HBA-MPM H.B. 3653 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3653
By: Oliveira
Public Education
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

School districts receive compensatory education funds under Section 42.152
(Compensatory Education Allotment), Education Code, for the purpose of
providing compensatory education and accelerated instruction to students
identified as at-risk under Section 29.081 (Compensatory and Accelerated
Instruction), Education Code.  Compensatory education funds are allowed to
be spent only on costs supplemental to the regular program, including
program and student evaluation, instructional materials, equipment and
other supplies required for quality instruction; and supplemental staff
expenses and salary for teachers of at-risk students.  H.B. 3653 redefines
"student at risk of dropping out of school" to include a larger subset of
student categories, thereby making these students eligible for compensatory
education funded programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.081, Education Code, by amending Subsection
(d) and adding Subsections (g) and (h), as follows: 

(d) Redefines "student at risk of dropping out of school" to mean a student
who: 

_is under 21 years of age, rather than in grade levels 7-12;
_is not eligible for special education services under Subchapter A (Special
Education Programs), Chapter 29 (Educational Programs), Education Code; 
_was not advanced from one grade level to the next for two or more school
years; 
_has mathematics or eading skills that are two or more years below grade
level; 
_did not maintain a 70 grade average on a scale of 100 in two or more
courses in the previous or current school year, and deletes text specifying
that the student is not expected to graduate within four years of the date
the student begins ninth grade; 
_did not achieve a score of at least 110 percent of the passing standard,
as determined by the commissioner of education (commissioner) on the
student's administration for the current or prior year of an assessment
instrument administered under Section 39.023(a), (b), or (c), (Adoption and
Administration of Instruments), Education Code, rather than a student who
did not perform satisfactorily on an assessment instrument administered
under Subchapter B (Assessment of Academic Skills), Chapter 39 (Public
School System Accountability), Education Code; 
_is pregnant or is a parent;
_has been removed to an alternative education program pursuant to Section
37.006 (Removal for Certain Conduct), Education Code, in the current or
previous school year; 
_has been expelled pursuant to Section 37.007 (Expulsion for Serious
Offenses), Education Code, within the current or previous school year; 
_is currently on parole, probation, deferred adjudication, or other
conditional  release; 
_was previously reported in PEIMS under Section 42.006 (Public Education
Information Management System (PEIMS)), Education Code, as dropping out of
school or failed during the current or prior school year to attend school
for 90 percent of the days the class is offered without valid exemption or
excuse under Sections 25.086 (Exemptions) and 25.087 (Excused Absences),
Education Code; 
_is a student in prekindergarten through grade 6 who did not perform
satisfactorily on a rediness test or assessment instrument administered at
the beginning of the current school year; 
_is in the custody or care of the Department of Protective and Regulatory
Services, or has during the current school year been referred to the
department by school officials, officers of the juvenile court, or law
enforcement officials; 
_is homeless as defined by 42 U.S.C., Section 11302 (General Definition of
Homeless Individual); and 
_each student who, in the current or previous school year resides in a
residential placement facility in a district, including a detention
facility, substance abuse treatment facility, emergency shelter,
psychiatric hospital, halfway house, or foster family group home, rather
than a student who is not disabled who resides in these facilities without
a parent or legal guardian in co-residence. 

Deletes text identifying a "student at risk of dropping out of school," as
one who: 

_is sexually, physically, or psychologically abused; or
_engages in conduct described by Section 51.03(a) (Delinquent Conduct;
Conduct Indicating a Need for Supervision), Family Code. 

Redesignates existing Paragraphs (d)(1)(A)-(d)(E) to Subdivisions
(d)(1)-(d)(5); and existing Paragraph (d)(2)(C) to Subdivision (11).  Makes
a conforming change. 

SECTION 2.  Amends Section 39.051(b), Education Code, to include at risk
status as one of the indicators required to be included with regard to
assessing a student's degree of change in performance from one school year
to the next. 

SECTION 3.  Amends Section 39.053(d), Education Code, to make a conforming
change. 

SECTION 4.  Amends Section 39.182(a), Education Code, to make a conforming
change. 

SECTION 5.  Amends Section 42.152(c), Education Code, to authorize funds
allocated under this section, other than an indirect cost allotment
established under State Board of Education rule and which may not exceed 15
percent, to be used only in providing compensatory education and
accelerated instruction programs to support programs eligible for funding
under Title I, Helping Disadvantaged Children Meet High Standards, as
authorized under P.L. 103-382, as amended, and 34 CFR 200.63, as amended.
Includes operation of alternative education programs under Section 37.008
(Alternative Education Programs), Education Code, in a list of programs for
which a school district's compensatory education allotment may be used. 

SECTION 6.  Makes SECTION 2 of this Act applicable beginning with the
2000-2001 school year. 

SECTION 7.  Makes this Act prospective beginning with the 1999-2000 school
year. 

SECTION 8.Emergency clause.
  Effective date: upon passage.