SRC-AMY C.S.S.B. 1373 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1373
78R10812 CAS-FBy: Shapiro
Education
4/5/2003
Committee Report (Substituted)

DIGEST 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.  C.S.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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.072, Education Code, by adding Subsection
(d), as follows: 

(d) Provides that, notwithstanding any other provision of this code, for
the purposes of determining the performance of a school district under
this chapter, 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.  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. 

SECTION 2.  Provides that this Act applies beginning with the 2003 - 2004
school year. 

SECTION 3.  Effective date: upon passage or September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Differs from the original in the relating clause by specifying that the
bill relates to considering for school district accountability purposes
the performance of students confined by court order in a residential
program or facility operated by or under contract with the Texas Youth
Commission, rather than to accreditation of public schools. 

Differs from the original in SECTION 1 by amending Section 39.072,
Education Code, by adding Subsection (d), rather than adding Subsection
(g) to Section 39.073; by including a reference to Section 39.051
(Academic Excellence Indicators), Education Code; by limiting the
application of this section to residential programs or facilities operated
by, or under contract with the Texas Youth Commission (TYC), rather than
TYC and other governmental entities; and by  making the bill conform to
legislative drafting standards.