1-1 By: Barrientos S.B. No. 847
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Education; April 15, 1993,
1-4 reported favorably by the following vote: Yeas 8, Nays 0;
1-5 April 15, 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 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to accelerated educational programs for students in
1-22 at-risk situations.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subsections (c) and (d), Section 11.205,
1-25 Education Code, are amended to read as follows:
1-26 (c) The agency shall require each district to designate one
1-27 or more employees to serve as an at-risk-coordinator. The number
1-28 of coordinators required shall correspond to the size of the
1-29 district. Each at-risk-coordinator shall collect and disseminate
1-30 data regarding dropouts in the district and shall coordinate the
1-31 program in the district for students who are in situations that
1-32 indicate a <at> high risk of dropping out of school. In
1-33 determining whether a student is in a high-risk situation <at high
1-34 risk of dropping out of school>, in addition to the student's
1-35 academic performance a school district shall consider whether the
1-36 student is adjudged delinquent, abuses drugs or alcohol, is a
1-37 student of limited English proficiency, receives accelerated
1-38 <compensatory or remedial> instruction, is sexually, physically, or
1-39 psychologically abused, is pregnant or is a parent, is a slow
1-40 learner, enrolls late in the school year, stops attending school
1-41 before the end of the school year, is homeless, is an
1-42 underachiever, is unmotivated, or exhibits other characteristics
1-43 that indicate that the student is at high risk of dropping out of
1-44 school. At-risk-coordinators should have access to existing
1-45 Central Education Agency training programs relating to students in
1-46 high-risk situations <who are considered "at risk" of dropping out
1-47 of school>. Where practical, local school districts may develop
1-48 their own training programs to meet this need. Each school year a
1-49 district's at-risk-coordinators shall prepare a dropout reduction
1-50 plan for the district that identifies the number of students in the
1-51 district who dropped out in the preceding regular school term, the
1-52 number of students in grades 1 through 12 who are in situations
1-53 that indicate a high <at> risk of dropping out, the district's
1-54 dropout rate goal for that school year, and the dropout reduction
1-55 programs, resources, and strategies to be used during the school
1-56 year. The plan must be reviewed and approved by the district's
1-57 board of trustees and shall be available to the public. Districts
1-58 are not required to prepare a dropout reduction plan if fewer than
1-59 five percent of their students are identified as being in at-risk
1-60 situations <"at risk" of dropping out of school> unless the
1-61 district had 100 or more students drop out of school in the
1-62 preceding school year.
1-63 (d) The agency shall include <Not later than January 31 of
1-64 each odd-numbered year the agency shall submit a report to the
1-65 governor, lieutenant governor, and speaker of the house of
1-66 representatives that includes:>
1-67 <(1) the current dropout rate of students in grade
1-68 levels seven through 12 in the aggregate and by grade level;>
2-1 <(2) projected cross-sectional and longitudinal
2-2 dropout rates for each of those grades for the next five years,
2-3 assuming no action is taken by the state to reduce the rate; and>
2-4 <(3)> a systematic plan for reducing <the> projected
2-5 cross-sectional and longitudinal dropout rates to not more than
2-6 five percent as part of the agency's strategic plan required by
2-7 Article 6252-31, Revised Statutes, as added by Section 1, Chapter
2-8 384, Acts of the 72nd Legislature, Regular Session, 1991.
2-9 SECTION 2. Subsection (b), Section 11.27, Education Code, is
2-10 amended to read as follows:
2-11 (b) Innovative programs that may be approved under this
2-12 section include, but are not limited to, programs relating to:
2-13 (1) school year restructuring;
2-14 (2) alternative learning environments;
2-15 (3) parental literacy;
2-16 (4) decentralization of organizational decisions;
2-17 (5) instructional technology;
2-18 (6) student and parental choice among public schools;
2-19 (7) child care;
2-20 (8) early childhood education;
2-21 (9) an extended school day;
2-22 (10) teacher and administrator development;
2-23 (11) continuous progress education;
2-24 (12) student-teacher ratios below 22:1 in elementary
2-25 grades;
2-26 (13) use of elementary school guidance counselors,
2-27 social workers, and other personnel in successful dropout
2-28 prevention programs;
2-29 (14) career development for students;
2-30 (15) bilingual training;
2-31 (16) the generation of more effective parental
2-32 involvement with the schools;
2-33 (17) school-age latch-key children;
2-34 (18) volunteer efforts with the private sector;
2-35 (19) coordination of school activities with community
2-36 health and human services programs and other community resources;
2-37 (20) magnet schools;
2-38 (21) interdisciplinary curriculum;
2-39 (22) peer tutoring;
2-40 (23) counseling of families of <at-risk> students in
2-41 situations indicating a high risk that the students will drop out
2-42 of school; and
2-43 (24) comprehensive coordination with health and human
2-44 service delivery systems.
2-45 SECTION 3. The heading of Section 16.152, Education Code, is
2-46 amended to read as follows:
2-47 Sec. 16.152. ACCELERATED <COMPENSATORY> EDUCATION ALLOTMENT.
2-48 SECTION 4. Subsections (a), (c), (d), (e), (f), and (k),
2-49 Section 16.152, Education Code, are amended to read as follows:
2-50 (a) For each student who is educationally disadvantaged or
2-51 who is a nonhandicapped student residing in a residential placement
2-52 facility in a district in which the student's parent or legal
2-53 guardian does not reside, a district is entitled to an annual
2-54 allotment equal to the adjusted basic allotment multiplied by 0.2,
2-55 and by 2.41 for each full-time equivalent student who is in an
2-56 accelerated instruction <a remedial> and support program under
2-57 Section 21.557 of this code because the student is pregnant.
2-58 (c) Funds allocated under this section, other than an
2-59 indirect cost allotment established under State Board of Education
2-60 rule, which shall not exceed 15 percent, must be used in providing
2-61 accelerated instruction <remedial and compensatory education>
2-62 programs under Section 21.557 of this code, and the district must
2-63 account for the expenditure of state funds by program and by
2-64 campus. Funds allocated under this section, other than the
2-65 indirect cost allotment, shall only be expended to improve and
2-66 enhance programs and services funded under the regular education
2-67 program.
2-68 (d) The Central Education Agency shall evaluate the
2-69 effectiveness of accelerated instruction <remedial> and support
2-70 programs provided under Section 21.557 of this code for students in
3-1 situations that indicate a high <at> risk of dropping out of
3-2 school.
3-3 (e) A school district in which the actual dropout rate in
3-4 any school year exceeds the state's dropout rate goal for that year
3-5 under Subsection (a) of Section 11.205 of this code shall, for the
3-6 school year immediately following that school year, allocate a
3-7 percentage of the district's allotment under this section to
3-8 accelerated instruction <remedial> and support programs under
3-9 Section 21.557 of this code for students in situations that
3-10 indicate a high <at> risk of dropping out of school. The
3-11 percentage allocated to those programs must be at least equal to
3-12 the state's actual dropout rate for the preceding year. The
3-13 programs must be programs authorized by the State Board of
3-14 Education. The Central Education Agency shall provide to the
3-15 district technical assistance in reducing the district's dropout
3-16 rate. At the request of a district, the commissioner of education
3-17 may exempt the district from the requirements of this section if
3-18 the commissioner finds that special circumstances in the district
3-19 merit the exemption.
3-20 (f) The commissioner of education may:
3-21 (1) retain a portion of the total amount allotted
3-22 under Subsection (a) of this section that the commissioner
3-23 considers appropriate to finance pilot programs under Section
3-24 11.191 of this code and to finance intensive accelerated <remedial>
3-25 instruction programs and study guides provided under Sections
3-26 21.552(b) and (c) of this code; and
3-27 (2) reduce each district's allotment proportionately.
3-28 (k) The commissioner of education shall coordinate the funds
3-29 withheld under Subsection (j) of this section and any other funds
3-30 available for the program and shall distribute those funds. To
3-31 receive funds for the program, a school district must apply to the
3-32 commissioner. The commissioner shall give a preference to the
3-33 districts that apply that have the highest concentration of
3-34 <at-risk> students in situations indicating a high risk that the
3-35 students will drop out of school. For each school year that a
3-36 school district receives funds under this section, the district
3-37 shall allocate an amount of local funds for school guidance and
3-38 counseling programs that is equal to or greater than the amount of
3-39 local funds that the school district allocated for that purpose
3-40 during the preceding school year.
3-41 SECTION 5. Sections 21.557 and 21.558, Education Code, are
3-42 amended to read as follows:
3-43 Sec. 21.557. ACCELERATED <COMPENSATORY AND REMEDIAL>
3-44 INSTRUCTION. (a) Each school district shall utilize the student
3-45 performance data resulting from the basic skills assessment
3-46 instruments and achievement tests administered pursuant to this
3-47 subchapter to design and implement appropriate accelerated
3-48 <compensatory or remedial> instructional services for students in
3-49 the district's schools.
3-50 (b) Each district shall provide accelerated <remedial>
3-51 instruction to a student enrolled in the district who has taken the
3-52 secondary exit level assessment instrument and has not performed
3-53 satisfactorily on each section. The accelerated <remedial>
3-54 instruction must satisfy standards adopted by the State Board of
3-55 Education.
3-56 (c) Each school district shall provide an accelerated
3-57 instruction <a remedial> and support program for any student:
3-58 (1) whose achievement test score is below a standard
3-59 established by the State Board of Education; or
3-60 (2) who is in a situation indicating a high <at> risk
3-61 of dropping out of school.
3-62 (d) Each district shall submit an annual report to the
3-63 commissioner of education which describes how the instructional
3-64 services are provided by campus.
3-65 (e) An accelerated instruction <A remedial> and support
3-66 program for students in at-risk situations <at risk of dropping out
3-67 of school> must include an evaluative mechanism that documents the
3-68 effectiveness of the program in reducing the dropout rate and in
3-69 increasing achievement in the categories of students listed in
3-70 Subsection (f) of this section.
4-1 (f) For the purposes of this section, "student in an at-risk
4-2 situation <at risk of dropping out of school>" includes:
4-3 (1) each student in grade levels seven through 12 who
4-4 is under 21 years of age and who:
4-5 (A) was not advanced from one grade level to the
4-6 next two or more school years;
4-7 (B) has mathematics or reading skills that are
4-8 two or more years below grade level;
4-9 (C) did not maintain an average equivalent to 70
4-10 on a scale of 100 in two or more courses during a semester, or is
4-11 not maintaining such an average in two or more courses in the
4-12 current semester, and is not expected to graduate within four years
4-13 of the date the student begins ninth grade; or
4-14 (D) did not perform satisfactorily on an
4-15 assessment instrument administered under this subchapter in the
4-16 seventh, ninth, or twelfth grade;
4-17 (2) each student in prekindergarten through grade
4-18 level six who:
4-19 (A) did not perform satisfactorily on a
4-20 readiness test or assessment instrument administered at the
4-21 beginning of the school year; or
4-22 (B) did not perform satisfactorily on an
4-23 assessment instrument administered under this subchapter in the
4-24 third or fifth grade;
4-25 (3) each student, regardless of grade level, who:
4-26 (A) is homeless;
4-27 (B) is pregnant or is a parent;
4-28 (C) is a student of limited English proficiency,
4-29 as defined by Section 21.452 of this code;
4-30 (D) is sexually, physically, or psychologically
4-31 abused;
4-32 (E) engages in conduct described by Section
4-33 51.03(a), Family Code; or
4-34 (F) is otherwise in an at-risk situation
4-35 identified <as at risk> under rules adopted by the State Board of
4-36 Education; and
4-37 (4) <(3)> each <nonhandicapped> student who has no
4-38 physical or mental disability and who resides in a residential
4-39 placement facility in a district in which the student's parent or
4-40 legal guardian does not reside, including a detention facility,
4-41 substance abuse treatment facility, emergency shelter, psychiatric
4-42 hospital, halfway house, or foster family group home.
4-43 (g) The State Board of Education shall adopt rules under
4-44 which a school district may use a private or public
4-45 community-based dropout recovery education program to provide
4-46 alternative education programs for students in at-risk situations
4-47 <at risk of dropping out of school>. The rules shall include
4-48 provisions for students in these programs relating to grades and
4-49 course credit, modifications of instructional time requirements,
4-50 and methods of evaluating subject mastery. The Central Education
4-51 Agency shall develop guidelines and procedures necessary to assist
4-52 school districts in implementing these rules.
4-53 (h) The <Effective September 1, 1991, the> State Board of
4-54 Education shall adopt rules that enable school districts to enroll
4-55 persons who have dropped out of school but are entitled to attend
4-56 the district's school under Section 21.031(b) of this code in
4-57 alternative education programs operated under Subsection (g) of
4-58 this section. The rules shall include provisions for including the
4-59 attendance in the program of those persons in the computation of
4-60 the district's average daily attendance for funding purposes.
4-61 (i) Each school district shall maintain on file and
4-62 expeditiously make available on the request of a member of the
4-63 general public a copy of the report describing the district's
4-64 overall accelerated instruction <compensatory education> program
4-65 for educationally disadvantaged students. The report must include
4-66 sufficient detail to describe the overall accelerated instruction
4-67 <compensatory education> program offered on each campus and the
4-68 activities and services provided on each campus from each funding
4-69 source. <The commissioner of education shall develop model report
4-70 formats that districts may use for the report. The model formats
5-1 must be designed to be easily understood by a member of the general
5-2 public and may not be overly burdensome for districts to prepare.
5-3 The commissioner shall submit the model formats to the Legislative
5-4 Education Board for comment and may not distribute the formats
5-5 until the commissioner has received and considered those comments.>
5-6 Each school district shall prepare and periodically update the
5-7 description of the district's accelerated instruction <compensatory
5-8 education> program to accurately reflect the programs and services
5-9 currently provided to educationally disadvantaged students.
5-10 Sec. 21.558. Cost. The cost of preparing, administering, or
5-11 grading the assessment instruments shall be paid from the
5-12 accelerated education allotment <compensatory aid> provided by
5-13 Section 16.152 of this code, and each district shall bear the cost
5-14 on the basis of the number of students in the district to whom the
5-15 instruments are administered. If a district does not receive an
5-16 accelerated education allotment <allocation of compensatory aid>,
5-17 the commissioner of education shall subtract the cost from the
5-18 district's other foundation school fund allocations.
5-19 SECTION 6. Subsection (b), Section 21.753, Education Code,
5-20 is amended to read as follows:
5-21 (b) The criteria in the accreditation rules must include
5-22 consideration of:
5-23 (1) goals and objectives of the district;
5-24 (2) compliance with statutory requirements and
5-25 requirements imposed by rule of the State Board of Education under
5-26 statutory authority;
5-27 (3) adequate performance under the indicators adopted
5-28 under Section 21.7531 of this code;
5-29 (4) the relation between the academic excellence
5-30 indicators adopted by the board under Section 21.7531 of this code
5-31 and the campus performance objectives established under Section
5-32 21.7532 of this code, including the manner in which the campus
5-33 performance objectives were established and the progress of the
5-34 campus in meeting the objectives;
5-35 (5) the quality of learning on each of the district's
5-36 campuses based on indicators including scores on achievement tests;
5-37 (6) the quality of the district's appraisal of teacher
5-38 performance and of administrator performance;
5-39 (7) the effectiveness of district principals as
5-40 instructional leaders;
5-41 (8) the effectiveness of the district's campuses on
5-42 the basis of the most current criteria identified by research on
5-43 effective schools;
5-44 (9) the fulfillment of curriculum requirements;
5-45 (10) the effectiveness of the district's programs in
5-46 special education based on the Central Education Agency's most
5-47 recent compliance review of the district and programs for special
5-48 populations;
5-49 (11) the effectiveness of teacher in-service training;
5-50 (12) the effective use of technology to enhance
5-51 student achievement;
5-52 (13) the effectiveness of the district's accelerated
5-53 instruction <remedial> and support programs under Section 21.557 of
5-54 this code for students in at-risk situations <at risk of dropping
5-55 out of school>;
5-56 (14) the effectiveness of the district's dropout
5-57 prevention and recovery programs;
5-58 (15) efficient allocation of available resources;
5-59 (16) the presence and quality of comprehensive and
5-60 developmental guidance and counseling programs on campuses; and
5-61 (17) the quality and effectiveness of the district's
5-62 vocational education program.
5-63 SECTION 7. Subsection (c), Section 21.908, Education Code,
5-64 is amended to read as follows:
5-65 (c) A district's liaison officers and attendance officers,
5-66 the local juvenile board and its advisory council, and local law
5-67 enforcement officers shall cooperate to provide services to
5-68 students in situations indicating a high risk that the students
5-69 will drop <at risk of dropping> out of school.
5-70 SECTION 8. This Act applies beginning with the 1993-1994
6-1 school year.
6-2 SECTION 9. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended,
6-7 and that this Act take effect and be in force from and after its
6-8 passage, and it is so enacted.
6-9 * * * * *
6-10 Austin,
6-11 Texas
6-12 April 15, 1993
6-13 Hon. Bob Bullock
6-14 President of the Senate
6-15 Sir:
6-16 We, your Committee on Education to which was referred S.B. No. 847,
6-17 have had the same under consideration, and I am instructed to
6-18 report it back to the Senate with the recommendation that it do
6-19 pass and be printed.
6-20 Ratliff,
6-21 Chairman
6-22 * * * * *
6-23 WITNESSES
6-24 No witnesses appeared on S.B. No. 847.