By: Crownover, et al. Senate Sponsor-Shapleigh H.B. No. 1609

(In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Education; May 21, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 21, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1609 By: West

A BILL TO BE ENTITLED

AN ACT

relating to the Communities In Schools program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 33.154 and 33.155, Education Code, are amended to read as follows:

Sec. 33.154. DUTIES OF COMMISSIONER [STATE DIRECTOR]. (a) The commissioner [state director] shall:

(1) coordinate the efforts of the Communities In Schools program with other social service organizations and agencies and with public school personnel to provide services to students who are at risk of dropping out of school or engaging in delinquent conduct, including students who are in family conflict or emotional crisis;

(2) set standards for the Communities In Schools program and establish state performance goals, objectives, and measures for the program, including performance goals, objectives, and measures that consider improvement in student:

(A) behavior;

(B) academic achievement; and

(C) promotion, graduation, retention, and dropout rates;

(3) obtain information to determine accomplishment of state performance goals, objectives, and measures;

(4) promote and market the program in communities in which the program is not established;

(5) help communities that want to participate in the program establish a local funding base; [and]

(6) provide training and technical assistance for participating communities and programs; and

(7) adopt policies concerning:

(A) the responsibility of the agency in encouraging local businesses to participate in local Communities In Schools programs;

(B) the responsibility of the agency in obtaining information from participating school districts;

(C) the use of federal or state funds available to the agency for programs of this nature; and

(D) any other areas concerning the program identified by the commissioner.

(b) The commissioner shall adopt rules to implement the policies described by Subsection (a)(7) and shall annually update the rules.

(c) Notwithstanding any provision of this subchapter, if the commissioner determines that a program consistently fails to achieve the performance goals, objectives, and measures established by the commissioner under Subsection (a)(2), the commissioner may withhold funding from that program and require the program to compete through a competitive bidding process to receive funding to participate in the program.

Sec. 33.155. [DEPARTMENT] COOPERATION WITH COMMUNITIES IN SCHOOLS, INC. [; MEMORANDUM OF UNDERSTANDING. (a)] The agency[, the department,] and Communities In Schools, Inc. shall work together to maximize the effectiveness of the Communities In Schools program.

SECTION 2. Subchapter E, Chapter 33, Education Code, is amended by adding Section 33.159 to read as follows:

Sec. 33.159. AGENCY PERFORMANCE OF COMMUNITIES IN SCHOOLS FUNCTIONS REQUIRED. The agency, through the Communities In Schools State Office:

(1) must perform each function concerning the Communities In Schools program for which the agency is responsible; and

(2) may not contract with a private entity to perform a function described by Subdivision (1).

SECTION 3. Section 42.152, Education Code, is amended by adding Subsection (u) to read as follows:

(u) From the total amount of funds appropriated for allotments under this section, the commissioner shall, each fiscal year, withhold an amount to be determined by appropriation for prekindergarten through high school programs under Subchapter E, Chapter 33, and distribute that amount as provided by Section 33.156. After deducting the amount withheld under this subsection from the total amount appropriated for the allotment under Subsection (a), the commissioner shall reduce each district's tier one allotments in the same manner described for a reduction in allotments under Section 42.253 and shall allocate funds to each district accordingly.

SECTION 4. Sections 33.151(1), 33.153, and 33.155(b) and (c), Education Code, are repealed.

SECTION 5. This Act takes effect September 1, 2007.

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