By Oliveira H.B. No. 970
77R3536 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensatory education and accelerated instruction in
1-3 public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 29.081, Education Code, is amended by
1-6 amending Subsections (c) and (d) and adding Subsections (g) and (h)
1-7 to read as follows:
1-8 (c) Each school district shall evaluate and document the
1-9 effectiveness of the accelerated instruction in reducing any
1-10 disparity between students at risk of dropping out of school and
1-11 all other district students in:
1-12 (1) performance on assessment instruments administered
1-13 under Subchapter B, Chapter 39; and
1-14 (2) the rates of high school completion or receipt of
1-15 a high school equivalency certificate [the dropout rate and in
1-16 increasing achievement in the categories of students listed under
1-17 Subsection (d)].
1-18 (d) For purposes of this section, "student at risk of
1-19 dropping out of school" includes[:]
1-20 [(1)] each student [in grade levels 7 through 12] who
1-21 is under 21 years of age, is not eligible for a district's special
1-22 education program under Section 29.003, and [who]:
1-23 (1) [(A)] was not advanced from one grade level to the
1-24 next for two or more school years;
2-1 (2) [(B)] has mathematics or reading skills that are
2-2 two or more years below grade level;
2-3 (3) [(C)] did not maintain an average equivalent to 70
2-4 on a scale of 100 in two or more courses in the foundation
2-5 curriculum as prescribed under Section 28.002 during a semester in
2-6 the preceding school year[,] or does [is] not maintain
2-7 [maintaining] such an average in two or more courses in the
2-8 foundation curriculum during a semester in the current school year
2-9 [semester, and is not expected to graduate within four years of the
2-10 date the student begins ninth grade];
2-11 (4) [(D)] did not perform satisfactorily on an
2-12 assessment instrument administered to the student under Section
2-13 39.023(a), (b), (c), or (l) during a school year and, during the
2-14 two following school years, did not achieve a score equal to at
2-15 least 105 percent of the score considered to be satisfactory
2-16 performance on one of those assessment instruments;
2-17 (5) [under Subchapter B, Chapter 39; or]
2-18 [(E)] is pregnant or is a parent;
2-19 (6) is a [(2) each] student in prekindergarten,
2-20 kindergarten, or [through] grade one, two, or three [6] who[:]
2-21 [(A)] did not perform satisfactorily on a
2-22 readiness test or assessment instrument administered during [at the
2-23 beginning of] the school year;
2-24 (7) [(B) did not perform satisfactorily on an
2-25 assessment instrument administered under Subchapter B, Chapter 39;]
2-26 [(C)] is a student of limited English
2-27 proficiency, as defined by Section 29.052;
3-1 (8) is a [(D) is sexually, physically, or
3-2 psychologically abused; or]
3-3 [(E) engages in conduct described by Section
3-4 51.03(a), Family Code; and]
3-5 [(3) each] student who, in the preceding school year
3-6 resided or in the current school year [is not disabled and who]
3-7 resides, in a residential placement facility [in a district in
3-8 which the student's parent or legal guardian does not reside],
3-9 including a detention facility, substance abuse treatment facility,
3-10 emergency shelter, psychiatric hospital, halfway house, or foster
3-11 family group home;
3-12 (9) was, in the preceding school year, or is, in the
3-13 current school year, removed to an alternative education program
3-14 under Section 37.006 or expelled under Section 37.007;
3-15 (10) is currently released on parole or under
3-16 supervision, placed under community supervision or on probation,
3-17 placed on deferred adjudication, or released under another type of
3-18 conditional release;
3-19 (11) has been reported in the Public Education
3-20 Information Management System (PEIMS) as being a dropout or as
3-21 having failed during the preceding school year or failing during
3-22 the current school year to attend a class for at least 90 percent
3-23 of the days the class is offered without an exemption under Section
3-24 25.086 or an excuse accepted under Section 25.087;
3-25 (12) is in the custody or care of the Department of
3-26 Protective and Regulatory Services or, during the current school
3-27 year, is referred to that department by a school or law enforcement
4-1 official or a juvenile court officer; or
4-2 (13) is homeless, as defined by 42 U.S.C. Section
4-3 11302 and its subsequent amendments.
4-4 (g) A student eligible for a special education program under
4-5 Section 29.003 is entitled to receive services and participate in a
4-6 program under this section as determined by the committee
4-7 established under Section 29.005.
4-8 (h) In addition to the criteria provided under this section,
4-9 the board of trustees of a school district may adopt criteria for
4-10 identifying students eligible for programs or services under this
4-11 section. Not more than 10 percent of the number of students
4-12 identified during the preceding school year under Subsection (d) as
4-13 students at risk of dropping out of school may be identified as
4-14 eligible for programs or services under this section using the
4-15 criteria adopted under this subsection. A student identified using
4-16 the criteria adopted under this subsection is not considered to be
4-17 educationally disadvantaged or a student at risk of dropping out of
4-18 school for purposes of Section 39.051(b), 39.053(d), 39.182(a), or
4-19 42.152(a).
4-20 SECTION 2. Section 39.051(b), Education Code, as amended by
4-21 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
4-22 Session, 1999, is reenacted and amended to read as follows:
4-23 (b) Performance on the indicators adopted under this section
4-24 shall be compared to state-established standards. The degree of
4-25 change from one school year to the next in performance on each
4-26 indicator adopted under this section shall also be considered. The
4-27 indicators must be based on information that is disaggregated with
5-1 respect to race, ethnicity, sex, [and] socioeconomic status, and
5-2 identification as a student at risk of dropping out of school as
5-3 determined under Section 29.081(d) and must include:
5-4 (1) the results of assessment instruments required
5-5 under Sections 39.023(a), (c), and (l), aggregated by grade level
5-6 and subject area;
5-7 (2) dropout rates;
5-8 (3) student attendance rates;
5-9 (4) the percentage of graduating students who attain
5-10 scores on the secondary exit-level assessment instruments required
5-11 under Subchapter B that are equivalent to a passing score on the
5-12 test instrument required under Section 51.306;
5-13 (5) the percentage of graduating students who meet the
5-14 course requirements established for the recommended high school
5-15 program by State Board of Education rule;
5-16 (6) the results of the Scholastic Assessment Test
5-17 (SAT), the American College Test, articulated postsecondary degree
5-18 programs described by Section 61.852, and certified workforce
5-19 training programs described by Chapter 311, Labor Code;
5-20 (7) the number of students, aggregated by grade level,
5-21 provided accelerated instruction under Section 28.0211(c), the
5-22 results of assessments administered under that section, the number
5-23 of students promoted through the grade placement committee process
5-24 under Section 28.0211, the subject of the assessment instrument on
5-25 which each student failed to perform satisfactorily, and the
5-26 performance of those students in the school year following that
5-27 promotion on the assessment instruments required under Section
6-1 39.023;
6-2 (8) for students who have failed to perform
6-3 satisfactorily on an assessment instrument required under Section
6-4 39.023(a) or (c), the numerical progress of those students on
6-5 subsequent assessment instruments required under those sections,
6-6 aggregated by grade level and subject area;
6-7 (9) the percentage of students exempted, by exemption
6-8 category, from the assessment program generally applicable under
6-9 this subchapter; and
6-10 (10) any other indicator the State Board of Education
6-11 adopts.
6-12 SECTION 3. Section 39.053, Education Code, as amended by
6-13 Chapters 510 and 1417, Acts of the 76th Legislature, Regular
6-14 Session, 1999, is reenacted and amended to read as follows:
6-15 Sec. 39.053. PERFORMANCE REPORT. (a) Each board of trustees
6-16 shall publish an annual report describing the educational
6-17 performance of the district and of each campus in the district that
6-18 includes uniform student performance and descriptive information as
6-19 determined under rules adopted by the commissioner. The annual
6-20 report must also include:
6-21 (1) campus performance objectives established under
6-22 Section 11.253 and the progress of each campus toward those
6-23 objectives, which shall be available to the public;
6-24 (2) the performance rating for the district as
6-25 provided under Section 39.072(a) and the performance rating of each
6-26 campus in the district as provided under Section 39.072(c); [and]
6-27 (3) the district's current special education
7-1 compliance status with the agency;
7-2 (4) [. In addition, the annual report must include] a
7-3 statement of the number, rate, and type of violent or criminal
7-4 incidents that occurred on each district campus, to the extent
7-5 permitted under the Family Educational Rights and Privacy Act of
7-6 1974 (20 U.S.C. Section 1232g);
7-7 (5) [,] information concerning school violence
7-8 prevention and violence intervention policies and procedures that
7-9 the district is using to protect students; [,] and
7-10 (6) the findings that result from evaluations
7-11 conducted under the Safe and Drug-Free Schools and Communities Act
7-12 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
7-13 amendments.
7-14 (b) Supplemental information to be included in the reports
7-15 shall be determined by the board of trustees. Performance
7-16 information in the annual reports on the indicators established
7-17 under Section 39.051 and descriptive information required by this
7-18 section shall be provided by the agency.
7-19 (c) The board of trustees shall hold a hearing for public
7-20 discussion of the report. The board of trustees shall give notice
7-21 of the hearing to property owners in the district and parents,
7-22 guardians, conservators, and other persons having lawful control of
7-23 a district student. The notification must include notice to a
7-24 newspaper of general circulation in the district and notice to
7-25 electronic media serving the district. After the hearing the
7-26 report shall be widely disseminated within the district in a manner
7-27 to be determined under rules adopted by the commissioner.
8-1 (d) The report must also include a comparison provided by
8-2 the agency of:
8-3 (1) the performance of each campus to its previous
8-4 performance and to state-established standards;
8-5 (2) the performance of each district to its previous
8-6 performance and to state-established standards; and
8-7 (3) the performance of each campus or district to
8-8 comparable improvement.
8-9 (e) The report may include the following information:
8-10 (1) student information, including total enrollment,
8-11 enrollment by ethnicity or socioeconomic[, economic] status, the
8-12 number of students identified as students at risk of dropping out
8-13 of school as determined under Section 29.081(d), and grade
8-14 groupings and retention rates;
8-15 (2) financial information, including revenues and
8-16 expenditures;
8-17 (3) staff information, including number and type of
8-18 staff by sex, ethnicity, years of experience, and highest degree
8-19 held, teacher and administrator salaries, and teacher turnover;
8-20 (4) program information, including student enrollment
8-21 by program, teachers by program, and instructional operating
8-22 expenditures by program; and
8-23 (5) the number of students placed in an alternative
8-24 education program under Chapter 37.
8-25 (f) The State Board of Education by rule shall authorize the
8-26 combination of this report with other reports and financial
8-27 statements and shall restrict the number and length of reports that
9-1 school districts, school district employees, and school campuses
9-2 are required to prepare.
9-3 (g) The report must include a statement of the amount, if
9-4 any, of the school district's unencumbered surplus fund balance as
9-5 of the last day of the preceding fiscal year and the percentage of
9-6 the preceding year's budget that the surplus represents.
9-7 SECTION 4. Section 39.182(a), Education Code, is amended to
9-8 read as follows:
9-9 (a) The agency shall prepare and deliver to the governor,
9-10 the lieutenant governor, the speaker of the house of
9-11 representatives, each member of the legislature, the Legislative
9-12 Budget Board, and the clerks of the standing committees of the
9-13 senate and house of representatives with primary jurisdiction over
9-14 the public school system a comprehensive report covering the
9-15 preceding two school years and containing:
9-16 (1) an evaluation of the achievements of the state
9-17 educational program in relation to the statutory goals for the
9-18 public education system under Section 4.002;
9-19 (2) an evaluation of the status of education in the
9-20 state as reflected by the academic excellence indicators adopted
9-21 under Section 39.051;
9-22 (3) a summary compilation of overall student
9-23 performance on academic skills assessment instruments required by
9-24 Section 39.023, aggregated by grade level, subject area, campus,
9-25 and district, with appropriate interpretations and analysis and
9-26 disaggregated by race, ethnicity, sex, [and] socioeconomic status,
9-27 and identification as a student at risk of dropping out of school
10-1 as determined under Section 29.081(d);
10-2 (4) an evaluation of the correlation between student
10-3 grades and student performance on academic skills assessment
10-4 instruments required by Section 39.023;
10-5 (5) a statement of the dropout rate of students in
10-6 grade levels 7 through 12, expressed in the aggregate and by grade
10-7 level;
10-8 (6) a statement of the projected cross-sectional and
10-9 longitudinal dropout rates for grade levels 7 through 12 for the
10-10 next five years, assuming no state action is taken to reduce the
10-11 dropout rate;
10-12 (7) a description of a systematic plan for reducing
10-13 the projected cross-sectional and longitudinal dropout rates to
10-14 five percent or less for the 1997-1998 school year;
10-15 (8) a summary of the information required by Section
10-16 29.083 regarding grade level retention of students;
10-17 (9) a list of each school district or campus that does
10-18 not satisfy performance standards, with an explanation of the
10-19 actions taken by the commissioner to improve student performance in
10-20 the district or campus and an evaluation of the results of those
10-21 actions;
10-22 (10) an evaluation of the status of the curriculum
10-23 taught in public schools, with recommendations for legislative
10-24 changes necessary to improve or modify the curriculum required by
10-25 Section 28.002;
10-26 (11) a description of all funds received by and each
10-27 activity and expenditure of the agency;
11-1 (12) a summary and analysis of the compliance of
11-2 school districts with administrative cost ratios set by the
11-3 commissioner under Section 42.201, including any improvements and
11-4 cost savings achieved by school districts;
11-5 (13) a summary of the effect of deregulation,
11-6 including exemptions and waivers granted under Section 7.056 or
11-7 39.112;
11-8 (14) a statement of the total number and length of
11-9 reports that school districts and school district employees must
11-10 submit to the agency, identifying which reports are required by
11-11 federal statute or rule, state statute, or agency rule, and a
11-12 summary of the agency's efforts to reduce overall reporting
11-13 requirements;
11-14 (15) a list of each school district that is not in
11-15 compliance with state special education requirements, including:
11-16 (A) the period for which the district has not
11-17 been in compliance;
11-18 (B) the manner in which the agency considered
11-19 the district's failure to comply in determining the district's
11-20 accreditation status; and
11-21 (C) an explanation of the actions taken by the
11-22 commissioner to ensure compliance and an evaluation of the results
11-23 of those actions; and
11-24 (16) any additional information considered important
11-25 by the commissioner or the State Board of Education.
11-26 SECTION 5. Section 42.152(c), Education Code, is amended to
11-27 read as follows:
12-1 (c) Funds allocated under this section may be used only to
12-2 fund supplemental programs and services designed to eliminate
12-3 disparity between students at risk of dropping out of school, as
12-4 defined by Section 29.081(d), and all other district students in
12-5 performance on assessment instruments administered under Subchapter
12-6 B, Chapter 39, or in the rates of high school completion or receipt
12-7 of a high school equivalency certificate. Specifically, the funds,
12-8 other than an indirect cost allotment established under State Board
12-9 of Education rule, which may not exceed 15 percent, may be used
12-10 only to provide [in providing] compensatory education and
12-11 accelerated instruction programs under Section 29.081, operate
12-12 alternative education programs under Section 37.008, or support
12-13 programs eligible for funding under Title I of the Elementary and
12-14 Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.)
12-15 and its subsequent amendments and may only be spent to improve and
12-16 enhance programs and services funded under the regular education
12-17 program. A district's compensatory education allotment may be used
12-18 for costs supplementary to the regular program, such as costs for
12-19 program and student evaluation, instructional materials and
12-20 equipment and other supplies required for quality instruction,
12-21 supplemental staff expenses, salary for teachers of at-risk
12-22 students, smaller class size, and individualized instruction. A
12-23 home-rule school district or an open-enrollment charter school must
12-24 use funds allocated under Subsection (a) to provide compensatory
12-25 education services but is not otherwise subject to Subchapter C,
12-26 Chapter 29.
12-27 SECTION 6. (a) Except as provided by Subsection (b) of this
13-1 section, this Act applies beginning with the 2001-2002 school year.
13-2 (b) Section 39.051(b), Education Code, as amended by this
13-3 Act, applies beginning with the 2002-2003 school year.
13-4 SECTION 7. This Act takes effect immediately if it receives
13-5 a vote of two-thirds of all the members elected to each house, as
13-6 provided by Section 39, Article III, Texas Constitution. If this
13-7 Act does not receive the vote necessary for immediate effect, this
13-8 Act takes effect September 1, 2001.