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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 81st Legislature, Regular Session, 2009, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 3, relating to public school |
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accountability, curriculum, and promotion requirements, to |
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consider and take action on the following matters: |
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(1) House Rule 13, Sections 9(a)(1), (2), and (4), are |
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suspended to permit the committee to change and omit text not in |
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disagreement and to add text on a matter not included in either |
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version of the bill, in SECTION 1 of the bill, in Section 7.009, |
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Education Code, to read as follows: |
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SECTION 1. Section 7.009, Education Code, is amended to |
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read as follows: |
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Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In |
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coordination with the Legislative Budget Board, the agency shall |
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establish an online clearinghouse of information relating to best |
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practices of campuses, [and] school districts, and open-enrollment |
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charter schools. The agency shall determine the appropriate topic |
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categories for which a campus, district, or charter school may |
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submit best [regarding instruction, dropout prevention, public
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school finance, resource allocation, and business] practices. To |
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the extent practicable, the agency shall ensure that information |
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provided through the online clearinghouse is specific, actionable |
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information relating to the best practices of high-performing and |
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highly efficient campuses, [and school] districts, and |
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open-enrollment charter schools and of academically acceptable |
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campuses, districts, and open-enrollment charter schools that have |
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demonstrated significant improvement in student achievement rather |
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than general guidelines relating to campus, [and school] district, |
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and open-enrollment charter school operation. The information must |
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be accessible by campuses, school districts, open-enrollment |
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charter schools, and interested members of the public. |
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(b) The agency shall solicit and collect from the |
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Legislative Budget Board, centers for education research |
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established under Section 1.005, and [exemplary or recognized] |
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school districts, campuses, and open-enrollment charter schools[,
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as rated under Section 39.072,] examples of best practices as |
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determined by the agency under Subsection (a) [relating to
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instruction, dropout prevention, public school finance, resource
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allocation, and business practices, including best practices
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relating to curriculum, scope and sequence, compensation and
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incentive systems, bilingual education and special language
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programs, compensatory education programs, and the effective use of
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instructional technology, including online courses]. |
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(c) The agency shall contract for the services of one or |
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more third-party contractors to develop, implement, and maintain a |
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system of collecting and evaluating the best practices of campuses, |
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[and] school districts, and open-enrollment charter schools as |
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provided by this section. In addition to any other considerations |
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required by law, the agency must consider an applicant's |
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demonstrated competence and qualifications in analyzing campus, |
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[and] school district, and open-enrollment charter school |
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practices in awarding a contract under this subsection. |
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(d) The commissioner may purchase from available funds |
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curriculum and other instructional tools identified under this |
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section to provide for use by school districts and open-enrollment |
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charter schools. |
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Explanation: The alteration of text is necessary to permit |
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school districts and open-enrollment charter schools to submit best |
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practices in any relevant area, to clarify that a third-party |
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contractor may collect and evaluate best practices submitted by |
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open-enrollment charter schools, and to clarify that the |
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commissioner of education may purchase curriculum and other |
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instructional tools to provide for use by open-enrollment charter |
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schools. |
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(2) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement, in SECTION 25 of the |
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bill, in amended Section 28.002, Education Code, to read as |
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follows: |
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(c-2) The State Board of Education shall adopt rules to |
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authorize each school district to implement a program under which |
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students in middle or junior high school may earn credits toward |
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high school graduation in middle or junior high school for any |
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course determined by board rule to qualify as a high school |
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equivalent course. |
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Explanation: The omission of text is necessary to remove the |
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requirement directing the State Board of Education to adopt rules |
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to authorize school district programs to allow middle or junior |
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high school students to earn high school credit. |
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(3) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement, in SECTION 27 of the |
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bill, in amended Section 28.014(d), Education Code, to read as |
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follows: |
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(d) The agency, in coordination with the Texas Higher |
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Education Coordinating Board, shall adopt a series of questions to |
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be included in an end-of-course assessment instrument administered |
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under Subsection (c) to be used for purposes of Section 51.3062. |
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The questions must be developed in a manner consistent with any |
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college readiness standards adopted under Sections 39.233 [39.113] |
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and 51.3062. [A student's performance on a question adopted under
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this subsection may not be used to determine the student's
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performance on an end-of-course assessment instrument.] |
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Explanation: The omission of text is necessary to permit a |
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student's performance on a specific question related to |
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postsecondary readiness on an end-of-course assessment instrument |
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to be used to determine the student's performance on the assessment |
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instrument. |
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(4) House Rule 13, Section 9(a)(2), is suspended to permit |
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the committee to omit text not in disagreement, in added Section |
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28.025(b-5), Education Code, to read as follows: |
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(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1), |
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79th Legislature, 3rd Called Session, 2006, the curriculum |
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requirements for the recommended and advanced high school programs |
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under Subsection (b-1) apply to students entering the ninth grade |
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beginning with the 2011-2012 school year. This subsection expires |
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September 1, 2015. |
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Explanation: The omission of text is necessary to have the |
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high school curriculum requirements for the recommended and |
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advanced high school programs established under Chapter 5 (H.B. 1), |
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79th Legislature, 3rd Called Session, 2006, apply to students |
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entering the ninth grade beginning with the 2007-2008 school year, |
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as originally intended. |
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(5) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either version |
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of the bill, under SECTION 30 of the bill, in amended Section |
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28.025, Education Code, to read as follows: |
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(b-7) The agency shall establish a pilot program allowing a |
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student attending school in a county with a population of more than |
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one million and in which more than 80 percent of the population |
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resides in a single municipality to satisfy the fine arts credit |
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required under Subsection (b-1)(3)(A) by participating in a fine |
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arts program not provided by the school district in which the |
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student is enrolled. The fine arts program may be provided on or |
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off a school campus and outside the regular school day. Not later |
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than December 1, 2010, the agency shall provide to the legislature a |
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report regarding the pilot program, including the feasibility of |
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expanding the pilot program statewide. |
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(b-8) A school district, with the approval of the |
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commissioner, may allow a student to comply with the curriculum |
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requirements for the physical education credit required under |
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Subsection (b-1)(3)(B) by participating in a private or |
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commercially sponsored physical activity program provided on or off |
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a school campus and outside the regular school day. |
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Explanation: The additions are necessary to establish a fine |
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arts pilot program and to establish an alternative method for |
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meeting the physical education credit requirement. |
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(6) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add the following SECTION to the bill on a matter |
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not included in either version of the bill to read as follows: |
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SECTION 52. Section 39.0234(a), Education Code, is amended |
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to read as follows: |
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(a) The agency shall ensure that assessment instruments |
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required under Section 39.023 are capable of being administered by |
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computer. The commissioner may not require a school district or |
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open-enrollment charter school to administer an assessment |
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instrument by computer. |
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Explanation: This addition is necessary to prohibit |
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mandatory administration of assessment instruments by computer. |
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(7) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either version |
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of the bill, under SECTION 59 of the bill, in proposed Section |
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39.057(a), Education Code, to read as follows: |
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(a) The commissioner shall authorize special accreditation |
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investigations to be conducted: |
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. . . |
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(12) when resource allocation practices as evaluated |
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under Section 39.0821 indicate a potential for significant |
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improvement in resource allocation; or . . . |
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Explanation: This addition is necessary to authorize a |
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special accreditation investigation when the comptroller has |
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identified the potential for significant improvement in resource |
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allocation exists at a school district or campus. |
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(8) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either version |
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of the bill, under SECTION 59 of the bill, in added Section 39.0821, |
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Education Code, to read as follows: |
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(b) In reviewing resources allocation practices of |
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districts and campuses under this section, the comptroller shall |
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ensure resources are being used for the instruction of students by |
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evaluating: |
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(1) the operating cost for each student; |
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(2) the operating cost for each program; and |
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(3) the staffing cost for each student. |
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Explanation: The addition is necessary to ensure school |
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district and campus resources are being used for the instruction of |
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students. |