SRC-DPW C.S.S.B. 1455 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1455
76R12848 KKA-FBy: West
Education
4/23/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law narrowly defines a "student at risk of dropping out of
school" by age rather than grade level for students in grade levels higher
than seventh grade.  The definition is used in determining portions of a
school district's funding.  This bill would expand the definition of a
"student at risk of dropping out of school," and set forth guidelines for
administration and funding of a compensatory and accelerated instruction
program in public schools. 

PURPOSE

As proposed, C.S.S.B. 1455 sets forth guidelines for administration and
funding of a compensatory, intensive, and accelerated instruction program
in public schools. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in
SECTIONS 2 and 6 (Sections 39.051(g) and 42.152, Education Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 29.081, Education Code, by amending the heading
and Subsection (a), (c), and (d) and adding Subsections (g), (h), and (i),
as follows: 

Sec. 29.081. New heading: COMPENSATORY, INTENSIVE, AND ACCELERATED
INSTRUCTION. Requires each school district to use student  performance data
to design and implement appropriate compensatory, intensive, or accelerated
instructional services for students that enable the students to perform at
grade level at the conclusion of the next regular school term or to be
prepared to obtain a high school equivalency certificate.  Requires each
school to evaluate and document the effectiveness of the accelerated
instruction in reducing any disparity in performance on assessment
instruments or disparity in the rates of high school completion or receipt
of a high school equivalency certificate between students at risk of
dropping out of school and all other district students.  Redefines"student
at risk of dropping out of school." Prohibits a school district from
placing a student in a program to obtain a high school equivalency
certificate unless certain conditions are met.  Authorizes a student
eligible to participate in a district's special education program under
Section 29.003 to receive instructional services if such action is
determined appropriate by the student's admission, review, and dismissal
committee.  Authorizes a student who satisfies local eligibility criteria
adopted by the board of trustees of the school district to receive
instructional services under this section.  Prohibits the number of
students receiving instructional services from exceeding 10 percent of the
number of students described by Subsection (d) who received instructional
services during the preceding school year.  Prohibits students receiving
services under this subsection from being included in the group of students
who are identified as being at risk of dropping out of school.  Deletes
text regarding the dropout rate. 

SECTION 2. Amends Section 39.051, Education Code, by amending Subsection
(b) and adding Subsection (g), to require indicators adopted under this
section to be based on information that is disaggregated by gender,
socioeconomic, and at risk status under Section 29.081, and must include
dropout and completion rates and certain other information, rather than
with respect to sex.  Requires the commissioner of education
(commissioner), by rule, to: adopt accountability measures to be used in
assessing the performance of students at risk of dropping out of school;
specify the level of student performance on the accountability measures
that is necessary for a campus or district to obtain a certain  performance
rating; and determine appropriate methods of integrating student
performance on the accountability measures into the statewide public school
accountability program. 

SECTION 3. Amends Section 39.053(d), Education Code, to authorize a
performance report to include socioeconomic status and at-risk status under
Section 29.081, rather than economic status.  Makes a conforming change. 

SECTION 4. Amends the heading to Section 39.182, Education Code, as follows:

Sec. 39.182. New heading: COMPREHENSIVE ANNUAL REPORT.

SECTION 5. Amends Sections 39.182(a) and (b), Education Code, to require
the Texas Education Agency (TEA), not later than December 1 of each year,
to prepare and deliver a report to certain persons, covering the preceding
school year, rather than the preceding two years, and containing: the
number of students exempted from the administration of academic skills
assessment instruments and the basis of the exemptions; a summary
compilation of overall performance of students placed in an alternative
education program established under Section 37.008  on academic skills
assessment instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and the
basis of the exemptions, aggregated by grade level and subject area, and
disaggregated by race, ethnicity, gender, and socioeconomic status; a
statement of certain completion rates and the number and percentage of all
students who have not been previously accounted for and are not enrolled in
a private school, home school, or school in another state; a summary
containing information concerning the number and percentage of students
retained, and the performance of retained students on assessment
instruments required under Section 39.023(a); certain information regarding
students placed in an alternative education program established under
Section 37.008; a summary of school district compliance with
student/teacher ratios and class-size limitations prescribed by Sections
25.111 and 25.112; a summary of the exemptions and waivers granted to
school districts under Section 7.056 or 39.112 and a review of the
effectiveness of each campus or district following deregulation; an
evaluation of the performance of the system of regional education service
centers based on certain indicators and client satisfaction; and a
comparison of the performance of openenrollment charter schools and school
districts on academic excellence indicators specified in Section 39.051(b),
with a separately aggregated comparison of the performance of
open-enrollment charter schools granted under Section 12.1011(a)(2) with
the performance of school districts.  Makes conforming changes. 

SECTION 6. Amends Sections 42.152, Education Code, by amending Subsections
(b), (c), and (r), and adding Subsection (s), to provide that the number of
educationally disadvantaged students is determined in a manner determined
by commissioner rule, if the district did not participate in the national
school lunch program of free or reduced-price lunches during the preceding
school year.  Requires funds allocated under this section to be used to
fund supplemental programs and services designated to eliminate any
disparity in performance on assessment instruments administered under
Chapter 39B or disparity in the rates of high school completion or receipt
of a high school equivalency certificate between students at risk of
dropping out and all other students.  Authorizes funds allocated under this
section to be used only to meet the costs of providing a compensatory,
intensive, or accelerated instruction program under Section 29.081
(accelerated program), an alternative education program under Section
37.008, or a program eligible  under Title I of the Elementary and
Secondary Education Act of 1965, as provided by Pub. L. No. 103-382, and by
federal regulations implementing that Act. Authorizes a district's
compensatory education allotment to be used only for the costs
supplementary to the regular education program in meeting the costs of
providing an accelerated program.  Requires a home-rule school district or
an open-enrollment charter school to use funds allocated under Subsection
(a) for a purpose authorized in this subsection, rather than to provide
compensatory education services. Requires the commissioner to grant a
one-year exemption to a school district in which students identified as
being at risk of dropping out of school perform on assessment instruments
specified by Section 39.051(b) at levels rated to be academically
acceptable.  Requires the commissioner to determine and notify a school
district of its exemption, based on the most recent information available,
not later than March 1 of each year.   Provides that Subsection (r) applies
beginning with the 2001 - 2002 school year and that this subsection expires
September 1, 2002.  Deletes text authorizing funds to be spent for certain
purposes.  Deletes existing Subsection (r).  Makes a conforming change. 

SECTION 7. Requires the commissioner to form a committee to conduct a study
and detailed analysis of effective public education compensatory education
programs for students receiving services under  Section 29.081, Education
Code, or Title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. Section 6301 et seq.), and effective higher education developmental
programs delivered under Section 51.306, Education Code, using funds
appropriated for that purpose.  Requires the committee formed by the
commissioner (committee) to organize and administer the study required by
this section.  Sets forth the required composition of the committee.
Requires the committee to use data collected through certain governmental
entities in conducting the study required by this section. Requires the
study to examine compensatory and developmental programs in a manner that
allows comparison between  similar schools and types of students, using
information collected locally. Requires the committee to submit the report
to the legislature not later than December 1, 2000. Provides that the
committee is abolished and this section expires January 1, 2001.   

SECTION 8. Repealers: Sections 39.183 and 39.185, Education Code (Regional
and District Level Report and Interim Report). 

SECTION 9. Provides that this Act applies beginning with the 1999 - 2000
school year, except as otherwise provided by this Act.  Provides that
Sections 39.051(g) and 39.053(d), Education Code, apply beginning with the
2000 - 2001 school year.  Provides that Section 39.182 applies beginning
with the report required to be prepared not later than December 1, 1999,
except that TEA in computing information for inclusion in reports due
December 1, 1999 and 2000, may determine appropriate information based on
Section 29.081, Education Code, as it existed before amendment by this Act.
Requires TEA to include information specified under Section
39.182(a)(7)(E), Education Code, beginning with the report due December 1,
2002, and to include alternative information relating to students who leave
school in the reports due in 1999, 2000, and 2001. 

SECTION 10.Emergency clause.
  Effective date: upon passage.


SUMMARY OF COMMITTEE CHANGES

Relating clause.

Provides that this Act relates to compensatory, intensive, and accelerated
education in public schools 

SECTION 1.

Amends the heading of Section 29.081, Education Code.

Amends Section 29.081, Education Code, to require each school district to
use student performance data to design and implement appropriate
compensatory, intensive, or accelerated instructional services for
students.  Requires each school to evaluate and document the effectiveness
of the accelerated instruction.  Redefines "student at risk of dropping out
of school."  Prohibits a school district from placing a student in a
program to obtain a high school equivalency certificate unless certain
conditions are met.  Authorizes a student eligible to participate in a
district's special education program under Section 29.003 to receive
instructional services if such action is determined appropriate by the
student's admission, review, and dismissal committee.  Authorizes a student
who satisfies local eligibility criteria adopted by the board of trustees
of the school district to receive instructional services under this
section.  Prohibits the number of students receiving instructional services
from exceeding 10 percent of the number of students described by Subsection
(d) who received instructional services during the preceding school year.
Prohibits students receiving services under this subsection from being
included in the group of students who are identified as being at risk of
dropping out of school.  

SECTION 2.

Amends Section 39.051, Education Code, to require indicators adopted under
this section to be based on information that is disaggregated by gender,
socioeconomic, and at risk status under Section 29.081, and must include
dropout and completion rates and certain other information, rather than
with respect to sex.  Requires the commissioner, by rule, to adopt
accountability  measures and procedures for their use to be used in
assessing the performance of students at risk of dropping out of school. 

SECTION 3. 

Amends Section 39.053(d), Education Code, to authorize a performance report
to include socioeconomic status and at-risk status under Section 29.081.
Makes a conforming change. 

SECTION 4.

Amends the heading of Section 39.182, Education Code.

SECTION 5.

Amends Section 39.182, Education Code to set forth information required to
be included in a comprehensive report covering the preceding school year
and to be delivered to certain persons and offices of the state government.
Makes conforming changes. 

SECTION 6.

Amends Sections 42.152, Education Code, to provide that the number of
educationally disadvantaged students is conditionally determined in a
manner determined by commissioner rule.  Requires funds allocated under
this section to be used to fund supplemental programs and services
designated to eliminate any disparity in performance on assessment
instruments administered under Chapter 39B or disparity in the rates of
high school completion or receipt of a high school equivalency certificate
between students at risk of dropping out and all other students.
Authorizes funds allocated under this section to be used only to meet the
costs of providing an accelerated program, an alternative education program
under Section 37.008, or a program eligible  under Title I of the
Elementary and Secondary Education Act of 1965, as provided by Pub. L. No.
103-382, and by federal regulations implementing that Act. Authorizes a
district's compensatory education allotment to be used only for the costs
supplementary to the regular education program in meeting the costs of
providing an accelerated program.   Provides that Subsection (r) applies
beginning with the 2001 - 2002 school year and that this subsection expires
September 1, 2002.  Makes a conforming change.  Deletes proposed SECTION 6. 

SECTION 7.

Requires the commissioner to form a committee to conduct a study and
detailed analysis of effective public education compensatory education
programs for students receiving services under Section 29.081, Education
Code, or Title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. Section 6301 et seq.), and effective higher education developmental
programs delivered under Section 51.306, Education Code, using funds
appropriated for that purpose.  Requires the committee to organize and
administer the study required by this section. Sets forth the required
composition of the committee.  Requires the committee to use data collected
through certain governmental entities in conducting the study required by
this section. Requires the study to examine compensatory and developmental
programs in a manner that allows comparison between  similar schools and
types of students, using information collected locally.  Requires the
committee to submit the report to the legislature not later than December
1, 2000.  Provides that the committee is abolished and this section expires
January 1, 2001. 

SECTION 8.

Repeals Sections 39.183 and 39.185, Education Code.


SECTION 9.

Provides that this Act applies beginning with the 1999 - 2000 school year,
except as otherwise provided by this Act.  Provides that Sections 39.051(g)
and 39.053(d), Education Code, apply beginning with the 2000 - 2001 school
year.  Provides that Section 39.182 applies beginning  with the report
required to be prepared not later than December 1, 1999, except that TEA in
computing information for inclusion in reports due December 1, 1999 and
2000, may determine appropriate information based on Section 29.081,
Education Code, as it existed before amendment by this Act.  Requires TEA
to include information specified under Section 39.182(a)(7)(E), Education
Code, beginning with the report due December 1, 2002, and to include
alternative information relating to students who leave school in the
reports due in 1999, 2000, and 2001. 

SECTION 10. 

Redesignated from SECTION 7.