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.