By: Barrientos S.B. No. 847
A BILL TO BE ENTITLED
AN ACT
1-1 relating to accelerated educational programs for students in
1-2 at-risk situations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (c) and (d), Section 11.205,
1-5 Education Code, are amended to read as follows:
1-6 (c) The agency shall require each district to designate one
1-7 or more employees to serve as an at-risk-coordinator. The number
1-8 of coordinators required shall correspond to the size of the
1-9 district. Each at-risk-coordinator shall collect and disseminate
1-10 data regarding dropouts in the district and shall coordinate the
1-11 program in the district for students who are in situations that
1-12 indicate a <at> high risk of dropping out of school. In
1-13 determining whether a student is in a high-risk situation <at high
1-14 risk of dropping out of school>, in addition to the student's
1-15 academic performance a school district shall consider whether the
1-16 student is adjudged delinquent, abuses drugs or alcohol, is a
1-17 student of limited English proficiency, receives accelerated
1-18 <compensatory or remedial> instruction, is sexually, physically, or
1-19 psychologically abused, is pregnant or is a parent, is a slow
1-20 learner, enrolls late in the school year, stops attending school
1-21 before the end of the school year, is homeless, is an
1-22 underachiever, is unmotivated, or exhibits other characteristics
1-23 that indicate that the student is at high risk of dropping out of
1-24 school. At-risk-coordinators should have access to existing
2-1 Central Education Agency training programs relating to students in
2-2 high-risk situations <who are considered "at risk" of dropping out
2-3 of school>. Where practical, local school districts may develop
2-4 their own training programs to meet this need. Each school year a
2-5 district's at-risk-coordinators shall prepare a dropout reduction
2-6 plan for the district that identifies the number of students in the
2-7 district who dropped out in the preceding regular school term, the
2-8 number of students in grades 1 through 12 who are in situations
2-9 that indicate a high <at> risk of dropping out, the district's
2-10 dropout rate goal for that school year, and the dropout reduction
2-11 programs, resources, and strategies to be used during the school
2-12 year. The plan must be reviewed and approved by the district's
2-13 board of trustees and shall be available to the public. Districts
2-14 are not required to prepare a dropout reduction plan if fewer than
2-15 five percent of their students are identified as being in at-risk
2-16 situations <"at risk" of dropping out of school> unless the
2-17 district had 100 or more students drop out of school in the
2-18 preceding school year.
2-19 (d) The agency shall include <Not later than January 31 of
2-20 each odd-numbered year the agency shall submit a report to the
2-21 governor, lieutenant governor, and speaker of the house of
2-22 representatives that includes:>
2-23 <(1) the current dropout rate of students in grade
2-24 levels seven through 12 in the aggregate and by grade level;>
2-25 <(2) projected cross-sectional and longitudinal
2-26 dropout rates for each of those grades for the next five years,
2-27 assuming no action is taken by the state to reduce the rate; and>
3-1 <(3)> a systematic plan for reducing <the> projected
3-2 cross-sectional and longitudinal dropout rates to not more than
3-3 five percent as part of the agency's strategic plan required by
3-4 Article 6252-31, Revised Statutes, as added by Section 1, Chapter
3-5 384, Acts of the 72nd Legislature, Regular Session, 1991.
3-6 SECTION 2. Subsection (b), Section 11.27, Education Code, is
3-7 amended to read as follows:
3-8 (b) Innovative programs that may be approved under this
3-9 section include, but are not limited to, programs relating to:
3-10 (1) school year restructuring;
3-11 (2) alternative learning environments;
3-12 (3) parental literacy;
3-13 (4) decentralization of organizational decisions;
3-14 (5) instructional technology;
3-15 (6) student and parental choice among public schools;
3-16 (7) child care;
3-17 (8) early childhood education;
3-18 (9) an extended school day;
3-19 (10) teacher and administrator development;
3-20 (11) continuous progress education;
3-21 (12) student-teacher ratios below 22:1 in elementary
3-22 grades;
3-23 (13) use of elementary school guidance counselors,
3-24 social workers, and other personnel in successful dropout
3-25 prevention programs;
3-26 (14) career development for students;
3-27 (15) bilingual training;
4-1 (16) the generation of more effective parental
4-2 involvement with the schools;
4-3 (17) school-age latch-key children;
4-4 (18) volunteer efforts with the private sector;
4-5 (19) coordination of school activities with community
4-6 health and human services programs and other community resources;
4-7 (20) magnet schools;
4-8 (21) interdisciplinary curriculum;
4-9 (22) peer tutoring;
4-10 (23) counseling of families of <at-risk> students in
4-11 situations indicating a high risk that the students will drop out
4-12 of school; and
4-13 (24) comprehensive coordination with health and human
4-14 service delivery systems.
4-15 SECTION 3. The heading of Section 16.152, Education Code, is
4-16 amended to read as follows:
4-17 Sec. 16.152. ACCELERATED <COMPENSATORY> EDUCATION ALLOTMENT.
4-18 SECTION 4. Subsections (a), (c), (d), (e), (f), and (k),
4-19 Section 16.152, Education Code, are amended to read as follows:
4-20 (a) For each student who is educationally disadvantaged or
4-21 who is a nonhandicapped student residing in a residential placement
4-22 facility in a district in which the student's parent or legal
4-23 guardian does not reside, a district is entitled to an annual
4-24 allotment equal to the adjusted basic allotment multiplied by 0.2,
4-25 and by 2.41 for each full-time equivalent student who is in an
4-26 accelerated instruction <a remedial> and support program under
4-27 Section 21.557 of this code because the student is pregnant.
5-1 (c) Funds allocated under this section, other than an
5-2 indirect cost allotment established under State Board of Education
5-3 rule, which shall not exceed 15 percent, must be used in providing
5-4 accelerated instruction <remedial and compensatory education>
5-5 programs under Section 21.557 of this code, and the district must
5-6 account for the expenditure of state funds by program and by
5-7 campus. Funds allocated under this section, other than the
5-8 indirect cost allotment, shall only be expended to improve and
5-9 enhance programs and services funded under the regular education
5-10 program.
5-11 (d) The Central Education Agency shall evaluate the
5-12 effectiveness of accelerated instruction <remedial> and support
5-13 programs provided under Section 21.557 of this code for students in
5-14 situations that indicate a high <at> risk of dropping out of
5-15 school.
5-16 (e) A school district in which the actual dropout rate in
5-17 any school year exceeds the state's dropout rate goal for that year
5-18 under Subsection (a) of Section 11.205 of this code shall, for the
5-19 school year immediately following that school year, allocate a
5-20 percentage of the district's allotment under this section to
5-21 accelerated instruction <remedial> and support programs under
5-22 Section 21.557 of this code for students in situations that
5-23 indicate a high <at> risk of dropping out of school. The
5-24 percentage allocated to those programs must be at least equal to
5-25 the state's actual dropout rate for the preceding year. The
5-26 programs must be programs authorized by the State Board of
5-27 Education. The Central Education Agency shall provide to the
6-1 district technical assistance in reducing the district's dropout
6-2 rate. At the request of a district, the commissioner of education
6-3 may exempt the district from the requirements of this section if
6-4 the commissioner finds that special circumstances in the district
6-5 merit the exemption.
6-6 (f) The commissioner of education may:
6-7 (1) retain a portion of the total amount allotted
6-8 under Subsection (a) of this section that the commissioner
6-9 considers appropriate to finance pilot programs under Section
6-10 11.191 of this code and to finance intensive accelerated <remedial>
6-11 instruction programs and study guides provided under Sections
6-12 21.552(b) and (c) of this code; and
6-13 (2) reduce each district's allotment proportionately.
6-14 (k) The commissioner of education shall coordinate the funds
6-15 withheld under Subsection (j) of this section and any other funds
6-16 available for the program and shall distribute those funds. To
6-17 receive funds for the program, a school district must apply to the
6-18 commissioner. The commissioner shall give a preference to the
6-19 districts that apply that have the highest concentration of
6-20 <at-risk> students in situations indicating a high risk that the
6-21 students will drop out of school. For each school year that a
6-22 school district receives funds under this section, the district
6-23 shall allocate an amount of local funds for school guidance and
6-24 counseling programs that is equal to or greater than the amount of
6-25 local funds that the school district allocated for that purpose
6-26 during the preceding school year.
6-27 SECTION 5. Sections 21.557 and 21.558, Education Code, are
7-1 amended to read as follows:
7-2 Sec. 21.557. ACCELERATED <COMPENSATORY AND REMEDIAL>
7-3 INSTRUCTION. (a) Each school district shall utilize the student
7-4 performance data resulting from the basic skills assessment
7-5 instruments and achievement tests administered pursuant to this
7-6 subchapter to design and implement appropriate accelerated
7-7 <compensatory or remedial> instructional services for students in
7-8 the district's schools.
7-9 (b) Each district shall provide accelerated <remedial>
7-10 instruction to a student enrolled in the district who has taken the
7-11 secondary exit level assessment instrument and has not performed
7-12 satisfactorily on each section. The accelerated <remedial>
7-13 instruction must satisfy standards adopted by the State Board of
7-14 Education.
7-15 (c) Each school district shall provide an accelerated
7-16 instruction <a remedial> and support program for any student:
7-17 (1) whose achievement test score is below a standard
7-18 established by the State Board of Education; or
7-19 (2) who is in a situation indicating a high <at> risk
7-20 of dropping out of school.
7-21 (d) Each district shall submit an annual report to the
7-22 commissioner of education which describes how the instructional
7-23 services are provided by campus.
7-24 (e) An accelerated instruction <A remedial> and support
7-25 program for students in at-risk situations <at risk of dropping out
7-26 of school> must include an evaluative mechanism that documents the
7-27 effectiveness of the program in reducing the dropout rate and in
8-1 increasing achievement in the categories of students listed in
8-2 Subsection (f) of this section.
8-3 (f) For the purposes of this section, "student in an at-risk
8-4 situation <at risk of dropping out of school>" includes:
8-5 (1) each student in grade levels seven through 12 who
8-6 is under 21 years of age and who:
8-7 (A) was not advanced from one grade level to the
8-8 next two or more school years;
8-9 (B) has mathematics or reading skills that are
8-10 two or more years below grade level;
8-11 (C) did not maintain an average equivalent to 70
8-12 on a scale of 100 in two or more courses during a semester, or is
8-13 not maintaining such an average in two or more courses in the
8-14 current semester, and is not expected to graduate within four years
8-15 of the date the student begins ninth grade; or
8-16 (D) did not perform satisfactorily on an
8-17 assessment instrument administered under this subchapter in the
8-18 seventh, ninth, or twelfth grade;
8-19 (2) each student in prekindergarten through grade
8-20 level six who:
8-21 (A) did not perform satisfactorily on a
8-22 readiness test or assessment instrument administered at the
8-23 beginning of the school year; or
8-24 (B) did not perform satisfactorily on an
8-25 assessment instrument administered under this subchapter in the
8-26 third or fifth grade;
8-27 (3) each student, regardless of grade level, who:
9-1 (A) is homeless;
9-2 (B) is pregnant or is a parent;
9-3 (C) is a student of limited English proficiency,
9-4 as defined by Section 21.452 of this code;
9-5 (D) is sexually, physically, or psychologically
9-6 abused;
9-7 (E) engages in conduct described by Section
9-8 51.03(a), Family Code; or
9-9 (F) is otherwise in an at-risk situation
9-10 identified <as at risk> under rules adopted by the State Board of
9-11 Education; and
9-12 (4) <(3)> each <nonhandicapped> student who has no
9-13 physical or mental disability and who resides in a residential
9-14 placement facility in a district in which the student's parent or
9-15 legal guardian does not reside, including a detention facility,
9-16 substance abuse treatment facility, emergency shelter, psychiatric
9-17 hospital, halfway house, or foster family group home.
9-18 (g) The State Board of Education shall adopt rules under
9-19 which a school district may use a private or public
9-20 community-based dropout recovery education program to provide
9-21 alternative education programs for students in at-risk situations
9-22 <at risk of dropping out of school>. The rules shall include
9-23 provisions for students in these programs relating to grades and
9-24 course credit, modifications of instructional time requirements,
9-25 and methods of evaluating subject mastery. The Central Education
9-26 Agency shall develop guidelines and procedures necessary to assist
9-27 school districts in implementing these rules.
10-1 (h) The <Effective September 1, 1991, the> State Board of
10-2 Education shall adopt rules that enable school districts to enroll
10-3 persons who have dropped out of school but are entitled to attend
10-4 the district's school under Section 21.031(b) of this code in
10-5 alternative education programs operated under Subsection (g) of
10-6 this section. The rules shall include provisions for including the
10-7 attendance in the program of those persons in the computation of
10-8 the district's average daily attendance for funding purposes.
10-9 (i) Each school district shall maintain on file and
10-10 expeditiously make available on the request of a member of the
10-11 general public a copy of the report describing the district's
10-12 overall accelerated instruction <compensatory education> program
10-13 for educationally disadvantaged students. The report must include
10-14 sufficient detail to describe the overall accelerated instruction
10-15 <compensatory education> program offered on each campus and the
10-16 activities and services provided on each campus from each funding
10-17 source. <The commissioner of education shall develop model report
10-18 formats that districts may use for the report. The model formats
10-19 must be designed to be easily understood by a member of the general
10-20 public and may not be overly burdensome for districts to prepare.
10-21 The commissioner shall submit the model formats to the Legislative
10-22 Education Board for comment and may not distribute the formats
10-23 until the commissioner has received and considered those comments.>
10-24 Each school district shall prepare and periodically update the
10-25 description of the district's accelerated instruction <compensatory
10-26 education> program to accurately reflect the programs and services
10-27 currently provided to educationally disadvantaged students.
11-1 Sec. 21.558. Cost. The cost of preparing, administering, or
11-2 grading the assessment instruments shall be paid from the
11-3 accelerated education allotment <compensatory aid> provided by
11-4 Section 16.152 of this code, and each district shall bear the cost
11-5 on the basis of the number of students in the district to whom the
11-6 instruments are administered. If a district does not receive an
11-7 accelerated education allotment <allocation of compensatory aid>,
11-8 the commissioner of education shall subtract the cost from the
11-9 district's other foundation school fund allocations.
11-10 SECTION 6. Subsection (b), Section 21.753, Education Code,
11-11 is amended to read as follows:
11-12 (b) The criteria in the accreditation rules must include
11-13 consideration of:
11-14 (1) goals and objectives of the district;
11-15 (2) compliance with statutory requirements and
11-16 requirements imposed by rule of the State Board of Education under
11-17 statutory authority;
11-18 (3) adequate performance under the indicators adopted
11-19 under Section 21.7531 of this code;
11-20 (4) the relation between the academic excellence
11-21 indicators adopted by the board under Section 21.7531 of this code
11-22 and the campus performance objectives established under Section
11-23 21.7532 of this code, including the manner in which the campus
11-24 performance objectives were established and the progress of the
11-25 campus in meeting the objectives;
11-26 (5) the quality of learning on each of the district's
11-27 campuses based on indicators including scores on achievement tests;
12-1 (6) the quality of the district's appraisal of teacher
12-2 performance and of administrator performance;
12-3 (7) the effectiveness of district principals as
12-4 instructional leaders;
12-5 (8) the effectiveness of the district's campuses on
12-6 the basis of the most current criteria identified by research on
12-7 effective schools;
12-8 (9) the fulfillment of curriculum requirements;
12-9 (10) the effectiveness of the district's programs in
12-10 special education based on the Central Education Agency's most
12-11 recent compliance review of the district and programs for special
12-12 populations;
12-13 (11) the effectiveness of teacher in-service training;
12-14 (12) the effective use of technology to enhance
12-15 student achievement;
12-16 (13) the effectiveness of the district's accelerated
12-17 instruction <remedial> and support programs under Section 21.557 of
12-18 this code for students in at-risk situations <at risk of dropping
12-19 out of school>;
12-20 (14) the effectiveness of the district's dropout
12-21 prevention and recovery programs;
12-22 (15) efficient allocation of available resources;
12-23 (16) the presence and quality of comprehensive and
12-24 developmental guidance and counseling programs on campuses; and
12-25 (17) the quality and effectiveness of the district's
12-26 vocational education program.
12-27 SECTION 7. Subsection (c), Section 21.908, Education Code,
13-1 is amended to read as follows:
13-2 (c) A district's liaison officers and attendance officers,
13-3 the local juvenile board and its advisory council, and local law
13-4 enforcement officers shall cooperate to provide services to
13-5 students in situations indicating a high risk that the students
13-6 will drop <at risk of dropping> out of school.
13-7 SECTION 8. This Act applies beginning with the 1993-1994
13-8 school year.
13-9 SECTION 9. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended,
13-14 and that this Act take effect and be in force from and after its
13-15 passage, and it is so enacted.