HBA-MPM C.S.H.B. 3653 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3653 By: Oliveira Public Education 5/4/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE School districts receive compensatory education funds under Section 42.152 (Compensatory Education Allotment), Education Code, for the purpose of providing compensatory education and accelerated instruction to students identified as at-risk under Section 29.081 (Compensatory and Accelerated Instruction), Education Code. Compensatory education funds are allowed to be spent only on costs supplemental to the regular program, including program and student evaluation, instructional materials, equipment and other supplies required for quality instruction; and supplemental staff expenses and salary for teachers of at-risk students. C.S.H.B. 3653 redefines "student at risk of dropping out of school" to include a larger subset of student categories, thereby making these students eligible for compensatory education funded programs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 29.081, Education Code, by amending Subsections (c) and (d) and adding Subsections (g) and (h), as follows: (c) Requires each school district to evaluate and document the effectiveness of the accelerated instruction in reducing any disparity between students at risk of dropping out of school and all other district students in performance on certain assessment instruments and the rates of high school completion or receipt of a high school equivalency certificate, rather than the dropout rate and in increasing achievement in the categories of students listed under Subsection (d). (d) Redefines "student at risk of dropping out of school" to mean a student who: _is under 21 years of age, rather than in grade levels 7-12, and who is ineligible for a district's special education program under Section 29.003 (Eligibility Criteria), Education Code; _did not maintain an average equivalent to 70 on a scale of 100 in two or more courses in the foundation curriculum prescribed under Section 28.002 (Required Curriculum), Education Code, during a semester in the preceding school year or does not maintain such an average in two or more courses in the foundation curriculum during a semester in the current school year, rather than a student who is not expected to graduate within four years of the date the student begins ninth grade; _did not perform satisfactorily on an assessment instrument administered to the student under Section 39.023(a), (b), or (c), (Adoption and Administration of Instruments), Education Code, during the two following school years, did not achieve a score equal to at least 105 percent of the score considered to be satisfactory performance on one of those assessment instruments; _is a student in prekindergarten, kindergarten, or grade one, two, or three who did not perform satisfactorily on a readiness test or assessment instrument administered during, rather than at the beginning of, the school year; _is a student who, rather than a student who is disabled, in the preceding school year resided or in the current school year resides in certain residential placement facilities, rather than in a district in which the student's parents or legal guardian does not reside; _was, in the preceding school year, or is, in the current school year, removed to an alternative education program under Section 37.006 (Removal for Certain Conduct), Education Code, or expelled under Section 37.007 (Expulsion for Serious Offenses), Education Code; _is currently released on parole or under supervision, placed under community supervision or on probation, placed on deferred adjudication, or released under another type of conditional release; _has been reported in the Public Education Information Management System (PEIMS) as being a dropout or as having failed during the preceding school year or failing during the current school year to attend a class for at least 90 percent of the days the class is offered without an exemption under Section 25.086 (Exemptions), Education Code, or an excuse accepted under Section 25.087 (Excused Absences), Education Code; _is in the custody or care of the Department of Protective and Regulatory Services, or, during the current school year, is referred to that department by a school or law enforcement official or a juvenile court officer; or _is homeless, as defined by 42 U.S.C., Section 11302 (General Definition of Homeless Individual) and its subsequent amendments. Authorizes the board of trustees of a school district to adopt additional criteria for identifying students eligible for programs or services under this section. Prohibits more than 10 percent of the number of students identified during the preceding school year under Subsection (d) as students at risk of dropping out of school from being identified as eligible using the criteria adopted under this subsection. Provides that a student identified under this subsection's criteria is not considered to be educationally disadvantaged or at risk of dropping out of school for purposes of Section 39.051(b), 39.053(d), or 42.152(a), Education Code. Deletes text identifying a "student at risk of dropping out of school," as one who: _did not perform satisfactorily on an assessment instrument administered under Subchapter B (Assessment of Academic Skills), Chapter 39 (Public School System Accountability), Education Code; _is sexually, physically, or psychologically abused; or _engages in conduct described by Section 51.03(a) (Delinquent Conduct; Conduct Indicating a Need for Supervision), Family Code; SECTION 2. Amends Section 39.051(b), Education Code, to include identification as a student at risk of dropping out of school as determined under Section 29.081(d), Education Code, as one of the indicators required to be included with regard to assessing a student's degree of change in performance from one school year to the next. SECTION 3. Amends Section 39.053(d), Education Code, to make conforming and nonsubstantive change. SECTION 4. Amends Section 39.182(a), Education Code, to make a conforming change. SECTION 5. Amends Section 42.152(c), Education Code, to authorize funds allocated under this section to be used only to fund supplemental programs and services designed to eliminate disparity between students at risk of dropping out of school, as defined by Section 29.081(d), Education Code, and all other district students in performance on assessment instruments administered under Subchapter B, Chapter 39, Education Code, or in the rates of high school completion or receipt of a high school equivalency certificate. Specifies that the funds are authorized to be used to operate alternative education programs under Section 37.008 (Alternative Education Programs), Education Code, or support programs eligible or funding under 20 U.S.C., Section 6301, et seq. (Title I of the Elementary and Secondary Education Act of 1965) and its subsequent amendments. SECTION 6. Makes this Act applicable beginning with the 1999-2000 school year, except that Section 39.051(b), Education Code, as amended by this Act, is applicable beginning with the 20002001 school year. SECTION 7.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3653 differs from the original bill in SECTION 1 to amend Sections 29.081(c) and (d), Education Code, rather than just (d). Subsection (c), as amended in the substitute, requires each school district to evaluate and document the effectiveness of the accelerated instruction in reducing any disparity between students at risk of dropping out of school and all other district students in performance on certain assessment instruments and the rates of high school completion or receipt of a high school equivalency certificate, rather than the dropout rate and in increasing achievement in the categories of students listed under Subsection (d). Subsection (d) of the substitute is modified to conform with Legislative Council format, and makes the following changes from the definition of "student at risk pf dropping out of school" set forth in the original: _deletes the qualification that the student maintain an average equivalent to 70 on a scale of 100 in two or more courses in "in the foundation curriculum as prescribed under Section 28.002"; and _deletes the qualification that the student did not achieve a score of at least 110 percent of the passing standard, as determined by the commissioner of education. Additionally, SECTIONS 2-5 are also modified to conform with Legislative Council format, and to make conforming changes concerning the identification of at-risk students. SECTION 6 of the original, which made SECTION 2 of the original applicable beginning with the 2000-2001 school year, and SECTION 7 of the original, which made the Act applicable beginning with the 1999-2000 school year, are deleted and replaced with SECTION 6 of the substitute, which makes this Act applicable beginning with the 1999-2000 school year, except that Section 39.051(b), Education Code, as amended by this Act, is applicable beginning with the 2000-2001 school year. SECTION 7 (emergency clause) of the substitute is redesignated from SECTION 8 of the original.