By Dutton                                              H.B. No. 760
         76R2453 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of basic skills academies in certain
 1-3     school districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 29, Education Code, is amended by adding
 1-6     Subchapter J to read as follows:
 1-7                    SUBCHAPTER J.  BASIC SKILLS ACADEMIES
 1-8                         IN CERTAIN SCHOOL DISTRICTS
 1-9           Sec. 29.351.  APPLICABILITY OF SUBCHAPTER.  This subchapter
1-10     applies only to a school district with an enrollment of at least
1-11     190,000 students on the last day of the preceding school year.
1-12           Sec. 29.352.  DEFINITION.  In this subchapter, "basic skills"
1-13     means reading, writing, and mathematics.
1-14           Sec. 29.353.  BASIC SKILLS ACADEMIES REQUIRED.  (a)  A school
1-15     district shall establish a basic skills academy at each elementary
1-16     school that:
1-17                 (1)  has 20 or more students identified as eligible for
1-18     special education under Subchapter A; or
1-19                 (2)  is identified as low performing under Subchapter
1-20     D, Chapter 39.
1-21           (b)  The academic program of a basic skills academy must
1-22     focus on basic skills.
1-23           (c)  A basic skills academy shall serve students in grades
1-24     three through six.
 2-1           Sec. 29.354.  DIAGNOSTIC TESTING FOR BASIC SKILLS
 2-2     PROFICIENCY; PLACEMENT IN BASIC SKILLS ACADEMY.  (a)  A school that
 2-3     is required to have a basic skills academy shall administer a
 2-4     diagnostic test to each student in the third grade to determine the
 2-5     student's proficiency in basic skills.
 2-6           (b)  The agency shall establish a level of basic skills at
 2-7     which each student in the third, fourth, fifth, or sixth grade must
 2-8     be proficient.  The board of trustees of a school district may
 2-9     establish a level of basic skills that is different but not lower
2-10     than the  level established by the agency.
2-11           (c)  A school district shall place each student who does not
2-12     meet the applicable level of proficiency in basic skills in the
2-13     basic skills academy.
2-14           Sec. 29.355.  PERIODIC TESTING OF STUDENTS IN BASIC SKILLS
2-15     ACADEMY.  (a)  A school district shall periodically test each
2-16     student in a basic skills academy to determine the student's
2-17     proficiency in basic skills.
2-18           (b)  A school district shall return each student who meets
2-19     the applicable level of proficiency in basic skills to the regular
2-20     academic program.
2-21           Sec. 29.356.  IDENTIFICATION OF STUDENTS IN BASIC SKILLS
2-22     ACADEMY.  For purposes of accountability under Chapter 39, a school
2-23     district shall identify to the agency each student placed in a
2-24     basic skills academy.
2-25           Sec. 29.357.  FUNDING OF BASIC SKILLS ACADEMY.  (a)  A school
2-26     district is entitled to state funding for basic skills academies in
2-27     addition to funding to which the district is entitled under Chapter
 3-1     42.
 3-2           (b)  For each school year, a school district is entitled to
 3-3     $4,000 in additional state funding for each student in a basic
 3-4     skills academy.
 3-5           (c)  Funding under this section shall be derived from amounts
 3-6     appropriated out of the net proceeds of the state lottery under
 3-7     Chapter 466, Government Code.
 3-8           Sec. 29.358.  CONTRACT AUTHORITY.  The board of trustees of a
 3-9     school district may contract under Section 11.157 for the provision
3-10     of educational services to students placed in a basic skills
3-11     academy.
3-12           Sec. 29.359.  EXPIRATION.  This subchapter expires September
3-13     1, 2003.
3-14           SECTION 2.  Section 39.053, Education Code, is amended by
3-15     adding Subsection (a-1) to read as follows:
3-16           (a-1)  The annual report of a school district to which
3-17     Subchapter J, Chapter 29, applies must include the performance
3-18     rating of each basic skills academy as provided under Section
3-19     39.072(d).  This subsection expires September 1, 2003.
3-20           SECTION 3.  Section 39.072, Education Code, is amended by
3-21     adding Subsection (d) to read as follows:
3-22           (d)  The agency shall evaluate against state standards and
3-23     shall report the performance of each basic skills academy
3-24     established under Subchapter J, Chapter 29, on the basis of the
3-25     academy's performance on the indicators adopted under Sections
3-26     39.051(b)(1) through (3), (8), and (9).  Notwithstanding Subsection
3-27     (c), the performance of a campus that has a basic skills academy is
 4-1     not based on students placed in the basic skills academy.  This
 4-2     subsection expires September 1, 2003.
 4-3           SECTION 4.  Section 42.152, Education Code, is amended by
 4-4     adding Subsection (c-1) to read as follows:
 4-5           (c-1)  For purposes of Subsection (c), a basic skills academy
 4-6     established under Subchapter J, Chapter 29, is considered to be an
 4-7     accelerated instruction program under Section 29.081.  This
 4-8     subsection expires September 1, 2003.
 4-9           SECTION 5.  This Act takes effect September 1, 1999.
4-10           SECTION 6.  Each school district to which Subchapter J,
4-11     Chapter 29, Education Code, applies shall establish basic skills
4-12     academies as required by that subchapter not later than the
4-13     beginning of the 2000-2001 school year.
4-14           SECTION 7.  The importance of this legislation and the
4-15     crowded condition of the calendars in both houses create an
4-16     emergency and an imperative public necessity that the
4-17     constitutional rule requiring bills to be read on three several
4-18     days in each house be suspended, and this rule is hereby suspended.