By Oliveira H.B. No. 3653
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensatory and accelerated education in public
1-3 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 Subsection (d) and adding Subsections (g) and (h) to read
1-7 as follows:
1-8 (d) For purposes of this section, "student at risk of
1-9 dropping out of school" includes [:(1)] each student [in grade
1-10 levels 7 through 12] who is under 21 years of age, is not eligible
1-11 for special education services under Subchapter A of Chapter 29,
1-12 and who:
1-13 (1) [(A)] was not advanced from one grade level to the
1-14 next for two or more school years;
1-15 (2) [(B)] has mathematics or reading skills that are
1-16 two or more years below grade level;
1-17 (3) [(C)] did not maintain an average equivalent to 70
1-18 on a scale of 100 in two or more courses during a semester in the
1-19 previous or current school year, or is not maintaining such an
1-20 average in two or more courses in the current semester [, and is
1-21 not expected to graduate within four years of the date the student
2-1 begins ninth grade];
2-2 (4) [(D)] did not achieve a score of at least 110% of
2-3 the passing standard, as determined by the commissioner, [perform
2-4 satisfactorily] on the student's administration for the current or
2-5 prior year of an assessment instrument administered under Section
2-6 39.023(a), (b), or (c) [Subchapter B, Chapter 39; or];
2-7 (5) [(E)] is pregnant or is a parent;
2-8 (6) has, in the current or previous school year, been
2-9 removed to an alternative education program pursuant to Section
2-10 37.006;
2-11 (7) has, within the current or previous school year,
2-12 been expelled pursuant to Section 37.007;
2-13 (8) is currently on parole, probation, deferred
2-14 adjudication or other conditional release;
2-15 (9) was previously reported in PEIMS under Section
2-16 42.006 as dropping out of school or failed during the current or
2-17 prior school year to attend school for 90% of the days the class is
2-18 offered without valid exemption or excuse under Sections 25.086 and
2-19 25.087;
2-20 (10) is a [(2) each] student in prekindergarten
2-21 through grade 6 who [(A)] did not perform satisfactorily on a
2-22 readiness test or assessment instrument administered at the
2-23 beginning of the current school year;
2-24 [(B) did not perform satisfactorily on an
2-25 assessment instrument administered under Subchapter B, Chapter 39;]
3-1 [(C)] (11) is a student of limited English
3-2 proficiency, as defined by Section 29.052;
3-3 [(D) is sexually, physically, or psychologically
3-4 abused; or]
3-5 (12) is in the custody or care of the Department of
3-6 Protective and Regulatory Services, or has during the current
3-7 school year been referred to the Department by school officials,
3-8 officers of the juvenile court, or law enforcement officials;
3-9 [(E) engages in conduct described by Section
3-10 51.03(a), Family Code;]
3-11 (13) is homeless as defined by 42 U.S.C. Section
3-12 11302; and
3-13 (14) [(3)] each student who, in the current or
3-14 previous school year, [is not disabled and who] resides in a
3-15 residential placement facility in a district [in which the
3-16 student's parent or legal guardian does not reside,] including a
3-17 detention facility, substance abuse treatment facility, emergency
3-18 shelter, psychiatric hospital, halfway house, or foster family
3-19 group home.
3-20 (g) Students eligible for special education services under
3-21 Subchapter A, Chapter 29 may participate in programs under this
3-22 section as determined by their admission, review and dismissal
3-23 committee.
3-24 (h) A school district may identify additional students as
3-25 eligible for services under this section using local criteria
4-1 adopted by the board of trustees, not to exceed ten per cent of the
4-2 previous year's total at-risk population. Students identified
4-3 under this subsection are not included in the student group of
4-4 economically disadvantaged or at risk for purposes of Chapter 39 or
4-5 Section 42.152(r).
4-6 SECTION 2. Section 39.051(b), Education Code, is amended to
4-7 read as follows:
4-8 (b) Performance on the indicators adopted under this section
4-9 shall be compared to state-established standards. The degree of
4-10 change from one school year to the next in performance on each
4-11 indicator adopted under this section shall also be considered. The
4-12 indicators must be based on information that is disaggregated with
4-13 respect to race, ethnicity, sex, and socioeconomic or at risk
4-14 status and must include:
4-15 (1) the results of assessment instruments required
4-16 under Sections 39.023(a) and (c), aggregated by grade level and
4-17 subject area;
4-18 (2) dropout rates;
4-19 (3) student attendance rates;
4-20 (4) the percentage of graduating students who attain
4-21 scores on the secondary exit-level assessment instruments required
4-22 under Subchapter B that are equivalent to a passing score on the
4-23 test instrument required under Section 51.306;
4-24 (5) the percentage of graduating students who meet the
4-25 course requirements established for the recommended high school
5-1 program by State Board of Education rule;
5-2 (6) the results of the Scholastic Assessment Test
5-3 (SAT) and the American College Test;
5-4 (7) the percentage of students taking end-of-course
5-5 assessment instruments adopted under Section 39.023(d);
5-6 (8) the percentage of students exempted, by exemption
5-7 category, from the assessment program generally applicable under
5-8 this subchapter; and
5-9 (9) any other indicator the State Board of Education
5-10 adopts.
5-11 SECTION 3. Section 39.053(d), Education Code, is amended to
5-12 read as follows:
5-13 (d) The report may include the following information
5-14 (1) student information, including total enrollment,
5-15 enrollment by ethnicity, economic or at risk status, and grade
5-16 groupings and retention rates;
5-17 (2) financial information, including revenues and
5-18 expenditures;
5-19 (3) staff information, including number and type of
5-20 staff by sex, ethnicity, years of experience, and highest degree
5-21 held, teacher and administrator salaries, and teacher turnover;
5-22 (4) program information, including student enrollment
5-23 by program, teachers by program, and instructional operating
5-24 expenditures by program; and
5-25 (5) the number of students placed in an alternative
6-1 education program under Chapter 37.
6-2 SECTION 4. Section 39.182(a), Education Code, is amended to
6-3 read as follows:
6-4 (a) The agency shall prepare and deliver to the governor,
6-5 the lieutenant governor, the speaker of the house of
6-6 representatives, each member of the legislature, the Legislative
6-7 Budget Board, and the clerks of the standing committees of the
6-8 senate and house of representatives with primary jurisdiction over
6-9 the public school system a comprehensive report covering the
6-10 preceding two school years containing:
6-11 (1) an evaluation of the achievements of the state
6-12 educational program in relation to the statutory goals for the
6-13 public education system under Section 4.002;
6-14 (2) an evaluation of the status of education in the
6-15 state as reflected by the academic excellence indicators adopted
6-16 under Section 39.051;
6-17 (3) a summary compilation of overall student
6-18 performance on academic skills assessment instruments required by
6-19 Section 39.023, aggregated by grade level, subject area, campus,
6-20 and district, with appropriate interpretations and analysis and
6-21 disaggregated by race, ethnicity, sex, and socioeconomic or at-risk
6-22 status;
6-23 (4) an evaluation of the correlation between student
6-24 grades and student performance on academic skills assessment
6-25 instruments required by Section 39.023;
7-1 (5) a statement of the dropout rate of students in
7-2 grade levels 7 through 12, expressed in the aggregate and by grade
7-3 level;
7-4 (6) a statement of the projected cross-sectional and
7-5 longitudinal dropout rates for grade levels 7 through 12 for the
7-6 next five years, assuming no state action is taken to reduce the
7-7 dropout rate;
7-8 (7) a description of a systematic plan for reducing
7-9 the projected cross-sectional and longitudinal dropout rates to
7-10 five percent or less for the 1997-1998 school year;
7-11 (8) a summary of the information required by Section
7-12 29.083 regarding grade level retention of students;
7-13 (9) a list of each school district or campus that does
7-14 not satisfy performance standards, with an explanation of the
7-15 actions taken by the commissioner to improve student performance in
7-16 the district or campus and an evaluation of the results of those
7-17 actions;
7-18 (10) an evaluation of the status of the curriculum
7-19 taught in public schools, with recommendations for legislative
7-20 changes necessary to improve or modify the curriculum required by
7-21 Section 28.002;
7-22 (11) a description of all funds received by and each
7-23 activity and expenditure of the agency;
7-24 (12) a summary and analysis of the compliance of
7-25 school districts with administrative cost ratios set by the
8-1 commissioner under Section 42.201, including any improvements and
8-2 cost savings achieved by school districts;
8-3 (13) a summary of the effect of deregulation,
8-4 including exemptions and waivers granted under Section 7.056 or
8-5 39.112;
8-6 (14) a statement of the total number and length of
8-7 reports that school districts and school district employees must
8-8 submit to the agency, identifying which reports are required by
8-9 federal statute or rule, state statute, or agency rule, and a
8-10 summary of the agency's efforts to reduce overall reporting
8-11 requirements; and
8-12 (15) any additional information considered important
8-13 by the commissioner or the State Board of Education.
8-14 SECTION 5. Section 42.152(c), Education Code, is amended to
8-15 read as follows:
8-16 (c) Funds allocated under this section, other than an
8-17 indirect cost allotment established under State Board of Education
8-18 rule, which may not exceed 15 percent, may be used only in
8-19 providing compensatory education and accelerated instruction
8-20 programs under Section 29.081 or to support programs eligible for
8-21 funding under Title I, Helping Disadvantaged Children Meet High
8-22 Standards, as authorized under P.L. 103-382, as amended and 34 CFR
8-23 200.63, as amended and may only be spent to improve and enhance
8-24 programs and services funded under the regular education program.
8-25 A district's compensatory education allotment may be used for costs
9-1 supplementary to the regular program, such as costs for program and
9-2 student evaluation, instructional materials and equipment and other
9-3 supplies required for quality instruction, supplemental staff
9-4 expenses, salary for teachers of at-risk students, smaller class
9-5 size, [and] individualized instruction, and operation of
9-6 alternative education programs under Section 37.008 of this code.
9-7 A home-rule school district or an open-enrollment charter school
9-8 must use funds allocated under Subsection (a) to provide
9-9 compensatory education services but is not otherwise subject to
9-10 Subchapter C, Chapter 29.
9-11 SECTION 6. SECTION 2 of this Act applies beginning with the
9-12 2000-2001 school year.
9-13 SECTION 7. This act applies beginning with the 1999-2000
9-14 school year.
9-15 SECTION 8. The importance of this legislation and the
9-16 crowded condition of the calendars in both houses create an
9-17 emergency and an imperative public necessity that the
9-18 constitutional. Rule requiring bills to be read on three several
9-19 days in each house be suspended, and this rule is hereby suspended,
9-20 and that this Act take effect and be in force from and after its
9-21 passage, and it is so enacted.