Floor Packet Page No. 50 Amend CSSB 4 as follows: (1) In SECTION 1.18 of the bill, strike the introductory language (house committee report, page 15, lines 7-9) and substitute "Subsection (e), Section 42.253, Education Code, is amended to read as follows:". (2) In SECTION 1.18 of the bill, strike added Section 42.253(e-1), Education Code (house committee report, page 16, lines 2-17). (3) In SECTION 1.19 of the bill, in amended Section 42.302(a), Education Code (house committee report, page 17, line 4), strike "$24.75" and substitute "$24". (4) Strike SECTION 1.20 of the bill, amending Section 42.303, Education Code (house committee report, page 17, line 24, through page 19, line 17). (5) In SECTION 1.32 of the bill, strike the introductory language (house committee report, page 32, lines 1-3) and substitute "Subsection (i), Section 26.08, Tax Code, is amended to read as follows:". (6) In SECTION 1.32 of the bill, strike added Sections 26.08(j)-(n), Tax Code (house committee report, page 32, line 19, through page 34, line 18). (7) Following SECTION 1.34 of the bill (house committee report, page 35, between lines 14 and 15), insert the following new SECTIONS, appropriately numbered: SECTION 1.___. (a) A portion of the amounts appropriated in Article III, H.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, to the Texas Education Agency is allocated as provided by this subsection, notwithstanding the provisions of H.B. No. 1: (1) for each fiscal year of the biennium ending August 31, 2001, in addition to amounts allocated in H.B. No. 1 to Strategy A.2.1.: Foundation School Program, $200 million is allocated to that strategy and for the fiscal year ending August 31, 2001; (2) for each fiscal year of the biennium ending August 31, 2001, $200 million is allocated to Strategy B.1.1.: Instructional Excellence, for kindergarten and prekindergarten grant programs authorized by Section 29.155, Education Code, as added by this Act; (3) for each fiscal year of the biennium ending August 31, 2001, $20 million is allocated to Strategy B.1.1.: Instructional Excellence, for implementation of an educational component to Head Start, as authorized by Section 29.156, Education Code, as added by this Act; (4) for each fiscal year of the biennium ending August 31, 2001, $42.5 million in each year of the biennium is allocated to Strategy B.1.1.: Instructional Excellence, for the Basic Skills Programs for High School Students, as authorized by Section 29.086, Education Code, as added by this Act; and (4) for each fiscal year of the biennium ending August 31, 2001, $50 million in each year of the biennium is allocated to Strategy B.1.1.: Instructional Excellence, for the Alternative Schools for Certain Students in Grade Nine, as authorized by Section 29.087, Education Code, as added by this Act. (c) For the biennium ending August 31, 2001, the commissioner of education shall distribute amounts appropriated in Article III, H.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999, to the Texas Education Agency, in Article III of that Act, for purposes of the Instructional Facilities Allotment under Chapter 46, Education Code, as follows: (1) for the fiscal year ending August 31, 2000, the commissioner shall use $100 million of the funds appropriated in Strategy A.2.3.: Maximizing School Facilities, to assist school districts under the provisions of Chapter 46, Education Code, to issue new debt for public school facilities, and for the fiscal year ending August 31, 2001, the commissioner shall use $200 million for that purpose; and (2) the commissioner shall use the remaining appropriation in Strategy A.2.3.: Maximizing School Facilities, to meet the financial obligation incurred by the state under Chapter 46, Education Code, in the biennium ending August 31, 1999. (c) In using the funds allocated under Subsection (b)(1) of this section, the commmissioner of education shall give priority to school districts to build classrooms and other instructional facilities necessary to comply with Section 25.112, Education Code, as amended by this Act. SECTION 1.___. It is the intent of the legislature that not later than September 1, 2005, each school district in this state be able to enroll not more than 11 students in a kindergarten, first, second, third, or fourth grade class. (8) In SECTION 2.02 of the bill, in the introductory language (house committee report, page 37, line 1), strike "Section 29.086" and substitute "Sections 29.086 and 29.087". (9) In SECTION 2.02 of the bill, immediately following added Section 29.086, Education Code, insert the following: Sec. 29.087. ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN GRADE NINE. (a) A school district may apply to the commissioner for funding of an alternative school for students in grade nine who demonstrate learning difficulties and who are at risk of dropping out of school, as defined by Section 29.081. A program under this section may not exceed 210 instructional days. (b) An alternative school under this section must emphasize basic skills in areas of the required curriculum under Section 28.002 and must have a student/teacher ratio of not less than one teacher for each 15 students in average daily attendance. An alternative school under this section may be operated by a school district or a nonprofit entity contracting with a school district to operate the school. (c) The commissioner shall award funds to districts in accordance with a competitive grant process developed by the commissioner. A grant may be made to a consortium of school districts. The criteria by which the commissioner awards a grant must include the quality of the proposed alternative school and the school district's demonstrated need for the school. An approved alternative school must include criteria that permit measurement of student progress, and the district shall: (1) annually evaluate the progress of students in the school; and (2) submit the results of the evaluation to the commissioner at the end of the school year. (d) The commissioner shall establish minimum levels of student enrollment and standards of student progress required for continued funding of an alternative school under this section. The commissioner may eliminate funding for an alternative school in a subsequent school year if the program fails to achieve sufficient levels of student progress. (e) The amount of a grant under this section must take into account funds distributed to the school district under Chapter 42. (10) In SECTION 2.04 of the bill, in the introductory language (house committee report, page 39, line 15, strike "Subsection (d)" and substitute "Subsections (b)-(d)". (11) In SECTION 2.04 of the bill, preceding amended Section 25.085(d), Education Code, insert the following: (b) Unless specifically exempted by Section 25.086, a child who is at least five six years of age, or who is younger than five six years of age but and has previously been enrolled in prekindergarten first grade, and who has not yet reached the child's 18th birthday shall attend school. (c) On enrollment in prekindergarten or kindergarten, a child shall attend school. (12) Between SECTIONS 2.04 and 2.05 of the bill (house committee report, page 40, between lines 1 and 2), insert the following new SECTIONS, appropriately numbered: SECTION 2.___. Effective September 1, 2000, Section 25.112(a), Education Code, is amended to read as follows: (a) Except as otherwise authorized by this section, a school district may not enroll more than 20 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during: (1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 42.005(c); or (2) the last 12 weeks of any school year in the case of any other district. SECTION 2.___. Effective September 1, 2001, Section 25.112(a), Education Code, is amended to read as follows: (a) Except as otherwise authorized by this section, a school district may not enroll more than 18 22 students in a kindergarten, first, second, third, or fourth grade class. That limitation does not apply during: (1) any 12-week period of the school year selected by the district, in the case of a district whose average daily attendance is adjusted under Section 42.005(c); or (2) the last 12 weeks of any school year in the case of any other district. (13) Immediately following SECTION 2.14 of the bill (house committee report, page 52, between lines 15 and 16), insert the following new SECTION, appropriately numbered: SECTION 2.___. Section 42.003(c), Education Code, is amended to read as follows: (c) A child may be enrolled in the first grade only if the child is at least six years of age at the beginning of the school year of the district and or has been enrolled in the first grade or has successfully completed kindergarten in the public schools in another state before transferring to a public school in this state. This subsection does not affect a student's advancement under Section 28.023. (14) Renumber the SECTIONS of the bill accordingly.