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.