By: Barrientos, Luna S.B. No. 1562
99S0832/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to educational services for public school students subject
1-2 to disciplinary action or otherwise at risk of dropping out of
1-3 school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.1011, Education Code, is amended by
1-6 amending Subsection (a) and adding Subsections (c) and (d) to read
1-7 as follows:
1-8 (a) In addition to the other charters authorized under this
1-9 subchapter, in accordance with this subchapter the State Board of
1-10 Education may grant:
1-11 (1) not more than 100 charters for open-enrollment
1-12 charter schools that adopt an express policy providing for the
1-13 admission of students eligible for a public education grant under
1-14 Subchapter G, Chapter 29; and
1-15 (2) additional charters for open-enrollment charter
1-16 schools for which at least 75 percent of the prospective student
1-17 population, as specified in the proposed charter, will be students
1-18 who, at the time of enrollment in the open-enrollment charter
1-19 school, have dropped out of school, [or] are at risk of dropping
1-20 out of school as defined by Section 29.081, or are otherwise
1-21 entitled to compensatory or accelerated instructional services
1-22 under Section 29.081(g).
1-23 (c) The commissioner shall evaluate an open-enrollment
1-24 charter school granted a charter under this section under the
2-1 public school accountability system in the same manner as an
2-2 open-enrollment charter school granted a charter under Section
2-3 12.101.
2-4 (d) Notwithstanding Subsection (a), the State Board of
2-5 Education may not grant an additional charter under Subsection
2-6 (a)(2) before September 1, 2001. This subsection expires September
2-7 1, 2001.
2-8 SECTION 2. Subsection (e), Section 21.354, Education Code,
2-9 is amended to read as follows:
2-10 (e) The appraisal of a principal shall include consideration
2-11 of:
2-12 (1) the performance of the [a] principal's campus on
2-13 the indicators established under Section 39.051 and the campus's
2-14 objectives established under Section 11.253, including performance
2-15 gains of the campus and the maintenance of those gains;
2-16 (2) the extent to which educational services are
2-17 provided at the principal's campus in compliance with Sections
2-18 29.081(a) and 39.024(b); and
2-19 (3) the evaluation conducted under Section 29.081(c)
2-20 of the effectiveness of accelerated instruction provided at the
2-21 principal's campus.
2-22 SECTION 3. Subsection (f), Section 25.093, Education Code,
2-23 is amended to read as follows:
2-24 (f) A fine collected under this section shall be deposited
2-25 as follows:
2-26 (1) one-half shall be deposited to the credit of the
3-1 operating fund of the school district in which the child attends
3-2 school unless the child attends a juvenile justice alternative
3-3 education program established in the county under Section 37.011,
3-4 in which case that one-half shall be deposited to the credit of the
3-5 juvenile board of the county; and
3-6 (2) one-half shall be deposited to the credit of:
3-7 (A) the general fund of the county, if the
3-8 complaint is filed in the county court or justice court; or
3-9 (B) the general fund of the municipality, if the
3-10 complaint is filed in municipal court.
3-11 SECTION 4. Section 29.081, Education Code, is amended by
3-12 amending Subsections (a), (b), (c), (d), and (e) and adding
3-13 Subsections (g), (h), and (i) to read as follows:
3-14 (a)(1) Each school district shall use the student
3-15 performance data resulting from the basic skills assessment
3-16 instruments and achievement tests administered under Subchapter B,
3-17 Chapter 39, to design and implement appropriate compensatory,
3-18 intensive, or accelerated instructional services for students in
3-19 the district's schools.
3-20 (2) For purposes of this subsection, "compensatory,
3-21 intensive, or accelerated instructional services" means services
3-22 designed to enable the students to be performing at grade level at
3-23 the conclusion of the next regular school term or to obtain a high
3-24 school equivalency certificate.
3-25 (b) Each district shall provide accelerated instruction to a
3-26 student [enrolled in the district] who has taken the secondary
4-1 exit-level assessment instrument and has not performed
4-2 satisfactorily on each section or who is at risk of dropping out of
4-3 school if the student:
4-4 (1) is enrolled in the district; or
4-5 (2) is eligible under Section 25.001 to attend school
4-6 in the district but was expelled from the district under Section
4-7 37.007 and is not eligible for admission into a juvenile justice
4-8 alternative education program established under Section 37.011.
4-9 (c) Each school district shall evaluate and document the
4-10 effectiveness of the accelerated instruction in reducing any
4-11 disparity in performance on the basic skills assessment instruments
4-12 and achievement tests administered under Subchapter B, Chapter 39,
4-13 and in the high school completion rate between students at risk of
4-14 dropping out of school and all other students in the district [the
4-15 dropout rate and in increasing achievement in the categories of
4-16 students listed under Subsection (d)].
4-17 (d) For purposes of this section, "student at risk of
4-18 dropping out of school" includes[:]
4-19 [(1)] each student, other than a student eligible to
4-20 participate in a district's special education program under Section
4-21 29.003, [in grade levels 7 through 12] who is under 21 years of age
4-22 and who:
4-23 (1) [(A)] was not advanced from one grade level to the
4-24 next for one [two] or more school years, unless the student has
4-25 passed all sections of the last two administrations of the
4-26 assessment instruments;
5-1 (2) at a secondary school grade level [(B) has
5-2 mathematics or reading skills that are two or more years below
5-3 grade level;]
5-4 [(C)] did not maintain an average equivalent to
5-5 70 on a scale of 100 in two or more courses during a semester in
5-6 the preceding or current school year[,] or is not maintaining such
5-7 an average in two or more courses in the current semester[, and is
5-8 not expected to graduate within four years of the date the student
5-9 begins ninth grade];
5-10 (3) [(D)] did not perform at a level equal to at least
5-11 105 percent of the level of satisfactory performance
5-12 [satisfactorily] on the [an] assessment instrument most recently
5-13 administered to the student under Subchapter B, Chapter 39;
5-14 (4) did not perform satisfactorily on a readiness test
5-15 or assessment instrument administered in the current school year,
5-16 if the student is in early developmental programs or
5-17 prekindergarten through grade 6;
5-18 (5) [or (E)] is pregnant or is a parent[;]
5-19 [(2) each student in prekindergarten through grade 6
5-20 who:]
5-21 [(A) did not perform satisfactorily on a
5-22 readiness test or assessment instrument administered at the
5-23 beginning of the school year;]
5-24 [(B) did not perform satisfactorily on an
5-25 assessment instrument administered under Subchapter B, Chapter 39];
5-26 (6) has been expelled under Section 37.007 during the
6-1 preceding or current school year;
6-2 (7) was previously reported through the Public
6-3 Education Information Management System to have dropped out of
6-4 school;
6-5 (8) [(C)] is a student of limited English proficiency,
6-6 as defined by Section 29.052;
6-7 (9) has informed the district of sexual, physical, or
6-8 psychological abuse suffered by the student during the current
6-9 school year or is under the managing conservatorship of the
6-10 Department of Protective and Regulatory Services [(D) is sexually,
6-11 physically, or psychologically abused];
6-12 (10) is homeless, as defined by 42 U.S.C. Section
6-13 11302 and its subsequent amendments; or
6-14 (11) resided in the preceding school year or
6-15 [(E) engages in conduct described by Section
6-16 51.03(a), Family Code; and]
6-17 [(3) each student who is not disabled and who] resides
6-18 in the current school year in a residential placement facility in
6-19 the [a] district [in which the student's parent or legal guardian
6-20 does not reside], including a detention facility, substance abuse
6-21 treatment facility, emergency shelter, psychiatric hospital,
6-22 halfway house, or foster family group home.
6-23 (e)(1) A school district may provide an alternative program
6-24 on a separate campus or may contract with [use] a private or public
6-25 community-based dropout recovery education program to provide
6-26 compensatory [alternative] education programs for students who are
7-1 at risk of dropping out of school. The program must grade
7-2 students' work, offer course credits necessary for graduation or
7-3 for obtaining a high school equivalency certificate [credit],
7-4 modify instructional time requirements, and establish methods of
7-5 evaluating subject mastery.
7-6 (2) No student may be placed in a program to obtain a
7-7 high school equivalency certificate unless the student is 15 years
7-8 of age and more than one year behind the student's age group peers
7-9 in credits necessary to obtain a high school diploma, was
7-10 previously reported to the Public Education Information Management
7-11 System as having dropped out of school, or is placed with the
7-12 approval of the student's parent or guardian.
7-13 (g) A student eligible to participate in a district's
7-14 special education program under Section 29.003 may receive
7-15 instructional services under this section if receipt of those
7-16 services is determined to be appropriate by the student's
7-17 admission, review, and dismissal committee.
7-18 (h) A school district shall determine and document the
7-19 educational status of each student who:
7-20 (1) does not resume attendance in the district at the
7-21 beginning of a school year after attending school in the district
7-22 during the preceding school year, unless the student graduated at
7-23 the end of the preceding school year; or
7-24 (2) is absent from school for 10 or more consecutive
7-25 school days, if the absences are unexcused.
7-26 (i) A school district shall take and document all possible
8-1 steps to encourage or require appropriate students identified under
8-2 Subsection (h) to return to school.
8-3 SECTION 5. Section 37.007, Education Code, is amended by
8-4 adding a new Subsection (h) and relettering existing Subsection (h)
8-5 as Subsection (i) to read as follows:
8-6 (h)(1) A school district shall provide an immediate
8-7 educational program to a student who is expelled under this section
8-8 but who is not eligible for admission into a juvenile justice
8-9 alternative education program established under Section 37.011. A
8-10 school district may provide the program directly or may contract
8-11 with a county juvenile board, a private provider, or one or more
8-12 other school districts to provide the program.
8-13 (2) The commissioner shall include students in
8-14 attendance in a program under this subsection in the computation of
8-15 the district's average daily attendance for funding purposes.
8-16 (i) Subject to Subsection (e), notwithstanding any other
8-17 provision of this section, a student who is younger than 10 years
8-18 of age may not be expelled for engaging in conduct described by
8-19 this section.
8-20 SECTION 6. Section 37.008, Education Code, is amended by
8-21 amending Subsections (a), (h), (l), and (m) and adding Subsections
8-22 (n) and (o) to read as follows:
8-23 (a) Each school district shall provide an alternative
8-24 education program that:
8-25 (1) is provided in a setting other than a student's
8-26 regular classroom;
9-1 (2) is located on or off of a regular school campus;
9-2 (3) provides for the students who are assigned to the
9-3 alternative education program to be separated from students who are
9-4 not assigned to the program;
9-5 (4) focuses on English language arts, mathematics,
9-6 science, history, and self-discipline;
9-7 (5) provides for students' educational and behavioral
9-8 needs; [and]
9-9 (6) provides supervision and counseling; and
9-10 (7) has the capacity to accept all students removed
9-11 from classrooms.
9-12 (h) A school district may not place a student, other than a
9-13 student suspended as provided under Section 37.005 [or expelled as
9-14 provided under Section 37.007], in an unsupervised setting as a
9-15 result of conduct for which a student may be placed in an
9-16 alternative education program.
9-17 (l) A school district shall [is not required to] provide in
9-18 the district's alternative education program each [a] course
9-19 necessary to fulfill a student's minimum high school graduation
9-20 requirements unless the program is designed to provide a high
9-21 school equivalency certificate under Section 29.081(e) [other than
9-22 a course specified by Subsection (a)].
9-23 (m) The commissioner shall adopt rules necessary to
9-24 administer the provisions of Chapters 29 and [Chapter] 39 for
9-25 alternative education programs. Alternative education programs
9-26 shall be evaluated based on the performance indicators specified in
10-1 Sections 39.051(b)(1)-(8) in the same manner as a regular school
10-2 campus, with individual student performance evaluated at both the
10-3 alternative program level and at the campus from which the student
10-4 was transferred to the alternative program. The performance
10-5 indicator relating to student attendance must reflect the goal of a
10-6 student attendance rate of at least 90 percent unless the program
10-7 is a dropout prevention and recovery program offered under Section
10-8 29.081(e). Academically, the mission of alternative education
10-9 programs shall be to enable students to perform at grade level and
10-10 fulfill the requirements for promotion to the next grade level or
10-11 for graduation from high school unless the program is designed to
10-12 provide a high school equivalency certificate under Section
10-13 29.081(e). The [Annually, the] commissioner shall adopt rules for
10-14 evaluating programs under Section 29.081(e), which shall include
10-15 attendance rates, completion rates, and dropout rates [define for
10-16 alternative education programs acceptable performance and
10-17 performance indicating a need for peer review, based principally on
10-18 standards defined by the commissioner that measure academic
10-19 progress of students toward grade level while attending an
10-20 alternative education program].
10-21 (n) A school district that assigns a student to an
10-22 alternative education program shall provide the administrator of
10-23 the program or another appropriate program employee information
10-24 concerning the student's previous performance on assessment
10-25 instruments required under Subchapter B, Chapter 39.
10-26 (o) An alternative education program may allow a student
11-1 assigned to the program to attend a reduced number of hours if the
11-2 student is also attending a separate program designed to enable the
11-3 student to obtain a high school equivalency certificate.
11-4 SECTION 7. Subsection (a), Section 37.010, Education Code,
11-5 is amended to read as follows:
11-6 (a) Not later than the second business day after the date a
11-7 hearing is held under Section 37.009, the board of trustees of a
11-8 school district or the board's designee shall deliver a copy of the
11-9 order placing a student in an alternative education program under
11-10 Section 37.006 or expelling a student under Section 37.007 and any
11-11 information required under Section 52.04, Family Code, to the
11-12 authorized officer of the juvenile court in the county in which the
11-13 student resides. In a county that operates a program under Section
11-14 37.011, an expelled student shall to the extent provided by law or
11-15 by the memorandum of understanding immediately attend the
11-16 educational program from the date of expulsion; provided, however,
11-17 that in a county with a population greater than 125,000 every
11-18 expelled student who is not detained or receiving treatment under
11-19 an order of the juvenile court must be enrolled in an educational
11-20 program. In a county that does not operate a program under Section
11-21 37.011, an expelled student shall immediately participate in the
11-22 educational program provided under Section 37.007(h).
11-23 SECTION 8. Section 37.011, Education Code, is amended by
11-24 amending Subsections (a), (d), (f), (h), and (l) and adding
11-25 Subsections (r) and (s) to read as follows:
11-26 (a) The juvenile board of a county with a population greater
12-1 than 125,000 shall develop a juvenile justice alternative education
12-2 program, subject to the approval of the Texas Juvenile Probation
12-3 Commission. The juvenile board of a county with a population of
12-4 125,000 or less may develop a juvenile justice alternative
12-5 education program. A juvenile justice alternative education
12-6 program in a county with a population of 125,000 or less:
12-7 (1) is not required to be approved by the Texas
12-8 Juvenile Probation Commission; and
12-9 (2) is not subject to Subsection (c), [(d),] (f), or
12-10 (g).
12-11 (d) A juvenile justice alternative education program must
12-12 focus on English language arts, mathematics, science, social
12-13 studies, and self-discipline. Each school district shall consider
12-14 course credit earned by a student while in a juvenile justice
12-15 alternative education program as credit earned in a district
12-16 school. Each program shall administer assessment instruments under
12-17 Subchapter B, Chapter 39, and shall offer a high school equivalency
12-18 program. The juvenile board or the board's designee, with the
12-19 parent or guardian of each student, shall regularly review the
12-20 student's academic progress. In the case of a high school student,
12-21 the board or the board's designee, with the student's parent or
12-22 guardian, shall review the student's progress towards meeting high
12-23 school graduation requirements and shall establish a specific
12-24 graduation plan for the student. The program shall [is not
12-25 required to] provide each [a] course necessary to fulfill a
12-26 student's minimum high school graduation requirements [other than a
13-1 course specified by this subsection].
13-2 (f) A juvenile justice alternative education program must
13-3 provide student instruction [operate] at least[:]
13-4 [(1)] seven hours per day[;] and
13-5 [(2)] 180 days per year, except that:
13-6 (1) a program may allow a student to attend the
13-7 program for less than seven hours per day if the student is also
13-8 attending a separate high school equivalency program; and
13-9 (2) if authorized by rules adopted by the Texas
13-10 Juvenile Probation Commission under Subsection (h), a program may:
13-11 (A) substitute one or more days of staff
13-12 training for one or more days of student instruction; or
13-13 (B) require a student to attend the program for
13-14 more than 180 days per year if the student is performing below
13-15 grade level.
13-16 (h) Academically, the mission of juvenile justice
13-17 alternative education programs shall be to enable students to
13-18 perform at grade level and fulfill the requirements for promotion
13-19 to the next grade level or for graduation from high school. The
13-20 Texas Juvenile Probation Commission shall adopt rules in
13-21 furtherance of this mission. [For purposes of accountability under
13-22 Chapter 39, a student enrolled in a juvenile justice alternative
13-23 education program is reported as if the student were enrolled at
13-24 the student's assigned campus in the student's regularly assigned
13-25 education program, including a special education program. Annually
13-26 the Texas Juvenile Probation Commission, with the agreement of the
14-1 commissioner, shall develop and implement a system of
14-2 accountability consistent with Chapter 39, where appropriate, to
14-3 assure that students make progress toward grade level while
14-4 attending a juvenile justice alternative education program.] The
14-5 Texas Juvenile Probation Commission shall adopt rules for the
14-6 distribution of funds appropriated under this section to juvenile
14-7 boards in counties required to establish juvenile justice
14-8 alternative education programs. A student served by a juvenile
14-9 justice alternative education program on the basis of an expulsion
14-10 under Section 37.007(a), (d), or (e) is not eligible for Foundation
14-11 School Program funding under Chapter 42 or 31.
14-12 (l) A [The] school district required to enter into a
14-13 memorandum of understanding under Subsection (k) shall be
14-14 responsible for providing an immediate educational program to
14-15 students who engage in behavior resulting in expulsion under
14-16 Section 37.007(b), (c), and (f) but who are not eligible for
14-17 admission into the juvenile justice alternative education program
14-18 in accordance with the memorandum of understanding [required under
14-19 this section]. The school district may provide the program or the
14-20 school district may contract with a county juvenile board, a
14-21 private provider, or one or more other school districts to provide
14-22 the program. The memorandum of understanding shall address the
14-23 circumstances under which such students who continue to engage in
14-24 serious or persistent misbehavior shall be admitted into the
14-25 juvenile justice alternative education program.
14-26 (r) The Texas Juvenile Probation Commission and the
15-1 commissioner shall develop and implement a system of accountability
15-2 consistent with Chapter 39 to assure that juvenile justice
15-3 alternative education programs provide educational services that
15-4 enable students to make progress toward performing at the
15-5 appropriate grade level. A juvenile justice alternative education
15-6 program shall be evaluated based on the performance indicators
15-7 specified in Sections 39.051(b)(1)-(8) in the same manner as a
15-8 regular school campus. The performance indicator relating to
15-9 student attendance must reflect the goal of a student attendance
15-10 rate of at least 90 percent. A student enrolled in a juvenile
15-11 justice alternative education program shall be reported in any
15-12 manner necessary for the evaluation of the program as required by
15-13 this subsection.
15-14 (s) A school district that assigns a student to a juvenile
15-15 justice alternative education program shall provide the
15-16 administrator of the program or another appropriate program
15-17 employee information concerning the student's previous performance
15-18 on assessment instruments required under Subchapter B, Chapter 39.
15-19 SECTION 9. Subsection (b), Section 39.051, Education Code,
15-20 is amended to read as follows:
15-21 (b) Performance on the indicators adopted under this section
15-22 shall be compared to state-established standards. The degree of
15-23 change from one school year to the next in performance on each
15-24 indicator adopted under this section shall also be considered. The
15-25 indicators must be based on information that is disaggregated by
15-26 [with respect to] race, ethnicity, gender [sex], at-risk status as
16-1 defined by Section 29.081(d), and eligibility under the national
16-2 free or reduced-price lunch program established under 42 U.S.C.
16-3 Section 1751 et seq. [socioeconomic status] and must include:
16-4 (1) the results of assessment instruments required
16-5 under Sections 39.023(a) and (c), aggregated by grade level and
16-6 subject area;
16-7 (2) dropout and completion rates;
16-8 (3) student attendance rates;
16-9 (4) the percentage of graduating students who attain
16-10 scores on the secondary exit-level assessment instruments required
16-11 under Subchapter B that are equivalent to a passing score on the
16-12 test instrument required under Section 51.306;
16-13 (5) the percentage of graduating students who meet the
16-14 course requirements established for the recommended high school
16-15 program by State Board of Education rule;
16-16 (6) the results of the Scholastic Assessment Test
16-17 (SAT) and the American College Test;
16-18 (7) the percentage of students taking end-of-course
16-19 assessment instruments adopted under Section 39.023(d);
16-20 (8) the percentage of students exempted, by exemption
16-21 category, from the assessment program generally applicable under
16-22 this subchapter; and
16-23 (9) any other indicator the State Board of Education
16-24 adopts.
16-25 SECTION 10. The heading to Section 39.182, Education Code,
16-26 is amended to read as follows:
17-1 Sec. 39.182. COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
17-2 SECTION 11. Subsections (a) and (b), Section 39.182,
17-3 Education Code, are amended to read as follows:
17-4 (a) Not later than December 1 of each year, the [The] agency
17-5 shall prepare and deliver to the governor, the lieutenant governor,
17-6 the speaker of the house of representatives, each member of the
17-7 legislature, the Legislative Budget Board, and the clerks of the
17-8 standing committees of the senate and house of representatives with
17-9 primary jurisdiction over the public school system a comprehensive
17-10 report covering the preceding [two] school year [years] and
17-11 containing:
17-12 (1) an evaluation of the achievements of the state
17-13 educational program in relation to the statutory objectives and
17-14 goals for the public education system under Sections 4.001 and
17-15 [Section] 4.002;
17-16 (2) an evaluation of the status of education in the
17-17 state as reflected by the academic excellence indicators adopted
17-18 under Section 39.051;
17-19 (3) a summary compilation of overall student
17-20 performance on academic skills assessment instruments required by
17-21 Section 39.023 and the number of students exempted from the
17-22 administration of those instruments, aggregated by grade level,
17-23 subject area, campus, and district, with appropriate
17-24 interpretations and analysis, and disaggregated by race, ethnicity,
17-25 gender [sex], at-risk status as defined by Section 29.081(d), and
17-26 eligibility under the national free or reduced-price lunch program
18-1 established under 42 U.S.C. Section 1751 et seq. [socioeconomic
18-2 status];
18-3 (4) a summary compilation of the overall performance
18-4 of students placed in an alternative education program established
18-5 under Section 37.008 or a juvenile justice alternative education
18-6 program established under Section 37.011 on academic skills
18-7 assessment instruments required by Section 39.023 and the number of
18-8 those students exempted from the administration of those
18-9 instruments, aggregated by grade level, subject area, and program,
18-10 with appropriate interpretations and analysis, and disaggregated by
18-11 race, ethnicity, gender, and eligibility under the national free
18-12 or reduced-price lunch program established under 42 U.S.C. Section
18-13 1751 et seq.;
18-14 (5) an evaluation of the correlation between student
18-15 grades and student performance on academic skills assessment
18-16 instruments required by Section 39.023;
18-17 (6) [(5)] a statement of the dropout rate of students
18-18 in grade levels 7 through 12, expressed in the aggregate and by
18-19 grade level;
18-20 (7) a statement of:
18-21 (A) the completion rate of students who enter
18-22 grade level 9 and graduate not more than four years later;
18-23 (B) the completion rate of students who enter
18-24 grade level 9 and not more than four years later receive a high
18-25 school equivalency certificate; and
18-26 (C) the number and percentage of all students
19-1 who, four years after entering grade level 9, have not been
19-2 accounted for under Paragraph (A) or (B), are not enrolled in
19-3 school, and have no documented intent to enroll in a private
19-4 school, home school, or out-of-state school.
19-5 (8) [(6)] a statement of the projected cross-sectional
19-6 and longitudinal dropout rates for grade levels 9 [7] through 12
19-7 for the next five years, assuming no state action is taken to
19-8 reduce the dropout rate;
19-9 (9) [(7)] a description of a systematic, measurable
19-10 plan for reducing the projected cross-sectional and longitudinal
19-11 dropout rates to five percent or less for the 1997-1998 school year
19-12 and maintaining those dropout rates at that rate or reducing them
19-13 further for subsequent school years;
19-14 (10) [(8)] a summary of the information required by
19-15 Section 29.083 regarding grade level retention of students and
19-16 information concerning:
19-17 (A) the number of students retained;
19-18 (B) the number of students successfully
19-19 completing an alternative-to-retention program;
19-20 (C) the costs incurred by the state and each
19-21 school district as a result of student retention; and
19-22 (D) the academic achievement of retained
19-23 students in comparison with the academic achievement of students
19-24 participating in an alternative-to-retention program;
19-25 (11) information, aggregated by district type and
19-26 disaggregated by race, ethnicity, gender, at-risk status as defined
20-1 by Section 29.081(d), and eligibility under the national free or
20-2 reduced-price lunch program established under 42 U.S.C. Section
20-3 1751 et seq., on:
20-4 (A) the number of students placed in an
20-5 alternative education program established under Section 37.008 or a
20-6 juvenile justice alternative education program established under
20-7 Section 37.011;
20-8 (B) the average length of a student's placement
20-9 in an alternative education program or a juvenile justice
20-10 alternative education program;
20-11 (C) the academic performance of students in the
20-12 regular program after returning from placement in an alternative
20-13 education program or a juvenile justice alternative education
20-14 program; and
20-15 (D) the dropout rates of students placed in an
20-16 alternative education program or a juvenile justice alternative
20-17 education program;
20-18 (12) [(9)] a list of each school district or campus
20-19 that does not satisfy performance standards, with an explanation of
20-20 the actions taken by the commissioner to improve student
20-21 performance in the district or campus and an evaluation of the
20-22 results of those actions;
20-23 (13) [(10)] an evaluation of the status of the
20-24 curriculum taught in public schools, with recommendations for
20-25 legislative changes necessary to improve or modify the curriculum
20-26 required by Section 28.002;
21-1 (14) [(11)] a description of all funds received by and
21-2 each activity and expenditure of the agency;
21-3 (15) [(12)] a summary and analysis of the compliance
21-4 of school districts with administrative cost ratios set by the
21-5 commissioner under Section 42.201, including any improvements and
21-6 cost savings achieved by school districts;
21-7 (16) [(13)] a summary of the effect of deregulation,
21-8 including exemptions and waivers granted under Section 7.056 or
21-9 39.112;
21-10 (17) [(14)] a statement of the total number and length
21-11 of reports that school districts and school district employees must
21-12 submit to the agency, identifying which reports are required by
21-13 federal statute or rule, state statute, or agency rule, and a
21-14 summary of the agency's efforts to reduce overall reporting
21-15 requirements;
21-16 (18) the number of students who successfully completed
21-17 the curriculum requirements identified under Section 28.025(a) but
21-18 failed to perform satisfactorily on the assessment instruments
21-19 specified by that section, a dropout rate for those students, and
21-20 the number and percentage of those students who subsequently
21-21 performed satisfactorily on the required assessment instruments;
21-22 (19) information required under Section 39.183(2); and
21-23 (20) [(15)] any additional information considered
21-24 important by the commissioner or the State Board of Education.
21-25 (b) In reporting the information required by Subsection
21-26 (a)(3) or (4), the agency may separately aggregate the performance
22-1 data of students enrolled in a special education program under
22-2 Subchapter A, Chapter 29, or a bilingual education or special
22-3 language program under Subchapter B, Chapter 29.
22-4 SECTION 12. Subsection (a), Section 42.005, Education Code,
22-5 is amended to read as follows:
22-6 (a) In this chapter, average daily attendance is the
22-7 quotient of the sum of attendance for each day of the minimum
22-8 number of days of instruction as described under Section 25.081(a),
22-9 for each day that a school district in a county with a population
22-10 of 125,000 or less provides educational services to a student
22-11 expelled under Section 37.007(a), (d), or (e), and for each day
22-12 approved by the commissioner for an extended year program under
22-13 Section 29.082, divided by the minimum number of days of
22-14 instruction.
22-15 SECTION 13. Subsections (a) and (c), Section 42.152,
22-16 Education Code, are amended to read as follows:
22-17 (a) For each student who is educationally disadvantaged, who
22-18 is expelled under Section 37.007(a), (d), or (e) or who is a
22-19 student who does not have a disability and resides in a residential
22-20 placement facility in a district in which the student's parent or
22-21 legal guardian does not reside, a district is entitled to an annual
22-22 allotment equal to the adjusted basic allotment multiplied by 0.2,
22-23 and by 2.41 for each full-time equivalent student who is in an
22-24 accelerated [a remedial] and support program under Section 29.081
22-25 because the student is pregnant.
22-26 (c) Funds allocated under this section, other than an
23-1 indirect cost allotment established under State Board of Education
23-2 rule, which may not exceed 15 percent, may be used only to meet the
23-3 costs of [in] providing a compensatory education and accelerated
23-4 instruction program [programs] under Section 29.081, an alternative
23-5 education program established under Section 37.008, or a program
23-6 receiving federal assistance under Title I of the Elementary and
23-7 Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.)
23-8 and its subsequent amendments [and may only be spent to improve and
23-9 enhance programs and services funded under the regular education
23-10 program]. In meeting the costs of providing a compensatory
23-11 education and accelerated instruction program under Section 29.081,
23-12 a [A] district's compensatory education allotment may be used for
23-13 costs supplementary to the regular education program, such as costs
23-14 for program and student evaluation, instructional materials and
23-15 equipment and other supplies required for quality instruction,
23-16 supplemental staff expenses, salary for teachers of at-risk
23-17 students, smaller class size, and individualized instruction. Any
23-18 funds spent in connection with an alternative education program
23-19 established under Section 37.008 must be used to supplement and not
23-20 replace other district funds ordinarily expended on the program.
23-21 Any funds spent in connection with a program receiving federal
23-22 assistance under Title I of the Elementary and Secondary Education
23-23 Act of 1965 (20 U.S.C. Section 6301 et seq.) and its subsequent
23-24 amendments must be used in a manner that complies with the
23-25 requirement under that title that federal assistance supplement and
23-26 not supplant nonfederal funds. A home-rule school district or an
24-1 open-enrollment charter school must use funds allocated under
24-2 Subsection (a) for a purpose authorized in this subsection [to
24-3 provide compensatory education services] but is not otherwise
24-4 subject to Subchapter C, Chapter 29.
24-5 SECTION 14. Subsection (e), Section 53.02, Family Code, is
24-6 amended to read as follows:
24-7 (e) If [Unless otherwise agreed in the memorandum of
24-8 understanding under Section 37.011, Education Code, in a county
24-9 with a population greater than 125,000, if] a child being released
24-10 under this section is expelled under Section 37.007, Education
24-11 Code, the release shall be conditioned on the child's attending a
24-12 juvenile justice alternative education program or an educational
24-13 program provided under Section 37.007(h) or 37.011(l), Education
24-14 Code, pending a deferred prosecution or formal court disposition of
24-15 the child's case.
24-16 SECTION 15. Subsection (f), Section 54.01, Family Code, is
24-17 amended to read as follows:
24-18 (f) A [Unless otherwise agreed in the memorandum of
24-19 understanding under Section 37.011, Education Code, a] release may
24-20 be conditioned on requirements reasonably necessary to insure the
24-21 child's appearance at later proceedings, but the conditions of the
24-22 release must be in writing and a copy furnished to the child. If
24-23 [In a county with a population greater than 125,000, if] a child
24-24 being released under this section is expelled under Section 37.007,
24-25 Education Code, the release shall be conditioned on the child's
24-26 attending a juvenile justice alternative education program or an
25-1 educational program provided under Section 37.007(h) or 37.011(l),
25-2 Education Code, pending a deferred prosecution or formal court
25-3 disposition of the child's case.
25-4 SECTION 16. Section 39.185, Education Code, is repealed.
25-5 SECTION 17. (a) Except as otherwise provided by this
25-6 section, this Act takes effect immediately and applies beginning
25-7 with the 1999-2000 school year.
25-8 (b) Section 3 of this Act takes effect September 1, 1999,
25-9 and applies only to a fine collected in a case filed under Section
25-10 25.093, Education Code, as amended by this Act, on or after that
25-11 date. A fine collected in a case filed before that date is
25-12 governed by the law in effect on the date the case was filed, and
25-13 that law is continued in effect for that purpose.
25-14 (c) Sections 14 and 15 of this Act take effect September 1,
25-15 1999, and apply only to a release under Section 53.02 or 54.01,
25-16 Family Code, as amended by this Act, that occurs on or after that
25-17 date. A release that occurs before that date is governed by the
25-18 law in effect on the date of the release, and that law is continued
25-19 in effect for that purpose.
25-20 (d) Sections 10, 11, and 16 of this Act take effect
25-21 September 1, 1999.
25-22 SECTION 18. The importance of this legislation and the
25-23 crowded condition of the calendars in both houses create an
25-24 emergency and an imperative public necessity that the
25-25 constitutional rule requiring bills to be read on three several
25-26 days in each house be suspended, and this rule is hereby suspended,
26-1 and that this Act take effect and be in force according to its
26-2 terms, and it is so enacted.