1-1  By:  Luna                                              S.B. No. 679
    1-2        (In the Senate - Filed March 8, 1993; March 9, 1993, read
    1-3  first time and referred to Committee on Education; March 24, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; March 24, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Ratliff            x                               
    1-9        Haley              x                               
   1-10        Barrientos         x                               
   1-11        Bivins             x                               
   1-12        Harris of Tarrant  x                               
   1-13        Luna               x                               
   1-14        Montford           x                               
   1-15        Shapiro            x                               
   1-16        Sibley             x                               
   1-17        Turner             x                               
   1-18        Zaffirini          x                               
   1-19  COMMITTEE SUBSTITUTE FOR S.B. No. 679                     By:  Luna
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to an extended year program for certain public school
   1-23  students.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Subchapter O, Chapter 21, Education Code, is
   1-26  amended by adding Section 21.562 to read as follows:
   1-27        Sec. 21.562.  OPTIONAL EXTENDED YEAR PROGRAM.  (a)  A school
   1-28  district may apply to the commissioner of education for approval to
   1-29  provide an extended year program for a period not to exceed 30 days
   1-30  for students in kindergarten through grade level eight who are
   1-31  identified as likely not to be promoted to the next grade level.
   1-32        (b)  The commissioner of education may adopt rules for the
   1-33  administration of programs provided under this section.
   1-34        (c)  A school district may not enroll more than 12 students
   1-35  in a class provided under this section.
   1-36        (d)  Each class provided under this section shall be taught
   1-37  by a teacher who has successfully completed a program that provides
   1-38  training to teach a class under this section and that meets
   1-39  standards set forth by the commissioner of education.
   1-40        (e)  A student who completes a class provided under this
   1-41  section, with unexcused absences not to exceed one-tenth of the
   1-42  total program days, shall be promoted to the next grade level at
   1-43  the beginning of the next school year.  The district shall continue
   1-44  to use innovative practices to ensure a student promoted under this
   1-45  program is successful in succeeding school years.
   1-46        (f)  A school district may apply for approval under this
   1-47  section only for a pilot program for students in grade level one
   1-48  for the 1993-1994 school year and only for a pilot program for
   1-49  students in grade levels one and two for the 1994-1995 school year.
   1-50  The pilot program may not expend more than the amount appropriated.
   1-51  Funds provided to pilot sites may be used for transportation of
   1-52  eligible students.  This subsection expires September 1, 1995.
   1-53        SECTION 2.  Subsection (c), Section 21.032, Education Code,
   1-54  is amended to read as follows:
   1-55        (c)  Unless specifically exempted by Section 21.033 of this
   1-56  code, a student enrolled in a public school district must attend an
   1-57  extended year program provided by a school district under Section
   1-58  21.562 of this code for which the student is eligible or tutorial
   1-59  classes required by the district under Section 21.103(b) of this
   1-60  code.  A district shall provide transportation services to students
   1-61  required to attend an extended year program provided by a school
   1-62  district under Section 21.562 of this  code.  A school district is
   1-63  not required to provide transportation services to accommodate
   1-64  <such> students required to attend tutorial classes under Section
   1-65  21.103(b) of this code.
   1-66        SECTION 3.  Subsection (a), Section 16.006, Education Code,
   1-67  is amended to read as follows:
   1-68        (a)  In this chapter, average daily attendance is the
    2-1  quotient of the sum of <determined by the daily> attendance for
    2-2  each day <as averaged each month> of the minimum school year as
    2-3  described under Section 16.052(a) of this code and for each day
    2-4  approved by the commissioner for an extended year program under
    2-5  Section 21.562 of this code divided by the number of days in the
    2-6  minimum school year.
    2-7        SECTION 4.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended,
   2-12  and that this Act take effect and be in force from and after its
   2-13  passage, and it is so enacted.
   2-14                               * * * * *
   2-15                                                         Austin,
   2-16  Texas
   2-17                                                         March 24, 1993
   2-18  Hon. Bob Bullock
   2-19  President of the Senate
   2-20  Sir:
   2-21  We, your Committee on Education to which was referred S.B. No. 679,
   2-22  have had the same under consideration, and I am instructed to
   2-23  report it back to the Senate with the recommendation that it do not
   2-24  pass, but that the Committee Substitute adopted in lieu thereof do
   2-25  pass and be printed.
   2-26                                                         Ratliff,
   2-27  Chairman
   2-28                               * * * * *
   2-29                               WITNESSES
   2-30                                                  FOR   AGAINST  ON
   2-31  ___________________________________________________________________
   2-32  Name:  Walter Hinojosa                           x
   2-33  Representing:  Texas Federation of Teachers
   2-34  City:  Austin
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   2-36  Name:  Sandy Kibby                               x
   2-37  Representing:  Texas PTA
   2-38  City:
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   2-40  Name:  Jack Kelly                                x
   2-41  Representing:  TSTA
   2-42  City:  Austin
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   2-44  Name:  Ann Fickel                                x
   2-45  Representing:  Tx Classroom Teachers Assoc
   2-46  City:  Austin
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   2-48  Name:  Pat Hanks                                 x
   2-49  Representing:  Assoc Texas Prof Educators
   2-50  City:  Austin
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   2-52  Name:  Lamont Veatch                             x
   2-53  Representing:  TX Assoc of Secondary Princip
   2-54  City:  Austin
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   2-56  Name:  Lionel R. Meno                                          x
   2-57  Representing:  Texas Education Agency
   2-58  City:  Austin
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   2-60                                                  FOR   AGAINST  ON
   2-61  ___________________________________________________________________
   2-62  Name:  Albert Cortez                                           x
   2-63  Representing:  Intercultural Dev. Research
   2-64  City:  San Antonio
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   2-66  Name:  Thomas E. Anderson, Jr.                                 x
   2-67  Representing:  TX Education Agency
   2-68  City:  Austin
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   2-70  Name:  Brad Duggan                               x
    3-1  Representing:  TX Elementary Prin. & Super
    3-2  City:  Austin
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    3-4  Name:  Laura Allard                              x
    3-5  Representing:  Children Member Com on Student
    3-6  City:  Austin
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