80R16366 PAM-D

By: West, Royce S.B. No. 2035

A BILL TO BE ENTITLED

AN ACT

relating to dropout prevention and intervention in public schools and compulsory school attendance.

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

SECTION 1. Sections 7.009(a) and (b), Education Code, are amended to read as follows:

(a) In coordination with the Legislative Budget Board, the agency shall establish an online clearinghouse of information relating to best practices of campuses and school districts regarding instruction, dropout prevention, public school finance, resource allocation, and business practices. To the extent practicable, the agency shall ensure that information provided through the online clearinghouse is specific, actionable information relating to the best practices of high-performing and highly efficient campuses and school districts rather than general guidelines relating to campus and school district operation. The information must be accessible by campuses, school districts, and interested members of the public.

(b) The agency shall solicit and collect from the Legislative Budget Board, centers for education research established under Section 1.005, and exemplary or recognized school districts, campuses, and open-enrollment charter schools, as rated under Section 39.072, examples of best practices relating to instruction, dropout prevention, public school finance, resource allocation, and business practices, including best practices relating to curriculum, scope and sequence, compensation and incentive systems, bilingual education and special language programs, compensatory education programs, and the effective use of instructional technology, including online courses.

SECTION 2. Subchapter B, Chapter 7, Education Code, is amended by adding Section 7.031 to read as follows:

Sec. 7.031. STUDY OF BEST PRACTICES FOR DROPOUT PREVENTION. (a) The agency shall contract with one or more centers for education research established under Section 1.005 to:

(1) study the best practices of campuses and school districts in this state and other states regarding dropout prevention programs; and

(2) prepare a report regarding the findings of the study.

(b) The report under Subsection (a) must:

(1) identify any high-performing and highly efficient dropout prevention programs;

(2) identify the dropout prevention programs under Subdivision (1) that have the most potential for success in this state; and

(3) recommend legislation or other actions necessary to implement a dropout prevention program identified under Subdivision (2).

(c) Not later than December 1, 2008, the agency shall deliver the report produced under Subsection (a) to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the standing committees of each house of the legislature with primary jurisdiction over public education.

(d) This section expires January 1, 2009.

SECTION 3. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.4541 to read as follows:

Sec. 21.4541. MATHEMATICS INSTRUCTIONAL COACHES PILOT PROGRAM. (a) Using funds appropriated for that purpose, the commissioner by rule shall establish a pilot program under which participating school districts and campuses receive assistance in developing the instructional expertise of teachers who instruct students in mathematics at the middle school, junior high school, or high school level.

(b) The commissioner shall select school districts and campuses to participate in the pilot program that have relatively low:

(1) levels of student performance at the middle school, junior high school, or high school level on the assessment instruments in mathematics required under Section 39.023; and

(2) numbers of teachers who are properly certified in mathematics under Subchapter B.

(c) The commissioner shall design the pilot program so that each participating school district or campus has access to the services of an individual who is certified under Subchapter B to teach mathematics at the appropriate grade levels and who has significant experience in providing mathematics instruction to students. The individual must be available to provide instructional coaching to district or campus teachers who provide instruction in mathematics at the middle school, junior high school, or high school level. The instructional coaching may include:

(1) providing classes to teachers on effective mathematics instruction;

(2) providing individual tutoring to teachers regarding effective mathematics instruction; or

(3) engaging in any other activities determined by the commissioner as likely to improve the instructional skills of teachers providing mathematics instruction.

(d) The commissioner shall adopt rules necessary to implement the pilot program. In adopting rules under this subsection, the commissioner shall adopt procedures that coordinate a grant of funds under this section with the funding for mentor teachers under Section 21.458.

SECTION 4. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.462 to read as follows:

Sec. 21.462. MATHEMATICS, SCIENCE, AND TECHNOLOGY TEACHER PREPARATION ACADEMIES. (a) From funds appropriated for that purpose, the Texas Higher Education Coordinating Board shall establish academies at institutions of higher education to improve the instructional skills of teachers certified under Subchapter B and train students enrolled in a teacher preparation program to perform at the highest levels in mathematics, science, and technology. The coordinating board may adopt rules as necessary to administer this section.

(b) Before an institution of higher education establishes an academy under this section, the institution must apply through a competitive process, as determined by the Texas Higher Education Coordinating Board, and meet any requirements established by the coordinating board for designation as an academy under this section and continued funding. The institution of higher education must have a teacher preparation program approved by the State Board for Educator Certification or be affiliated with an approved program in a manner that allows participants to meet the certification requirements under Sections 21.0482, 21.0483, and 21.0484.

(c) The Texas Higher Education Coordinating Board and the State Board for Educator Certification shall adopt rules to coordinate the requirements of each board to facilitate the ability of a graduate of an academy established under this section to obtain a master teacher certificate under Section 21.0482, 21.0483, or 21.0484.

(d) A participant in an academy program must be:

(1) an experienced teacher who:

(A) is recommended by a school district; and

(B) has at least five years experience teaching mathematics, science, or technology in assignments for which the teacher met all certification requirements; or

(2) a teacher preparation program candidate who has or will graduate with a degree in mathematics, science, or technology.

(e) An academy program shall:

(1) offer a masters-level degree as part of the program on a schedule that allows a teacher participant to complete the program and degree while employed as a teacher;

(2) coordinate with the mathematics, science, and technology departments of the institution of higher education operating the program to facilitate the ability of:

(A) academy participants to take advanced courses and qualify for degrees; and

(B) teacher preparation program candidates pursuing mathematics, science, or technology degrees to participate in academy programs;

(3) integrate advanced subject-matter coursework with instructional methodology and curriculum delivery; and

(4) focus on strengthening instructional skills.

(f) An academy program may:

(1) provide financial assistance for the purpose of allowing participants to complete the program and obtain a master teacher certificate under Section 21.0482, 21.0483, or 21.0484;

(2) include programs in leadership skills to develop training, mentoring, and coaching skills;

(3) deliver coursework electronically for some or all of the program; and

(4) provide for ongoing professional development and coordination with specific public school instructional programs.

(g) The commissioner of education shall, to the extent funds are appropriated for that purpose:

(1) develop training materials under Sections 21.454 and 21.456 consistent with the academy training and master mathematics, science, and technology certification;

(2) coordinate the activities of professional development institutes in mathematics under Section 21.455 with activities of academies established under this section; and

(3) target grants under Sections 21.411, 21.412, and 21.413 to support experienced teachers participating in an academy program.

SECTION 5. Sections 25.085(b) and (e), Education Code, are amended to read as follows:

(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not completed the school year in which [yet reached] the child's 18th birthday occurs shall attend school.

(e) A person who voluntarily enrolls in school or voluntarily attends school [after the person's 18th birthday] shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.

SECTION 6. Section 28.0212, Education Code, is amended by adding Subsections (d) and (e) to read as follows:

(d) The agency shall establish minimum standards for a personal graduation plan under this section.

(e) The commissioner may adopt rules as necessary to administer this section.

SECTION 7. Subchapter C, Chapter 29, Education Code, is amended by adding Sections 29.095, 29.096, and 29.097 to read as follows:

Sec. 29.095. GRANTS FOR STUDENT CLUBS. (a) In this section, "student at risk of dropping out of school" has the meaning assigned by Section 29.081(d).

(b) The commissioner shall administer a pilot program to provide grants to school districts to fund student club activities for students at risk of dropping out of school. From funds appropriated for purposes of this subchapter, the commissioner shall spend an amount not to exceed $5 million in any state fiscal biennium on the program.

(c) The commissioner may award a grant in an amount not to exceed $5,000 in a school year to a school district on behalf of a student club at a district high school campus at which at least 60 percent of students are identified as students at risk of dropping out of school. To be eligible for a grant, the student club and the club's sponsor must be sanctioned by the campus and district. A grant awarded under this program must be matched by other state, federal, or local funds, including donations, in an amount equal to the amount of the grant. A district shall seek donations or sponsorships from local businesses or community organizations to raise the matching funds. The commissioner may award a grant on behalf of more than one student club at a campus in the same school year.

(d) The commissioner shall establish application criteria for receipt of a grant under this section. The criteria must require confirmation that the appropriate campus-level planning and decision-making committee established under Subchapter F, Chapter 11, and the school district board of trustees have approved a plan that includes:

(1) a description of the student club;

(2) a statement of the student club's goals, intent, and activities;

(3) a statement of the source of funds to be used to match the grant;

(4) a budget for the student club;

(5) a statement showing that the student club's finances are sustainable; and

(6) any other information the commissioner requires.

(e) The commissioner shall establish the minimum requirements for a local grant agreement, including requiring:

(1) the agreement to be signed by the sponsor of a student club receiving a grant and another authorized school district officer; and

(2) the district and the student club to participate in an evaluation, as determined by the commissioner, of the club's program and the program's effect on student achievement and dropout rates.

(f) A student club may use funds awarded under this section to support academic or co-curricular club activities, other than athletics, in which at least 50 percent of the participating students have been identified as students at risk of dropping out of school. A student club may use funds for materials, sponsor stipends, and other needs that directly support the club's activities. A student club must use the entire amount of the grant to directly fund the club's activities described in the plan approved as provided by Subsection (d). A student club may not use more than 50 percent of a grant to pay sponsor stipends.

(g) The school district board of trustees shall ensure that funds awarded under this section are expended in compliance with Subsection (f). At the end of the school year, a student club that receives a grant must submit a report to the board of trustees summarizing the club's activities and the extent to which the club met the club's goals and achieved the club's intent. The decision of the board of trustees under this subsection relating to compliance with Subsection (f) is final and may not be appealed.

Sec. 29.096. EARLY WARNING DATA SYSTEM. (a) Using funds appropriated for that purpose, the commissioner by rule shall establish an early warning data system to identify students in grades six through 12 likely to drop out of school.

(b) An early warning data system created under this section must use student performance data and other indicators, including one or more of the at-risk indicators described by Section 29.081(d), attendance and truancy patterns for the student, and any other information as determined by the commissioner, to identify at the earliest possible time a student likely to drop out of school so that appropriate intervention services may be provided to the student by the school district or open-enrollment charter school.

(c) The commissioner shall provide analytical tools to school districts and open-enrollment charter schools to support detection of and early intervention for students likely to drop out of school.

Sec. 29.097. COLLABORATIVE DROPOUT REDUCTION PILOT PROGRAM. (a) Using funds appropriated for that purpose, the commissioner by rule shall establish a pilot program under which a school district or open-enrollment charter school may receive a grant to implement a local collaborative dropout reduction program.

(b) In selecting school districts or open-enrollment charter schools to participate and receive a grant under this section, the commissioner:

(1) shall consider districts and charter schools that:

(A) have a relatively high number, as determined by the commissioner, of students in grades six through 12 who drop out of school;

(B) operate programs that serve a significant population, as determined by the commissioner, of students who have dropped out of school; and

(C) are affected by local factors, including high rates, as determined by the commissioner, of juvenile delinquency and other criminal activity; and

(2) may consider the availability to a school district or charter school of the following factors to support a grant under this section:

(A) matching funds or other funds; and

(B) coordinated services.

(c) The commissioner shall establish application criteria for receiving a grant under this section. The criteria must require a school district or open-enrollment charter school that applies for a grant to collaborate with local businesses, other local governments or law enforcement agencies, nonprofit organizations, faith-based organizations, or institutions of higher education to deliver proven, research-based intervention services. The goal of the program is to coordinate services and programs among local entities to:

(1) comprehensively reduce the number of students who drop out of school in that community; and

(2) increase the job skills, employment opportunities, and continuing education opportunities of students who might otherwise have dropped out of school.

(d) The commissioner shall establish minimum standards for a local collaborative agreement, including a requirement that the agreement must be signed by an authorized school district or open-enrollment charter school officer and an authorized representative of each of the other participating entities that is a partner in the collaboration. The program must:

(1) limit participation in the program to students authorized to participate by a parent or other person standing in parental relationship;

(2) have as a primary goal graduation from high school under at least the minimum high school program;

(3) provide for local businesses or other employers to offer paid employment or internship opportunities and advanced career and vocational training;

(4) include an outreach component and a lead educational staff member to identify and involve eligible students and public and private entities in participating in the program;

(5) serve a population of students of which at least 50 percent are identified as students at risk of dropping out of school, as described by Section 29.081(d);

(6) allocate not more than 15 percent of grant funds and matching funds, as determined by the commissioner, to administrative expenses;

(7) include matching funds from any of the participating entities; and

(8) include any other requirements as determined by the commissioner.

(e) A local collaborative agreement under this section may:

(1) be coordinated with other services provided to students or their families by public or private entities;

(2) provide for local businesses to support the program, including:

(A) encouraging employees to engage in mentoring students and other school-related volunteer activities; and

(B) using matching funds to provide paid time off for volunteer activities under Paragraph (A) and other activities related to encouraging school involvement of parents of students enrolled in the program;

(3) allow grant funds to reimburse reasonable costs of participating entities;

(4) provide for electronic course delivery by a school district, open-enrollment charter school, or an institution of higher education; and

(5) be hosted or housed by a chamber of commerce, local workforce agency, local employer, or other public or private participating entity.

(f) The commissioner may approve innovative instructional techniques for course credit in the enrichment curriculum leading to high school graduation under a collaborative program and shall develop accountability measures appropriate to those programs. The commissioner may fund electronic courses that are part of a collaborative program and that are otherwise eligible for state funds. Funding for an electronic course may not exceed the total amount of state and local funding for a student to which the school district or open-enrollment charter school would otherwise be entitled.

(g) Nothing in this section authorizes the award of a high school diploma other than in compliance with Section 28.025.

(h) The commissioner shall adopt rules necessary to administer the pilot program under this section.

SECTION 8. Subchapter Z, Chapter 29, Education Code, is amended by adding Section 29.918 to read as follows:

Sec. 29.918. DROPOUT PREVENTION STRATEGIES. (a) Notwithstanding Section 42.152, a school district or open-enrollment charter school with a high dropout rate, as determined by the commissioner, must submit a plan to the commissioner describing the manner in which the district or charter school intends to use the compensatory education allotment under Section 42.152 for developing and implementing research-based strategies for dropout prevention.

(b) A school district or open-enrollment charter school to which this section applies may not spend or obligate more than 25 percent of the district's or charter school's compensatory education allotment unless the commissioner approves the plan submitted under Subsection (a).

(c) The commissioner shall adopt rules to administer this section. The commissioner may impose sanctions under Section 39.131 or 39.1321 if a school district or open-enrollment charter school fails to timely comply with this section.

SECTION 9. (a) With funds appropriated for that purpose, the commissioner of education shall conduct studies of:

(1) available data and student characteristics for the purpose of developing indicators for students in grades six through 12 who are identified as at risk of dropping out of school, as described by Section 29.081(d), Education Code; and

(2) analytical tools for identifying and providing intervention strategies for the students described by Subdivision (1) of this subsection.

(b) The commissioner of education may contract with one or more centers for education research established under Section 1.005, Education Code, to conduct some or all of the studies required by this section.

(c) The commissioner of education shall report the results of studies conducted under this section to the legislature not later than September 1, 2008.

SECTION 10. (a) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2007-2008 school year.

(b) The commissioner of education may delay implementing any part of this Act until the 2008-2009 school year to the extent that the commissioner determines that:

(1) a study is required to support implementation;

(2) data is not currently available to support implementation; or

(3) implementation in the 2007-2008 school year is impracticable.

SECTION 11. 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.