By Gallego                                       H.B. No. 836

      75R2234 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to optional extended year programs conducted by certain

 1-3     public school districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 29.082, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 29.082.  OPTIONAL EXTENDED YEAR PROGRAM.  (a)  A school

 1-8     district may set aside an amount from the district's allotment

 1-9     under Section 42.152 or may apply to the agency for funding of an

1-10     extended year program for a period not to exceed 30 instructional

1-11     days for students in kindergarten through grade 8 who are

1-12     identified as likely not to be promoted to the next grade level for

1-13     the succeeding school year.

1-14           (b)  The commissioner may adopt rules for the administration

1-15     of programs provided under this section.

1-16           (c)  A school district may not enroll more than 16 students

1-17     in a class provided under this section.

1-18           (d)  Each class provided under this section shall be taught

1-19     by a teacher who has completed successfully a program that provides

1-20     training to teach a class under this section and that satisfies

1-21     standards the commissioner establishes.

1-22           (e)  [A student who attends at least 90 percent of the

1-23     program days of a program under this section shall be promoted to

1-24     the next grade level at the beginning of the next school year

 2-1     unless a parent of the student presents a written request to the

 2-2     school principal that the student not be promoted to the next grade

 2-3     level.  As soon as practicable after receiving the request from a

 2-4     parent, the principal shall hold a formal meeting with the

 2-5     student's parent, extended year program teacher, and counselor.

 2-6     During the meeting, the principal, teacher, or counselor shall

 2-7     explain the longitudinal statistics on the academic performance of

 2-8     students who are not promoted to the next grade level and provide

 2-9     information on the effect of retention on a student's self-esteem

2-10     and on the likelihood of a student dropping out of school.  After

2-11     the meeting, the parent may withdraw the request that the student

2-12     not be promoted to the next grade level.  If the parent of a

2-13     student eligible for promotion under this subsection withdraws the

2-14     request, the student shall be promoted.  If a student is promoted

2-15     under this subsection, the school district shall continue to use

2-16     innovative practices to ensure that the student is successful in

2-17     school in succeeding years.]

2-18           [(f)]  A school district that provides a program under this

2-19     section shall adopt a policy designed to lead to immediate

2-20     reduction and ultimate elimination of student retention.

2-21           (f) [(g)]  A school district shall provide transportation to

2-22     each student who is required to attend a program under this section

2-23     and who is eligible for regular transportation services.

2-24           SECTION 2.  This Act applies beginning with the 1997-1998

2-25     school year.

2-26           SECTION 3.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.