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By:  Bivins                                                       S.B. No. 894
	(In the Senate - Filed March 5, 2003; March 11, 2003, read 
first time and referred to Committee on Education; April 7, 2003, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 9, Nays 0; April 7, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 894                                    By:  Shapiro

A BILL TO BE ENTITLED
AN ACT
relating to the reporting and auditing requirements relating to school dropouts and to the use of compensatory education funds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsections (a) and (e), Section 39.055, Education Code, are amended to read as follows: (a) The commissioner shall develop a process for auditing school district dropout records electronically. The commissioner shall also develop a system and standards for review of the audit or use systems already available at the agency. The system must be designed to identify districts that are at high risk of having inaccurate dropout records and that, as a result, require on-site monitoring of dropout records. If the electronic audit of a district's dropout records indicates that a district is not at high risk of having inaccurate dropout records, the district may not be subject to on-site monitoring under this subsection. If the risk-based system indicates that a district is at high risk of having inaccurate dropout records, the district is entitled to an opportunity to respond to the commissioner's determination before on-site monitoring may be conducted. The district must respond not later than the 30th day after the date the commissioner notifies the district of the commissioner's determination. If the district's response does not change the commissioner's determination that the district is at high risk of having inaccurate dropout records or if the district does not respond in a timely manner, the commissioner shall order agency staff to conduct on-site monitoring of the [board of trustees of each school district shall have the] district's dropout records [audited annually at district expense by a public accountant or certified public accountant who: [(1) is certified or registered, as appropriate, and licensed under Chapter 901, Occupations Code; [(2) has successfully completed training provided by the agency in auditing school dropout records; and [(3) is not an employee of the district]. (e) [The agency shall review each report of an audit of dropout records.] The commissioner shall notify the board of trustees of a school district of any objection the commissioner has to the district's dropout data [report], any violation of sound accounting practices or of a law or rule revealed by the data [report], or any recommendation by the commissioner concerning the data [report]. If the data reflect [report reflects] that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general. The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of district dropout data [a report]. SECTION 2. Section 42.152, Education Code, is amended by amending Subsections (c), (q), and (r) and adding Subsections (q-1) through (q-4) to read as follows: (c) Funds allocated under this section shall be used [only] to fund supplemental programs and services designed to eliminate any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion between students at risk of dropping out of school, as defined by Section 29.081, and all other students. Specifically, the funds, other than an indirect cost allotment established under State Board of Education rule, which may not exceed 15 percent, may be used [only] to meet the costs of providing a compensatory, intensive, or accelerated instruction program under Section 29.081 or an alternative education program established under Section 37.008 or to support a program eligible under Title I of the Elementary and Secondary Education Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent amendments, and by federal regulations implementing that Act, at a campus at which at least 40 [50] percent of the students are educationally disadvantaged. In meeting the costs of providing a compensatory, intensive, or accelerated instruction program under Section 29.081, a district's compensatory education allotment shall [may] be used [only] for costs supplementary to the regular education program, such as costs for program and student evaluation, instructional materials and equipment and other supplies required for quality instruction, supplemental staff expenses, salary for teachers of at-risk students, smaller class size, and individualized instruction. A home-rule school district or an open-enrollment charter school must use funds allocated under Subsection (a) for a purpose authorized in this subsection but is not otherwise subject to Subchapter C, Chapter 29. Notwithstanding any other provisions of this section: (1) to ensure that a sufficient amount of the funds allotted under this section are available to supplement instructional programs and services, no more than 18 percent of the funds allotted under this section may be used to fund disciplinary alternative education programs established under Section 37.008; [and] (2) the commissioner may waive the limitations of Subdivision (1) upon an annual petition, by a district's board and a district's site-based decision making committee, presenting the reason for the need to spend supplemental compensatory education funds on disciplinary alternative education programs under Section 37.008, provided that: (A) the[. The] district [shall] in its petition reports [report] the number of students in each grade level, by demographic subgroup, not making satisfactory progress under the state's assessment system; and (B) the[. The] commissioner makes the [will make this] waiver request information available annually to the public on the agency's website; and (3) for purposes of this subsection, a program specifically designed to serve students at risk of dropping out of school, as defined by Section 29.081, is considered to be a program supplemental to the regular education program, and a district may use its compensatory education allotment for such a program. (q) The State Board of Education, with the assistance of the state auditor and the comptroller, shall develop and implement by rule [a] reporting and auditing systems [system] for district and campus expenditures of compensatory education funds to ensure that compensatory education funds, other than the indirect cost allotment, are spent only to supplement the regular education program as required by Subsection (c). The reporting requirements shall be managed electronically to minimize local administrative costs. A district shall submit the report required by this subsection not later than the 150th day after the last day permissible for resubmission of information required under Section 42.006. (q-1) The commissioner shall develop a system to identify school districts that are at high risk of having used compensatory education funds other than in compliance with Subsection (c) or of having inadequately reported compensatory education expenditures. If a review of the report submitted under Subsection (q), using the risk-based system, indicates that a district is not at high risk of having misused compensatory education funds or of having inadequately reported compensatory education expenditures, the district may not be required to perform a local audit of compensatory education expenditures and is not subject to on-site monitoring under this section. (q-2) If a review of the report submitted under Subsection (q), using the risk-based system, indicates that a district is at high risk of having misused compensatory education funds, the commissioner shall notify the district of that determination. The district must respond to the commissioner not later than the 30th day after the date the commissioner notifies the district of the commissioner's determination. If the district's response does not change the commissioner's determination that the district is at high risk of having misused compensatory education funds or if the district does not respond in a timely manner, the commissioner shall: (1) require the district to conduct a local audit of compensatory education expenditures for the current or preceding school year; (2) order agency staff to conduct on-site monitoring of the district's compensatory education expenditures; or (3) both require a local audit and order on-site monitoring. (q-3) If a review of the report submitted under Subsection (q), using the risk-based system, indicates that a district is at high risk of having inadequately reported compensatory education expenditures, the commissioner may require agency staff to assist the district in following the proper reporting methods or amending a district or campus improvement plan under Subchapter F, Chapter 11. If the district does not take appropriate corrective action before the 45th day after the date the agency staff notifies the district of the action the district is expected to take, the commissioner may: (1) require the district to conduct a local audit of the district's compensatory education expenditures; or (2) order agency staff to conduct on-site monitoring of the district's compensatory education expenditures. (q-4) The commissioner, in the year following a local [an] audit of compensatory education expenditures, shall withhold from a district's foundation school fund payment an amount equal to the amount of compensatory education funds the agency determines were not used in compliance with Subsection (c). The commissioner shall release to a district funds withheld under this subsection when the district provides to the commissioner a detailed plan to spend those funds in compliance with Subsection (c). (r) The commissioner shall grant a one-year exemption from the requirements of Subsections (q)-(q-4) [Subsection (g)] to a school district in which the group of students who have failed to perform satisfactorily in the preceding school year on an assessment instrument required under Section 39.023(a), (c), or (l) subsequently performs on those assessment instruments at a level that meets or exceeds a level prescribed by commissioner rule. Each year the commissioner, based on the most recent information available, shall determine if a school district is entitled to an exemption for the following school year and notify the district of that determination. SECTION 3. Subsections (b), (c), and (d), Section 39.055, Education Code, are repealed. SECTION 4. Subsection (c), Section 42.152, Education Code, as amended by this Act, applies to the use of compensatory education funds allotted under Chapter 42, Education Code, for any school year, including a school year before September 1, 2003. SECTION 5. This Act takes effect September 1, 2003.
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