1-1     By:  Harris                                            S.B. No. 293
 1-2           (In the Senate - Filed January 27, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     February 18, 1999, reported favorably by the following vote:  Yeas
 1-5     6, Nays 0; February 18, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the statutory terminology used to describe certain
 1-9     disadvantaged public school students.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subdivision (4), Section 5.001, Education Code,
1-12     is amended to read as follows:
1-13                 (4)  "Economically [Educationally] disadvantaged" means
1-14     eligible to participate in the national free or reduced-price lunch
1-15     program established under 42 U.S.C. Section 1751 et seq.
1-16           SECTION 2.  Subsection (c), Section 11.158, Education Code,
1-17     is amended to read as follows:         
1-18           (c)  Students may be required to furnish personal or
1-19     consumable items, including pencils, paper, pens, erasers,
1-20     notebooks, and school uniforms, except that students who are
1-21     economically [educationally] disadvantaged may be required to
1-22     furnish school uniforms only as provided by Section 11.162.
1-23           SECTION 3.  Subsection (b), Section 11.162, Education Code,
1-24     is amended to read as follows:
1-25           (b)  The rules the board of trustees adopts must designate a
1-26     source of funding that shall be used in providing uniforms for
1-27     students at the school who are economically [educationally]
1-28     disadvantaged.
1-29           SECTION 4.  Subsection (b), Section 29.153, Education Code,
1-30     is amended to read as follows:
1-31           (b)  A child is eligible for enrollment in a prekindergarten
1-32     class if the child is at least three years of age and is:
1-33                 (1)  unable to speak and comprehend the English
1-34     language;
1-35                 (2)  economically [educationally] disadvantaged; or
1-36                 (3)  homeless, as defined by 42 U.S.C. Section 11302,
1-37     regardless of the residence of the child, of either parent of the
1-38     child, or of the child's guardian or other person having lawful
1-39     control of the child.
1-40           SECTION 5.  Subsection (b), Section 33.053, Education Code,
1-41     is amended to read as follows:
1-42           (b)  The board of trustees of a school district or the chief
1-43     administrative officer of a private school may establish a
1-44     reasonable fee to cover the costs of fingerprinting not provided by
1-45     volunteer assistance.  The fee may not exceed $3 for each child
1-46     fingerprinted.  If the school charges a fee, the school may waive
1-47     all or a portion of the costs of fingerprinting for economically
1-48     [educationally] disadvantaged children.
1-49           SECTION 6.  Subsection (d), Section 33.054, Education Code,
1-50     is amended to read as follows:
1-51           (d)  A participating school may charge a fee for making and
1-52     keeping records of photographs under this section.  If the school
1-53     charges a fee, the school may waive this fee for economically
1-54     [educationally] disadvantaged children.
1-55           SECTION 7.  Subsection (h), Section 33.903, Education Code,
1-56     is amended to read as follows:
1-57           (h)  A school district may supplement any funds received
1-58     under this section with funds received through other government
1-59     assistance programs, program tuition, or private donations.  Any
1-60     tuition charge may reflect only the actual cost of care provided to
1-61     the student, and the agency or other appropriate governmental
1-62     agency approved by the commissioner may audit a program to ensure
1-63     compliance with this subsection.  A school district shall use state
1-64     funds awarded under this section to benefit economically
 2-1     [educationally] disadvantaged children before using those funds for
 2-2     the care of other children.
 2-3           SECTION 8.  Subsections (a), (b), and (p), Section 42.152,
 2-4     Education Code, are amended to read as follows:
 2-5           (a)  For each student who is economically [educationally]
 2-6     disadvantaged or who is a student who does not have a disability
 2-7     and resides in a residential placement facility in a district in
 2-8     which the student's parent or legal guardian does not reside, a
 2-9     district is entitled to an annual allotment equal to the adjusted
2-10     basic allotment multiplied by 0.2, and by 2.41 for each full-time
2-11     equivalent student who is in a remedial and support program under
2-12     Section 29.081 because the student is pregnant.
2-13           (b)  For purposes of this section, the number of economically
2-14     [educationally] disadvantaged students is determined by averaging
2-15     the best six months' enrollment in the national school lunch
2-16     program of free or reduced-price lunches for the preceding school
2-17     year.
2-18           (p)  The commissioner shall:
2-19                 (1)  withhold, from the total amount of funds
2-20     appropriated for allotments under this section, an amount
2-21     sufficient to finance extended year programs under Section 29.082
2-22     not to exceed five percent of the amounts allocated under this
2-23     section; and
2-24                 (2)  give priority to applications for extended year
2-25     programs to districts with high concentrations of economically
2-26     [educationally] disadvantaged students.
2-27           SECTION 9.  The importance of this legislation and the
2-28     crowded condition of the calendars in both houses create an
2-29     emergency and an imperative public necessity that the
2-30     constitutional rule requiring bills to be read on three several
2-31     days in each house be suspended, and this rule is hereby suspended,
2-32     and that this Act take effect and be in force from and after its
2-33     passage, and it is so enacted.
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