By West S.B. No. 1455
76R9292 KKA-F
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[:]
1-10 [(1)] each student, other than a student eligible to
1-11 participate in a district's special education program under Section
1-12 29.003, [in grade levels 7 through 12] who is under 21 years of age
1-13 and who:
1-14 (1) [(A)] was not advanced from one grade level to the
1-15 next for two or more school years;
1-16 (2) [(B)] has mathematics or reading skills that are
1-17 two or more years below grade level;
1-18 (3) if the student is in grade 7, 8, 9, 10, 11, or 12,
1-19 [(C)] did not maintain an average equivalent to 70 on a scale of
1-20 100 in two or more courses during a semester in the preceding or
1-21 current school year, or is not maintaining such an average in two
1-22 or more courses in the current semester[, and is not expected to
1-23 graduate within four years of the date the student begins ninth
1-24 grade];
2-1 (4) [(D)] did not perform at a level equal to at least
2-2 110 percent of the level of satisfactory performance
2-3 [satisfactorily] on the [an] assessment instrument most recently
2-4 administered to the student under Subchapter B, Chapter 39; [or]
2-5 (5) did not perform satisfactorily on a readiness test
2-6 or assessment instrument administered at the beginning of the
2-7 current school year, if the student is in prekindergarten or grade
2-8 1, 2, 3, 4, 5, or 6;
2-9 (6) [(E)] is pregnant or is a parent;
2-10 (7) has been placed in an alternative education
2-11 program in accordance with Section 37.006 during the preceding or
2-12 current school year;
2-13 (8) has been expelled in accordance with Section
2-14 37.007 during the preceding or current school year;
2-15 (9) is currently on parole, probation, deferred
2-16 prosecution, or other conditional release;
2-17 (10) was previously reported through the Public
2-18 Education Information Management System (PEIMS) to have dropped out
2-19 of school;
2-20 (11) failed during the preceding or current school
2-21 year to meet the minimum attendance required under Section 25.092
2-22 for one or more classes, unless the failure is excused under
2-23 Section 25.086 or 25.087;
2-24 (12) [(2) each student in prekindergarten through
2-25 grade 6 who:]
2-26 [(A) did not perform satisfactorily on a
2-27 readiness test or assessment instrument administered at the
3-1 beginning of the school year;]
3-2 [(B) did not perform satisfactorily on an
3-3 assessment instrument administered under Subchapter B, Chapter 39;]
3-4 [(C)] is a student of limited English
3-5 proficiency, as defined by Section 29.052;
3-6 (13) is in the custody or care of the Department of
3-7 Protective and Regulatory Services or has, during the current
3-8 school year, been referred to the department by a school official,
3-9 officer of the juvenile court, or law enforcement official;
3-10 (14) is homeless, as defined by 42 U.S.C. Section
3-11 11302 and its subsequent amendments; or
3-12 (15) resided in the preceding school year or [(D) is
3-13 sexually, physically, or psychologically abused;]
3-14 [(E) engages in conduct described by Section
3-15 51.03(a), Family Code; and]
3-16 [(3) each student who is not disabled and who] resides
3-17 in the current school year in a residential placement facility in
3-18 the [a] district [in which the student's parent or legal guardian
3-19 does not reside], including a detention facility, substance abuse
3-20 treatment facility, emergency shelter, psychiatric hospital,
3-21 halfway house, or foster family group home.
3-22 (g) A student eligible to participate in a district's
3-23 special education program under Section 29.003 may receive
3-24 instructional services under this section if receipt of those
3-25 services is determined to be appropriate by the student's
3-26 admission, review, and dismissal committee.
3-27 (h) In addition to students described by Subsection (d), a
4-1 student who satisfies local eligibility criteria adopted by the
4-2 board of trustees of a school district may receive instructional
4-3 services under this section. The number of students receiving
4-4 services under this subsection during a school year may not:
4-5 (1) exceed 10 percent of the number of students
4-6 described by Subsection (d) who received services from the district
4-7 during the preceding school year; or
4-8 (2) for purposes of Chapter 39 or Section 42.152(r),
4-9 be included in the group of students who are identified as being at
4-10 risk of dropping out of school.
4-11 SECTION 2. Section 39.051(b), Education Code, is amended to
4-12 read as follows:
4-13 (b) Performance on the indicators adopted under this section
4-14 shall be compared to state-established standards. The degree of
4-15 change from one school year to the next in performance on each
4-16 indicator adopted under this section shall also be considered. The
4-17 indicators must be based on information that is disaggregated with
4-18 respect to race, ethnicity, sex, and socioeconomic or at-risk
4-19 status under Section 29.081 and must include:
4-20 (1) the results of assessment instruments required
4-21 under Sections 39.023(a) and (c), aggregated by grade level and
4-22 subject area;
4-23 (2) dropout rates;
4-24 (3) student attendance rates;
4-25 (4) the percentage of graduating students who attain
4-26 scores on the secondary exit-level assessment instruments required
4-27 under Subchapter B that are equivalent to a passing score on the
5-1 test instrument required under Section 51.306;
5-2 (5) the percentage of graduating students who meet the
5-3 course requirements established for the recommended high school
5-4 program by State Board of Education rule;
5-5 (6) the results of the Scholastic Assessment Test
5-6 (SAT) and the American College Test;
5-7 (7) the percentage of students taking end-of-course
5-8 assessment instruments adopted under Section 39.023(d);
5-9 (8) the percentage of students exempted, by exemption
5-10 category, from the assessment program generally applicable under
5-11 this subchapter; and
5-12 (9) any other indicator the State Board of Education
5-13 adopts.
5-14 SECTION 3. Section 39.053(d), Education Code, is amended to
5-15 read as follows:
5-16 (d) The report may include the following information:
5-17 (1) student information, including total enrollment,
5-18 enrollment by ethnicity, socioeconomic or at-risk [economic] status
5-19 under Section 29.081, and grade groupings and retention rates;
5-20 (2) financial information, including revenues and
5-21 expenditures;
5-22 (3) staff information, including number and type of
5-23 staff by sex, ethnicity, years of experience, and highest degree
5-24 held, teacher and administrator salaries, and teacher turnover;
5-25 (4) program information, including student enrollment
5-26 by program, teachers by program, and instructional operating
5-27 expenditures by program; and
6-1 (5) the number of students placed in an alternative
6-2 education program under Chapter 37.
6-3 SECTION 4. Section 39.182(a), Education Code, is amended to
6-4 read as follows:
6-5 (a) The agency shall prepare and deliver to the governor,
6-6 the lieutenant governor, the speaker of the house of
6-7 representatives, each member of the legislature, the Legislative
6-8 Budget Board, and the clerks of the standing committees of the
6-9 senate and house of representatives with primary jurisdiction over
6-10 the public school system a comprehensive report covering the
6-11 preceding two school years and containing:
6-12 (1) an evaluation of the achievements of the state
6-13 educational program in relation to the statutory goals for the
6-14 public education system under Section 4.002;
6-15 (2) an evaluation of the status of education in the
6-16 state as reflected by the academic excellence indicators adopted
6-17 under Section 39.051;
6-18 (3) a summary compilation of overall student
6-19 performance on academic skills assessment instruments required by
6-20 Section 39.023, aggregated by grade level, subject area, campus,
6-21 and district, with appropriate interpretations and analysis and
6-22 disaggregated by race, ethnicity, sex, and socioeconomic or at-risk
6-23 status under Section 29.081;
6-24 (4) an evaluation of the correlation between student
6-25 grades and student performance on academic skills assessment
6-26 instruments required by Section 39.023;
6-27 (5) a statement of the dropout rate of students in
7-1 grade levels 7 through 12, expressed in the aggregate and by grade
7-2 level;
7-3 (6) a statement of the projected cross-sectional and
7-4 longitudinal dropout rates for grade levels 7 through 12 for the
7-5 next five years, assuming no state action is taken to reduce the
7-6 dropout rate;
7-7 (7) a description of a systematic plan for reducing
7-8 the projected cross-sectional and longitudinal dropout rates to
7-9 five percent or less for the 1997-1998 school year;
7-10 (8) a summary of the information required by Section
7-11 29.083 regarding grade level retention of students;
7-12 (9) a list of each school district or campus that does
7-13 not satisfy performance standards, with an explanation of the
7-14 actions taken by the commissioner to improve student performance in
7-15 the district or campus and an evaluation of the results of those
7-16 actions;
7-17 (10) an evaluation of the status of the curriculum
7-18 taught in public schools, with recommendations for legislative
7-19 changes necessary to improve or modify the curriculum required by
7-20 Section 28.002;
7-21 (11) a description of all funds received by and each
7-22 activity and expenditure of the agency;
7-23 (12) a summary and analysis of the compliance of
7-24 school districts with administrative cost ratios set by the
7-25 commissioner under Section 42.201, including any improvements and
7-26 cost savings achieved by school districts;
7-27 (13) a summary of the effect of deregulation,
8-1 including exemptions and waivers granted under Section 7.056 or
8-2 39.112;
8-3 (14) a statement of the total number and length of
8-4 reports that school districts and school district employees must
8-5 submit to the agency, identifying which reports are required by
8-6 federal statute or rule, state statute, or agency rule, and a
8-7 summary of the agency's efforts to reduce overall reporting
8-8 requirements; and
8-9 (15) any additional information considered important
8-10 by the commissioner or the State Board of Education.
8-11 SECTION 5. Sections 42.152(c) and (r), Education Code, are
8-12 amended to read as follows:
8-13 (c) Funds allocated under this section, other than an
8-14 indirect cost allotment established under State Board of Education
8-15 rule, which may not exceed 15 percent, may be used only to meet the
8-16 costs of [in] providing a compensatory education and accelerated
8-17 instruction program [programs] under Section 29.081, an alternative
8-18 education program established under Section 37.008, or a program
8-19 receiving federal assistance under Title I of the Elementary and
8-20 Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.)
8-21 and its subsequent amendments [and may only be spent to improve and
8-22 enhance programs and services funded under the regular education
8-23 program]. In meeting the costs of providing a compensatory
8-24 education and accelerated instruction program under Section 29.081,
8-25 a [A] district's compensatory education allotment may be used for
8-26 costs supplementary to the regular education program, such as costs
8-27 for program and student evaluation, instructional materials and
9-1 equipment and other supplies required for quality instruction,
9-2 supplemental staff expenses, salary for teachers of at-risk
9-3 students, smaller class size, and individualized instruction. A
9-4 home-rule school district or an open-enrollment charter school must
9-5 use funds allocated under Subsection (a) for a purpose authorized
9-6 in this subsection, [to provide compensatory education services]
9-7 but is not otherwise subject to Subchapter C, Chapter 29.
9-8 (r) The commissioner shall grant a one-year exemption from
9-9 the requirements of Subsection (q) to a school district in which
9-10 the group of students identified under Section 29.081 as being at
9-11 risk of dropping out of school performs on the assessment
9-12 instruments specified by Section 39.051(b)(1) at a level that meets
9-13 or exceeds the level required for a performance rating of
9-14 academically acceptable. Not later than March 1 of each year, the
9-15 commissioner, based on the most recent information available, shall
9-16 determine if a school district is entitled to an exemption for the
9-17 following school year and notify the district of that
9-18 determination. [Subsection (q) applies beginning with the 1998-1999
9-19 school year. For the 1997-1998 school year, a school district
9-20 shall account for the expenditure of funds allocated under this
9-21 chapter for compensatory education purposes by program and by
9-22 campus under existing agency reporting and auditing procedures.
9-23 The board, state auditor, and comptroller shall develop the
9-24 reporting and auditing system required by Subsection (q) not later
9-25 than August 1, 1998. This subsection expires September 1, 1999.]
9-26 SECTION 6. This Act applies beginning with the 1999-2000
9-27 school year.
10-1 SECTION 7. The importance of this legislation and the
10-2 crowded condition of the calendars in both houses create an
10-3 emergency and an imperative public necessity that the
10-4 constitutional rule requiring bills to be read on three several
10-5 days in each house be suspended, and this rule is hereby suspended,
10-6 and that this Act take effect and be in force from and after its
10-7 passage, and it is so enacted.