By:  Ogden                                                        S.B. No. 346


A BILL TO BE ENTITLED

AN ACT

relating to an optional flexible year program for public school 
students who fail to perform satisfactorily on an assessment 
instrument or who would not otherwise be promoted.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 29, Education Code, is 
amended by adding Section 29.0821 to read as follows:
	Sec. 29.0821.  OPTIONAL FLEXIBLE YEAR PROGRAM.  (a)  A 
school district may apply to the commissioner for approval to 
provide a flexible year program for students who did not or are 
likely not to perform successfully on an assessment instrument 
administered under Section 39.023 or who would not otherwise be 
promoted to the next grade level.
	(b)  To enable a school district to provide additional 
instructional days for a program under this section, with the 
approval of the commissioner, a school district may:
		(1)  provide a number of days of instruction during the 
regular school year that is not more than 10 days fewer than the 
number required under Section 25.081(a); and
		(2)  use for instructional purposes not more than five 
days that would otherwise be used for staff development or teacher 
preparation.
	(c)  Notwithstanding any reduction in the number of 
instructional days in the regular school year or in the number of 
staff development days, each educator employed under a 10-month 
contract must provide the minimum days of service required under 
Section 21.401.
	(d)  A school district may require educational support 
personnel to provide service as necessary for an optional flexible 
year program.
	(e)  The commissioner may adopt rules for the administration 
of programs provided under this section.
	SECTION 2.  Subsection (a), Section 25.081, Education Code, 
is amended to read as follows:
	(a)  Except as authorized under Subsection (b) of this 
section, [or] Section 25.084, or Section 29.0821, for each school 
year each school district must operate so that the district 
provides for at least 180 days of instruction for students.
	SECTION 3.  Subsection (a), Section 42.005, Education Code, 
is amended to read as follows:
	(a)  In this chapter, average daily attendance is:                      
		(1)  the quotient of the sum of attendance for each day 
of the minimum number of days of instruction as described under 
Section 25.081(a) divided by the minimum number of days of 
instruction; or
		(2)  for a district that operates under a flexible year 
program under Section 29.0821, the quotient of the sum of 
attendance for each actual day of instruction as permitted by 
Section 29.0821(b)(1) divided by the number of actual days of 
instruction as permitted by Section 29.0821(b)(1).
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.