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.