By Dutton H.B. No. 865 77R2143 ESH-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of basic skills academies in certain 1-3 school districts. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 29, Education Code, is amended by adding 1-6 Subchapter J to read as follows: 1-7 SUBCHAPTER J. BASIC SKILLS ACADEMIES 1-8 IN CERTAIN SCHOOL DISTRICTS 1-9 Sec. 29.351. APPLICABILITY OF SUBCHAPTER. This subchapter 1-10 applies only to a school district with an enrollment of at least 1-11 190,000 students on the last school day of the preceding school 1-12 year. 1-13 Sec. 29.352. DEFINITION. In this subchapter, "basic skills" 1-14 means reading, writing, and mathematics. 1-15 Sec. 29.353. BASIC SKILLS ACADEMIES REQUIRED. (a) A school 1-16 district shall establish a basic skills academy at each elementary 1-17 school that: 1-18 (1) has 20 or more students identified as eligible for 1-19 special education under Subchapter A; or 1-20 (2) is identified as low performing under Section 1-21 39.131(b). 1-22 (b) The academic program of a basic skills academy must 1-23 focus on basic skills. 1-24 (c) A basic skills academy shall serve students in grades 2-1 three through six. 2-2 Sec. 29.354. DIAGNOSTIC TESTING FOR BASIC SKILLS 2-3 PROFICIENCY; PLACEMENT IN BASIC SKILLS ACADEMY. (a) A school that 2-4 is required to have a basic skills academy shall administer a 2-5 diagnostic test to each student in the third grade to determine the 2-6 student's proficiency in basic skills. 2-7 (b) The agency shall establish a level of basic skills at 2-8 which each student in the third, fourth, fifth, or sixth grade must 2-9 be proficient. The board of trustees of a school district may 2-10 establish a level of basic skills that is different but not lower 2-11 than the level established by the agency. 2-12 (c) A school district shall place each student who does not 2-13 meet the applicable level of proficiency in basic skills in the 2-14 basic skills academy. 2-15 Sec. 29.355. PERIODIC TESTING OF STUDENTS IN BASIC SKILLS 2-16 ACADEMY. (a) A school district shall periodically test each 2-17 student in a basic skills academy to determine the student's 2-18 proficiency in basic skills. 2-19 (b) A school district shall return each student who meets 2-20 the applicable level of proficiency in basic skills to the regular 2-21 academic program. 2-22 Sec. 29.356. IDENTIFICATION OF STUDENTS IN BASIC SKILLS 2-23 ACADEMY. For purposes of accountability under Chapter 39, a school 2-24 district shall identify to the agency each student placed in a 2-25 basic skills academy. 2-26 Sec. 29.357. FUNDING OF BASIC SKILLS ACADEMY. (a) A school 2-27 district is entitled to state funding for basic skills academies in 3-1 addition to funding to which the district is entitled under Chapter 3-2 42. 3-3 (b) For each school year, a school district is entitled to 3-4 $4,000 in additional state funding for each student in a basic 3-5 skills academy. 3-6 (c) Funding under this section shall be derived from amounts 3-7 appropriated out of the net proceeds of the state lottery under 3-8 Chapter 466, Government Code. 3-9 Sec. 29.358. CONTRACT AUTHORITY. The board of trustees of a 3-10 school district may contract under Section 11.157 for the provision 3-11 of educational services to students placed in a basic skills 3-12 academy. 3-13 Sec. 29.359. EXPIRATION. This subchapter expires September 3-14 1, 2005. 3-15 SECTION 2. Section 39.051(b), Education Code, as amended by 3-16 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular 3-17 Session, 1999, is reenacted to read as follows: 3-18 (b) Performance on the indicators adopted under this section 3-19 shall be compared to state-established standards. The degree of 3-20 change from one school year to the next in performance on each 3-21 indicator adopted under this section shall also be considered. The 3-22 indicators must be based on information that is disaggregated with 3-23 respect to race, ethnicity, sex, and socioeconomic status and must 3-24 include: 3-25 (1) the results of assessment instruments required 3-26 under Sections 39.023(a), (c), and (l), aggregated by grade level 3-27 and subject area; 4-1 (2) dropout rates; 4-2 (3) student attendance rates; 4-3 (4) the percentage of graduating students who attain 4-4 scores on the secondary exit-level assessment instruments required 4-5 under Subchapter B that are equivalent to a passing score on the 4-6 test instrument required under Section 51.306; 4-7 (5) the percentage of graduating students who meet the 4-8 course requirements established for the recommended high school 4-9 program by State Board of Education rule; 4-10 (6) the results of the Scholastic Assessment Test 4-11 (SAT), the American College Test, articulated postsecondary degree 4-12 programs described by Section 61.852, and certified workforce 4-13 training programs described by Chapter 311, Labor Code; 4-14 (7) the number of students, aggregated by grade level, 4-15 provided accelerated instruction under Section 28.0211(c), the 4-16 results of assessments administered under that section, the number 4-17 of students promoted through the grade placement committee process 4-18 under Section 28.0211, the subject of the assessment instrument on 4-19 which each student failed to perform satisfactorily, and the 4-20 performance of those students in the school year following that 4-21 promotion on the assessment instruments required under Section 4-22 39.023; 4-23 (8) for students who have failed to perform 4-24 satisfactorily on an assessment instrument required under Section 4-25 39.023(a) or (c), the numerical progress of those students on 4-26 subsequent assessment instruments required under those sections, 4-27 aggregated by grade level and subject area; 5-1 (9) the percentage of students exempted, by exemption 5-2 category, from the assessment program generally applicable under 5-3 this subchapter; and 5-4 (10) any other indicator the State Board of Education 5-5 adopts. 5-6 SECTION 3. Section 39.053, Education Code, is amended by 5-7 adding Subsection (a-1) to read as follows: 5-8 (a-1) The annual report of a school district to which 5-9 Subchapter J, Chapter 29, applies must include the performance 5-10 rating of each basic skills academy as provided under Section 5-11 39.072(d). This subsection expires September 1, 2005. 5-12 SECTION 4. Section 39.072, Education Code, is amended by 5-13 adding Subsection (d) to read as follows: 5-14 (d) The agency shall evaluate against state standards and 5-15 shall report the performance of each basic skills academy 5-16 established under Subchapter J, Chapter 29, on the basis of the 5-17 academy's performance on the indicators adopted under Sections 5-18 39.051(b)(1) through (3), (9), and (10). Notwithstanding 5-19 Subsection (c), the performance of a campus that has a basic skills 5-20 academy is not based on students placed in the basic skills 5-21 academy. This subsection expires September 1, 2005. 5-22 SECTION 5. Section 42.152, Education Code, is amended by 5-23 adding Subsection (c-1) to read as follows: 5-24 (c-1) For purposes of Subsection (c), a basic skills academy 5-25 established under Subchapter J, Chapter 29, is considered to be an 5-26 accelerated instruction program under Section 29.081. This 5-27 subsection expires September 1, 2005. 6-1 SECTION 6. This Act takes effect September 1, 2001. 6-2 SECTION 7. Each school district to which Subchapter J, 6-3 Chapter 29, Education Code, as added by this Act, applies shall 6-4 establish basic skills academies as required by that subchapter not 6-5 later than the beginning of the 2002-2003 school year.