S.B. 1373 78(R)    BILL ANALYSIS


S.B. 1373
By: Shapiro
Public Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas school districts are responsible for the education of
every student residing in their district, including students in drug
treatment, halfway houses, and juvenile detention centers. Many of the
students in a Texas Youth Commission (TYC) facility are in short-term
placements, several grades behind their peers, and not permanent district
residents. The performance of such students is not counted in a school
district's accountability rating, but students in a TYC-contracted
facility are counted in a district's accountability rating, typically
lowering that rating. S.B. 1373 prohibits students in a residential
program or facility operated by, or under a contract with, the Texas Youth
Commission, or other governmental entity, from being counted in the
accreditation status, or in relation to the academic excellence indicator
standards, of the district within which the program or facility is
located. This bill requires the performance of such a student to be
determined, reported, and considered separately. 
   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

S.B. 1373 amends the Education Code to provide that for the purposes of
determining the performance of a school district, including the district's
accreditation status, a student confined by court order in a residential
program or facility operated by, or under a contract with, the Texas Youth
Commission, is not considered to be a student of the school district in
which the program or facility is physically located. The bill requires the
performance of such a student on an assessment instrument, or other
academic excellence indicator adopted under Section 39.051 (Academic
Excellence Indicators), Education Code, to be determined, reported, and
considered separately from the performance of students attending a school
of the district in which the program or facility is physically located. 

This Act applies beginning with the 2003 - 2004 school year.


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.