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.