78R14581 ESH-D
By: Ogden S.B. No. 346
Substitute the following for S.B. No. 346:
By: Grusendorf C.S.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 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.