80R6930 ESH-D

By: Dutton H.B. No. 1647

A BILL TO BE ENTITLED

AN ACT

relating to the computation of average daily attendance under the Foundation School Program and to participation by charter schools in the Public Education Information Management System for additional purposes, including computation of average daily attendance.

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

SECTION 1. Section 12.104(b), Education Code, is amended to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) [to the extent necessary to monitor compliance with this subchapter as determined by the commissioner];

(B) criminal history records under Subchapter C, Chapter 22;

(C) reading instruments and accelerated reading instruction programs under Section 28.006;

(D) satisfactory performance on assessment instruments and to accelerated instruction under Section 28.0211;

(E) high school graduation under Section 28.025;

(F) special education programs under Subchapter A, Chapter 29;

(G) bilingual education under Subchapter B, Chapter 29;

(H) prekindergarten programs under Subchapter E, Chapter 29;

(I) extracurricular activities under Section 33.081;

(J) discipline management practices or behavior management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) public school accountability under Subchapters B, C, D, and G, Chapter 39;

(M) the requirement under Section 21.006 to report an educator's misconduct; and

(N) intensive programs of instruction under Section 28.0213.

SECTION 2. Section 42.005, Education Code, is amended by adding Subsection (h) to read as follows:

(h) The commissioner shall adopt rules requiring school districts and open-enrollment charter schools to report student attendance through the Public Education Information Management System (PEIMS) at six-week intervals during the school year. To the extent consistent with this chapter, the commissioner shall provide state assistance under this chapter based on student attendance as reported in compliance with this subsection.

SECTION 3. Section 12.104(b), Education Code, as amended by this Act, and Section 42.005(h), Education Code, as added by this Act, apply beginning with the 2007-2008 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, 2007.