attend tutorial classes under Section
   2-21  21.103(b) of this code.
   2-22        SECTION 3.  Section 16.006(a), Education Code, is amended to
   2-23  read as follows:
   2-24        (a)  In this chapter, average daily attendance is the
   2-25  quotient of the sum of <determined by the daily> attendance for
   2-26  each day <as averaged each month> of the minimum school year as
   2-27  described under Section 16.052(a) of this code and for each day
    3-1  approved by the commissioner for an extended year program under
    3-2  Section 21.562 of this code divided by the number of days in the
    3-3  minimum school year.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force from and after its
   3-10  passage, and it is so enacted.