1-1 By: West S.B. No. 1455
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Education; April 26, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 7, Nays 0; April 26, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1455 By: West
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to compensatory, intensive, and accelerated education in
1-10 public schools.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 29.081, Education Code, is amended by
1-13 amending the heading and Subsections (a), (c), and (d) and adding
1-14 Subsections (g), (h), and (i) to read as follows:
1-15 Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED
1-16 INSTRUCTION. (a) Each school district shall use the student
1-17 performance data resulting from the basic skills assessment
1-18 instruments and achievement tests administered under Subchapter B,
1-19 Chapter 39, to design and implement appropriate compensatory,
1-20 intensive, or accelerated instructional services for students in
1-21 the district's schools that enable the students to be performing at
1-22 grade level at the conclusion of the next regular school term or,
1-23 if appropriate, to be prepared to obtain a high school equivalency
1-24 certificate.
1-25 (c) Each school district shall evaluate and document the
1-26 effectiveness of the accelerated instruction in reducing any
1-27 disparity in performance on assessment instruments administered
1-28 under Subchapter B, Chapter 39, or disparity in the rates of high
1-29 school completion or receipt of a high school equivalency
1-30 certificate between students at risk of dropping out of school and
1-31 all other district students [the dropout rate and in increasing
1-32 achievement in the categories of students listed under Subsection
1-33 (d)].
1-34 (d) For purposes of this section, "student at risk of
1-35 dropping out of school" includes[:]
1-36 [(1)] each student, other than a student eligible to
1-37 participate in a district's special education program under Section
1-38 29.003, [in grade levels 7 through 12] who is under 21 years of age
1-39 and who:
1-40 (1) [(A)] was not advanced from one grade level to the
1-41 next for one [two] or more school years;
1-42 (2) if the student is in grade 7, 8, 9, 10, 11, or 12,
1-43 [(B) has mathematics or reading skills that are two or more years
1-44 below grade level;]
1-45 [(C)] did not maintain an average equivalent to
1-46 70 on a scale of 100 in two or more subjects in the foundation
1-47 curriculum [courses] during a semester in the preceding or current
1-48 school year, or is not maintaining such an average in two or more
1-49 subjects in the foundation curriculum [courses] in the current
1-50 semester[, and is not expected to graduate within four years of the
1-51 date the student begins ninth grade];
1-52 (3) [(D)] did not perform satisfactorily on an
1-53 assessment instrument administered to the student under Subchapter
1-54 B, Chapter 39, and who has not in the previous or current school
1-55 year subsequently performed on that instrument or another
1-56 appropriate instrument at a level equal to at least 105 percent of
1-57 the level of satisfactory performance on that instrument;
1-58 (4) did not perform satisfactorily on a readiness test
1-59 or assessment instrument administered during the current school
1-60 year, if the student is in prekindergarten, kindergarten, or grade
1-61 1, 2, or 3; [or]
1-62 (5) [(E)] is pregnant or is a parent;
1-63 (6) has been placed in an alternative education
1-64 program in accordance with Section 37.006 during the preceding or
2-1 current school year;
2-2 (7) has been expelled in accordance with Section
2-3 37.007 during the preceding or current school year;
2-4 (8) is currently on parole, probation, deferred
2-5 prosecution, or other conditional release;
2-6 (9) was previously reported through the Public
2-7 Education Information Management System (PEIMS) to have dropped out
2-8 of school;
2-9 (10) failed during the preceding or current school
2-10 year to meet the minimum attendance required under Section 25.092
2-11 for one or more classes, unless the failure is excused under
2-12 Section 25.086 or 25.087;
2-13 (11) [(2) each student in prekindergarten through
2-14 grade 6 who:]
2-15 [(A) did not perform satisfactorily on a
2-16 readiness test or assessment instrument administered at the
2-17 beginning of the school year;]
2-18 [(B) did not perform satisfactorily on an
2-19 assessment instrument administered under Subchapter B, Chapter 39;]
2-20 [(C)] is a student of limited English
2-21 proficiency, as defined by Section 29.052;
2-22 (12) is in the custody or care of the Department of
2-23 Protective and Regulatory Services or has, during the current
2-24 school year, been referred to the department by a school official,
2-25 officer of the juvenile court, or law enforcement official;
2-26 (13) is homeless, as defined by 42 U.S.C. Section
2-27 11302 and its subsequent amendments; or
2-28 (14) resided in the preceding school year or [(D) is
2-29 sexually, physically, or psychologically abused; or]
2-30 [(E) engages in conduct described by Section
2-31 51.03(a), Family Code; and]
2-32 [(3) each student who is not disabled and who] resides
2-33 in the current school year in a residential placement facility in
2-34 the [a] district [in which the student's parent or legal guardian
2-35 does not reside], including a detention facility, substance abuse
2-36 treatment facility, emergency shelter, psychiatric hospital,
2-37 halfway house, or foster family group home.
2-38 (g) A school district may not place a student in a program
2-39 to obtain a high school equivalency certificate unless:
2-40 (1) the student is 16 years of age or older at the
2-41 beginning of the school year or semester;
2-42 (2) the student's parent or guardian agrees to the
2-43 placement of the student in the program;
2-44 (3) there is a reasonable expectation that the student
2-45 will not graduate on schedule;
2-46 (4) there is a reasonable expectation that on
2-47 completion of the program the student will be able to perform
2-48 satisfactorily on the high school equivalency examination; and
2-49 (5) any other conditions specified by the agency are
2-50 satisfied.
2-51 (h) A student eligible to participate in a district's
2-52 special education program under Section 29.003 may receive
2-53 instructional services under this section if receipt of those
2-54 services is determined to be appropriate by the student's
2-55 admission, review, and dismissal committee.
2-56 (i) In addition to students described by Subsection (d), a
2-57 student who satisfies local eligibility criteria adopted by the
2-58 board of trustees of a school district may receive instructional
2-59 services under this section. The number of students receiving
2-60 services under this subsection during a school year may not exceed
2-61 10 percent of the number of students described by Subsection (d)
2-62 who received services from the district during the preceding school
2-63 year. For purposes of Chapter 39, students receiving services
2-64 under this subsection may not be included in the group of students
2-65 who are identified as being at risk of dropping out of school.
2-66 SECTION 2. Section 39.051, Education Code, is amended by
2-67 amending Subsection (b) and adding Subsection (g) to read as
2-68 follows:
2-69 (b) Performance on the indicators adopted under this section
3-1 shall be compared to state-established standards. The degree of
3-2 change from one school year to the next in performance on each
3-3 indicator adopted under this section shall also be considered. The
3-4 indicators must be based on information that is disaggregated by
3-5 [with respect to] race, ethnicity, gender [sex], [and]
3-6 socioeconomic, and at-risk status and must include:
3-7 (1) the results of assessment instruments required
3-8 under Sections 39.023(a) and (c), aggregated by grade level and
3-9 subject area;
3-10 (2) dropout and completion rates;
3-11 (3) student attendance rates;
3-12 (4) the percentage of graduating students who attain
3-13 scores on the secondary exit-level assessment instruments required
3-14 under Subchapter B that are equivalent to a passing score on the
3-15 test instrument required under Section 51.306;
3-16 (5) the percentage of graduating students who meet the
3-17 course requirements established for the recommended high school
3-18 program by State Board of Education rule;
3-19 (6) the results of the Scholastic Assessment Test
3-20 (SAT) and the American College Test;
3-21 (7) the percentage of students taking end-of-course
3-22 assessment instruments adopted under Section 39.023(d);
3-23 (8) the percentage of students exempted, by exemption
3-24 category, from the assessment program generally applicable under
3-25 this subchapter; and
3-26 (9) any other indicator the State Board of Education
3-27 adopts.
3-28 (g) The commissioner by rule shall:
3-29 (1) adopt accountability measures to be used in
3-30 assessing the performance of students at risk of dropping out of
3-31 school, as defined by Section 29.081;
3-32 (2) specify the level of student performance on the
3-33 accountability measures that is necessary for a campus or district
3-34 to obtain a performance rating of exemplary, recognized, or
3-35 academically acceptable; and
3-36 (3) determine appropriate methods of integrating
3-37 student performance on the accountability measures into the
3-38 statewide public school accountability program established under
3-39 this chapter.
3-40 SECTION 3. Subsection (d), Section 39.053, Education Code,
3-41 is amended to read as follows:
3-42 (d) The report may include the following information:
3-43 (1) student information, including total enrollment,
3-44 enrollment by ethnicity, socioeconomic status, and at-risk
3-45 [economic] status under Section 29.081, and grade groupings and
3-46 retention rates;
3-47 (2) financial information, including revenues and
3-48 expenditures;
3-49 (3) staff information, including number and type of
3-50 staff by gender [sex], ethnicity, years of experience, and highest
3-51 degree held, teacher and administrator salaries, and teacher
3-52 turnover;
3-53 (4) program information, including student enrollment
3-54 by program, teachers by program, and instructional operating
3-55 expenditures by program; and
3-56 (5) the number of students placed in an alternative
3-57 education program under Chapter 37.
3-58 SECTION 4. The heading to Section 39.182, Education Code, is
3-59 amended to read as follows:
3-60 Sec. 39.182. COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
3-61 SECTION 5. Subsections (a) and (b), Section 39.182,
3-62 Education Code, are amended to read as follows:
3-63 (a) Not later than December 1 of each year, the [The] agency
3-64 shall prepare and deliver to the governor, the lieutenant governor,
3-65 the speaker of the house of representatives, each member of the
3-66 legislature, the Legislative Budget Board, and the clerks of the
3-67 standing committees of the senate and house of representatives with
3-68 primary jurisdiction over the public school system a comprehensive
3-69 report covering the preceding [two] school year [years] and
4-1 containing:
4-2 (1) an evaluation of the achievements of the state
4-3 educational program in relation to the statutory goals for the
4-4 public education system under Section 4.002;
4-5 (2) an evaluation of the status of education in the
4-6 state as reflected by the academic excellence indicators adopted
4-7 under Section 39.051;
4-8 (3) a summary compilation of overall student
4-9 performance on academic skills assessment instruments required by
4-10 Section 39.023 with the number of students exempted from the
4-11 administration of those instruments and the basis of the
4-12 exemptions, aggregated by grade level, subject area, campus, and
4-13 district, and with appropriate interpretations and analysis, and
4-14 disaggregated by race, ethnicity, gender [sex], and socioeconomic
4-15 status;
4-16 (4) a summary compilation of overall performance of
4-17 students placed in an alternative education program established
4-18 under Section 37.008 on academic skills assessment instruments
4-19 required by Section 39.023 with the number of those students
4-20 exempted from the administration of those instruments and the basis
4-21 of the exemptions, aggregated by grade level and subject area, with
4-22 appropriate interpretations and analysis, and disaggregated by
4-23 race, ethnicity, gender, and socioeconomic status;
4-24 (5) an evaluation of the correlation between student
4-25 grades and student performance on academic skills assessment
4-26 instruments required by Section 39.023;
4-27 (6) [(5)] a statement of the dropout rate of students
4-28 in grade levels 7 through 12, expressed in the aggregate and by
4-29 grade level;
4-30 (7) a statement of:
4-31 (A) the completion rate of students who enter
4-32 grade level 9 and graduate not more than four years later;
4-33 (B) the completion rate of students who enter
4-34 grade level 9 and graduate, including students who require more
4-35 than four years to graduate;
4-36 (C) the completion rate of students who enter
4-37 grade level 9 and not more than four years later receive a high
4-38 school equivalency certificate;
4-39 (D) the completion rate of students who enter
4-40 grade level 9 and receive a high school equivalency certificate,
4-41 including students who require more than four years to receive a
4-42 certificate; and
4-43 (E) the number and percentage of all students
4-44 who have not been accounted for under Paragraph (A), (B), (C), or
4-45 (D) and are not enrolled in a private school, home school, or
4-46 school in another state;
4-47 (8) [(6)] a statement of the projected cross-sectional
4-48 and longitudinal dropout rates for grade levels 9 [7] through 12
4-49 for the next five years, assuming no state action is taken to
4-50 reduce the dropout rate;
4-51 (9) [(7)] a description of a systematic, measurable
4-52 plan for reducing the projected cross-sectional and longitudinal
4-53 dropout rates to five percent or less for the 1997-1998 school
4-54 year;
4-55 (10) [(8)] a summary of the information required by
4-56 Section 29.083 regarding grade level retention of students and
4-57 information concerning:
4-58 (A) the number and percentage of students
4-59 retained; and
4-60 (B) the performance of retained students on
4-61 assessment instruments required under Section 39.023(a);
4-62 (11) information, aggregated by district type and
4-63 disaggregated by race, ethnicity, gender, and socioeconomic status,
4-64 on:
4-65 (A) the number of students placed in an
4-66 alternative education program established under Section 37.008;
4-67 (B) the average length of a student's placement
4-68 in an alternative education program established under Section
4-69 37.008;
5-1 (C) the academic performance of students on
5-2 assessment instruments required under Section 39.023(a) during the
5-3 year preceding and during the year following placement in an
5-4 alternative education program; and
5-5 (D) the dropout rates of students who have been
5-6 placed in an alternative education program established under
5-7 Section 37.008;
5-8 (12) [(9)] a list of each school district or campus
5-9 that does not satisfy performance standards, with an explanation of
5-10 the actions taken by the commissioner to improve student
5-11 performance in the district or campus and an evaluation of the
5-12 results of those actions;
5-13 (13) [(10)] an evaluation of the status of the
5-14 curriculum taught in public schools, with recommendations for
5-15 legislative changes necessary to improve or modify the curriculum
5-16 required by Section 28.002;
5-17 (14) [(11)] a description of all funds received by and
5-18 each activity and expenditure of the agency;
5-19 (15) [(12)] a summary and analysis of the compliance
5-20 of school districts with administrative cost ratios set by the
5-21 commissioner under Section 42.201, including any improvements and
5-22 cost savings achieved by school districts;
5-23 (16) [(13)] a summary of the effect of deregulation,
5-24 including exemptions and waivers granted under Section 7.056 or
5-25 39.112;
5-26 (17) [(14)] a statement of the total number and length
5-27 of reports that school districts and school district employees must
5-28 submit to the agency, identifying which reports are required by
5-29 federal statute or rule, state statute, or agency rule, and a
5-30 summary of the agency's efforts to reduce overall reporting
5-31 requirements;
5-32 (18) a summary of school district compliance with the
5-33 student/teacher ratios and class-size limitations prescribed by
5-34 Sections 25.111 and 25.112, including the number of districts
5-35 granted an exception from Section 25.112;
5-36 (19) a summary of the exemptions and waivers granted
5-37 to school districts under Section 7.056 or 39.112 and a review of
5-38 the effectiveness of each campus or district following
5-39 deregulation;
5-40 (20) an evaluation of the performance of the system of
5-41 regional education service centers based on the indicators adopted
5-42 under Section 8.101 and client satisfaction with services provided
5-43 under Subchapter B, Chapter 8;
5-44 (21) a comparison of the performance of
5-45 open-enrollment charter schools and school districts on the
5-46 academic excellence indicators specified in Section 39.051 (b),
5-47 with a separately aggregated comparison of the performance of
5-48 open-enrollment charter schools granted under Section 12.1011 (a)
5-49 (2) with the performance of school districts; and
5-50 (22) [(15)] any additional information considered
5-51 important by the commissioner or the State Board of Education.
5-52 (b) In reporting the information required by Subsection
5-53 (a)(3) or (4), the agency may separately aggregate the performance
5-54 data of students enrolled in a special education program under
5-55 Subchapter A, Chapter 29, or a bilingual education or special
5-56 language program under Subchapter B, Chapter 29.
5-57 SECTION 6. Section 42.152, Education Code, is amended by
5-58 amending Subsections (b), (c), and (r) and adding Subsection (s) to
5-59 read as follows:
5-60 (b) For purposes of this section, the number of
5-61 educationally disadvantaged students is determined:
5-62 (1) by averaging the best six months' enrollment in
5-63 the national school lunch program of free or reduced-price lunches
5-64 for the preceding school year; or
5-65 (2) in the manner determined by commissioner rule, if
5-66 the district did not participate in the national school lunch
5-67 program of free or reduced-price lunches during the preceding
5-68 school year.
5-69 (c) Funds allocated under this section shall be used to fund
6-1 supplemental programs and services designed to eliminate any
6-2 disparity in performance on assessment instruments administered
6-3 under Subchapter B, Chapter 39, or disparity in the rates of high
6-4 school completion or receipt of a high school equivalency
6-5 certification between students at risk of dropping out of school,
6-6 as defined by Section 29.081, and all other students.
6-7 Specifically, the funds, other than an indirect cost allotment
6-8 established under State Board of Education rule, which may not
6-9 exceed 15 percent, may be used only to meet the costs of [in]
6-10 providing a compensatory, intensive, or [education and] accelerated
6-11 instruction program [programs] under Section 29.081 or an
6-12 alternative education program established under Section 37.008 or
6-13 to support a program eligible under Title I of the Elementary and
6-14 Secondary Education Act of 1965, as provided by Pub. L. No. 103-382
6-15 and its subsequent amendments, and by federal regulations
6-16 implementing that Act [and may only be spent to improve and enhance
6-17 programs and services funded under the regular education program].
6-18 In meeting the costs of providing a compensatory, intensive, or
6-19 accelerated instruction program under Section 29.081, a [A]
6-20 district's compensatory education allotment may be used only for
6-21 costs supplementary to the regular education program, such as costs
6-22 for program and student evaluation, instructional materials and
6-23 equipment and other supplies required for quality instruction,
6-24 supplement staff expenses, salary for teachers of at-risk students,
6-25 smaller class size, and individualized instruction. A home-rule
6-26 school district or an open-enrollment charter school must use funds
6-27 allocated under Subsection (a) for a purpose authorized in this
6-28 subsection, [to provide compensatory education services] but is not
6-29 otherwise subject to Subchapter C, Chapter 29.
6-30 (r) The commissioner shall grant a one-year exemption from
6-31 the requirements of Subsection (g) to a school district in which
6-32 the group of students identified under Section 29.081 as being at
6-33 risk of dropping out of school performs on the assessment
6-34 instruments specified by Section 39.051 (b)(1) at a level that
6-35 meets or exceeds the level required for a performance rating of
6-36 academically recognized. Not later than March 1 of each year, the
6-37 commissioner, based on the most recent information available, shall
6-38 determine whether a school district is entitled to an exemption for
6-39 the following school year and notify the district of that
6-40 determination.
6-41 (s) Subsection (r) applies beginning with the 2001-2002
6-42 school year. This subsection expires September 1, 2002.
6-43 [Subsection (q) applies beginning with the 1998-1999 school year.
6-44 For the 1997-1998 school year, a school district shall account for
6-45 the expenditure of funds allocated under this chapter for
6-46 compensatory education purposes by program and by campus under
6-47 existing agency reporting and auditing procedures. The board,
6-48 state auditor, and comptroller shall develop the reporting and
6-49 auditing system required by Subsection (q) not later than August 1,
6-50 1998. This subsection expires September 1, 1999.]
6-51 SECTION 7. (a) Using funds specifically appropriated for
6-52 that purpose, the commissioner of education shall form a committee
6-53 to conduct a study and detailed analysis of:
6-54 (1) effective public education compensatory education
6-55 programs for students receiving services under Section 29.081,
6-56 Education Code, or Title I of the Elementary and Secondary
6-57 Education Act of 1965 (20 U.S.C. Section 6301 et seq.); and
6-58 (2) effective higher education developmental programs
6-59 delivered under Section 51.306, Education Code.
6-60 (b) The committee formed by the commissioner of education
6-61 under Subsection (a) of this section shall organize and administer
6-62 the study required by this section. The committee must be composed
6-63 of:
6-64 (1) at least one representative of each of the
6-65 following agencies:
6-66 (A) the Legislative Budget Board;
6-67 (B) the Texas Education Agency;
6-68 (C) the office of the state auditor;
6-69 (D) the office of the comptroller of public
7-1 accounts; and
7-2 (E) the Texas Higher Education Coordinating
7-3 Board;
7-4 (2) two representatives of the general public selected
7-5 by the chair of the Senate Committee on Education;
7-6 (3) one representative of the general public selected
7-7 by the chair of the House Committee on Public Education;
7-8 (4) one representative of the general public selected
7-9 by the chair of the House Committee on Higher Education; and
7-10 (5) three educators selected by the commissioner of
7-11 education, one of whom must be a classroom teacher, and one of whom
7-12 must be an administrator.
7-13 (c) In conducting the study required by this section, the
7-14 committee shall use data collected through the Public Education
7-15 Information Management System (PEIMS), data collected by the Texas
7-16 Higher Education Coordinating Board, and program evaluations
7-17 conducted by the Texas Education Agency and the Texas Higher
7-18 Education Coordinating Board of a variety of effective compensatory
7-19 and developmental programs operated in a wide range of schools and
7-20 institutions of higher education across the state.
7-21 (d) Using information collected locally, the study shall
7-22 examine compensatory and developmental programs, including cost
7-23 elements of those programs, in a manner that allows comparison
7-24 between similar schools and types of students.
7-25 (e) Not later that December 1, 2000, the committee shall
7-26 submit to the legislature a report of the results of the study.
7-27 (f) The committee is abolished and this section expires
7-28 January 1, 2001.
7-29 SECTION 8. Sections 39.183 and 39.185, Education Code, are
7-30 repealed.
7-31 SECTION 9. (a) Except as otherwise provided by this
7-32 section, this Act applies beginning with the 1999-2000 school year.
7-33 (b) Subsection (g), Section 39.051, Education Code, as added
7-34 by this Act, and Subsection (d), Section 39.053, Education Code, as
7-35 amended by this Act, apply beginning with the 2000-2001 school
7-36 year.
7-37 (c) Section 39.182, Education Code, as amended by this Act,
7-38 applies beginning with the report required to be prepared not later
7-39 than December 1, 1999, except that:
7-40 (1) the Texas Education Agency, in computing
7-41 information relating to students at risk of dropping out of school
7-42 for inclusion in the report due December 1, 1999, and the report
7-43 due December 1, 2000, may determine appropriate information based
7-44 on Section 29.081, Education Code, as it existed before amendment
7-45 by this Act; and
7-46 (2) the Texas Education Agency shall include
7-47 information specified under Paragraph (E), Subdivision (7),
7-48 Subsection (a), Section 39.182, Education Code, as added by this
7-49 Act, beginning with the report due December 1, 2002, and shall
7-50 include, to the extent available, alternative information relating
7-51 to students who leave school in the reports due in 1999, 2000, and
7-52 2001.
7-53 SECTION 10. The importance of this legislation and the
7-54 crowded condition of the calendars in both houses create an
7-55 emergency and an imperative public necessity that the
7-56 constitutional rule requiring bills to be read on three several
7-57 days in each house be suspended, and this rule is hereby suspended,
7-58 and that this Act take effect and be in force from and after its
7-59 passage, and it is so enacted.
7-60 * * * * *