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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 3, relating to public school accountability, |
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curriculum, and promotion requirements, to consider and take |
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action on the following matter: |
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(1) Senate Rules 12.03(1), (2), and (4) are suspended to |
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permit the committee to change and omit text not in disagreement |
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and to add text on a matter not included in either version of the |
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bill, in SECTION 1 of the bill, in Section 7.009, Education Code, |
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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 |
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best practices of campuses, [and] school districts, and |
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open-enrollment charter schools. The agency shall determine the |
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appropriate topic categories for which a campus, district, or |
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charter school may submit best [regarding instruction, dropout
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prevention, public school finance, resource allocation, and
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business] practices. To the extent practicable, the agency shall |
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ensure that information provided through the online |
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clearinghouse is specific, actionable information relating to |
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the best practices of high-performing and highly efficient |
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campuses, [and school] districts, and open-enrollment charter |
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schools and of academically acceptable campuses, districts, and |
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open-enrollment charter schools that have demonstrated |
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significant improvement in student achievement rather than |
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general guidelines relating to campus, [and school] district, |
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and open-enrollment charter school operation. The information |
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must be accessible by campuses, school districts, |
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open-enrollment charter schools, and interested members of the |
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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 |
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schools[, as rated under Section 39.072,] examples of best |
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practices as determined by the agency under Subsection (a) |
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[relating to instruction, dropout prevention, public school
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finance, resource allocation, and business practices, including
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best practices relating to curriculum, scope and sequence,
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compensation and incentive systems, bilingual education and
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special language programs, compensatory education programs, and
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the effective use of instructional technology, including online
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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 |
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a system of collecting and evaluating the best practices of |
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campuses, [and] school districts, and open-enrollment charter |
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schools as provided by this section. In addition to any other |
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considerations required by law, the agency must consider an |
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applicant's demonstrated competence and qualifications in |
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analyzing campus, [and] school district, and open-enrollment |
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charter school practices in awarding a contract under this |
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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 |
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open-enrollment charter schools. |
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Explanation: The alteration of text is necessary to |
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permit school districts and open-enrollment charter schools to |
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submit best practices in any relevant area, to clarify that a |
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third-party contractor may collect and evaluate best practices |
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submitted by open-enrollment charter schools, and to clarify |
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that the commissioner of education may purchase curriculum and |
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other instructional tools to provide for use by open-enrollment |
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charter schools. |
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(2) Senate Rule 12.03(2) is suspended to permit the |
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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 |
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the requirement directing the State Board of Education to adopt |
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rules to authorize school district programs to allow middle or |
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junior high school students to earn high school credit. |
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(3) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement, in SECTION 27 of the |
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bill, in amended Subsection (d), Section 28.014, Education Code, |
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to read as 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 |
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to be included in an end-of-course assessment instrument |
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administered under Subsection (c) to be used for purposes of |
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Section 51.3062. The questions must be developed in a manner |
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consistent with any college readiness standards adopted under |
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Sections 39.233 [39.113] and 51.3062. [A student's performance
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on a question adopted under this subsection may not be used to
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determine the student's performance on an end-of-course
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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 |
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instrument to be used to determine the student's performance on |
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the assessment instrument. |
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(4) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement, in added Subsection |
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(b-5), Section 28.025, 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 |
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programs under Subsection (b-1) apply to students entering the |
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ninth grade beginning with the 2011-2012 school year. This |
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subsection expires 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. |
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1), 79th Legislature, 3rd Called Session, 2006, apply to students |
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entering the ninth grade beginning with the 2007-2008 school |
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year, as originally intended. |
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(5) Senate Rule 12.03(4) is suspended to permit the |
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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 |
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a student attending school in a county with a population of more |
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than one million and in which more than 80 percent of the |
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population resides in a single municipality to satisfy the fine |
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arts credit required under Subsection (b-1)(3)(A) by |
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participating in a fine arts program not provided by the school |
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district in which the student is enrolled. The fine arts program |
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may be provided on or off a school campus and outside the regular |
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school day. Not later than December 1, 2010, the agency shall |
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provide to the legislature a report regarding the pilot program, |
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including the feasibility of expanding the pilot program |
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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 |
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off a school campus and outside the regular school day. |
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Explanation: The additions are necessary to establish a |
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fine arts pilot program and to establish an alternative method |
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for meeting the physical education credit requirement. |
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(6) Senate Rule 12.03(4) is suspended to permit the |
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committee to add the following SECTION to the bill on a matter not |
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included in either version of the bill to read as follows: |
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SECTION 52. Section 39.0234(a), Education Code, is |
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amended 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 |
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by computer. The commissioner may not require a school district |
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or 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) Senate Rule 12.03(4) is suspended to permit the |
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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 Subsection |
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(a), Section 39.057, Education Code, to read as follows: |
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(a) The commissioner shall authorize special |
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accreditation investigations to be conducted: |
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. . . |
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(12) when resource allocation practices as |
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evaluated under Section 39.0821 indicate a potential for |
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significant 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) Senate Rule 12.03(a)(4) is suspended to permit the |
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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 |
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39.0821, 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 |
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by 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 |
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of students. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |