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


Office of House Bill AnalysisC.S.H.B. 3653
By: Oliveira
Public Education
5/4/1999
Committee Report (Substituted)



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.  C.S.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 Subsections
(c) and (d) and adding Subsections (g) and (h), as follows: 

(c)  Requires each school district to evaluate and document the
effectiveness of the accelerated instruction in reducing any disparity
between students at risk of dropping out of school and all other district
students in performance on certain assessment instruments and the rates of
high school completion or receipt of a high school equivalency certificate,
rather than the dropout rate and in increasing achievement in the
categories of students listed under Subsection (d). 

(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, and who is
ineligible for a district's special education program under Section 29.003
(Eligibility Criteria), Education Code; 
_did not maintain an average equivalent to 70 on a scale of 100 in two or
more courses in the foundation curriculum prescribed under Section 28.002
(Required Curriculum), Education Code, during a semester in the preceding
school year or does not maintain such an average in two or more courses in
the foundation curriculum during a semester in the current school year,
rather than a student who is not expected to graduate within four years of
the date the student begins ninth grade; 
_did not perform satisfactorily on an assessment instrument administered to
the student under Section 39.023(a), (b), or (c), (Adoption and
Administration of Instruments), Education Code, during the two following
school years, did not achieve a score equal to at least 105 percent of the
score considered to be satisfactory performance on one of those assessment
instruments;  
_is a student in prekindergarten, kindergarten, or grade one, two, or three
who did not perform satisfactorily on a readiness test or assessment
instrument  administered during, rather than at the beginning of, the
school year; 
_is a student who, rather than a student who is disabled, in the preceding
school year resided or in the current school year resides in certain
residential placement facilities, rather than in a district in which the
student's parents or legal guardian does not reside; 
_was, in the preceding school year, or is, in the current school year,
removed to an alternative education program under Section 37.006 (Removal
for Certain Conduct), Education Code, or expelled under Section 37.007
(Expulsion for Serious Offenses), Education Code; 
_is currently released on parole or under supervision, placed under
community supervision or on probation, placed on deferred adjudication, or
released under another type of conditional release; 
_has been reported in the Public Education Information Management System
(PEIMS) as being a dropout or as having failed during the preceding school
year or failing during the current school year to attend a class for at
least 90 percent of the days the class is offered without an exemption
under Section 25.086 (Exemptions), Education Code, or an excuse accepted
under Section 25.087 (Excused Absences), Education Code; 
_is in the custody or care of the Department of Protective and Regulatory
Services, or, during the current school year, is referred to that
department by a school or law enforcement official or a juvenile court
officer; or 
_is homeless, as defined by 42 U.S.C., Section 11302 (General Definition of
Homeless Individual) and its subsequent amendments. 

Authorizes the board of trustees of a school district to adopt additional
criteria for identifying students eligible for programs or services under
this section.  Prohibits more than 10 percent of the number of students
identified during the preceding school year under Subsection (d) as
students at risk of dropping out of school from being identified as
eligible using the criteria adopted under this subsection.  Provides that a
student identified under this subsection's criteria is not considered to be
educationally disadvantaged or at risk of dropping out of school for
purposes of Section 39.051(b), 39.053(d), or 42.152(a), Education Code. 

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

SECTION 2.  Amends Section 39.051(b), Education Code, to include
identification as a student at risk of dropping out of school as determined
under Section 29.081(d), Education Code, 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 conforming
and nonsubstantive 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 to be used only to fund supplemental programs
and services designed to eliminate disparity between students at risk of
dropping out of school, as defined by Section 29.081(d), Education Code,
and all other district students in performance on assessment instruments
administered under Subchapter B, Chapter 39, Education Code, or in the
rates of high school completion or receipt of a high school equivalency
certificate.  Specifies that the funds are authorized to be used to operate
alternative education programs under Section 37.008 (Alternative Education
Programs), Education  Code, or support programs eligible or funding under
20 U.S.C., Section 6301, et seq. (Title I of the Elementary and Secondary
Education Act of 1965) and its subsequent amendments.  

SECTION 6.  Makes this Act applicable beginning with the 1999-2000 school
year, except that Section 39.051(b), Education Code, as amended by this
Act, is applicable beginning with the 20002001 school year. 

SECTION 7.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3653 differs from the original bill in SECTION 1 to amend Sections
29.081(c) and (d), Education Code, rather than just (d). 

Subsection (c), as amended in the substitute, requires each school district
to evaluate and document the effectiveness of the accelerated instruction
in reducing any disparity between students at risk of dropping out of
school and all other district students in performance on certain assessment
instruments and the rates of high school completion or receipt of a high
school equivalency certificate, rather than the dropout rate and in
increasing achievement in the categories of students listed under
Subsection (d). 

Subsection (d) of the substitute is modified to conform with Legislative
Council format, and makes the following changes from the definition of
"student at risk pf dropping out of school" set forth in the original: 

_deletes the qualification that the student maintain an average equivalent
to 70 on a scale of 100 in two or more courses in "in the foundation
curriculum as prescribed under Section 28.002"; and 
_deletes the qualification that the student did not achieve a score of at
least 110 percent of the passing standard, as determined by the
commissioner of education. 

Additionally, SECTIONS 2-5 are also modified to conform with Legislative
Council format, and to make conforming changes concerning the
identification of at-risk students. 

SECTION 6 of the original, which made SECTION 2 of the original applicable
beginning with the 2000-2001 school year, and SECTION 7 of the original,
which made the Act applicable beginning with the 1999-2000 school year, are
deleted and replaced with SECTION 6 of the substitute, which makes this Act
applicable beginning with the 1999-2000 school year, except that Section
39.051(b), Education Code, as amended by this Act, is applicable beginning
with the 2000-2001 school year. 

SECTION 7 (emergency clause) of the substitute is redesignated from SECTION
8 of the original.