By:  Shapiro                                                      S.B. No. 976

A BILL TO BE ENTITLED
AN ACT
relating to high school completion and the creation of a middle college education pilot program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 11, Education Code, is amended by adding Section 11.255 to read as follows: Sec. 11.255. DROPOUT PREVENTION REVIEW. (a) Each district–level planning and decision-making committee and each campus–level planning and decision–making committee for a junior, middle, or high school campus shall analyze information related to dropout prevention, including: (1) the results of the audit of dropout records required by Section 39.055; (2) campus information related to graduation rates, dropout rates, high school equivalency certificate rates, and the percentage of students who remain in high school more than four years after entering grade level 9; (3) the number of students who enter a high school equivalency certificate program and: (A) do not complete the program; (B) complete the program but do not take the high school equivalency examination; or (C) complete the program and take the high school equivalency examination but do not obtain a high school equivalency certificate; (4) for students enrolled in grade levels 9 and 10, information related to academic credit hours earned, retention rates, and placements in alternative education programs and expulsions under Chapter 37; and (5) the results of an evaluation of each school–based dropout prevention program in the district. (b) Each district-level planning and decision–making committee and each campus–level planning and decision–making committee shall use the information reviewed under this section in developing district or campus improvement plans under this subchapter. SECTION 2. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.908 to read as follows: Sec. 29.908. MIDDLE COLLEGE EDUCATION PILOT PROGRAM. (a) The commissioner shall establish and administer a middle college education pilot program for students who are at risk of dropping out of school. For purposes of this section, "student at risk of dropping out of school" has the meaning assigned by Section 29.081. (b) The program must: (1) provide for a course of study that enables a participating student to combine high school courses and college-level courses during grade levels 11 and 12; (2) allow a participating student to complete high school and receive at least a high school diploma and associate degree at the time of graduation; (3) include articulation agreements under Subchapter T, Chapter 61, with colleges, universities, and technical schools in this state to provide a participating student access to postsecondary educational and training opportunities; and (4) provide a participating student flexibility in class scheduling and academic mentoring. (c) A student participating in the program is entitled to the benefits of the Foundation School Program in proportion to the amount of time spent by the student on high school courses, in accordance with rules adopted by the commissioner. The commissioner may accept gifts, grants, and donations from any source, including private and nonprofit organizations, to pay any costs of the program not covered by the student's Foundation School Program benefits. (d) The commissioner shall consult the Texas Higher Education Coordinating Board in establishing and administering the program. SECTION 3. Subsection (a), Section 39.131, Education Code, is amended to read as follows: (a) If a district does not satisfy the accreditation criteria, the commissioner shall take any of the following actions, listed in order of severity, to the extent the commissioner determines necessary: (1) issue public notice of the deficiency to the board of trustees; (2) order a hearing conducted by the board of trustees of the district for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the agency, and the sanctions that may be imposed under this section if the performance does not improve; (3) order the preparation of a student achievement improvement plan that addresses each academic excellence indicator for which the district's performance is unacceptable, the submission of the plan to the commissioner for approval, and implementation of the plan; (4) order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board of trustees of the district and the superintendent shall appear and explain the district's low performance, lack of improvement, and plans for improvement; (5) arrange an on-site investigation of the district; (6) appoint an agency monitor to participate in and report to the agency on the activities of the board of trustees or the superintendent; (7) appoint a master to oversee the operations of the district; (8) appoint a management team to direct the operations of the district in areas of unacceptable performance or require the district to obtain certain services under a contract with another person; (9) if a district has been rated as academically unacceptable for a period of one year or more, appoint a board of managers to exercise the powers and duties of the board of trustees; [or] (10) if a district has been rated as academically unacceptable for a period of two years or more: (A) annex the district to one or more adjoining districts under Section 13.054; or (B) in the case of a home-rule school district or open-enrollment charter school, order closure of all programs operated under the district's or school's charter; or (11) if a district has been rated as academically unacceptable for a period of two years or more due to the district's dropout rates, impose sanctions designed to improve high school completion rates, including: (A) ordering the development of a dropout prevention plan for approval by the commissioner; (B) restructuring the district or appropriate school campuses to improve identification of and service to students who are at risk of dropping out of school, as defined by Section 29.081; (C) ordering lower student-to-counselor ratios on school campuses with high dropout rates; and (D) ordering the use of any other intervention strategy effective in reducing dropout rates, including mentor programs and flexible class scheduling. SECTION 4. (a) This Act takes effect September 1, 2003. (b) Sections 1 and 3 of this Act apply beginning with the 2004-2005 school year.