By:  West, et al.                                     S.B. No. 1455
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to compensatory, intensive, and accelerated education in
 1-2     public schools.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Section 7.111, Education Code, is
 1-5     amended to read as follows:
 1-6           (a)  The board shall provide for the administration of high
 1-7     school equivalency examinations.  A person who does not have a high
 1-8     school diploma may take the examination in accordance with rules
 1-9     adopted by the board if the person is:
1-10                 (1)  over 17 years of age; or
1-11                 (2)[:  (1)  is]  16 years of age or older[;] and:
1-12                       (A) [(2)]  a public agency providing supervision
1-13     of the person or having custody of the person under a court order
1-14     recommends that the person take the examination; or
1-15                       (B)  the person has completed a high school
1-16     equivalency examination preparation program under Section 29.086.
1-17           SECTION 2.  Subsection (a), Section 25.086, Education Code,
1-18     is amended to read as follows:
1-19           (a)  A child is exempt from the requirements of compulsory
1-20     school attendance if the child:
1-21                 (1)  attends a private or parochial school that
1-22     includes in its course a study of good citizenship;
1-23                 (2)  is eligible to participate in a school district's
1-24     special education program under Section 29.003 and cannot be
 2-1     appropriately served by the resident district;
 2-2                 (3)  has a physical or mental condition of a temporary
 2-3     and remediable nature that makes the child's attendance infeasible
 2-4     and holds a certificate from a qualified physician specifying the
 2-5     temporary condition, indicating the treatment prescribed to remedy
 2-6     the temporary condition, and covering the anticipated period of the
 2-7     child's absence from school for the purpose of receiving and
 2-8     recuperating from that remedial treatment;
 2-9                 (4)  is expelled in accordance with the requirements of
2-10     law in a school district that does not participate in a mandatory
2-11     juvenile justice alternative education program under Section
2-12     37.011;
2-13                 (5)  is at least 17 years of age and:
2-14                       (A)  is attending a course of instruction to
2-15     prepare for the high school equivalency examination, and:
2-16                             (i)  has the permission of the child's
2-17     parent or guardian to attend the course;
2-18                             (ii)  is required by court order to attend
2-19     the course;
2-20                             (iii)  has established a residence separate
2-21     and apart from the child's parent, guardian, or other person having
2-22     lawful control of the child; or
2-23                             (iv)  is homeless as defined by 42 U.S.C.
2-24     Section 11302; or
2-25                       (B)  has received a high school diploma or high
2-26     school equivalency certificate;
 3-1                 (6)  is at least 16 years of age and:
 3-2                       (A)  is attending a course of instruction to
 3-3     prepare for the high school equivalency examination, if the child
 3-4     is recommended to take the course of instruction by a public agency
 3-5     that has supervision or custody of the child under a court order;
 3-6     or
 3-7                       (B)  has earned a high school equivalency
 3-8     certificate after completing a program under Section 29.086;
 3-9                 (7)  is enrolled in the Texas Academy of Mathematics
3-10     and Science;
3-11                 (8)  is enrolled in the Texas Academy of Leadership in
3-12     the Humanities; or
3-13                 (9)  is specifically exempted under another law.
3-14           SECTION 3.  Section 29.081, Education Code, is amended by
3-15     amending the heading and Subsections (a), (c), and (d) and adding
3-16     Subsections (g) and (h) to read as follows:
3-17           Sec. 29.081.  COMPENSATORY, INTENSIVE, AND ACCELERATED
3-18     INSTRUCTION.  (a)  Each school district shall use the student
3-19     performance data resulting from the basic skills assessment
3-20     instruments and achievement tests administered under Subchapter B,
3-21     Chapter 39, to design and implement appropriate compensatory,
3-22     intensive,  or accelerated instructional services for students in
3-23     the district's schools that enable the students to be performing at
3-24     grade level at the conclusion of the next regular school term or,
3-25     if appropriate, to be prepared to obtain a high school equivalency
3-26     certificate.
 4-1           (c)  Each school district shall evaluate and document the
 4-2     effectiveness of the accelerated instruction in reducing any
 4-3     disparity in performance on assessment instruments administered
 4-4     under Subchapter B, Chapter 39, or disparity in the rates of high
 4-5     school completion or receipt of a high school equivalency
 4-6     certificate between students at risk of dropping out of school and
 4-7     all other district students [the dropout rate and in increasing
 4-8     achievement in the categories of students listed under Subsection
 4-9     (d)].
4-10           (d)  For purposes of this section, "student at risk of
4-11     dropping out of school" includes[:]
4-12                 [(1)]  each student, other than a student eligible to
4-13     participate in a district's special education program under Section
4-14     29.003, [in grade levels 7 through 12] who is under 21 years of age
4-15     and who:
4-16                 (1) [(A)]  was not advanced from one grade level to the
4-17     next for one [two] or more school years;
4-18                 (2)  if the student is in grade 7, 8, 9, 10, 11, or 12,
4-19     [(B)  has mathematics or reading skills that are two or more years
4-20     below grade level;]
4-21                       [(C)]  did not maintain an average equivalent to
4-22     70 on a scale of 100 in two or more subjects in the foundation
4-23     curriculum [courses] during a semester in the preceding or current
4-24     school year, or is not maintaining such an average in two or more
4-25     subjects in the foundation curriculum [courses] in the current
4-26     semester[, and is not expected to graduate within four years of the
 5-1     date the student begins ninth grade];
 5-2                 (3) [(D)]  did not perform satisfactorily on an
 5-3     assessment instrument administered to the student under Subchapter
 5-4     B, Chapter 39, and who has not in the previous or current school
 5-5     year subsequently performed on that instrument or another
 5-6     appropriate instrument at a level equal to at least 105 percent of
 5-7     the level of satisfactory performance on that instrument;
 5-8                 (4)  did not perform satisfactorily on a readiness test
 5-9     or assessment instrument administered during the current school
5-10     year, if the student is in prekindergarten, kindergarten, or grade
5-11     1, 2, or 3; [or]
5-12                 (5) [(E)]  is pregnant or is a parent;
5-13                 (6)  has been placed in an alternative education
5-14     program in accordance with Section 37.006 during the preceding or
5-15     current school year;
5-16                 (7)  has been expelled in accordance with Section
5-17     37.007 during the preceding or current school year;
5-18                 (8)  is currently on parole, probation, deferred
5-19     prosecution, or other conditional release;
5-20                 (9)  was previously reported through the Public
5-21     Education Information Management System (PEIMS) to have dropped out
5-22     of school;
5-23                 (10)  failed during the preceding or current school
5-24     year to meet the minimum attendance required under Section 25.092
5-25     for one or more classes, unless the failure is excused under
5-26     Section 25.086 or 25.087;
 6-1                 (11) [(2)  each student in prekindergarten through
 6-2     grade 6 who:]
 6-3                       [(A)  did not perform satisfactorily on a
 6-4     readiness test or assessment instrument administered at the
 6-5     beginning of the school year;]
 6-6                       [(B)  did not perform satisfactorily on an
 6-7     assessment instrument administered under Subchapter B, Chapter 39;]
 6-8                       [(C)]  is a student of limited English
 6-9     proficiency, as defined by Section 29.052;
6-10                 (12)  is in the custody or care of the Department of
6-11     Protective and Regulatory Services or has, during the current
6-12     school year, been referred to the department by a school official,
6-13     officer of the juvenile court, or law enforcement official;
6-14                 (13)  is homeless, as defined by 42 U.S.C. Section
6-15     11302 and its subsequent amendments; or
6-16                 (14)  resided in the preceding school year or [(D)  is
6-17     sexually, physically, or psychologically abused; or]
6-18                       [(E)  engages in conduct described by Section
6-19     51.03(a), Family Code; and]
6-20                 [(3)  each student who is not disabled and who] resides
6-21     in the current school year in a residential placement facility in
6-22     the [a] district [in which the student's parent or legal guardian
6-23     does not reside], including a detention facility, substance abuse
6-24     treatment facility, emergency shelter, psychiatric hospital,
6-25     halfway house, or foster family group home.
6-26           (g)  A student eligible to participate in a district's
 7-1     special education program under Section 29.003 may receive
 7-2     instructional services under this section if receipt of those
 7-3     services is determined to be appropriate by the student's
 7-4     admission, review, and dismissal committee.
 7-5           (h)  In addition to students described by Subsection (d), a
 7-6     student who satisfies local eligibility criteria adopted by the
 7-7     board of trustees of a school district may receive instructional
 7-8     services under this section.  The number of students receiving
 7-9     services under this subsection during a school year may not exceed
7-10     10 percent of the number of students described by Subsection (d)
7-11     who received services from the district during the preceding school
7-12     year.  For purposes of Chapter 39, students receiving services
7-13     under this subsection may not be included in the group of students
7-14     who are identified as being at risk of dropping out of school.
7-15           SECTION 4.  Subchapter C, Chapter 29, Education Code, is
7-16     amended by adding Section 29.086 to read as follows:
7-17           Sec. 29.086.  SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY
7-18     EXAMINATION PROGRAMS.  (a)  The agency shall develop a program for
7-19     school districts to prepare eligible students who are at risk of
7-20     dropping out of school to take a high school equivalency
7-21     examination.
7-22           (b)  A district that participates in the program shall offer
7-23     preparatory classes for the high school equivalency examination to
7-24     each eligible district student.
7-25           (c)  A student is eligible to participate in the program if:
7-26                 (1)  the student is 16 years of age or older at the
 8-1     beginning of the school year or semester;
 8-2                 (2)  the student and the student's parent or guardian
 8-3     agree to the student's participation;
 8-4                 (3)  there is a reasonable expectation that the student
 8-5     will not graduate on schedule and passing a high school equivalency
 8-6     examination would be in the best interest of the student;
 8-7                 (4)  there is a reasonable expectation that on
 8-8     completion of the program the student will be able to perform
 8-9     satisfactorily on the high school equivalency examination; and
8-10                 (5)  any other conditions specified by the agency are
8-11     satisfied.
8-12           (d)  A district shall inform each student who has completed
8-13     the program of the time and place at which the student may take the
8-14     high school equivalency examination.
8-15           (e)  The agency shall adopt rules to ensure that students are
8-16     not encouraged to participate in the program solely as a means to
8-17     divert students with discipline problems or poor academic
8-18     performance into the program as an alternative to regular high
8-19     school graduation.
8-20           (f)  The agency shall request permission from the General
8-21     Educational Development Testing Service to administer the service's
8-22     high school equivalency examination to students enrolled in high
8-23     school who participate in the program.
8-24           (g)  The agency shall include in its comprehensive biennial
8-25     report, required under Section 39.182, the number of students
8-26     enrolled in the program and the number of students in the program
 9-1     who performed satisfactorily on the high school equivalency
 9-2     examination.
 9-3           SECTION 5.  Section 39.051, Education Code, is amended by
 9-4     amending Subsection (b) and adding Subsection (g) to read as
 9-5     follows:
 9-6           (b)  Performance on the indicators adopted under this section
 9-7     shall be compared to state-established standards.  The degree of
 9-8     change from one school year to the next in performance on each
 9-9     indicator adopted under this section shall also be considered.  The
9-10     indicators must be based on information that is disaggregated by
9-11     [with respect to] race, ethnicity, gender [sex], [and]
9-12     socioeconomic, and at-risk status and must include:
9-13                 (1)  the results of assessment instruments required
9-14     under Sections 39.023(a) and (c), aggregated by grade level and
9-15     subject area;
9-16                 (2)  dropout and completion rates;
9-17                 (3)  student attendance rates;
9-18                 (4)  the percentage of graduating students who attain
9-19     scores on the secondary exit-level assessment instruments required
9-20     under Subchapter B that are equivalent to a passing score on the
9-21     test instrument required under Section 51.306;
9-22                 (5)  the percentage of graduating students who meet the
9-23     course requirements established for the recommended high school
9-24     program by State Board of Education rule;
9-25                 (6)  the results of the Scholastic Assessment Test
9-26     (SAT) and the American College Test;
 10-1                (7)  the percentage of students taking end-of-course
 10-2    assessment instruments adopted under Section 39.023(d);
 10-3                (8)  the percentage of students exempted, by exemption
 10-4    category, from the assessment program generally applicable under
 10-5    this subchapter; and
 10-6                (9)  any other indicator the State Board of Education
 10-7    adopts.
 10-8          (g)  The commissioner by rule shall:
 10-9                (1)  adopt accountability measures to be used in
10-10    assessing the performance of students at risk of dropping out of
10-11    school, as defined by Section 29.081;
10-12                (2)  specify the level of student performance on the
10-13    accountability measures that is necessary for a campus or district
10-14    to obtain a performance rating of exemplary, recognized, or
10-15    academically acceptable; and
10-16                (3)  determine appropriate methods of integrating
10-17    student performance on the accountability measures into the
10-18    statewide public school accountability program established under
10-19    this chapter.
10-20          SECTION 6.  Subsection (d), Section 39.053, Education Code,
10-21    is amended to read as follows:
10-22          (d)  The report may include the following information:
10-23                (1)  student information, including total enrollment,
10-24    enrollment by ethnicity, socioeconomic status, and at-risk
10-25    [economic] status under Section 29.081, and grade groupings and
10-26    retention rates;
 11-1                (2)  financial information, including revenues and
 11-2    expenditures;
 11-3                (3)  staff information, including number and type of
 11-4    staff by gender [sex], ethnicity, years of experience, and highest
 11-5    degree held, teacher and administrator salaries, and teacher
 11-6    turnover;
 11-7                (4)  program information, including student enrollment
 11-8    by program, teachers by program, and instructional operating
 11-9    expenditures by program; and
11-10                (5)  the number of students placed in an alternative
11-11    education program under Chapter 37.
11-12          SECTION 7.  The heading to Section 39.182, Education Code, is
11-13    amended to read as follows:
11-14          Sec. 39.182.  COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
11-15          SECTION 8.  Subsections (a) and (b), Section 39.182,
11-16    Education Code, are amended to read as follows:
11-17          (a)  Not later than December 1 of each year, the [The] agency
11-18    shall prepare and deliver to the governor, the lieutenant governor,
11-19    the speaker of the house of representatives, each member of the
11-20    legislature, the Legislative Budget Board, and the clerks of the
11-21    standing committees of the senate and house of representatives with
11-22    primary jurisdiction over the public school system a comprehensive
11-23    report covering the preceding [two] school year [years] and
11-24    containing:
11-25                (1)  an evaluation of the achievements of the state
11-26    educational program in relation to the statutory goals for the
 12-1    public education system under Section 4.002;
 12-2                (2)  an evaluation of the status of education in the
 12-3    state as reflected by the academic excellence indicators adopted
 12-4    under Section 39.051;
 12-5                (3)  a summary compilation of overall student
 12-6    performance on academic skills assessment instruments required by
 12-7    Section 39.023 with the number of students exempted from the
 12-8    administration of those instruments and the basis of the
 12-9    exemptions, aggregated by grade level, subject area, campus, and
12-10    district, and with appropriate interpretations and analysis, and
12-11    disaggregated by race, ethnicity, gender [sex], and socioeconomic
12-12    status;
12-13                (4)  a summary compilation of overall performance of
12-14    students placed in an alternative education program established
12-15    under Section 37.008 on academic skills assessment instruments
12-16    required by Section 39.023 with the number of those students
12-17    exempted from the administration of those instruments and the basis
12-18    of the exemptions, aggregated by grade level and subject area, with
12-19    appropriate interpretations and analysis, and disaggregated by
12-20    race, ethnicity, gender, and socioeconomic status;
12-21                (5)  an evaluation of the correlation between student
12-22    grades and student performance on academic skills assessment
12-23    instruments required by Section 39.023;
12-24                (6) [(5)]  a statement of the dropout rate of students
12-25    in grade levels 7 through 12, expressed in the aggregate and by
12-26    grade level;
 13-1                (7)  a statement of:
 13-2                      (A)  the completion rate of students who enter
 13-3    grade level 9 and graduate not more than four years later;
 13-4                      (B)  the completion rate of students who enter
 13-5    grade level 9 and graduate, including students who require more
 13-6    than four years to graduate;
 13-7                      (C)  the completion rate of students who enter
 13-8    grade level 9 and not more than four years later receive a high
 13-9    school equivalency certificate;
13-10                      (D)  the completion rate of students who enter
13-11    grade level 9 and receive a high school equivalency certificate,
13-12    including students who require more than four years to receive a
13-13    certificate; and
13-14                      (E)  the number and percentage of all students
13-15    who have not been accounted for under Paragraph (A), (B), (C), or
13-16    (D) and are not enrolled in a private school, home school, or
13-17    school in another state;
13-18                (8) [(6)]  a statement of the projected cross-sectional
13-19    and longitudinal dropout rates for grade levels 9 [7] through 12
13-20    for the next five years, assuming no state action is taken to
13-21    reduce the dropout rate;
13-22                (9) [(7)]  a description of a systematic, measurable
13-23    plan for reducing the projected cross-sectional and longitudinal
13-24    dropout rates to five percent or less for the 1997-1998 school
13-25    year;
13-26                (10) [(8)]  a summary of the information required by
 14-1    Section 29.083 regarding grade level retention of students and
 14-2    information concerning:
 14-3                      (A)  the number and percentage of students
 14-4    retained; and
 14-5                      (B)  the performance of retained students on
 14-6    assessment instruments required under Section 39.023(a);
 14-7                (11)  information, aggregated by district type and
 14-8    disaggregated by race, ethnicity, gender, and socioeconomic status,
 14-9    on:
14-10                      (A)  the number of students placed in an
14-11    alternative education program established under Section 37.008;
14-12                      (B)  the average length of a student's placement
14-13    in an alternative education program established under Section
14-14    37.008;
14-15                      (C)  the academic performance of students on
14-16    assessment instruments required under Section 39.023(a) during the
14-17    year preceding and during the year following placement in an
14-18    alternative education program; and
14-19                      (D)  the dropout rates of students who have been
14-20    placed in an alternative education program established under
14-21    Section 37.008;
14-22                (12) [(9)]  a list of each school district or campus
14-23    that does not satisfy performance standards, with an explanation of
14-24    the actions taken by the commissioner to improve student
14-25    performance in the district or campus and an evaluation of the
14-26    results of those actions;
 15-1                (13) [(10)]  an evaluation of the status of the
 15-2    curriculum taught in public schools, with recommendations for
 15-3    legislative changes necessary to improve or modify the curriculum
 15-4    required by Section 28.002;
 15-5                (14) [(11)]  a description of all funds received by and
 15-6    each activity and expenditure of the agency;
 15-7                (15) [(12)]  a summary and analysis of the compliance
 15-8    of school districts with administrative cost ratios set by the
 15-9    commissioner under Section 42.201, including any improvements and
15-10    cost savings achieved by school districts;
15-11                (16) [(13)]  a summary of the effect of deregulation,
15-12    including exemptions and waivers granted under Section 7.056 or
15-13    39.112;
15-14                (17) [(14)]  a statement of the total number and length
15-15    of reports that school districts and school district employees must
15-16    submit to the agency, identifying which reports are required by
15-17    federal statute or rule, state statute, or agency rule, and a
15-18    summary of the agency's efforts to reduce overall reporting
15-19    requirements;
15-20                (18)  a summary of school district compliance with the
15-21    student/teacher ratios and class-size limitations prescribed by
15-22    Sections 25.111 and 25.112, including the number of districts
15-23    granted an exception from Section 25.112;
15-24                (19)  a summary of the exemptions and waivers granted
15-25    to school districts under Section 7.056 or 39.112 and a review of
15-26    the effectiveness of each campus or district following
 16-1    deregulation;
 16-2                (20)  an evaluation of the performance of the system of
 16-3    regional education service centers based on the indicators adopted
 16-4    under Section 8.101 and client satisfaction with services provided
 16-5    under Subchapter B, Chapter 8;
 16-6                (21)  a comparison of the performance of
 16-7    open-enrollment charter schools and school districts on the
 16-8    academic excellence indicators specified in Section 39.051 (b),
 16-9    with a separately aggregated comparison of the performance of
16-10    open-enrollment charter schools granted under Section 12.1011 (a)
16-11    (2) with the performance of school districts; and
16-12                (22) [(15)] any additional information considered
16-13    important by the commissioner or the State Board of Education.
16-14          (b)  In reporting the information required by Subsection
16-15    (a)(3) or (4), the agency may separately aggregate the performance
16-16    data of students enrolled in a special education program under
16-17    Subchapter A, Chapter 29, or a bilingual education or special
16-18    language program under Subchapter B, Chapter 29.
16-19          SECTION 9.  Section 42.152, Education Code, is amended by
16-20    amending Subsections (b), (c), and (r) and adding Subsection (s) to
16-21    read as follows:
16-22          (b)  For purposes of this section, the number of
16-23    educationally disadvantaged students is determined:
16-24                (1)  by averaging the best six months' enrollment in
16-25    the national school lunch program of free or reduced-price lunches
16-26    for the preceding school year; or
 17-1                (2)  in the manner determined by commissioner rule, if
 17-2    the district did not participate in the national school lunch
 17-3    program of free or reduced-price lunches during the preceding
 17-4    school year.
 17-5          (c)  Funds allocated under this section shall be used to fund
 17-6    supplemental programs and services designed to eliminate any
 17-7    disparity in performance on assessment instruments administered
 17-8    under Subchapter B, Chapter 39, or disparity in the rates of high
 17-9    school completion or receipt of a high school equivalency
17-10    certificate between students at risk of dropping out of school,
17-11    as  defined by Section 29.081, and all other students.
17-12    Specifically, the funds, other than an indirect cost allotment
17-13    established under State Board of Education rule, which may not
17-14    exceed 15 percent, may be used only to meet the costs of [in]
17-15    providing a compensatory, intensive, or [education and] accelerated
17-16    instruction program [programs] under Section 29.081 or an
17-17    alternative education program established under Section 37.008 or
17-18    to support a program eligible under Title I of the Elementary and
17-19    Secondary Education Act of 1965, as provided by Pub. L. No. 103-382
17-20    and its subsequent amendments, and by federal regulations
17-21    implementing that Act [and may only be spent to improve and enhance
17-22    programs and services funded under the regular education program].
17-23    In meeting the costs of providing a compensatory, intensive, or
17-24    accelerated instruction program under Section 29.081, a [A]
17-25    district's compensatory education allotment may be used only for
17-26    costs supplementary to the regular education program, such as costs
 18-1    for program and student evaluation, instructional materials and
 18-2    equipment and other supplies required for quality instruction,
 18-3    supplement staff expenses, salary for teachers of at-risk students,
 18-4    smaller class size, and individualized instruction.  A home-rule
 18-5    school district or an open-enrollment charter school must use funds
 18-6    allocated under Subsection (a) for a purpose authorized in this
 18-7    subsection, [to provide compensatory education services] but is not
 18-8    otherwise subject to Subchapter C, Chapter 29.
 18-9          (r)  The commissioner shall grant a one-year exemption from
18-10    the requirements of Subsection (g) to a school district in which
18-11    the group of students identified under Section 29.081 as being at
18-12    risk of dropping out of school performs on the assessment
18-13    instruments specified by Section 39.051 (b)(1) at a level that
18-14    meets or exceeds the level required for a performance rating of
18-15    academically recognized.  Not later than March 1 of each year, the
18-16    commissioner, based on the most recent information available, shall
18-17    determine whether a school district is entitled to an exemption for
18-18    the following school year and notify the district of that
18-19    determination.
18-20          (s)  Subsection (r) applies beginning with the 2001-2002
18-21    school year.  This subsection expires September 1, 2002.
18-22    [Subsection (q) applies beginning with the 1998-1999 school year.
18-23    For the 1997-1998 school year, a school district shall account for
18-24    the expenditure of funds allocated under this chapter for
18-25    compensatory education purposes by program and by campus under
18-26    existing agency reporting and auditing procedures.  The board,
 19-1    state auditor, and comptroller shall develop the reporting and
 19-2    auditing system required by Subsection (q) not later than August 1,
 19-3    1998.  This subsection expires September 1, 1999.]
 19-4          SECTION 10.  (a)  Using funds specifically appropriated for
 19-5    that purpose, the commissioner of education shall form a committee
 19-6    to conduct a study and detailed analysis of:
 19-7                (1)  effective public education compensatory education
 19-8    programs for students receiving services under Section 29.081,
 19-9    Education Code, or Title I of the Elementary and Secondary
19-10    Education Act of 1965 (20 U.S.C. Section 6301 et seq.); and
19-11                (2)  effective higher education developmental programs
19-12    delivered under Section 51.306, Education Code.
19-13          (b)  The committee formed by the commissioner of education
19-14    under Subsection (a) of this section shall organize and administer
19-15    the study required by this section.  The committee must be composed
19-16    of:
19-17                (1)  at least one representative of each of the
19-18    following agencies:
19-19                      (A)  the Legislative Budget Board;
19-20                      (B)  the Texas Education Agency;
19-21                      (C)  the office of the state auditor;
19-22                      (D)  the office of the comptroller of public
19-23    accounts; and
19-24                      (E)  the Texas Higher Education Coordinating
19-25    Board;
19-26                (2)  two representatives of the general public selected
 20-1    by the chair of the Senate Committee on Education;
 20-2                (3)  one representative of the general public selected
 20-3    by the chair of the House Committee on Public Education;
 20-4                (4)  one representative of the general public selected
 20-5    by the chair of the House Committee on Higher Education; and
 20-6                (5)  three educators selected by the commissioner of
 20-7    education, one of whom must be a classroom teacher, and one of whom
 20-8    must be an administrator.
 20-9          (c)  In conducting the study required by this section, the
20-10    committee shall use data collected through the Public Education
20-11    Information Management System (PEIMS), data collected by the Texas
20-12    Higher Education Coordinating Board, and program evaluations
20-13    conducted by the Texas Education Agency and the Texas Higher
20-14    Education Coordinating Board of a variety of effective compensatory
20-15    and developmental programs operated in a wide range of schools and
20-16    institutions of higher education across the state.
20-17          (d)  Using information collected locally, the study shall
20-18    examine compensatory and developmental programs, including cost
20-19    elements of those programs, in a manner that allows comparison
20-20    between similar schools and types of students.
20-21          (e)  Not later that December 1, 2000, the committee shall
20-22    submit to the legislature a report of the results of the study.
20-23          (f)  The committee is abolished and this section expires
20-24    January 1, 2001.
20-25          SECTION 11.  Sections 39.183 and 39.185, Education Code, are
20-26    repealed.
 21-1          SECTION 12.  (a)  Except as otherwise provided by this
 21-2    section, this Act applies beginning with the 1999-2000 school year.
 21-3          (b)  Sections 7.111 and 25.086, Education Code, as amended by
 21-4    this Act, and Section 29.086, Education Code, as added by this Act,
 21-5    apply immediately.
 21-6          (c)  Subsection (g), Section 39.051, Education Code, as added
 21-7    by this Act, and Subsection (d), Section 39.053, Education Code, as
 21-8    amended by this Act, apply beginning with the 2000-2001 school
 21-9    year.
21-10          (d)  Section 39.182, Education Code, as amended by this Act,
21-11    applies beginning with the report required to be prepared not later
21-12    than December 1, 1999, except that:
21-13                (1)  the Texas Education Agency, in computing
21-14    information relating to students at risk of dropping out of school
21-15    for inclusion in the report due December 1, 1999, and the report
21-16    due December 1, 2000, may determine appropriate information based
21-17    on Section 29.081, Education Code, as it existed before amendment
21-18    by this Act; and
21-19                (2)  the Texas Education Agency shall include
21-20    information specified under Paragraph (E), Subdivision (7),
21-21    Subsection (a), Section 39.182, Education Code, as added by this
21-22    Act, beginning with the report due December 1, 2002, and shall
21-23    include, to the extent available, alternative information relating
21-24    to students who leave school in the reports due in 1999, 2000, and
21-25    2001.
21-26          SECTION 13.  The importance of this legislation and the
 22-1    crowded condition of the calendars in both houses create an
 22-2    emergency and an imperative public necessity that the
 22-3    constitutional rule requiring bills to be read on three several
 22-4    days in each house be suspended, and this rule is hereby suspended,
 22-5    and that this Act take effect and be in force from and after its
 22-6    passage, and it is so enacted.