1-1 By: Oliveira (Senate Sponsor - West) H.B. No. 3653
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on
1-4 Education; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to compensatory education and accelerated instruction in
1-9 public schools.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 29.081, Education Code, is amended by
1-12 amending Subsections (c) and (d) and adding Subsections (g) and (h)
1-13 to read as follows:
1-14 (c) Each school district shall evaluate and document the
1-15 effectiveness of the accelerated instruction in reducing any
1-16 disparity between students at risk of dropping out of school and
1-17 all other district students in:
1-18 (1) performance on assessment instruments administered
1-19 under Subchapter B, Chapter 39; and
1-20 (2) the rates of high school completion or receipt of
1-21 a high school equivalency certificate [the dropout rate and in
1-22 increasing achievement in the categories of students listed under
1-23 Subsection (d)].
1-24 (d) For purposes of this section, "student at risk of
1-25 dropping out of school" includes[:]
1-26 [(1)] each student [in grade levels 7 through 12] who
1-27 is under 21 years of age, is not eligible for a district's special
1-28 education program under Section 29.003, and [who]:
1-29 (1) [(A)] was not advanced from one grade level to the
1-30 next for two or more school years;
1-31 (2) [(B)] has mathematics or reading skills that are
1-32 two or more years below grade level;
1-33 (3) [(C)] did not maintain an average equivalent to 70
1-34 on a scale of 100 in two or more courses in the foundation
1-35 curriculum as prescribed under Section 28.002 during a semester in
1-36 the preceding school year[,] or does [is] not maintain
1-37 [maintaining] such an average in two or more courses in the
1-38 foundation curriculum during a semester in the current school year
1-39 [semester, and is not expected to graduate within four years of the
1-40 date the student begins ninth grade];
1-41 (4) [(D)] did not perform satisfactorily on an
1-42 assessment instrument administered to the student under Section
1-43 39.023(a), (b), or (c) during a school year and, during the two
1-44 following school years, did not achieve a score equal to at least
1-45 105 percent of the score considered to be satisfactory performance
1-46 on one of those assessment instruments [under Subchapter B, Chapter
1-47 39];
1-48 (5) [or (E)] is pregnant or is a parent;
1-49 (6) is a [(2) each] student in prekindergarten,
1-50 kindergarten, or [through] grade one, two, or three [6] who[:]
1-51 [(A)] did not perform satisfactorily on a
1-52 readiness test or assessment instrument administered during [at the
1-53 beginning of] the school year;
1-54 (7) [(B) did not perform satisfactorily on an
1-55 assessment instrument administered under Subchapter B, Chapter 39;]
1-56 [(C)] is a student of limited English
1-57 proficiency, as defined by Section 29.052;
1-58 (8) is a [(D) is sexually, physically, or
1-59 psychologically abused; or]
1-60 [(E) engages in conduct described by Section
1-61 51.03(a), Family Code; and]
1-62 [(3) each] student who, in the preceding school year
1-63 resided or in the current school year [is not disabled and who]
1-64 resides, in a residential placement facility [in a district in
2-1 which the student's parent or legal guardian does not reside],
2-2 including a detention facility, substance abuse treatment facility,
2-3 emergency shelter, psychiatric hospital, halfway house, or foster
2-4 family group home;
2-5 (9) was, in the preceding school year, or is, in the
2-6 current school year, removed to an alternative education program
2-7 under Section 37.006 or expelled under Section 37.007;
2-8 (10) is currently released on parole or under
2-9 supervision, placed under community supervision or on probation,
2-10 placed on deferred adjudication, or released under another type of
2-11 conditional release;
2-12 (11) has been reported in the Public Education
2-13 Information Management System (PEIMS) as being a dropout or as
2-14 having failed during the preceding school year or failing during
2-15 the current school year to attend a class for at least 90 percent
2-16 of the days the class is offered without an exemption under Section
2-17 25.086 or an excuse accepted under Section 25.087;
2-18 (12) is in the custody or care of the Department of
2-19 Protective and Regulatory Services or, during the current school
2-20 year, is referred to that department by a school or law enforcement
2-21 official or a juvenile court officer; or
2-22 (13) is homeless, as defined by 42 U.S.C. Section
2-23 11302 and its subsequent amendments.
2-24 (g) A student eligible for a special education program under
2-25 Section 29.003 is entitled to receive services and participate in a
2-26 program under this section as determined by the committee
2-27 established under Section 29.005.
2-28 (h) In addition to the criteria provided under this section,
2-29 the board of trustees of a school district may adopt criteria for
2-30 identifying students eligible for programs or services under this
2-31 section. Not more than 10 percent of the number of students
2-32 identified during the preceding school year under Subsection (d) as
2-33 students at risk of dropping out of school may be identified as
2-34 eligible for programs or services under this section using the
2-35 criteria adopted under this subsection. A student identified using
2-36 the criteria adopted under this subsection is not considered to be
2-37 educationally disadvantaged or a student at risk of dropping out of
2-38 school for purposes of Section 39.051(b), 39.053(d), 39.182(a), or
2-39 42.152(a).
2-40 SECTION 2. Section 39.051(b), Education Code, is amended to
2-41 read as follows:
2-42 (b) Performance on the indicators adopted under this section
2-43 shall be compared to state-established standards. The degree of
2-44 change from one school year to the next in performance on each
2-45 indicator adopted under this section shall also be considered. The
2-46 indicators must be based on information that is disaggregated with
2-47 respect to race, ethnicity, sex, [and] socioeconomic status, and
2-48 identification as a student at risk of dropping out of school as
2-49 determined under Section 29.081(d) and must include:
2-50 (1) the results of assessment instruments required
2-51 under Sections 39.023(a) and (c), aggregated by grade level and
2-52 subject area;
2-53 (2) dropout rates;
2-54 (3) student attendance rates;
2-55 (4) the percentage of graduating students who attain
2-56 scores on the secondary exit-level assessment instruments required
2-57 under Subchapter B that are equivalent to a passing score on the
2-58 test instrument required under Section 51.306;
2-59 (5) the percentage of graduating students who meet the
2-60 course requirements established for the recommended high school
2-61 program by State Board of Education rule;
2-62 (6) the results of the Scholastic Assessment Test
2-63 (SAT) and the American College Test;
2-64 (7) the percentage of students taking end-of-course
2-65 assessment instruments adopted under Section 39.023(d);
2-66 (8) the percentage of students exempted, by exemption
2-67 category, from the assessment program generally applicable under
2-68 this subchapter; and
2-69 (9) any other indicator the State Board of Education
3-1 adopts.
3-2 SECTION 3. Section 39.053(d), Education Code, is amended to
3-3 read as follows:
3-4 (d) The report may include the following information:
3-5 (1) student information, including total enrollment,
3-6 enrollment by ethnicity or socioeconomic[, economic] status, the
3-7 number of students identified as students at risk of dropping out
3-8 of school as determined under Section 29.081(d), and grade
3-9 groupings and retention rates;
3-10 (2) financial information, including revenues and
3-11 expenditures;
3-12 (3) staff information, including number and type of
3-13 staff by sex, ethnicity, years of experience, and highest degree
3-14 held, teacher and administrator salaries, and teacher turnover;
3-15 (4) program information, including student enrollment
3-16 by program, teachers by program, and instructional operating
3-17 expenditures by program; and
3-18 (5) the number of students placed in an alternative
3-19 education program under Chapter 37.
3-20 SECTION 4. Section 39.182(a), Education Code, is amended to
3-21 read as follows:
3-22 (a) The agency shall prepare and deliver to the governor,
3-23 the lieutenant governor, the speaker of the house of
3-24 representatives, each member of the legislature, the Legislative
3-25 Budget Board, and the clerks of the standing committees of the
3-26 senate and house of representatives with primary jurisdiction over
3-27 the public school system a comprehensive report covering the
3-28 preceding two school years and containing:
3-29 (1) an evaluation of the achievements of the state
3-30 educational program in relation to the statutory goals for the
3-31 public education system under Section 4.002;
3-32 (2) an evaluation of the status of education in the
3-33 state as reflected by the academic excellence indicators adopted
3-34 under Section 39.051;
3-35 (3) a summary compilation of overall student
3-36 performance on academic skills assessment instruments required by
3-37 Section 39.023, aggregated by grade level, subject area, campus,
3-38 and district, with appropriate interpretations and analysis and
3-39 disaggregated by race, ethnicity, sex, [and] socioeconomic status,
3-40 and identification as a student at risk of dropping out of school
3-41 as determined under Section 29.081(d);
3-42 (4) an evaluation of the correlation between student
3-43 grades and student performance on academic skills assessment
3-44 instruments required by Section 39.023;
3-45 (5) a statement of the dropout rate of students in
3-46 grade levels 7 through 12, expressed in the aggregate and by grade
3-47 level;
3-48 (6) a statement of the projected cross-sectional and
3-49 longitudinal dropout rates for grade levels 7 through 12 for the
3-50 next five years, assuming no state action is taken to reduce the
3-51 dropout rate;
3-52 (7) a description of a systematic plan for reducing
3-53 the projected cross-sectional and longitudinal dropout rates to
3-54 five percent or less for the 1997-1998 school year;
3-55 (8) a summary of the information required by Section
3-56 29.083 regarding grade level retention of students;
3-57 (9) a list of each school district or campus that does
3-58 not satisfy performance standards, with an explanation of the
3-59 actions taken by the commissioner to improve student performance in
3-60 the district or campus and an evaluation of the results of those
3-61 actions;
3-62 (10) an evaluation of the status of the curriculum
3-63 taught in public schools, with recommendations for legislative
3-64 changes necessary to improve or modify the curriculum required by
3-65 Section 28.002;
3-66 (11) a description of all funds received by and each
3-67 activity and expenditure of the agency;
3-68 (12) a summary and analysis of the compliance of
3-69 school districts with administrative cost ratios set by the
4-1 commissioner under Section 42.201, including any improvements and
4-2 cost savings achieved by school districts;
4-3 (13) a summary of the effect of deregulation,
4-4 including exemptions and waivers granted under Section 7.056 or
4-5 39.112;
4-6 (14) a statement of the total number and length of
4-7 reports that school districts and school district employees must
4-8 submit to the agency, identifying which reports are required by
4-9 federal statute or rule, state statute, or agency rule, and a
4-10 summary of the agency's efforts to reduce overall reporting
4-11 requirements; and
4-12 (15) any additional information considered important
4-13 by the commissioner or the State Board of Education.
4-14 SECTION 5. Section 42.152(b), Education Code, is amended to
4-15 read as follows:
4-16 (b) For purposes of this section, the number of
4-17 educationally disadvantaged students is determined by averaging the
4-18 best six months' enrollment in the national school lunch program of
4-19 free or reduced-price lunches for the preceding school year, except
4-20 that in a district that does not participate in the program or in
4-21 which one or more schools do not participate in the program, the
4-22 district may, in the manner established by commissioner rule,
4-23 determine the number of educationally disadvantaged students based
4-24 on the number of district students eligible for participation in
4-25 the program.
4-26 SECTION 6. Section 42.152(c), Education Code, is amended to
4-27 read as follows:
4-28 (c) Funds allocated under this section may be used only to
4-29 fund supplemental programs and services designed to eliminate
4-30 disparity between students at risk of dropping out of school, as
4-31 defined by Section 29.081(d), and all other district students in
4-32 performance on assessment instruments administered under Subchapter
4-33 B, Chapter 39, or in the rates of high school completion or receipt
4-34 of a high school equivalency certificate. Specifically, the funds,
4-35 other than an indirect cost allotment established under State Board
4-36 of Education rule, which may not exceed 15 percent, may be used
4-37 only to provide [in providing] compensatory education and
4-38 accelerated instruction programs under Section 29.081, operate
4-39 alternative education programs under Section 37.008, or support
4-40 programs eligible for funding under Title I of the Elementary and
4-41 Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.)
4-42 and its subsequent amendments and may only be spent to improve and
4-43 enhance programs and services funded under the regular education
4-44 program. A district's compensatory education allotment may be used
4-45 for costs supplementary to the regular program, such as costs for
4-46 program and student evaluation, instructional materials and
4-47 equipment and other supplies required for quality instruction,
4-48 supplemental staff expenses, salary for teachers of at-risk
4-49 students, smaller class size, and individualized instruction. A
4-50 home-rule school district or an open-enrollment charter school must
4-51 use funds allocated under Subsection (a) to provide compensatory
4-52 education services but is not otherwise subject to Subchapter C,
4-53 Chapter 29.
4-54 SECTION 7. (a) Except as provided by Subsection (b) of this
4-55 section, this Act applies beginning with the 1999-2000 school year.
4-56 (b) Section 39.051(b), Education Code, as amended by this
4-57 Act, applies beginning with the 2000-2001 school year.
4-58 SECTION 8. The importance of this legislation and the
4-59 crowded condition of the calendars in both houses create an
4-60 emergency and an imperative public necessity that the
4-61 constitutional rule requiring bills to be read on three several
4-62 days in each house be suspended, and this rule is hereby suspended,
4-63 and that this Act take effect and be in force from and after its
4-64 passage, and it is so enacted.
4-65 * * * * *