By Cuellar                                             H.B. No. 879
         76R318 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to improving student performance in public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 25.085(d), Education Code, is amended to
 1-5     read as follows:
 1-6           (d)  Unless specifically exempted by Section 25.086, a
 1-7     student enrolled in a school district must attend an extended-year
 1-8     program for which the student is eligible that is provided by the
 1-9     district under Section 29.082 [for students identified as likely
1-10     not to be  promoted to the next grade level] or tutorial classes
1-11     provided [required] by the district under Section 29.084.
1-12           SECTION 2.  Chapter 26, Education Code, is amended by adding
1-13     Section 26.013 to read as follows:
1-14           Sec. 26.013.  INFORMATION TO PARENTS.  (a)  Each school
1-15     district shall annually provide to each parent of a child enrolled
1-16     in the district written information that summarizes:
1-17                 (1)  parental rights and responsibilities under this
1-18     chapter;
1-19                 (2)  a student's right to pray or meditate in school as
1-20     provided by Section 25.901;
1-21                 (3)  the availability of accelerated and extended year
1-22     programs and tutorial services under Subchapter C, Chapter 29;
1-23                 (4)  the availability of career and guidance counseling
1-24     programs under Subchapter A, Chapter 33;
 2-1                 (5)  a description of site-based decision making under
 2-2     Section 11.253; and
 2-3                 (6)  the method under which a campus or campus program
 2-4     charter may be obtained under Subchapter C, Chapter 12.
 2-5           (b)  A school district shall provide the information required
 2-6     by Subsection (a) in a manner designed to reach parents. A district
 2-7     may provide the information by individual letter or include the
 2-8     information in an attachment to a report card, or in a
 2-9     parent/student handbook, a school district brochure, or a school or
2-10     parent-teacher organization newsletter.
2-11           SECTION 3.  Sections 28.022(a) and (b), Education Code, are
2-12     amended to read as follows:
2-13           (a)  The board of trustees of each school district shall
2-14     adopt a policy that:
2-15                 (1)  provides for a conference between parents and
2-16     teachers; [and]
2-17                 (2)  requires the district, at least once every 12
2-18     weeks, to give written notice to a parent of a student's
2-19     performance in each class or subject; and
2-20                 (3)  requires the district, at least once every three
2-21     weeks, to give written notice to a parent of a student's
2-22     performance in mathematics, social studies, science, or English
2-23     language arts, including intensive reading instruction, if the
2-24     student's performance in that subject is consistently
2-25     unsatisfactory.
2-26           (b)  The notice required under Subsection (a)(2) or (3) must:
2-27                 (1)  provide for the signature of a student's parent;
 3-1     and
 3-2                 (2)  be returned to the district.
 3-3           SECTION 4.  Subchapter B, Chapter 28, Education Code, is
 3-4     amended by adding Section 28.0221 to read as follows:
 3-5           Sec. 28.0221.  ACHIEVEMENT COMMITMENT.  (a) Each school
 3-6     district is encouraged to enter into an achievement commitment with
 3-7     a student and the  student's parents if the student:
 3-8                 (1)  did not perform satisfactorily on an assessment
 3-9     instrument administered under Section 39.023(a) or (c); or
3-10                 (2)  has a grade average in any academic class that is
3-11     lower than the equivalent of 70 on a scale of 100.
3-12           (b)  An achievement commitment must include the following
3-13     specific commitments:
3-14                 (1)  the actions the student will take to improve the
3-15     student's performance;
3-16                 (2)  the actions the  student's parents will take to
3-17     assist the student in improving the student's performance;
3-18                 (3)  the services the  student's teachers will provide
3-19     to assist the student in improving the student's performance; and
3-20                 (4)  the services campus personnel other than the
3-21     student's teachers will provide to assist the student in improving
3-22     the student's performance.
3-23           (c)  An agreement under this section is not binding.
3-24           SECTION 5.  Section 29.082, Education Code, is amended to
3-25     read as follows:
3-26           Sec. 29.082. [OPTIONAL]  EXTENDED YEAR PROGRAM.  (a) A school
3-27     district shall provide [may set aside an amount from the district's
 4-1     allotment under Section 42.152 or may apply to the agency for
 4-2     funding of] an extended year program for a period not to exceed 30
 4-3     instructional days for students in kindergarten through grade 8
 4-4     whose grade average for the year in English language arts or
 4-5     mathematics is lower than the equivalent of 70 on a scale of 100
 4-6     [who are  identified as likely not to be promoted to the next grade
 4-7     level for the succeeding school year].
 4-8           (b)  The commissioner may adopt rules for the administration
 4-9     of programs provided under this section.
4-10           (c)  A school district may not enroll more than 16 students
4-11     in a class provided under this section.
4-12           (d)  Each class provided under this section shall be taught
4-13     by a teacher who has completed successfully a program that provides
4-14     training to teach a class under this section and that satisfies
4-15     standards the commissioner establishes.
4-16           (e)  [A student who attends at least 90 percent of the
4-17     program days of a program under this section and who satisfies the
4-18     requirements for promotion prescribed by Section 28.021 shall be
4-19     promoted to the next grade level at the beginning of the next
4-20     school year unless a parent of the student presents a written
4-21     request to the school principal that the student not be promoted to
4-22     the next grade level.  As soon as practicable after receiving the
4-23     request from a parent, the principal shall hold a formal meeting
4-24     with the student's parent, extended year program teacher, and
4-25     counselor.  During the meeting, the principal, teacher, or
4-26     counselor shall explain the longitudinal statistics on the academic
4-27     performance of students who are not promoted to the next grade
 5-1     level and provide information on the effect of retention on a
 5-2     student's self-esteem and on the likelihood of a student dropping
 5-3     out of school.  After the meeting, the parent may withdraw the
 5-4     request that the student not be promoted to the next grade level.
 5-5     If the parent of a student eligible for promotion under this
 5-6     subsection withdraws the request, the student shall be promoted.
 5-7     If a student is promoted under this subsection, the school district
 5-8     shall continue to use innovative practices to ensure that the
 5-9     student is successful in school in succeeding years.]
5-10           [(f)]  A school district that provides a program under this
5-11     section shall adopt a policy designed to lead to immediate
5-12     reduction and ultimate elimination of student retention.
5-13           (f) [(g)]  A school district shall provide transportation to
5-14     each student who is required to attend a program under this section
5-15     and who is eligible for regular transportation services.
5-16           SECTION 6.  Section 29.084, Education Code, is amended to
5-17     read as follows:
5-18           Sec. 29.084.  TUTORIAL SERVICES.  (a) Each school district
5-19     shall [may] provide tutorial services for each [at the district's
5-20     schools.]
5-21           [(b)  A district that provides tutorial services shall
5-22     require a] student whose grade in mathematics, social studies,
5-23     science, or English language arts, including intensive  reading
5-24     instruction,  [a subject] for a grade reporting period is lower
5-25     than the equivalent of 70 on a scale of 100 [to attend tutorials].
5-26           (b)  A district may provide tutorial services under this
5-27     section by providing:
 6-1                 (1)  an extended school day, extended school week, or
 6-2     extended school year;
 6-3                 (2)  specialized tutorial support, including peer
 6-4     tutoring, cross-age tutoring, student mentoring; or
 6-5                 (3)  another form of tutoring.
 6-6           (c)  Tutorial services under this section may be provided at
 6-7     the student's home campus or a central campus or through a
 6-8     community or neighborhood program.
 6-9           (d) [(c)]  A district may provide transportation for a
6-10     student who is required to attend tutorial services and who is
6-11     eligible for regular transportation services.
6-12           SECTION 7.  Sections 29.153(a) and (d), Education Code, are
6-13     amended to read as follows:
6-14           (a)  Any school district may offer prekindergarten classes,
6-15     but a district shall offer prekindergarten classes if the district
6-16     identifies 15 or more eligible children [who are at least four
6-17     years of age. A school district may offer prekindergarten classes
6-18     if the district identifies 15 or more eligible children who are at
6-19     least three years of age].
6-20           (d)  On application of a district, the commissioner may
6-21     exempt a district from the application of this section if the
6-22     district would be required to construct classroom facilities in
6-23     order to provide prekindergarten classes. The commissioner may not
6-24     grant an exemption under this subsection in connection with a
6-25     school campus that was identified as low-performing under
6-26     Subchapter D, Chapter 39, in the preceding school year.
6-27           SECTION 8.  Subchapter G, Chapter 29, Education Code, is
 7-1     amended  by adding Section 29.2021 to read as follows:
 7-2           Sec. 29.2021.  ASSISTANCE IN USING PUBLIC EDUCATION GRANT.
 7-3     (a)  A school district shall assist a student in using a public
 7-4     education grant to attend school in a district other than the
 7-5     district in which the student resides if:
 7-6                 (1)  the student did not perform satisfactorily on the
 7-7     most recent assessment instrument administered under Section
 7-8     39.023(a)(1) or (c); and
 7-9                 (2)  the campus the student is assigned to attend is
7-10     identified as low-performing under Subchapter D, Chapter 39,
7-11     because of the number of students at the campus who did not perform
7-12     satisfactorily on an assessment instrument administered under
7-13     Section 39.023(a) or (c).
7-14           (b)  To receive assistance under this section, a student's
7-15     parent must submit to the district a written list of five school
7-16     districts that the parent would like the student to attend, ranked
7-17     in order of preference. The superintendent of the district in which
7-18     the student resides, or the superintendent's designee, shall assist
7-19     the student's parent in contacting each district and shall urge
7-20     each district to permit the student to use a public education grant
7-21     to attend school in the district. The superintendent, or the
7-22     superintendent's designee, may offer a district an incentive,
7-23     including an agreement to accept a student from the other district
7-24     who is entitled to a public education grant.
7-25           SECTION 9.  Section 39.024(b), Education Code, is amended to
7-26     read as follows:
7-27           (b)  Each school district shall offer an intensive program of
 8-1     instruction for students who did not perform satisfactorily on an
 8-2     assessment instrument administered under this subchapter.  The
 8-3     intensive programs for students who did not perform satisfactorily
 8-4     on an assessment instrument under Section 39.023(a) or (c) shall be
 8-5     designed to enable the students to be performing at grade level at
 8-6     the conclusion of the next regular school term and shall be
 8-7     provided in a manner permitted by Section 29.084.  The intensive
 8-8     programs for  students who did not perform satisfactorily on an
 8-9     assessment instrument under Section 39.023(b) shall be designed by
8-10     each student's admission, review, and dismissal committee to enable
8-11     the student to attain a standard of annual growth on the basis of
8-12     the student's individualized education program. A district may
8-13     provide transportation for a student who is required to attend an
8-14     intensive program and who is eligible for regular transportation
8-15     services.
8-16           SECTION 10.  The heading to Subchapter G, Chapter 39,
8-17     Education Code, is amended to read as follows:
8-18            SUBCHAPTER G.  ACCREDITATION SANCTIONS AND ASSISTANCE
8-19           SECTION 11.  Section 39.131, Education Code, is amended by
8-20     adding Subsections (b-1) and (b-2) to read as follows:
8-21           (b-1)  The commissioner may take any action authorized under
8-22     Subsections (b)(1) through (5) in connection  with a campus if:
8-23                 (1)  the campus is an elementary, middle school, or
8-24     junior high school campus that the commissioner determines has
8-25     instructional problems and students at the campus will be assigned
8-26     to a middle school, junior high school, or high school that is
8-27     low-performing;
 9-1                 (2)  more than 50 percent of the students at the campus
 9-2     who are members of a racial or ethnic minority do not perform
 9-3     satisfactorily on an assessment instrument administered under
 9-4     Section 39.023(a)(1) or (c);
 9-5                 (3)  more than 50 percent of the students at the campus
 9-6     who are educationally disadvantaged do not perform satisfactorily
 9-7     on an assessment instrument administered under Section 39.023(a)(1)
 9-8     or (c);
 9-9                 (4)  more than 50 percent of the students at one grade
9-10     level at the campus do not perform satisfactorily on an assessment
9-11     instrument administered under Section 39.023(a) or (c); or
9-12                 (5)  the commissioner receives a significant number of
9-13     complaints from parents or teachers at a school alleging that the
9-14     instructional leadership or the site-based decision-making process
9-15     at the campus is ineffective.
9-16           (b-2)  If  campus performance is below one or more standards
9-17     under Section 39.073(b) at each grade level taught at the campus
9-18     and, in two or more succeeding school years, the campus is
9-19     identified as low-performing or the commissioner acts under
9-20     Subsection (b-1), in addition to any other action under Subsection
9-21     (b), the commissioner shall:
9-22                 (1)  order an audit to identify the source of each
9-23     problem causing the low performance, to be conducted by an
9-24     independent auditor;
9-25                 (2)  order an audit to identify the source of each
9-26     problem causing the low performance, to be conducted by campus
9-27     administrators, teachers, and parents;
 10-1                (3)  assist the campus administrators, teachers, and
 10-2    parents in agreeing to a campus instructional program designed to:
 10-3                      (A)  address the problems identified in the
 10-4    audits conducted under Subdivisions (1) and (2); and
 10-5                      (B)  use instructional programs that have proven
 10-6    successful in other schools;
 10-7                (4)  provide access to the resources necessary to
 10-8    implement the redesigned instructional program, including
 10-9    program-specific  training for campus teachers and incentives for
10-10    administrators and teachers from other schools to come to the
10-11    low-performing campus and assist in implementing the redesigned
10-12    instructional program; and
10-13                (5)  evaluate the success of the redesigned
10-14    instructional program.
10-15          SECTION 12.  Subchapter G, Chapter 39, is amended by adding
10-16    Sections 39.132 and 39.133 to read as follows:
10-17          Sec. 39.132.  MENTOR SCHOOLS FOR LOW-PERFORMING SCHOOLS.  (a)
10-18    For each school identified as low-performing under Section
10-19    39.131(b), the commissioner shall assign a mentor school.
10-20          (b)  Only a school that is rated exemplary may volunteer to
10-21    act as a mentor school under this section.
10-22          (c)  A mentor school shall consult with the low-performing
10-23    school that has been assigned to the mentor school to enable the
10-24    low-performing school to replicate strategies used by the mentor
10-25    school that have been successful in improving student performance.
10-26          Sec. 39.133.  INTENSIVE INSTRUCTIONAL PROGRAM FOR CERTAIN
10-27    LOW-PERFORMING SCHOOLS.  (a)  The commissioner shall require each
 11-1    school that is identified as low-performing under Section 39.131(b)
 11-2    because of the number of students at the school who did not perform
 11-3    satisfactorily on an assessment instrument administered under
 11-4    Section 39.023(a)(1) or (c) to provide an intensive instructional
 11-5    program.
 11-6          (b)  An intensive instructional program under this section
 11-7    must:
 11-8                (1)  be approved by the commissioner; and
 11-9                (2)  have been demonstrated through research to be
11-10    successful in improving student performance.
11-11          SECTION 13.  Section 42.005(a), Education Code, is amended to
11-12    read as follows:
11-13          (a)  In this chapter, average daily attendance is the
11-14    quotient of the sum of attendance for each day of the minimum
11-15    number of days of instruction as described under Section 25.081(a),
11-16    for each day of an extended year program under Section 29.082, and
11-17    for each day of a program of tutorial services under Section 29.084
11-18    divided by the minimum number of days of instruction.
11-19          SECTION 14.  Section 42.152(p), Education Code, is repealed.
11-20          SECTION 15.  This Act applies beginning with the 1999-2000
11-21    school year.
11-22          SECTION 16.  The importance of this legislation and the
11-23    crowded condition of the calendars in both houses create an
11-24    emergency and an imperative public necessity that the
11-25    constitutional rule requiring bills to be read on three several
11-26    days in each house be suspended, and this rule is hereby suspended,
11-27    and that this Act take effect and be in force from and after its
 12-1    passage, and it is so enacted.