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  84R1925 KJE-D
 
  By: Guillen H.B. No. 228
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the optional flexible school day program provided by
  school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 29.0822(a), (b), and (d), Education
  Code, are amended to read as follows:
         (a)  Notwithstanding Section 25.081 or 25.082, a school
  district may [apply to the commissioner to] provide a flexible
  school day program for [students who]:
               (1)  students who have dropped out of school or are at
  risk of dropping out of school as defined by Section 29.081;
               (2)  students who attend a campus that is implementing
  an innovative redesign of the campus or an early college high school
  under a plan approved by the commissioner; [or]
               (3)  students who, as a result of attendance
  requirements under Section 25.092, will be denied credit for one or
  more classes in which the students have been enrolled; or
               (4)  a campus or campuses that would benefit from the
  program.
         (b)  To enable a school district to provide a program under
  this section that meets the needs of students described by
  Subsection (a), a school district [that meets application
  requirements] may:
               (1)  provide flexibility in the number of hours each
  day a student attends;
               (2)  provide flexibility in the number of days each
  week a student attends; or
               (3)  allow a student to enroll in less than or more than
  a full course load.
         (d)  The commissioner may adopt rules for the administration
  of this section[, including rules establishing application
  requirements]. The commissioner shall calculate average daily
  attendance for students served under this section.  The
  commissioner shall allow accumulations of hours of instruction for
  students whose schedule would not otherwise allow full state
  funding.  Funding under this subsection shall be determined based
  on the number of instructional days in the school district calendar
  and a seven-hour school day, but attendance may be cumulated over a
  school year, including any summer or vacation session.  The
  attendance of students who accumulate less than the number of
  attendance hours required under this subsection shall be
  proportionately reduced for funding purposes.  The commissioner
  may:
               (1)  set maximum funding amounts for an individual
  course under this section; and
               (2)  limit funding for the attendance of a student
  described by Subsection (a)(3) in a course under this section to
  funding only for the attendance necessary for the student to earn
  class credit that, as a result of attendance requirements under
  Section 25.092, the student would not otherwise be able to receive
  without retaking the class.
         SECTION 2.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 3.  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, 2015.