HBA-MPM H.B. 3653 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3653 By: Oliveira Public Education 4/21/1999 Introduced 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. 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 Subsection (d) and adding Subsections (g) and (h), as follows: (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; _is not eligible for special education services under Subchapter A (Special Education Programs), Chapter 29 (Educational Programs), Education Code; _was not advanced from one grade level to the next for two or more school years; _has mathematics or eading skills that are two or more years below grade level; _did not maintain a 70 grade average on a scale of 100 in two or more courses in the previous or current school year, and deletes text specifying that the student is not expected to graduate within four years of the date the student begins ninth grade; _did not achieve a score of at least 110 percent of the passing standard, as determined by the commissioner of education (commissioner) on the student's administration for the current or prior year of an assessment instrument administered under Section 39.023(a), (b), or (c), (Adoption and Administration of Instruments), Education Code, rather than a student 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 pregnant or is a parent; _has been removed to an alternative education program pursuant to Section 37.006 (Removal for Certain Conduct), Education Code, in the current or previous school year; _has been expelled pursuant to Section 37.007 (Expulsion for Serious Offenses), Education Code, within the current or previous school year; _is currently on parole, probation, deferred adjudication, or other conditional release; _was previously reported in PEIMS under Section 42.006 (Public Education Information Management System (PEIMS)), Education Code, as dropping out of school or failed during the current or prior school year to attend school for 90 percent of the days the class is offered without valid exemption or excuse under Sections 25.086 (Exemptions) and 25.087 (Excused Absences), Education Code; _is a student in prekindergarten through grade 6 who did not perform satisfactorily on a rediness test or assessment instrument administered at the beginning of the current school year; _is in the custody or care of the Department of Protective and Regulatory Services, or has during the current school year been referred to the department by school officials, officers of the juvenile court, or law enforcement officials; _is homeless as defined by 42 U.S.C., Section 11302 (General Definition of Homeless Individual); and _each student who, in the current or previous school year resides in a residential placement facility in a district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, or foster family group home, rather than a student who is not disabled who resides in these facilities without a parent or legal guardian in co-residence. Deletes text identifying a "student at risk of dropping out of school," as one who: _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. Redesignates existing Paragraphs (d)(1)(A)-(d)(E) to Subdivisions (d)(1)-(d)(5); and existing Paragraph (d)(2)(C) to Subdivision (11). Makes a conforming change. SECTION 2. Amends Section 39.051(b), Education Code, to include at risk status 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 a conforming 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, other than an indirect cost allotment established under State Board of Education rule and which may not exceed 15 percent, to be used only in providing compensatory education and accelerated instruction programs to support programs eligible for funding under Title I, Helping Disadvantaged Children Meet High Standards, as authorized under P.L. 103-382, as amended, and 34 CFR 200.63, as amended. Includes operation of alternative education programs under Section 37.008 (Alternative Education Programs), Education Code, in a list of programs for which a school district's compensatory education allotment may be used. SECTION 6. Makes SECTION 2 of this Act applicable beginning with the 2000-2001 school year. SECTION 7. Makes this Act prospective beginning with the 1999-2000 school year. SECTION 8.Emergency clause. Effective date: upon passage.