By West S.B. No. 702
77R4406 KKA-F
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. Section 7.111(a), Education Code, as amended by
1-6 Chapters 76 and 1282, Acts of the 76th Legislature, Regular
1-7 Session, 1999, is reenacted and amended to read as follows:
1-8 (a) The board shall provide for the administration of high
1-9 school equivalency examinations. A person who does not have a high
1-10 school diploma may take the examination in accordance with rules
1-11 adopted by the board if the person [is]:
1-12 (1) is over 17 years of age;
1-13 (2) is 16 years of age or older and:
1-14 (A) the person is enrolled in a Job Corps
1-15 training program under [the Job Training Partnership Act (]29
1-16 U.S.C. Section 2881 [1501] et seq.[)], and its subsequent
1-17 amendments; [or]
1-18 (B) a public agency providing supervision of the
1-19 person or having custody of the person under a court order
1-20 recommends that the person take the examination; or
1-21 (C) the person has completed a high school
1-22 equivalency examination preparation program under Section 29.087;
1-23 or
1-24 (3) is required to take the examination under a
2-1 justice or municipal court order issued under Section
2-2 54.021(d)(1)(B), Family Code.
2-3 SECTION 2. Section 25.086(a), Education Code, is amended to
2-4 read as follows:
2-5 (a) A child is exempt from the requirements of compulsory
2-6 school attendance if the child:
2-7 (1) attends a private or parochial school that
2-8 includes in its course a study of good citizenship;
2-9 (2) is eligible to participate in a school district's
2-10 special education program under Section 29.003 and cannot be
2-11 appropriately served by the resident district;
2-12 (3) has a physical or mental condition of a temporary
2-13 and remediable nature that makes the child's attendance infeasible
2-14 and holds a certificate from a qualified physician specifying the
2-15 temporary condition, indicating the treatment prescribed to remedy
2-16 the temporary condition, and covering the anticipated period of the
2-17 child's absence from school for the purpose of receiving and
2-18 recuperating from that remedial treatment;
2-19 (4) is expelled in accordance with the requirements of
2-20 law in a school district that does not participate in a mandatory
2-21 juvenile justice alternative education program under Section
2-22 37.011;
2-23 (5) is at least 17 years of age and:
2-24 (A) is attending a course of instruction to
2-25 prepare for the high school equivalency examination, and:
2-26 (i) has the permission of the child's
2-27 parent or guardian to attend the course;
3-1 (ii) is required by court order to attend
3-2 the course;
3-3 (iii) has established a residence separate
3-4 and apart from the child's parent, guardian, or other person having
3-5 lawful control of the child; or
3-6 (iv) is homeless as defined by 42 U.S.C.
3-7 Section 11302 and its subsequent amendments; or
3-8 (B) has received a high school diploma or high
3-9 school equivalency certificate;
3-10 (6) is at least 16 years of age and:
3-11 (A) is attending a course of instruction to
3-12 prepare for the high school equivalency examination, if:
3-13 (i) [(A)] the child is recommended to take
3-14 the course of instruction by a public agency that has supervision
3-15 or custody of the child under a court order; or
3-16 (ii) [(B)] the child is enrolled in a Job
3-17 Corps training program under [the Job Training Partnership Act (]29
3-18 U.S.C. Section 2881 [1501] et seq.[)], and its subsequent
3-19 amendments; or
3-20 (B) has earned a high school equivalency
3-21 certificate after completing a program under Section 29.087;
3-22 (7) is enrolled in the Texas Academy of Mathematics
3-23 and Science;
3-24 (8) is enrolled in the Texas Academy of Leadership in
3-25 the Humanities; or
3-26 (9) is specifically exempted under another law.
3-27 SECTION 3. The heading to Section 29.081, Education Code, is
4-1 amended to read as follows:
4-2 Sec. 29.081. COMPENSATORY, INTENSIVE, AND ACCELERATED
4-3 INSTRUCTION.
4-4 SECTION 4. Section 29.081, Education Code, is amended by
4-5 amending Subsections (a), (c), and (d) and adding Subsections (g)
4-6 and (h) to read as follows:
4-7 (a) Each school district shall use the student performance
4-8 data resulting from the basic skills assessment instruments and
4-9 achievement tests administered under Subchapter B, Chapter 39, to
4-10 design and implement appropriate compensatory, intensive, or
4-11 accelerated instructional services for students in the district's
4-12 schools that enable the students to be performing at grade level at
4-13 the conclusion of the next regular school term or, if appropriate,
4-14 to be prepared to obtain a high school equivalency certificate.
4-15 (c) Each school district shall evaluate and document the
4-16 effectiveness of the accelerated instruction in reducing any
4-17 disparity in performance on assessment instruments administered
4-18 under Subchapter B, Chapter 39, or disparity in the rates of high
4-19 school completion or receipt of a high school equivalency
4-20 certificate between students at risk of dropping out of school and
4-21 all other district students [the dropout rate and in increasing
4-22 achievement in the categories of students listed under Subsection
4-23 (d)].
4-24 (d) For purposes of this section, "student at risk of
4-25 dropping out of school" includes[:]
4-26 [(1)] each student, other than a student eligible to
4-27 participate in a district's special education program under Section
5-1 29.003, [in grade levels 7 through 12] who is under 21 years of age
5-2 and who:
5-3 (1) [(A)] was not advanced from one grade level to the
5-4 next for one [two] or more school years;
5-5 (2) if the student is in grade 7, 8, 9, 10, 11, or 12,
5-6 [(B) has mathematics or reading skills that are two or more years
5-7 below grade level;]
5-8 [(C)] did not maintain an average equivalent to
5-9 70 on a scale of 100 in two or more subjects in the foundation
5-10 curriculum [courses] during a semester in the preceding or current
5-11 school year, or is not maintaining such an average in two or more
5-12 subjects in the foundation curriculum [courses] in the current
5-13 semester[, and is not expected to graduate within four years of the
5-14 date the student begins ninth grade];
5-15 (3) [(D)] did not perform satisfactorily on an
5-16 assessment instrument administered to the student under Subchapter
5-17 B, Chapter 39, and who has not in the previous or current school
5-18 year subsequently performed on that instrument or another
5-19 appropriate instrument at a level equal to at least 105 percent of
5-20 the level of satisfactory performance on that instrument; [or]
5-21 (4) did not perform satisfactorily on a readiness test
5-22 or assessment instrument administered during the current school
5-23 year, if the student is in prekindergarten, kindergarten, or grade
5-24 1, 2, or 3;
5-25 (5) [(E)] is pregnant or is a parent;
5-26 (6) has been placed in an alternative education
5-27 program in accordance with Section 37.006 during the preceding or
6-1 current school year;
6-2 (7) has been expelled in accordance with Section
6-3 37.007 during the preceding or current school year;
6-4 (8) is currently on parole, probation, deferred
6-5 prosecution, or other conditional release;
6-6 (9) was previously reported through the Public
6-7 Education Information Management System (PEIMS) to have dropped out
6-8 of school;
6-9 (10) failed during the preceding or current school
6-10 year to meet the minimum attendance required under Section 25.092
6-11 for one or more classes, unless the failure is excused under
6-12 Section 25.086 or 25.087;
6-13 (11) [(2) each student in prekindergarten through
6-14 grade 6 who:]
6-15 [(A) did not perform satisfactorily on a
6-16 readiness test or assessment instrument administered at the
6-17 beginning of the school year;]
6-18 [(B) did not perform satisfactorily on an
6-19 assessment instrument administered under Subchapter B, Chapter 39;]
6-20 [(C)] is a student of limited English
6-21 proficiency, as defined by Section 29.052;
6-22 (12) is in the custody or care of the Department of
6-23 Protective and Regulatory Services or has, during the current
6-24 school year, been referred to the department by a school official,
6-25 officer of the juvenile court, or law enforcement official;
6-26 (13) is homeless, as defined by 42 U.S.C. Section
6-27 11302 and its subsequent amendments; or
7-1 (14) resided in the preceding school year or [(D) is
7-2 sexually, physically, or psychologically abused; or]
7-3 [(E) engages in conduct described by Section
7-4 51.03(a), Family Code; and]
7-5 [(3) each student who is not disabled and who] resides
7-6 in the current school year in a residential placement facility in
7-7 the [a] district [in which the student's parent or legal guardian
7-8 does not reside], including a detention facility, substance abuse
7-9 treatment facility, emergency shelter, psychiatric hospital,
7-10 halfway house, or foster family group home.
7-11 (g) A student eligible to participate in a district's
7-12 special education program under Section 29.003 may receive
7-13 instructional services under this section if receipt of those
7-14 services is determined to be appropriate by the student's
7-15 admission, review, and dismissal committee.
7-16 (h) In addition to students described by Subsection (d), a
7-17 student who satisfies local eligibility criteria adopted by the
7-18 board of trustees of a school district may receive instructional
7-19 services under this section. The number of students receiving
7-20 services under this subsection during a school year may not exceed
7-21 10 percent of the number of students described by Subsection (d)
7-22 who received services from the district during the preceding school
7-23 year. For purposes of Chapter 39, students receiving services
7-24 under this subsection may not be included in the group of students
7-25 who are identified as being at risk of dropping out of school.
7-26 SECTION 5. Subchapter C, Chapter 29, Education Code, is
7-27 amended by adding Section 29.087 to read as follows:
8-1 Sec. 29.087. SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY
8-2 EXAMINATION PROGRAMS. (a) The agency shall develop a program for
8-3 school districts to prepare eligible students who are at risk of
8-4 dropping out of school to take a high school equivalency
8-5 examination.
8-6 (b) A district that participates in the program shall offer
8-7 preparatory classes for the high school equivalency examination to
8-8 each eligible district student.
8-9 (c) A student is eligible to participate in the program if:
8-10 (1) the student is 16 years of age or older at the
8-11 beginning of the school year or semester;
8-12 (2) the student and the student's parent or guardian
8-13 agree to the student's participation;
8-14 (3) there is a reasonable expectation that the student
8-15 will not graduate on schedule and passing a high school equivalency
8-16 examination would be in the best interest of the student;
8-17 (4) there is a reasonable expectation that on
8-18 completion of the program the student will be able to perform
8-19 satisfactorily on the high school equivalency examination; and
8-20 (5) any other conditions specified by the agency are
8-21 satisfied.
8-22 (d) A district shall inform each student who has completed
8-23 the program of the time and place at which the student may take the
8-24 high school equivalency examination.
8-25 (e) The agency shall adopt rules to ensure that students are
8-26 not encouraged to participate in the program solely as a means to
8-27 divert students with discipline problems or poor academic
9-1 performance into the program as an alternative to regular high
9-2 school graduation.
9-3 (f) The agency shall request permission from the General
9-4 Educational Development Testing Service to administer the service's
9-5 high school equivalency examination to students enrolled in high
9-6 school who participate in the program.
9-7 (g) The agency shall include in the comprehensive annual
9-8 report required under Section 39.182 the number of students
9-9 enrolled in the program and the number of students in the program
9-10 who performed satisfactorily on the high school equivalency
9-11 examination.
9-12 SECTION 6. Section 39.027(e), Education Code, is amended to
9-13 read as follows:
9-14 (e) The commissioner shall develop an assessment system that
9-15 shall be used for evaluating the academic progress, including
9-16 reading proficiency in English, of all students of limited English
9-17 proficiency, as defined by Section 29.052. The performance under
9-18 the assessment system developed under this subsection of students
9-19 to whom Subsection (a)(3) applies shall be included in the academic
9-20 excellence indicator system under Section 39.051, the performance
9-21 report under Section 39.053, and the comprehensive annual
9-22 [biennial] report under Section 39.182.
9-23 SECTION 7. Section 39.051(b), Education Code, as amended by
9-24 Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
9-25 Session, 1999, is reenacted and amended to read as follows:
9-26 (b) Performance on the indicators adopted under this section
9-27 shall be compared to state-established standards. The degree of
10-1 change from one school year to the next in performance on each
10-2 indicator adopted under this section shall also be considered. The
10-3 indicators must be based on information that is disaggregated by
10-4 [with respect to] race, ethnicity, gender [sex], [and]
10-5 socioeconomic status, and at-risk status and must include:
10-6 (1) the results of assessment instruments required
10-7 under Sections 39.023(a), (c), and (l), aggregated by grade level
10-8 and subject area;
10-9 (2) dropout and completion rates;
10-10 (3) student attendance rates;
10-11 (4) the percentage of graduating students who attain
10-12 scores on the secondary exit-level assessment instruments required
10-13 under Subchapter B that are equivalent to a passing score on the
10-14 test instrument required under Section 51.306;
10-15 (5) the percentage of graduating students who meet the
10-16 course requirements established for the recommended high school
10-17 program by State Board of Education rule;
10-18 (6) the results of the Scholastic Assessment Test
10-19 (SAT), the American College Test (ACT), articulated postsecondary
10-20 degree programs described by Section 61.852, and certified
10-21 workforce training programs described by Chapter 311, Labor Code;
10-22 (7) the number of students, aggregated by grade level,
10-23 provided accelerated instruction under Section 28.0211(c), the
10-24 results of assessments administered under that section, the number
10-25 of students promoted through the grade placement committee process
10-26 under Section 28.0211, the subject of the assessment instrument on
10-27 which each student failed to perform satisfactorily, and the
11-1 performance of those students in the school year following that
11-2 promotion on the assessment instruments required under Section
11-3 39.023;
11-4 (8) for students who have failed to perform
11-5 satisfactorily on an assessment instrument required under Section
11-6 39.023(a) or (c), the numerical progress of those students on
11-7 subsequent assessment instruments required under those sections,
11-8 aggregated by grade level and subject area;
11-9 (9) the percentage of students exempted, by exemption
11-10 category, from the assessment program generally applicable under
11-11 this subchapter; and
11-12 (10) any other indicator the State Board of Education
11-13 adopts.
11-14 SECTION 8. Section 39.051, Education Code, is amended by
11-15 adding Subsection (g) to read as follows:
11-16 (g) The commissioner by rule shall:
11-17 (1) adopt accountability measures to be used in
11-18 assessing the performance of students at risk of dropping out of
11-19 school, as defined by Section 29.081;
11-20 (2) specify the level of student performance on the
11-21 accountability measures that is necessary for a campus or district
11-22 to obtain a performance rating of exemplary, recognized, or
11-23 academically acceptable; and
11-24 (3) determine appropriate methods of integrating
11-25 student performance on the accountability measures into the
11-26 statewide public school accountability program established under
11-27 this chapter.
12-1 SECTION 9. Section 39.053, Education Code, as amended by
12-2 Chapters 510 and 1417, Acts of the 76th Legislature, Regular
12-3 Session, 1999, is reenacted and amended to read as follows:
12-4 Sec. 39.053. PERFORMANCE REPORT. (a) Each board of trustees
12-5 shall publish an annual report describing the educational
12-6 performance of the district and of each campus in the district that
12-7 includes uniform student performance and descriptive information as
12-8 determined under rules adopted by the commissioner. The annual
12-9 report must also include:
12-10 (1) campus performance objectives established under
12-11 Section 11.253 and the progress of each campus toward those
12-12 objectives, which shall be available to the public;
12-13 (2) the performance rating for the district as
12-14 provided under Section 39.072(a) and the performance rating of each
12-15 campus in the district as provided under Section 39.072(c); [and]
12-16 (3) the district's current special education
12-17 compliance status with the agency;
12-18 (4) [. In addition, the annual report must include] a
12-19 statement of the number, rate, and type of violent or criminal
12-20 incidents that occurred on each district campus, to the extent
12-21 permitted under the Family Educational Rights and Privacy Act of
12-22 1974 (20 U.S.C. Section 1232g);
12-23 (5) [,] information concerning school violence
12-24 prevention and violence intervention policies and procedures that
12-25 the district is using to protect students; [,] and
12-26 (6) the findings that result from evaluations
12-27 conducted under the Safe and Drug-Free Schools and Communities Act
13-1 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
13-2 amendments.
13-3 (b) Supplemental information to be included in the reports
13-4 shall be determined by the board of trustees. Performance
13-5 information in the annual reports on the indicators established
13-6 under Section 39.051 and descriptive information required by this
13-7 section shall be provided by the agency.
13-8 (c) The board of trustees shall hold a hearing for public
13-9 discussion of the report. The board of trustees shall give notice
13-10 of the hearing to property owners in the district and parents,
13-11 guardians, conservators, and other persons having lawful control of
13-12 a district student. The notification must include notice to a
13-13 newspaper of general circulation in the district and notice to
13-14 electronic media serving the district. After the hearing the
13-15 report shall be widely disseminated within the district in a manner
13-16 to be determined under rules adopted by the commissioner.
13-17 (d) The report must also include a comparison provided by
13-18 the agency of:
13-19 (1) the performance of each campus to its previous
13-20 performance and to state-established standards;
13-21 (2) the performance of each district to its previous
13-22 performance and to state-established standards; and
13-23 (3) the performance of each campus or district to
13-24 comparable improvement.
13-25 (e) The report may include the following information:
13-26 (1) student information, including total enrollment,
13-27 enrollment by ethnicity, socioeconomic status, and at-risk
14-1 [economic] status under Section 29.081, and grade groupings and
14-2 retention rates;
14-3 (2) financial information, including revenues and
14-4 expenditures;
14-5 (3) staff information, including number and type of
14-6 staff by gender [sex], ethnicity, years of experience, and highest
14-7 degree held, teacher and administrator salaries, and teacher
14-8 turnover;
14-9 (4) program information, including student enrollment
14-10 by program, teachers by program, and instructional operating
14-11 expenditures by program; and
14-12 (5) the number of students placed in an alternative
14-13 education program under Chapter 37.
14-14 (f) The State Board of Education by rule shall authorize the
14-15 combination of this report with other reports and financial
14-16 statements and shall restrict the number and length of reports that
14-17 school districts, school district employees, and school campuses
14-18 are required to prepare.
14-19 (g) The report must include a statement of the amount, if
14-20 any, of the school district's unencumbered surplus fund balance as
14-21 of the last day of the preceding fiscal year and the percentage of
14-22 the preceding year's budget that the surplus represents.
14-23 SECTION 10. The heading to Section 39.182, Education Code,
14-24 is amended to read as follows:
14-25 Sec. 39.182. COMPREHENSIVE ANNUAL [BIENNIAL] REPORT.
14-26 SECTION 11. Sections 39.182(a) and (b), Education Code, are
14-27 amended to read as follows:
15-1 (a) Not later than December 1 of each year, the [The] agency
15-2 shall prepare and deliver to the governor, the lieutenant governor,
15-3 the speaker of the house of representatives, each member of the
15-4 legislature, the Legislative Budget Board, and the clerks of the
15-5 standing committees of the senate and house of representatives with
15-6 primary jurisdiction over the public school system a comprehensive
15-7 report covering the preceding [two] school year [years] and
15-8 containing:
15-9 (1) an evaluation of the achievements of the state
15-10 educational program in relation to the statutory goals for the
15-11 public education system under Section 4.002;
15-12 (2) an evaluation of the status of education in the
15-13 state as reflected by the academic excellence indicators adopted
15-14 under Section 39.051;
15-15 (3) a summary compilation of overall student
15-16 performance on academic skills assessment instruments required by
15-17 Section 39.023 with the number of students exempted from the
15-18 administration of those instruments and the basis of the
15-19 exemptions, aggregated by grade level, subject area, campus, and
15-20 district, and with appropriate interpretations and analysis, and
15-21 disaggregated by race, ethnicity, gender [sex], and socioeconomic
15-22 status;
15-23 (4) a summary compilation of overall performance of
15-24 students placed in an alternative education program established
15-25 under Section 37.008 on academic skills assessment instruments
15-26 required by Section 39.023 with the number of those students
15-27 exempted from the administration of those instruments and the basis
16-1 of the exemptions, aggregated by grade level and subject area, with
16-2 appropriate interpretations and analysis, and disaggregated by
16-3 race, ethnicity, gender, and socioeconomic status;
16-4 (5) an evaluation of the correlation between student
16-5 grades and student performance on academic skills assessment
16-6 instruments required by Section 39.023;
16-7 (6) [(5)] a statement of the dropout rate of students
16-8 in grade levels 7 through 12, expressed in the aggregate and by
16-9 grade level;
16-10 (7) a statement of:
16-11 (A) the completion rate of students who enter
16-12 grade level 9 and graduate not more than four years later;
16-13 (B) the completion rate of students who enter
16-14 grade level 9 and graduate, including students who require more
16-15 than four years to graduate;
16-16 (C) the completion rate of students who enter
16-17 grade level 9 and not more than four years later receive a high
16-18 school equivalency certificate;
16-19 (D) the completion rate of students who enter
16-20 grade level 9 and receive a high school equivalency certificate,
16-21 including students who require more than four years to receive a
16-22 certificate; and
16-23 (E) the number and percentage of all students
16-24 who have not been accounted for under Paragraph (A), (B), (C), or
16-25 (D) and are not enrolled in a private school, home school, or
16-26 school in another state;
16-27 (8) [(6)] a statement of the projected cross-sectional
17-1 and longitudinal dropout rates for grade levels 9 [7] through 12
17-2 for the next five years, assuming no state action is taken to
17-3 reduce the dropout rate;
17-4 (9) [(7)] a description of a systematic, measurable
17-5 plan for reducing the projected cross-sectional and longitudinal
17-6 dropout rates to five percent or less for the 1997-1998 school
17-7 year;
17-8 (10) [(8)] a summary of the information required by
17-9 Section 29.083 regarding grade level retention of students and
17-10 information concerning:
17-11 (A) the number and percentage of students
17-12 retained; and
17-13 (B) the performance of retained students on
17-14 assessment instruments required under Section 39.023(a);
17-15 (11) information, aggregated by district type and
17-16 disaggregated by race, ethnicity, gender, and socioeconomic status,
17-17 on:
17-18 (A) the number of students placed in an
17-19 alternative education program established under Section 37.008;
17-20 (B) the average length of a student's placement
17-21 in an alternative education program established under Section
17-22 37.008;
17-23 (C) the academic performance of students on
17-24 assessment instruments required under Section 39.023(a) during the
17-25 year preceding and during the year following placement in an
17-26 alternative education program; and
17-27 (D) the dropout rates of students who have been
18-1 placed in an alternative education program established under
18-2 Section 37.008;
18-3 (12) [(9)] a list of each school district or campus
18-4 that does not satisfy performance standards, with an explanation of
18-5 the actions taken by the commissioner to improve student
18-6 performance in the district or campus and an evaluation of the
18-7 results of those actions;
18-8 (13) [(10)] an evaluation of the status of the
18-9 curriculum taught in public schools, with recommendations for
18-10 legislative changes necessary to improve or modify the curriculum
18-11 required by Section 28.002;
18-12 (14) [(11)] a description of all funds received by and
18-13 each activity and expenditure of the agency;
18-14 (15) [(12)] a summary and analysis of the compliance
18-15 of school districts with administrative cost ratios set by the
18-16 commissioner under Section 42.201, including any improvements and
18-17 cost savings achieved by school districts;
18-18 (16) [(13)] a summary of the effect of deregulation,
18-19 including exemptions and waivers granted under Section 7.056 or
18-20 39.112;
18-21 (17) [(14)] a statement of the total number and length
18-22 of reports that school districts and school district employees must
18-23 submit to the agency, identifying which reports are required by
18-24 federal statute or rule, state statute, or agency rule, and a
18-25 summary of the agency's efforts to reduce overall reporting
18-26 requirements;
18-27 (18) [(15)] a list of each school district that is not
19-1 in compliance with state special education requirements, including:
19-2 (A) the period for which the district has not
19-3 been in compliance;
19-4 (B) the manner in which the agency considered
19-5 the district's failure to comply in determining the district's
19-6 accreditation status; and
19-7 (C) an explanation of the actions taken by the
19-8 commissioner to ensure compliance and an evaluation of the results
19-9 of those actions;
19-10 (19) a summary of school district compliance with the
19-11 student/teacher ratios and class-size limitations prescribed by
19-12 Sections 25.111 and 25.112, including the number of districts
19-13 granted an exception under Section 25.112(d);
19-14 (20) a summary of the exemptions and waivers granted
19-15 to school districts under Section 7.056 or 39.112 and a review of
19-16 the effectiveness of each campus or district following
19-17 deregulation;
19-18 (21) an evaluation of the performance of the system of
19-19 regional education service centers based on the indicators adopted
19-20 under Section 8.101 and client satisfaction with services provided
19-21 under Subchapter B, Chapter 8;
19-22 (22) a comparison of the performance of
19-23 open-enrollment charter schools and school districts on the
19-24 academic excellence indicators specified in Section 39.051(b), with
19-25 a separately aggregated comparison of the performance of
19-26 open-enrollment charter schools granted under Section 12.1011(a)(2)
19-27 with the performance of school districts; and
20-1 (23) [(16)] any additional information considered
20-2 important by the commissioner or the State Board of Education.
20-3 (b) In reporting the information required by Subsection
20-4 (a)(3) or (4), the agency may separately aggregate the performance
20-5 data of students enrolled in a special education program under
20-6 Subchapter A, Chapter 29, or a bilingual education or special
20-7 language program under Subchapter B, Chapter 29.
20-8 SECTION 12. Section 42.152, Education Code, is amended by
20-9 amending Subsections (b), (c), (s), and (t) and adding Subsections
20-10 (r) and (u) to read as follows:
20-11 (b) For purposes of this section, the number of
20-12 educationally disadvantaged students is determined:
20-13 (1) by averaging the best six months' enrollment in
20-14 the national school lunch program of free or reduced-price lunches
20-15 for the preceding school year; or
20-16 (2) in the manner determined by commissioner rule, if
20-17 the district did not participate in the national school lunch
20-18 program of free or reduced-price lunches during the preceding
20-19 school year.
20-20 (c) Funds allocated under this section shall be used to fund
20-21 supplemental programs and services designed to eliminate any
20-22 disparity in performance on assessment instruments administered
20-23 under Subchapter B, Chapter 39, or disparity in the rates of high
20-24 school completion or receipt of a high school equivalency
20-25 certificate between students at risk of dropping out of school, as
20-26 defined by Section 29.081, and all other students. Specifically,
20-27 the funds, other than an indirect cost allotment established under
21-1 State Board of Education rule, which may not exceed 15 percent, may
21-2 be used only to meet the costs of [in] providing a compensatory,
21-3 intensive, or [education and] accelerated instruction program
21-4 [programs] under Section 29.081 or an alternative education program
21-5 established under Section 37.008 or to support a program eligible
21-6 under Title I of the Elementary and Secondary Education Act of
21-7 1965, as provided by Pub. L. No. 103-382 and its subsequent
21-8 amendments, and by federal regulations implementing that Act [and
21-9 may only be spent to improve and enhance programs and services
21-10 funded under the regular education program]. In meeting the costs
21-11 of providing a compensatory, intensive, or accelerated instruction
21-12 program under Section 29.081, a [A] district's compensatory
21-13 education allotment may be used only for costs supplementary to the
21-14 regular education program, such as costs for program and student
21-15 evaluation, instructional materials and equipment and other
21-16 supplies required for quality instruction, supplemental staff
21-17 expenses, salary for teachers of at-risk students, smaller class
21-18 size, and individualized instruction. A home-rule school district
21-19 or an open-enrollment charter school must use funds allocated under
21-20 Subsection (a) for a purpose authorized in this subsection, [to
21-21 provide compensatory education services] but is not otherwise
21-22 subject to Subchapter C, Chapter 29.
21-23 (r) The commissioner shall grant a one-year exemption from
21-24 the requirements of Subsection (q) to a school district in which
21-25 the group of students identified under Section 29.081 as being at
21-26 risk of dropping out of school performs on the assessment
21-27 instruments specified by Section 39.051(b)(1) at a level that meets
22-1 or exceeds the level required for a performance rating of
22-2 academically recognized. Not later than March 1 of each year, the
22-3 commissioner, based on the most recent information available, shall
22-4 determine if a school district is entitled to an exemption for the
22-5 following school year and notify the district of that
22-6 determination.
22-7 (s) Subsection (r) applies beginning with the 2003-2004
22-8 school year. This subsection expires September 1, 2004.
22-9 (t) A reduction made under this section or the General
22-10 Appropriations Act in the allotment under this section does not
22-11 affect the computation of students in weighted average daily
22-12 attendance for purposes of Subchapter F.
22-13 (u) [(t)] For each year of a state fiscal biennium, the
22-14 commissioner shall reduce the guaranteed level of state and local
22-15 funds per weighted student per cent of tax effort under Section
22-16 42.302 by an amount sufficient to reduce state costs in an amount
22-17 equal to the increase in state costs due to the application of
22-18 Subsection (t) [(s)]. The commissioner shall determine the same
22-19 reduction for each year and shall announce the determination as
22-20 soon as practicable after August 1 preceding the beginning of the
22-21 biennium. A determination by the commissioner under this section
22-22 is final and may not be appealed.
22-23 SECTION 13. (a) Using funds specifically appropriated for
22-24 that purpose, the commissioner of education shall form a committee
22-25 to conduct a study and detailed analysis of:
22-26 (1) effective public education compensatory education
22-27 programs for students receiving services under Section 29.081,
23-1 Education Code, or Title I of the Elementary and Secondary
23-2 Education Act of 1965 (20 U.S.C. Section 6301 et seq.); and
23-3 (2) effective higher education developmental programs
23-4 delivered under Section 51.306, Education Code.
23-5 (b) The committee formed by the commissioner of education
23-6 under Subsection (a) of this section shall organize and administer
23-7 the study required by this section. The committee must be composed
23-8 of:
23-9 (1) at least one representative of each of the
23-10 following agencies:
23-11 (A) the Legislative Budget Board;
23-12 (B) the Texas Education Agency;
23-13 (C) the office of the state auditor;
23-14 (D) the office of the comptroller; and
23-15 (E) the Texas Higher Education Coordinating
23-16 Board;
23-17 (2) two representatives of the general public selected
23-18 by the chair of the Senate Committee on Education;
23-19 (3) one representative of the general public selected
23-20 by the chair of the House Committee on Public Education;
23-21 (4) one representative of the general public selected
23-22 by the chair of the House Committee on Higher Education; and
23-23 (5) three educators selected by the commissioner of
23-24 education, one of whom must be a classroom teacher, and one of whom
23-25 must be an administrator.
23-26 (c) In conducting the study required by this section, the
23-27 committee shall use data collected through the Public Education
24-1 Information Management System (PEIMS), data collected by the Texas
24-2 Higher Education Coordinating Board, and program evaluations
24-3 conducted by the Texas Education Agency and the Texas Higher
24-4 Education Coordinating Board of a variety of effective compensatory
24-5 and developmental programs operated in a wide range of schools and
24-6 institutions of higher education across the state.
24-7 (d) Using information collected locally, the study shall
24-8 examine compensatory and developmental programs, including cost
24-9 elements of those programs, in a manner that allows comparison
24-10 between similar schools and types of students.
24-11 (e) Not later than December 1, 2002, the committee shall
24-12 submit to the legislature a report of the results of the study.
24-13 (f) The committee is abolished and this section expires
24-14 January 1, 2003.
24-15 SECTION 14. Sections 39.183 and 39.185, Education Code, are
24-16 repealed.
24-17 SECTION 15. (a) Except as otherwise provided by this
24-18 section, this Act applies beginning with the 2001-2002 school year.
24-19 (b) Sections 7.111 and 25.086, Education Code, as amended by
24-20 this Act, and Section 29.087, Education Code, as added by this Act,
24-21 apply immediately.
24-22 (c) Section 39.051(g), Education Code, as added by this Act,
24-23 and Section 39.053(e), Education Code, as amended by this Act,
24-24 apply beginning with the 2002-2003 school year.
24-25 (d) Section 39.182, Education Code, as amended by this Act,
24-26 applies beginning with the report required to be prepared not later
24-27 than December 1, 2001, except that:
25-1 (1) the Texas Education Agency, in computing
25-2 information relating to students at risk of dropping out of school
25-3 for inclusion in the report due December 1, 2001, and the report
25-4 due December 1, 2002, may determine appropriate information based
25-5 on Section 29.081, Education Code, as it existed before amendment
25-6 by this Act; and
25-7 (2) the Texas Education Agency shall include
25-8 information specified under Section 39.182(a)(7)(E), Education
25-9 Code, as added by this Act, beginning with the report due December
25-10 1, 2004, and shall include, to the extent available, alternative
25-11 information relating to students who leave school in the reports
25-12 due in 2001, 2002, and 2003.
25-13 SECTION 16. This Act takes effect immediately if it receives
25-14 a vote of two-thirds of all the members elected to each house, as
25-15 provided by Section 39, Article III, Texas Constitution. If this
25-16 Act does not receive the vote necessary for immediate effect, this
25-17 Act takes effect September 1, 2001.