By:  West                                             S.B. No. 1431
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to educationally disadvantaged students.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 5.001, Education Code, is amended to read
 1-5     as follows:
 1-6     Sec. 5.001.  Definitions.
 1-7           In this title:
 1-8                 (1)  "Agency" means the Texas Education Agency.
 1-9                 (2)  "Classroom teacher" means an educator who is
1-10     employed by a school district and who, not less than an average of
1-11     four hours each day, teaches in an academic instructional setting
1-12     or a career and technology instructional setting.  The term does
1-13     not include a teacher's aide or a full-time administrator.
1-14                 (3)  "Commissioner" means the commissioner of
1-15     education.
1-16                 (4)  "Educationally disadvantaged" means:
1-17           (a)  eligible to participate in the national free or
1-18     reduced-price lunch program established under 42 U.S.C. Section
1-19     1751 et seq.;
1-20                 (b)  enrolled in the state Medicaid program under
1-21     Chapter 32, Human Resources Code; or
1-22                 (c)  enrolled in the state child health plan program
1-23     under Chapter 62, Health and Safety Code.
 2-1           Section 2.  Section 42.152(b), Education Code is amended to
 2-2     read as follows:
 2-3     Sec. 42.152.  Compensatory Education Allotment
 2-4           (a)  For each student who is educationally disadvantaged or
 2-5     who is a student who does not have a disability and resides in a
 2-6     residential placement facility in a district in which the student's
 2-7     parent or legal guardian does not reside, a district is entitled to
 2-8     an annual allotment equal to the adjusted basic allotment
 2-9     multiplied by 0.2, and by 2.41 for each full-time equivalent
2-10     student who is in a remedial and support program under Section
2-11     29.081 because the student is pregnant.
2-12           (b) For purposes of this section[,]:
2-13                 (1)  the number of [educationally disadvantaged] students
2-14     eligible for the national school lunch program is determined by
2-15     averaging the best six months' enrollment in the national school
2-16     lunch program of free or reduced-price lunches for the preceding
2-17     school year; and
2-18           (2)  the number of students enrolled in the state Medicaid
2-19     program or the state child health plan program is:
2-20                 (A)  determined based on voluntary disclosure of a
2-21     student's enrollment in one of those programs by the student or the
2-22     student's parent and provision by the student or parent of any
2-23     supporting documentation required by the commissioner; or
2-24                 (B)  determined in another manner determined by the
2-25     commissioner that complies with any federal or state
2-26     confidentiality requirements applicable to those programs.
 3-1     SECTION 3.  This Act takes effect September 1, 2001.