SRC-SEW, MWN S.B. 702 77(R)BILL ANALYSIS Senate Research CenterS.B. 702 By: West, Royce Education 5/28/2001 Enrolled DIGEST AND PURPOSE Texas law defines a "student at risk of dropping out of school" by age rather than grade level for students in grade levels higher than seventh grade. This definition is used in determining portions of a school district's funding. S.B. 702 expands the definition of "student at risk of dropping out of school," and sets forth guidelines for administering and funding of a compensatory and accelerated instruction program in public schools. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the to the commissioner of education in SECTION 5 (Section 39.051, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Section 29.081, Education Code, to read as follows: Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. SECTION 2. Amends Section 29.081, Education Code, by amending Subsections (a), (c), and (d) and adding Subsection (g), as follows, (a) Requires each school district to use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Chapter 39B to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to be performing at grade level at the conclusion of the next regular school term. (c) Requires each school district to evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments administered under Chapter 39B, or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students. Deletes text regarding the dropout rate and increasing achievement in the categories of students listed under Subsection (d). (d) Sets forth requirements that constitute a "student at risk of dropping out of school." (g)Authorizes a student who satisfies local eligibility criteria adopted by the board of trustees of a school district, in addition to students described by Subsection (d), to receive instructional services under this section. Prohibits the number of students receiving services under this subsection during a school year from exceeding 10 percent of the number of students described by Subsection (d) who received services from the district during the preceding school year. SECTION 3. Amends Section 39.027(e), Education Code, to require the performance under the assessment system developed under this subsection of students to whom Subsection (a)(3) applies to be included in the academic excellence indicator system under Section 39.051, the performance report under Section 39.053, and the comprehensive annual, rather than biennial, report under Section 39.182. SECTION 4. Amends Section 39.051(b), Education Code, as amended by Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular Session, 1999, to require the indicators to be based on information that is disaggregated by race, ethnicity, gender (rather than sex), and socioeconomic status and requires the indicators to include certain information. SECTION 5. Amends Section 39.051, Education Code, by adding Subsection (g), to require the commissioner of education (commissioner) by rule to adopt accountability measures to be used in assessing the performance of students who have failed to perform satisfactorily in the preceding school year on an assessment instrument required under Section 39.023(a), (c), or (l). SECTION 6. Amends Section 39.053, Education Code, as amended by Chapter 510 and 1417, Acts of the 76th Legislature, Regular Session, 1999, delete text regarding an annual report. Makes conforming changes. SECTION 7. Amends Section 39.073(e), Education Code, to make a conforming change regarding factors in determining a district's accreditation rating. SECTION 8. Amends the heading to Section 39.182, Education Code, to read as follows: Sec. 39.182. COMPREHENSIVE ANNUAL REPORT. SECTION 9. Amends Sections 39.182(a) and (b), Education Code, as follows: (a) Requires the Texas Education Agency (agency), not later than December 1 of each year, to prepare and deliver to certain persons a comprehensive report covering the preceding school year (rather than two school years) and containing certain information. Authorizes the agency, in reporting certain information, to perform certain functions. (b) Adds a reference to new Subsection (a)(4). SECTION 10. Amends Section 39.185, Education Code, to delete text referencing Sections 39.182(a)(2), (3), (5), (6), (7), (9), (11), and (13). Makes nonsubstantive changes. SECTION 11. Amends Section 42.152, Education Code, by amending Subsections (b), (c), (s), and (t) and adding Subsections (r) and (u), as follows: (b) Provides that the number of educationally disadvantaged students is determined by in a certain manner. (c) Requires funds allocated under this section to be used only for certain purposes. Authorizes a district compensatory education allotment, in meeting the costs of providing a compensatory, intensive, or accelerated instruction program under Section 29.081, to be used only for certain costs. Requires a home-rule school district or an open-enrollment charter school to use funds allocated under Subsection (a) for a purpose authorized in this subsection, but provides that such a district or school is not otherwise subject to Chapter 29C. Deletes text regarding compensatory education services. Provides that notwithstanding any other provisions of this section certain limitations exist. (r) Requires the commissioner to grant a one-year exemption from the requirements of Subsection (g) to a school district in which the group of students who have failed to perform satisfactorily in the preceding school year on an assessment instrument required under Section 39.023(a), (c), or (l) subsequently performs on those assessment instruments at a level that meets or exceeds a level prescribed by commissioner rule. Requires the commissioner each year, based on the most recent information available, to determine if a school district is entitled to an exemption for the following school year and notify the district of that determination. (s) Provides that Subsection (r) applies beginning with the 2003-2004 school year. Provides that this subsection expires September 1, 2004. (t) Makes a nonsubstantive change. (u) Makes nonsubstantive changes. SECTION 12. (a) Makes application of this Act prospective beginning with the 2001-2002 school year, except as provided by this section. (b) Provides that Section 39.051(g), Education Code, as added by this Act, and Section 39.053(e), Education Code, as amended by this Act, apply beginning with the 2002-2003 school year. (c) Provides that Section 39.182, Education Code, as amended by this Act, applies beginning with the report required to be prepared not later than December 1, 2001, except that the Texas Education Agency is required to include information specified under Section 39.182(a)(8)(E), Education Code, as added by this Act, beginning with the report due December 1, 2004, and is required to include, to the extent available, alternative information relating to students who leave school in the reports due in 2001, 2002, and 2003. SECTION 13. Effective date: upon passage or September 1, 2001.