By:  West                                                         S.B. No. 1036


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.  Chapter 29, Education Code, is amended by adding 
Section 29.0822 to read as follows:
	Section 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 twelve who have dropped out of school or who are 
at-risk of dropping out.
	(b)  To enable a school district to provide a program under 
this section that meets the needs of students, a school district 
may:
		(1)  provide flexibility in the number of hours a day a 
student attends;
		(2)  provide flexibility in the number of days a week a 
student attends;
		(3)  allow a student to enroll in less or more than a 
full-course load;
	(c)  A program under this section must provide for at least 
the same number of instructional hours for each course as would be 
provided if that course were offered in a program that meets the 
required minimum number of instructional days under Section 25.081 
and the 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 at-risk 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 commission may set maximum funding amounts 
for an individual course under this section.
	SECTION 2.  Section 42.005(a), 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); or
		(3)  for a district that operates under a flexible 
school day program under Section 29.0822, the average daily 
attendance as calculated by the commissioner in accordance with 
Section 29.0822(d).
	SECTION 3.  This Act applies beginning with the 2005-2006 
school year.       
	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, 2005.