77R12262 KKA-D
By Oliveira H.B. No. 970
Substitute the following for H.B. No. 970:
By Hochberg C.S.H.B. No. 970
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensatory, intensive, and accelerated education in
1-3 public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Section 29.081, Education Code, is
1-6 amended to read as follows:
1-7 Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED
1-8 INSTRUCTION.
1-9 SECTION 2. Section 29.081, Education Code, is amended by
1-10 amending Subsections (a), (c), and (d) and adding Subsections (g)
1-11 and (h) to read as follows:
1-12 (a) Each school district shall use the student performance
1-13 data resulting from the basic skills assessment instruments and
1-14 achievement tests administered under Subchapter B, Chapter 39, to
1-15 design and implement appropriate compensatory, intensive, or
1-16 accelerated instructional services for students in the district's
1-17 schools that enable the students to be performing at grade level at
1-18 the conclusion of the next regular school term.
1-19 (c) Each school district shall evaluate and document the
1-20 effectiveness of the accelerated instruction in reducing any
1-21 disparity in performance on assessment instruments administered
1-22 under Subchapter B, Chapter 39, or disparity in the rates of high
1-23 school completion between students at risk of dropping out of
1-24 school and all other district students [the dropout rate and in
2-1 increasing achievement in the categories of students listed under
2-2 Subsection (d)].
2-3 (d) For purposes of this section, "student at risk of
2-4 dropping out of school" includes[:]
2-5 [(1)] each student, other than a student eligible to
2-6 participate in a district's special education program under Section
2-7 29.003, [in grade levels 7 through 12] who is under 21 years of age
2-8 and who:
2-9 (1) [(A)] was not advanced from one grade level to the
2-10 next for one [two] or more school years;
2-11 (2) if the student is in grade 7, 8, 9, 10, 11, or 12,
2-12 [(B) has mathematics or reading skills that are two or more years
2-13 below grade level;]
2-14 [(C)] did not maintain an average equivalent to
2-15 70 on a scale of 100 in two or more subjects in the foundation
2-16 curriculum [courses] during a semester in the preceding or current
2-17 school year, or is not maintaining such an average in two or more
2-18 subjects in the foundation curriculum [courses] in the current
2-19 semester[, and is not expected to graduate within four years of the
2-20 date the student begins ninth grade];
2-21 (3) [(D)] did not perform satisfactorily on an
2-22 assessment instrument administered to the student under Subchapter
2-23 B, Chapter 39, and who has not in the previous or current school
2-24 year subsequently performed on that instrument or another
2-25 appropriate instrument at a level equal to at least 110 percent of
2-26 the level of satisfactory performance on that instrument; [or]
2-27 (4) if the student is in prekindergarten,
3-1 kindergarten, or grade 1, 2, or 3, did not perform satisfactorily
3-2 on a readiness test or assessment instrument administered during
3-3 the current school year;
3-4 (5) [(E)] is pregnant or is a parent;
3-5 (6) has been placed in an alternative education
3-6 program in accordance with Section 37.006 during the preceding or
3-7 current school year;
3-8 (7) has been expelled in accordance with Section
3-9 37.007 during the preceding or current school year;
3-10 (8) is currently on parole, probation, deferred
3-11 prosecution, or other conditional release;
3-12 (9) was previously reported through the Public
3-13 Education Information Management System (PEIMS) to have dropped out
3-14 of school;
3-15 (10) [(2) each student in prekindergarten through
3-16 grade 6 who:]
3-17 [(A) did not perform satisfactorily on a
3-18 readiness test or assessment instrument administered at the
3-19 beginning of the school year;]
3-20 [(B) did not perform satisfactorily on an
3-21 assessment instrument administered under Subchapter B, Chapter 39;]
3-22 [(C)] is a student of limited English
3-23 proficiency, as defined by Section 29.052;
3-24 (11) is in the custody or care of the Department of
3-25 Protective and Regulatory Services or has, during the current
3-26 school year, been referred to the department by a school official,
3-27 officer of the juvenile court, or law enforcement official;
4-1 (12) is homeless, as defined by 42 U.S.C. Section
4-2 11302 and its subsequent amendments; or
4-3 (13) resided in the preceding school year or [(D) is
4-4 sexually, physically, or psychologically abused; or]
4-5 [(E) engages in conduct described by Section
4-6 51.03(a), Family Code; and]
4-7 [(3) each student who is not disabled and who] resides
4-8 in the current school year in a residential placement facility in
4-9 the [a] district [in which the student's parent or legal guardian
4-10 does not reside], including a detention facility, substance abuse
4-11 treatment facility, emergency shelter, psychiatric hospital,
4-12 halfway house, or foster family group home.
4-13 (g) A student eligible to participate in a district's
4-14 special education program under Section 29.003 may receive
4-15 instructional services under this section if receipt of those
4-16 services is determined to be appropriate by the student's
4-17 admission, review, and dismissal committee.
4-18 (h) In addition to students described by Subsection (d), a
4-19 student who satisfies local eligibility criteria adopted by the
4-20 board of trustees of a school district may receive instructional
4-21 services under this section. The number of students receiving
4-22 services under this subsection during a school year may not exceed
4-23 10 percent of the number of students described by Subsection (d)
4-24 who received services from the district during the preceding school
4-25 year.
4-26 SECTION 3. Section 39.027(e), Education Code, is amended to
4-27 read as follows:
5-1 (e) The commissioner shall develop an assessment system that
5-2 shall be used for evaluating the academic progress, including
5-3 reading proficiency in English, of all students of limited English
5-4 proficiency, as defined by Section 29.052. The performance under
5-5 the assessment system developed under this subsection of students
5-6 to whom Subsection (a)(3) applies shall be included in the academic
5-7 excellence indicator system under Section 39.051, the performance
5-8 report under Section 39.053, and the comprehensive annual
5-9 [biennial] report under Section 39.182.
5-10 SECTION 4. Section 39.051(b), Education Code, as amended by
5-11 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
5-12 Session, 1999, is reenacted and amended to read as follows:
5-13 (b) Performance on the indicators adopted under this section
5-14 shall be compared to state-established standards. The degree of
5-15 change from one school year to the next in performance on each
5-16 indicator adopted under this section shall also be considered. The
5-17 indicators must be based on information that is disaggregated by
5-18 [with respect to] race, ethnicity, gender [sex], and socioeconomic
5-19 status and must include:
5-20 (1) the results of assessment instruments required
5-21 under Sections 39.023(a), (c), and (l), aggregated by grade level
5-22 and subject area;
5-23 (2) dropout and completion rates;
5-24 (3) student attendance rates;
5-25 (4) the percentage of graduating students who attain
5-26 scores on the secondary exit-level assessment instruments required
5-27 under Subchapter B that are equivalent to a passing score on the
6-1 test instrument required under Section 51.306;
6-2 (5) the percentage of graduating students who meet the
6-3 course requirements established for the recommended high school
6-4 program by State Board of Education rule;
6-5 (6) the results of the Scholastic Assessment Test
6-6 (SAT), the American College Test (ACT), articulated postsecondary
6-7 degree programs described by Section 61.852, and certified
6-8 workforce training programs described by Chapter 311, Labor Code;
6-9 (7) the percentage [number] of students, aggregated by
6-10 grade level, provided accelerated instruction under Section
6-11 28.0211(c), the results of assessments administered under that
6-12 section, the percentage [number] of students promoted through the
6-13 grade placement committee process under Section 28.0211, the
6-14 subject of the assessment instrument on which each student failed
6-15 to perform satisfactorily, and the performance of those students in
6-16 the school year following that promotion on the assessment
6-17 instruments required under Section 39.023;
6-18 (8) for students who have failed to perform
6-19 satisfactorily on an assessment instrument required under Section
6-20 39.023(a) or (c), the numerical progress of those students on
6-21 subsequent assessment instruments required under those sections,
6-22 aggregated by grade level and subject area;
6-23 (9) the percentage of students exempted, by exemption
6-24 category, from the assessment program generally applicable under
6-25 this subchapter; and
6-26 (10) any other indicator the State Board of Education
6-27 adopts.
7-1 SECTION 5. Section 39.051, Education Code, is amended by
7-2 adding Subsection (g) to read as follows:
7-3 (g) The commissioner by rule shall adopt accountability
7-4 measures to be used in assessing the progress of students who have
7-5 failed to perform satisfactorily in the preceding school year on an
7-6 assessment instrument required under Section 39.023(a), (c), or
7-7 (l).
7-8 SECTION 6. Section 39.053, Education Code, as amended by
7-9 Chapters 510 and 1417, Acts of the 76th Legislature, Regular
7-10 Session, 1999, is reenacted and amended to read as follows:
7-11 Sec. 39.053. PERFORMANCE REPORT. (a) Each board of trustees
7-12 shall publish an annual report describing the educational
7-13 performance of the district and of each campus in the district that
7-14 includes uniform student performance and descriptive information as
7-15 determined under rules adopted by the commissioner. The annual
7-16 report must also include:
7-17 (1) campus performance objectives established under
7-18 Section 11.253 and the progress of each campus toward those
7-19 objectives, which shall be available to the public;
7-20 (2) the performance rating for the district as
7-21 provided under Section 39.072(a) and the performance rating of each
7-22 campus in the district as provided under Section 39.072(c); [and]
7-23 (3) the district's current special education
7-24 compliance status with the agency;
7-25 (4) [. In addition, the annual report must include] a
7-26 statement of the number, rate, and type of violent or criminal
7-27 incidents that occurred on each district campus, to the extent
8-1 permitted under the Family Educational Rights and Privacy Act of
8-2 1974 (20 U.S.C. Section 1232g);
8-3 (5) [,] information concerning school violence
8-4 prevention and violence intervention policies and procedures that
8-5 the district is using to protect students; [,] and
8-6 (6) the findings that result from evaluations
8-7 conducted under the Safe and Drug-Free Schools and Communities Act
8-8 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
8-9 amendments.
8-10 (b) Supplemental information to be included in the reports
8-11 shall be determined by the board of trustees. Performance
8-12 information in the annual reports on the indicators established
8-13 under Section 39.051 and descriptive information required by this
8-14 section shall be provided by the agency.
8-15 (c) The board of trustees shall hold a hearing for public
8-16 discussion of the report. The board of trustees shall give notice
8-17 of the hearing to property owners in the district and parents,
8-18 guardians, conservators, and other persons having lawful control of
8-19 a district student. The notification must include notice to a
8-20 newspaper of general circulation in the district and notice to
8-21 electronic media serving the district. After the hearing the
8-22 report shall be widely disseminated within the district in a manner
8-23 to be determined under rules adopted by the commissioner.
8-24 (d) The report must also include a comparison provided by
8-25 the agency of:
8-26 (1) the performance of each campus to its previous
8-27 performance and to state-established standards;
9-1 (2) the performance of each district to its previous
9-2 performance and to state-established standards; and
9-3 (3) the performance of each campus or district to
9-4 comparable improvement.
9-5 (e) The report may include the following information:
9-6 (1) student information, including total enrollment,
9-7 enrollment by ethnicity, socioeconomic [economic] status, and grade
9-8 groupings and retention rates;
9-9 (2) financial information, including revenues and
9-10 expenditures;
9-11 (3) staff information, including number and type of
9-12 staff by gender [sex], ethnicity, years of experience, and highest
9-13 degree held, teacher and administrator salaries, and teacher
9-14 turnover;
9-15 (4) program information, including student enrollment
9-16 by program, teachers by program, and instructional operating
9-17 expenditures by program; and
9-18 (5) the number of students placed in an alternative
9-19 education program under Chapter 37.
9-20 (f) The State Board of Education by rule shall authorize the
9-21 combination of this report with other reports and financial
9-22 statements and shall restrict the number and length of reports that
9-23 school districts, school district employees, and school campuses
9-24 are required to prepare.
9-25 (g) The report must include a statement of the amount, if
9-26 any, of the school district's unencumbered surplus fund balance as
9-27 of the last day of the preceding fiscal year and the percentage of
10-1 the preceding year's budget that the surplus represents.
10-2 SECTION 7. Section 39.073(e), Education Code, is amended to
10-3 read as follows:
10-4 (e) In determining a district's accreditation rating, the
10-5 agency shall consider:
10-6 (1) the district's current special education
10-7 compliance status with the agency; and
10-8 (2) the progress of students who have failed to
10-9 perform satisfactorily in the preceding school year on an
10-10 assessment instrument required under Section 39.023(a), (c), or
10-11 (l).
10-12 SECTION 8. The heading to Section 39.182, Education Code, is
10-13 amended to read as follows:
10-14 Sec. 39.182. COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
10-15 SECTION 9. Sections 39.182(a) and (b), Education Code, are
10-16 amended to read as follows:
10-17 (a) Not later than December 1 of each year, the [The] agency
10-18 shall prepare and deliver to the governor, the lieutenant governor,
10-19 the speaker of the house of representatives, each member of the
10-20 legislature, the Legislative Budget Board, and the clerks of the
10-21 standing committees of the senate and house of representatives with
10-22 primary jurisdiction over the public school system a comprehensive
10-23 report covering the preceding [two] school year [years] and
10-24 containing:
10-25 (1) an evaluation of the achievements of the state
10-26 educational program in relation to the statutory goals for the
10-27 public education system under Section 4.002;
11-1 (2) an evaluation of the status of education in the
11-2 state as reflected by the academic excellence indicators adopted
11-3 under Section 39.051;
11-4 (3) a summary compilation of overall student
11-5 performance on academic skills assessment instruments required by
11-6 Section 39.023 with the number and percentage of students exempted
11-7 from the administration of those instruments and the basis of the
11-8 exemptions, aggregated by grade level, subject area, campus, and
11-9 district, and with appropriate interpretations and analysis, and
11-10 disaggregated by race, ethnicity, gender [sex], and socioeconomic
11-11 status;
11-12 (4) a summary compilation of overall performance of
11-13 students placed in an alternative education program established
11-14 under Section 37.008 on academic skills assessment instruments
11-15 required by Section 39.023 with the number of those students
11-16 exempted from the administration of those instruments and the basis
11-17 of the exemptions, aggregated by district, grade level, and subject
11-18 area, with appropriate interpretations and analysis, and
11-19 disaggregated by race, ethnicity, gender, and socioeconomic status;
11-20 (5) a summary compilation of overall performance of
11-21 students at risk of dropping out of school, as defined by Section
11-22 29.081(d), on academic skills assessment instruments required by
11-23 Section 39.023 with the number of those students exempted from the
11-24 administration of those instruments and the basis of the
11-25 exemptions, aggregated by district, grade level, and subject area,
11-26 with appropriate interpretations and analysis, and disaggregated by
11-27 race, ethnicity, gender, and socioeconomic status;
12-1 (6) an evaluation of the correlation between student
12-2 grades and student performance on academic skills assessment
12-3 instruments required by Section 39.023;
12-4 (7) [(5)] a statement of the dropout rate of students
12-5 in grade levels 7 through 12, expressed in the aggregate and by
12-6 grade level;
12-7 (8) a statement of:
12-8 (A) the completion rate of students who enter
12-9 grade level 9 and graduate not more than four years later;
12-10 (B) the completion rate of students who enter
12-11 grade level 9 and graduate, including students who require more
12-12 than four years to graduate;
12-13 (C) the completion rate of students who enter
12-14 grade level 9 and not more than four years later receive a high
12-15 school equivalency certificate;
12-16 (D) the completion rate of students who enter
12-17 grade level 9 and receive a high school equivalency certificate,
12-18 including students who require more than four years to receive a
12-19 certificate; and
12-20 (E) the number and percentage of all students
12-21 who have not been accounted for under Paragraph (A), (B), (C), or
12-22 (D);
12-23 (9) [(6)] a statement of the projected cross-sectional
12-24 and longitudinal dropout rates for grade levels 9 [7] through 12
12-25 for the next five years, assuming no state action is taken to
12-26 reduce the dropout rate;
12-27 (10) [(7)] a description of a systematic, measurable
13-1 plan for reducing the projected cross-sectional and longitudinal
13-2 dropout rates to five percent or less for the 1997-1998 school
13-3 year;
13-4 (11) [(8)] a summary of the information required by
13-5 Section 29.083 regarding grade level retention of students and
13-6 information concerning:
13-7 (A) the number and percentage of students
13-8 retained; and
13-9 (B) the performance of retained students on
13-10 assessment instruments required under Section 39.023(a);
13-11 (12) information, aggregated by district type and
13-12 disaggregated by race, ethnicity, gender, and socioeconomic status,
13-13 on:
13-14 (A) the number of students placed in an
13-15 alternative education program established under Section 37.008;
13-16 (B) the average length of a student's placement
13-17 in an alternative education program established under Section
13-18 37.008;
13-19 (C) the academic performance of students on
13-20 assessment instruments required under Section 39.023(a) during the
13-21 year preceding and during the year following placement in an
13-22 alternative education program; and
13-23 (D) the dropout rates of students who have been
13-24 placed in an alternative education program established under
13-25 Section 37.008;
13-26 (13) [(9)] a list of each school district or campus
13-27 that does not satisfy performance standards, with an explanation of
14-1 the actions taken by the commissioner to improve student
14-2 performance in the district or campus and an evaluation of the
14-3 results of those actions;
14-4 (14) [(10)] an evaluation of the status of the
14-5 curriculum taught in public schools, with recommendations for
14-6 legislative changes necessary to improve or modify the curriculum
14-7 required by Section 28.002;
14-8 (15) [(11)] a description of all funds received by and
14-9 each activity and expenditure of the agency;
14-10 (16) [(12)] a summary and analysis of the compliance
14-11 of school districts with administrative cost ratios set by the
14-12 commissioner under Section 42.201, including any improvements and
14-13 cost savings achieved by school districts;
14-14 (17) [(13)] a summary of the effect of deregulation,
14-15 including exemptions and waivers granted under Section 7.056 or
14-16 39.112;
14-17 (18) [(14)] a statement of the total number and length
14-18 of reports that school districts and school district employees must
14-19 submit to the agency, identifying which reports are required by
14-20 federal statute or rule, state statute, or agency rule, and a
14-21 summary of the agency's efforts to reduce overall reporting
14-22 requirements;
14-23 (19) [(15)] a list of each school district that is not
14-24 in compliance with state special education requirements, including:
14-25 (A) the period for which the district has not
14-26 been in compliance;
14-27 (B) the manner in which the agency considered
15-1 the district's failure to comply in determining the district's
15-2 accreditation status; and
15-3 (C) an explanation of the actions taken by the
15-4 commissioner to ensure compliance and an evaluation of the results
15-5 of those actions;
15-6 (20) a comparison of the performance of
15-7 open-enrollment charter schools and school districts on the
15-8 academic excellence indicators specified in Section 39.051(b) and
15-9 accountability measures adopted under Section 39.051(g), with a
15-10 separately aggregated comparison of the performance of
15-11 open-enrollment charter schools predominantly serving students at
15-12 risk of dropping out of school, as defined by Section 29.081(d),
15-13 with the performance of school districts; and
15-14 (21) [(16)] any additional information considered
15-15 important by the commissioner or the State Board of Education.
15-16 (b) In reporting the information required by Subsection
15-17 (a)(3) or (4), the agency may separately aggregate the performance
15-18 data of students enrolled in a special education program under
15-19 Subchapter A, Chapter 29, or a bilingual education or special
15-20 language program under Subchapter B, Chapter 29.
15-21 SECTION 10. Section 39.185, Education Code, is amended to
15-22 read as follows:
15-23 Sec. 39.185. INTERIM REPORT. Not later than December 1 of
15-24 each odd-numbered year, the agency shall prepare and deliver to the
15-25 governor, the lieutenant governor, the speaker of the house of
15-26 representatives, each member of the legislature, the Legislative
15-27 Budget Board, and the clerks of the standing committees of the
16-1 senate and house of representatives with primary jurisdiction over
16-2 the public school system an interim report containing, for the
16-3 previous school year, the information required by[:]
16-4 [(1) Sections 39.182(a)(2), (3), (5), (6), (7), (9),
16-5 (11), and (13); and]
16-6 [(2)] Section 39.183(2).
16-7 SECTION 11. Section 42.152, Education Code, is amended by
16-8 amending Subsections (c), (s), and (t) and adding Subsections (r)
16-9 and (u) to read as follows:
16-10 (c) Funds allocated under this section shall be used only to
16-11 fund supplemental programs and services designed to eliminate any
16-12 disparity in performance on assessment instruments administered
16-13 under Subchapter B, Chapter 39, or disparity in the rates of high
16-14 school completion between students at risk of dropping out of
16-15 school, as defined by Section 29.081, and all other students.
16-16 Specifically, the funds, other than an indirect cost allotment
16-17 established under State Board of Education rule, which may not
16-18 exceed 15 percent, may be used only to meet the costs of [in]
16-19 providing a compensatory, intensive, or [education and] accelerated
16-20 instruction program [programs] under Section 29.081 or an
16-21 alternative education program established under Section 37.008 or
16-22 to support a program eligible under Title I of the Elementary and
16-23 Secondary Education Act of 1965, as provided by Pub. L. No. 103-382
16-24 and its subsequent amendments, and by federal regulations
16-25 implementing that Act [and may only be spent to improve and enhance
16-26 programs and services funded under the regular education program].
16-27 In meeting the costs of providing a compensatory, intensive, or
17-1 accelerated instruction program under Section 29.081, a [A]
17-2 district's compensatory education allotment may be used only for
17-3 costs supplementary to the regular education program, such as costs
17-4 for program and student evaluation, instructional materials and
17-5 equipment and other supplies required for quality instruction,
17-6 supplemental staff expenses, salary for teachers of at-risk
17-7 students, smaller class size, and individualized instruction. A
17-8 home-rule school district or an open-enrollment charter school must
17-9 use funds allocated under Subsection (a) for a purpose authorized
17-10 in this subsection, [to provide compensatory education services]
17-11 but is not otherwise subject to Subchapter C, Chapter 29.
17-12 (r) The commissioner shall grant a one-year exemption from
17-13 the requirements of Subsection (q) to a school district in which
17-14 the group of students who have failed to perform satisfactorily in
17-15 the preceding school year on an assessment instrument required
17-16 under Section 39.023(a), (c), or (l) subsequently performs on those
17-17 assessment instruments at a level that meets or exceeds a level
17-18 prescribed by commissioner rule. Each year the commissioner, based
17-19 on the most recent information available, shall determine if a
17-20 school district is entitled to an exemption for the following
17-21 school year and notify the district of that determination.
17-22 (s) Subsection (r) applies beginning with the 2003-2004
17-23 school year. This subsection expires September 1, 2004.
17-24 (t) A reduction made under this section or the General
17-25 Appropriations Act in the allotment under this section does not
17-26 affect the computation of students in weighted average daily
17-27 attendance for purposes of Subchapter F.
18-1 (u) [(t)] For each year of a state fiscal biennium, the
18-2 commissioner shall reduce the guaranteed level of state and local
18-3 funds per weighted student per cent of tax effort under Section
18-4 42.302 by an amount sufficient to reduce state costs in an amount
18-5 equal to the increase in state costs due to the application of
18-6 Subsection (t) [(s)]. The commissioner shall determine the same
18-7 reduction for each year and shall announce the determination as
18-8 soon as practicable after August 1 preceding the beginning of the
18-9 biennium. A determination by the commissioner under this section
18-10 is final and may not be appealed.
18-11 SECTION 12. (a) Using funds specifically appropriated for
18-12 that purpose, the commissioner of education shall form a committee
18-13 to conduct a study and detailed analysis of:
18-14 (1) effective public education compensatory education
18-15 programs for students receiving services under Section 29.081,
18-16 Education Code, or Title I of the Elementary and Secondary
18-17 Education Act of 1965 (20 U.S.C. Section 6301 et seq.); and
18-18 (2) effective higher education developmental programs
18-19 delivered under Section 51.306, Education Code.
18-20 (b) The committee formed by the commissioner of education
18-21 under Subsection (a) of this section shall organize and administer
18-22 the study required by this section. The committee must be composed
18-23 of:
18-24 (1) at least one representative of each of the
18-25 following agencies:
18-26 (A) the Legislative Budget Board;
18-27 (B) the Texas Education Agency;
19-1 (C) the office of the state auditor;
19-2 (D) the office of the comptroller; and
19-3 (E) the Texas Higher Education Coordinating
19-4 Board;
19-5 (2) two representatives of the general public selected
19-6 by the chair of the Senate Committee on Education;
19-7 (3) one representative of the general public selected
19-8 by the chair of the House Committee on Public Education;
19-9 (4) one representative of the general public selected
19-10 by the chair of the House Committee on Higher Education; and
19-11 (5) three educators selected by the commissioner of
19-12 education, one of whom must be a classroom teacher, and one of whom
19-13 must be an administrator.
19-14 (c) In conducting the study required by this section, the
19-15 committee shall use data collected through the Public Education
19-16 Information Management System (PEIMS), data collected by the Texas
19-17 Higher Education Coordinating Board, and program evaluations
19-18 conducted by the Texas Education Agency and the Texas Higher
19-19 Education Coordinating Board of a variety of effective compensatory
19-20 and developmental programs operated in a wide range of schools and
19-21 institutions of higher education across the state.
19-22 (d) Using information collected locally, the study shall
19-23 examine compensatory and developmental programs, including cost
19-24 elements of those programs, in a manner that allows comparison
19-25 between similar schools and types of students.
19-26 (e) Not later than December 1, 2002, the committee shall
19-27 submit to the legislature a report of the results of the study.
20-1 (f) The committee is abolished and this section expires
20-2 January 1, 2003.
20-3 SECTION 13. (a) Except as otherwise provided by this
20-4 section, this Act applies beginning with the 2001-2002 school year.
20-5 (b) Section 39.051(g), Education Code, as added by this Act,
20-6 and Section 39.053(e), Education Code, as amended by this Act,
20-7 apply beginning with the 2003-2004 school year.
20-8 (c) Section 39.182, Education Code, as amended by this Act,
20-9 applies beginning with the report required to be prepared not later
20-10 than December 1, 2001, except that the Texas Education Agency shall
20-11 include information specified under Section 39.182(a)(8)(E),
20-12 Education Code, as added by this Act, beginning with the report due
20-13 December 1, 2004, and shall include, to the extent available,
20-14 alternative information relating to students who leave school in
20-15 the reports due in 2001, 2002, and 2003.
20-16 SECTION 14. This Act takes effect immediately if it receives
20-17 a vote of two-thirds of all the members elected to each house, as
20-18 provided by Section 39, Article III, Texas Constitution. If this
20-19 Act does not receive the vote necessary for immediate effect, this
20-20 Act takes effect September 1, 2001.