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.