By Oliveira                                           H.B. No. 3653
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compensatory education and accelerated instruction in
 1-3     public schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 29.081, Education Code, is amended by
 1-6     amending Subsections (c) and (d) and adding Subsections (g) and (h)
 1-7     to read as follows:
 1-8           (c)  Each school district shall evaluate and document the
 1-9     effectiveness of the accelerated instruction in reducing any
1-10     disparity between students at risk of dropping out of school and
1-11     all other district students in:
1-12                 (1)  performance on assessment instruments administered
1-13     under Subchapter B, Chapter 39; and
1-14                 (2)  the rates of high school completion or receipt of
1-15     a high school equivalency certificate [the dropout rate and in
1-16     increasing achievement in the categories of students listed under
1-17     Subsection (d)].
1-18           (d)  For purposes of this section, "student at risk of
1-19     dropping out of school" includes[:]
1-20                 [(1)]  each student [in grade levels 7 through 12] who
1-21     is under 21 years of age, is not eligible for a district's special
1-22     education program under Section 29.003, and [who]:
1-23                 (1) [(A)]  was not advanced from one grade level to the
1-24     next for two or more school years;
 2-1                 (2) [(B)]  has mathematics or reading skills that are
 2-2     two or more years below grade level;
 2-3                 (3) [(C)]  did not maintain an average equivalent to 70
 2-4     on a scale of 100 in two or more courses in the foundation
 2-5     curriculum as prescribed under Section 28.002 during a semester in
 2-6     the preceding school year[,] or does [is] not maintain
 2-7     [maintaining] such an average in two or more courses in the
 2-8     foundation curriculum during a semester in the current school year
 2-9     [semester, and is not expected to graduate within four years of the
2-10     date the student begins ninth grade];
2-11                 (4) [(D)]  did not perform satisfactorily on an
2-12     assessment instrument administered to the student under Section
2-13     39.023(a), (b), or (c) during a school year and, during the two
2-14     following school years, did not achieve a score equal to at least
2-15     105 percent of the score considered to be satisfactory performance
2-16     on one of those assessment instruments [under Subchapter B, Chapter
2-17     39];
2-18                 (5)  [or (E)] is pregnant or is a parent;
2-19                 (6)  is a [(2) each] student in prekindergarten,
2-20     kindergarten, or [through] grade one, two, or three [6] who[:]
2-21                       [(A)]  did not perform satisfactorily on a
2-22     readiness test or assessment instrument administered during [at the
2-23     beginning of] the school year;
2-24                 (7) [(B)  did not perform satisfactorily on an
2-25     assessment instrument administered under Subchapter B, Chapter 39;]
2-26                       [(C)]  is a student of limited English
2-27     proficiency, as defined by Section 29.052;
 3-1                 (8)  is a [(D) is sexually, physically, or
 3-2     psychologically abused; or]
 3-3                       [(E)  engages in conduct described by Section
 3-4     51.03(a), Family Code; and]
 3-5                 [(3)  each] student who, in the preceding school year
 3-6     resided or in the current school year [is not disabled and who]
 3-7     resides, in a residential placement facility [in a district in
 3-8     which the student's parent or legal guardian does not reside],
 3-9     including a detention facility, substance abuse treatment facility,
3-10     emergency shelter, psychiatric hospital, halfway house, or foster
3-11     family group home;
3-12                 (9)  was, in the preceding school year, or is, in the
3-13     current school year, removed to an alternative education program
3-14     under Section 37.006 or expelled under Section 37.007;
3-15                 (10)  is currently released on parole or under
3-16     supervision, placed under community supervision or on probation,
3-17     placed on deferred adjudication, or released under another type of
3-18     conditional release;
3-19                 (11)  has been reported in the Public Education
3-20     Information Management System (PEIMS) as being a dropout or as
3-21     having failed during the preceding school year or failing during
3-22     the current school year to attend a class for at least 90 percent
3-23     of the days the class is offered without an exemption under Section
3-24     25.086 or an excuse accepted under Section 25.087;
3-25                 (12)  is in the custody or care of the Department of
3-26     Protective and Regulatory Services or, during the current school
3-27     year, is referred to that department by a school or law enforcement
 4-1     official or a juvenile court officer; or
 4-2                 (13)  is homeless, as defined by 42 U.S.C. Section
 4-3     11302 and its subsequent amendments.
 4-4           (g)  A student eligible for a special education program under
 4-5     Section 29.003 is entitled to receive services and participate in a
 4-6     program under this section as determined by the committee
 4-7     established under Section 29.005.
 4-8           (h)  In addition to the criteria provided under this section,
 4-9     the board of trustees of a school district  may adopt criteria for
4-10     identifying students eligible for programs or services under this
4-11     section.  Not more than 10 percent of the number of students
4-12     identified during the preceding school year under Subsection (d) as
4-13     students at risk of dropping out of school may be identified as
4-14     eligible for programs or services under this section using the
4-15     criteria adopted under this subsection.  A student identified using
4-16     the criteria adopted under this subsection is not considered to be
4-17     educationally disadvantaged or a student at risk of dropping out of
4-18     school for purposes of Section 39.051(b), 39.053(d), 39.182(a), or
4-19     42.152(a).
4-20           SECTION 2.  Section 39.051(b), Education Code, is amended to
4-21     read as follows:
4-22           (b)  Performance on the indicators adopted under this section
4-23     shall be compared to state-established standards.  The degree of
4-24     change from one school year to the next in performance on each
4-25     indicator adopted under this section shall also be considered.  The
4-26     indicators must be based on information that is disaggregated with
4-27     respect to race, ethnicity, sex, [and] socioeconomic status, and
 5-1     identification as a student at risk of dropping out of school as
 5-2     determined under Section 29.081(d) and must include:
 5-3                 (1)  the results of assessment instruments required
 5-4     under Sections 39.023(a) and (c), aggregated by grade level and
 5-5     subject area;
 5-6                 (2)  dropout rates;
 5-7                 (3)  student attendance rates;
 5-8                 (4)  the percentage of graduating students who attain
 5-9     scores on the secondary exit-level assessment instruments required
5-10     under Subchapter B that are equivalent to a passing score on the
5-11     test instrument required under Section 51.306;
5-12                 (5)  the percentage of graduating students who meet the
5-13     course requirements established for the recommended high school
5-14     program by State Board of Education rule;
5-15                 (6)  the results of the Scholastic Assessment Test
5-16     (SAT) and the American College Test;
5-17                 (7)  the percentage of students taking end-of-course
5-18     assessment instruments adopted under Section 39.023(d);
5-19                 (8)  the percentage of students exempted, by exemption
5-20     category, from the assessment program generally applicable under
5-21     this subchapter; and
5-22                 (9)  any other indicator the State Board of Education
5-23     adopts.
5-24           SECTION 3.  Section 39.053(d), Education Code, is amended to
5-25     read as follows:
5-26           (d)  The report may include the following information:
5-27                 (1)  student information, including total enrollment,
 6-1     enrollment by ethnicity or socioeconomic[, economic] status, the
 6-2     number of students identified as students at risk of dropping out
 6-3     of school as determined under Section 29.081(d), and grade
 6-4     groupings and retention rates;
 6-5                 (2)  financial information, including revenues and
 6-6     expenditures;
 6-7                 (3)  staff information, including number and type of
 6-8     staff by sex, ethnicity, years of experience, and highest degree
 6-9     held, teacher and administrator salaries, and teacher turnover;
6-10                 (4)  program information, including student enrollment
6-11     by program, teachers by program, and instructional operating
6-12     expenditures by program; and
6-13                 (5)  the number of students placed in an alternative
6-14     education program under Chapter 37.
6-15           SECTION 4.  Section 39.182(a), Education Code, is amended to
6-16     read as follows:
6-17           (a)  The agency shall prepare and deliver to the governor,
6-18     the lieutenant governor, the speaker of the house of
6-19     representatives, each member of the legislature, the Legislative
6-20     Budget Board, and the clerks of the standing committees of the
6-21     senate and house of representatives with primary jurisdiction over
6-22     the public school system a comprehensive report covering the
6-23     preceding two school years and containing:
6-24                 (1)  an evaluation of the achievements of the state
6-25     educational program in relation to the statutory goals for the
6-26     public education system under Section 4.002;
6-27                 (2)  an evaluation of the status of education in the
 7-1     state as reflected by the academic excellence indicators adopted
 7-2     under Section 39.051;
 7-3                 (3)  a summary compilation of overall student
 7-4     performance on academic skills assessment instruments required by
 7-5     Section 39.023, aggregated by grade level, subject area, campus,
 7-6     and district, with appropriate interpretations and analysis and
 7-7     disaggregated by race, ethnicity, sex, [and] socioeconomic status,
 7-8     and identification as a student at risk of dropping out of school
 7-9     as determined under Section 29.081(d);
7-10                 (4)  an evaluation of the correlation between student
7-11     grades and student performance on academic skills assessment
7-12     instruments required by Section 39.023;
7-13                 (5)  a statement of the dropout rate of students in
7-14     grade levels 7 through 12, expressed in the aggregate and by grade
7-15     level;
7-16                 (6)  a statement of the projected cross-sectional and
7-17     longitudinal dropout rates for grade levels 7 through 12 for the
7-18     next five years, assuming no state action is taken to reduce the
7-19     dropout rate;
7-20                 (7)  a description of a systematic plan for reducing
7-21     the projected cross-sectional and longitudinal dropout rates to
7-22     five percent or less for the 1997-1998 school year;
7-23                 (8)  a summary of the information required by Section
7-24     29.083 regarding grade level retention of students;
7-25                 (9)  a list of each school district or campus that does
7-26     not satisfy performance standards, with an explanation of the
7-27     actions taken by the commissioner to improve student performance in
 8-1     the district or campus and an evaluation of the results of those
 8-2     actions;
 8-3                 (10)  an evaluation of the status of the curriculum
 8-4     taught in public schools, with recommendations for legislative
 8-5     changes necessary to improve or modify the curriculum required by
 8-6     Section 28.002;
 8-7                 (11)  a description of all funds received by and each
 8-8     activity and expenditure of the agency;
 8-9                 (12)  a summary and analysis of the compliance of
8-10     school districts with administrative cost ratios set by the
8-11     commissioner under Section 42.201, including any improvements and
8-12     cost savings achieved by school districts;
8-13                 (13)  a summary of the effect of deregulation,
8-14     including exemptions and waivers granted under Section 7.056 or
8-15     39.112;
8-16                 (14)  a statement of the total number and length of
8-17     reports that school districts and school district employees must
8-18     submit to the agency, identifying which reports are required by
8-19     federal statute or rule, state statute, or agency rule, and a
8-20     summary of the agency's efforts to reduce overall reporting
8-21     requirements; and
8-22                 (15)  any additional information considered important
8-23     by the commissioner or the State Board of Education.
8-24           SECTION 5.  Section 42.152(b), Education Code, is amended to
8-25     read as follows:
8-26           (b)  For purposes of this section, the number of
8-27     educationally disadvantaged students is determined by averaging the
 9-1     best six months' enrollment in the national school lunch program of
 9-2     free or reduced-price lunches for the preceding school year, except
 9-3     that in a district that does not participate in the program or in
 9-4     which one or more schools do not participate in the program, the
 9-5     district may, in the manner established by commissioner rule,
 9-6     determine the number of educationally disadvantaged students based
 9-7     on the number of district students eligible for participation in
 9-8     the program.
 9-9           SECTION 6.  Section 42.152(c), Education Code, is amended to
9-10     read as follows:
9-11           (c)  Funds allocated under this section may be used only to
9-12     fund supplemental programs and services designed to eliminate
9-13     disparity between students at risk of dropping out of school, as
9-14     defined by Section 29.081(d), and all other district students in
9-15     performance on assessment instruments administered under Subchapter
9-16     B, Chapter 39, or in the rates of high school completion or receipt
9-17     of a high school equivalency certificate.  Specifically, the funds,
9-18     other than an indirect cost allotment established under State Board
9-19     of Education rule, which may not exceed 15 percent, may be used
9-20     only to provide [in providing] compensatory education and
9-21     accelerated instruction programs under Section 29.081, operate
9-22     alternative education programs under Section 37.008, or support
9-23     programs eligible for funding under Title I of the Elementary and
9-24     Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.)
9-25     and its subsequent amendments and may only be spent to improve and
9-26     enhance programs and services funded under the regular education
9-27     program.  A district's compensatory education allotment may be used
 10-1    for costs supplementary to the regular program, such as costs for
 10-2    program and student evaluation, instructional materials and
 10-3    equipment and other supplies required for quality instruction,
 10-4    supplemental staff expenses, salary for teachers of at-risk
 10-5    students, smaller class size, and individualized instruction.  A
 10-6    home-rule school district or an open-enrollment charter school must
 10-7    use funds allocated under Subsection (a) to provide compensatory
 10-8    education services but is not otherwise subject to Subchapter C,
 10-9    Chapter 29.
10-10          SECTION 7.  (a)  Except as provided by Subsection (b) of this
10-11    section, this Act applies beginning with the 1999-2000 school year.
10-12          (b)  Section 39.051(b), Education Code, as amended by this
10-13    Act, applies beginning with the 2000-2001 school year.
10-14          SECTION 8.  The importance of this legislation and the
10-15    crowded condition of the calendars in both houses create an
10-16    emergency and an imperative public necessity that the
10-17    constitutional rule requiring bills to be read on three several
10-18    days in each house be suspended, and this rule is hereby suspended,
10-19    and that this Act take effect and be in force from and after its
10-20    passage, and it is so enacted.