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By:  Hochberg                                                     H.B. No. 33 



A BILL TO BE ENTITLED

AN ACT

relating to an optional flexible school day program for students in 
grades nine through twelve who have dropped out of school or who are 
at-risk of dropping out.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 29, Education Code, is 
amended by adding Section 29.0822 to read as follows:
	Sec. 29.0822. OPTIONAL FLEXIBLE SCHOOL DAY PROGRAM.  
(a)  Notwithstanding Section 25.081 or 25.082, a school district 
may provide a flexible school day program for students in grades 
nine through 12 who have dropped out of school or who are at risk of 
dropping out of school as defined by Section 29.081.
	(b)  To enable a school district to provide a program under 
this section that meets the needs of students described by 
Subsection (a), a school district may:
		(1)  provide flexibility in the number of hours each 
day a student attends;
		(2)  provide flexibility in the number of days each 
week a student attends; or
		(3)  allow a student to enroll in less or more than a 
full course load;
	(c)  A course offered in a program under this section must 
provide for at least the same number of instructional hours as 
required for a course offered in a program that meets the required 
minimum number of instructional days under Section 25.081 and the 
required length of school day under Section 25.082.
	(d)  The commissioner may adopt rules for the administration 
of this section.  The commissioner shall calculate average daily 
attendance for students served under this section.  The 
commissioner shall allow accumulations of hours of instruction for 
students whose schedule would not otherwise allow full state 
funding.  Funding under this subsection shall be determined based 
on the number of instructional days in the district calendar and a 
seven-hour school day, but attendance may be cumulated over a 
school year, inclusive of any summer or vacation sessions.  The 
attendance of students who accumulate less than the number of 
attendance hours required under this subsection shall be 
proportionately reduced for funding purposes.  The commissioner may 
set maximum funding amounts for an individual course under this 
section.
	SECTION 2.  This Act applies beginning with the 2006-2007 
school year.       
	SECTION 3.  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 on the 91st day after the last day of the 
legislative session.