79R9620 SLO-D

By:  Shapiro                                                      S.B. No. 1394



A BILL TO BE ENTITLED

AN ACT

relating to performance standards for gifted and talented programs 
in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 29, Education Code, is 
amended by adding Section 29.124 to read as follows:
	Sec. 29.124.  PERFORMANCE STANDARDS; STATE FUNDING.  (a)  
The commissioner shall adopt the performance standards developed by 
the agency under the pilot project required by Rider 52, page 
III-17, Chapter 1330, Acts of the 78th Legislature, Regular 
Session, 2003 (the General Appropriations Act), for assessing the 
performance in English language arts, mathematics, science, and 
social studies of students in a program for gifted and talented 
students. The commissioner may adopt performance standards for 
assessing the performance in other subjects or at other grade 
levels of students in a program for gifted and talented students.  
The commissioner shall establish the minimum level of student 
performance necessary to comply with the performance standards and 
may periodically raise the minimum level as the commissioner 
determines necessary.
	(b)  A school district is not required to use the performance 
standards adopted under Subsection (a).
	(c)  From funds appropriated for that purpose, for each 
student who meets the minimum level of performance on the 
performance standards adopted under Subsection (a), a school 
district is entitled to $100. A school district must use funds 
received under this subsection in providing a program for gifted 
and talented students under this subchapter. The amount 
appropriated for any fiscal year for purposes of this subsection 
may not exceed $6 million.
	(d)  The commissioner may adopt rules necessary to 
administer this section.
	SECTION 2.  This Act applies beginning with the 2005-2006 
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 September 1, 2005.