HBA-GUM S.B. 1455 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1455 By: West, Royce Public Education 5/13/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law narrowly defines a "student at risk of dropping out of school" by age rather than grade level for students in grade levels higher than seventh grade. The definition is used in determining portions of a school district's funding. S.B. 1455 redefines a "student at risk of dropping out of school," and sets forth guidelines for the administration and funding of a compensatory and accelerated instruction program in public schools. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Education Agency in SECTION 4 (Section 29.086, Education Code), and to the commissioner of education in SECTIONS 5 and 9 (Sections 39.051, and 42.152, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7.111(a), Education Code, to authorize a person who does not have a high school diploma, is 16 years of age or older, and has completed a high school equivalency examination preparation program under Section 29.086, to take the high school equivalency examination in accordance with rules adopted by the State Board of Education (board). SECTION 2. Amends Section 25.086(a), Education Code, to include among the children who are exempt from the requirements of compulsory school attendance, a child who is at least 16 years of age, and has earned a high school equivalency certificate after completing a program under Section 29.086. SECTION 3. Amends Section 29.081, Education Code, by amending the heading and Subsections (a), (c), and (d), and adding Subsections (g), (h), and (i), as follows: Sec. 29.081. New heading: COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. (a) Requires each school district to use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Subchapter B (Assessment of Academic Skills), Chapter 39, to design and implement appropriate intensive instructional services for students. Adds language to provide that the compensatory, intensive, or accelerated instructional services are to be designed to enable the students to be performing at grade level at the conclusion of the next regular school term or to obtain a high school equivalency certificate. (c) Requires each school to evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments or disparity in the rates of high school completion or receipt of a high school equivalency certificate between students at risk of dropping out of school and all other district students, rather than in reducing the dropout rate and in increasing achievement of students at risk of dropping out of school. (d) Redefines "student at risk of dropping out of school." (g) Authorizes a student eligible to participate in a district's special education program under Section 29.003 (Eligibility Criteria) to receive instructional services, if such action is determined appropriate by the student's admission, review, and dismissal committee. (h) Authorizes a student who satisfies local eligibility criteria adopted by the board of trustees of the school district to receive instructional services under this section. Prohibits the number of students receiving instructional services under this subsection from exceeding 10 percent of the number of students who are at risk of dropping out of school and who received instructional services during the preceding school year. Prohibits students receiving services under this subsection from being included in the group of students who are identified as being at risk of dropping out of school. SECTION 4. Amends Subchapter C, Chapter 29, Education Code, by adding Section 29.086, as follows: Sec. 29.086. SCHOOL DISTRICT HIGH SCHOOL EQUIVALENCY EXAMINATION PROGRAMS. (a) Requires the Texas Education Agency (TEA) to develop a program for school districts to prepare eligible students who are at risk of dropping out of school to take a high school equivalency examination. (b) Requires a district that participates in the program to offer preparatory classes for the high school equivalency examination to each eligible district student. (c) Sets forth eligibility requirements for a student to participate in the program. (d) Requires a district to inform each student who has completed the program of the time and place at which the student may take the high school equivalency examination. (e) Requires TEA to adopt rules to ensure that students are not encouraged to participate in the program solely as a means to divert students with discipline problems or poor academic performance into the program as an alternative to regular high school graduation. (f) Requires TEA to request permission from the General Educational Development Testing Service to administer the service's high school equivalency examination to students enrolled in high school who participate in the program. (g) Requires TEA to include in its required comprehensive biennial report the number of students enrolled in the program and the number of students in the program who performed satisfactorily on the high school equivalency examination. SECTION 5. Amends Section 39.051, Education Code, by amending Subsection (b) and adding Subsection (g), as follows: (b) Provides that the indicators must include completion rates. Makes nonsubstantive changes. (g) Requires the commissioner of education (commissioner), by rule, to adopt accountability measures to be used in assessing the performance of students at risk of dropping out of school; specify the level of student performance on the accountability measures that is necessary for a campus or district to obtain a certain performance rating; and determine appropriate methods of integrating student performance on the accountability measures into the statewide public school accountability program. SECTION 6. Amends Section 39.053(d), Education Code, to authorize a performance report to include socioeconomic status and at-risk status under Section 29.081, rather than economic status. Makes a nonsubstantive change. SECTION 7. Amends the heading to Section 39.182, Education Code, to read as follows: Sec. 39.182. New title: COMPREHENSIVE ANNUAL REPORT. SECTION 8. Amends Sections 39.182(a) and (b), Education Code, as follows: (a) Requires TEA to prepare and deliver a report to certain persons, covering the preceding school year, rather than the preceding two years, and containing certain specified information, not later than December 1 of each year. Provides that the summary compilation of overall student performance on academic skills assessment instruments required by Section 39.023 (Adoption and Administration of Instruments), which must be contained in the report, includes the number of students exempted from the administration of those instruments and the basis of the exemptions. Adds language to include among the information contained in a report, information relating to performance of students placed in a certain alternative education programs, high school completion rates, retained students, class-size limitations and student/teacher ratios, effectiveness of deregulation of campuses and districts, performance of the system of regional education service centers, and performance of open-enrollment charter schools and school districts. Makes conforming and nonsubstantive changes. (b) Adds language to provide that in reporting the information required by Subsection (a)(4) (relating to performance of students placed in an alternative education program), TEA may separately aggregate the performance data of students enrolled in a specified special education program, or a bilingual education or special language program. SECTION 9. Amends Sections 42.152, Education Code, by amending Subsections (b), (c), and (r), and adding Subsection (s), as follows: (b) Provides that the number of educationally disadvantaged students is determined in a manner determined by commissioner rule, if the district did not participate in the national school lunch program of free or reduced-price lunches during the preceding school year. (c) Requires funds allocated under this section (Compensatory Education Allotment) to be used to fund supplemental programs and services designed to eliminate any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion or receipt of a high school equivalency certificate between students at risk of dropping out and all other students. Authorizes funds allocated under this section to be used only to meet the costs of providing a compensatory, intensive, or accelerated instruction program under Section 29.081, an alternative education program established under Section 37.008 (Alternative Education Programs), or a program eligible under Title I of the Elementary and Secondary Education Act of 1965, as provided by Pub. L. No. 103-382, and by federal regulations implementing that Act. Authorizes a district's compensatory education allotment to be used only for the costs supplementary to the regular education program in meeting the costs of providing an accelerated program. Requires a home-rule school district or an open-enrollment charter school to use funds allocated under Subsection (a) for a purpose authorized in this subsection, rather than to provide compensatory education services. (r) Requires the commissioner to grant a one-year exemption from Subsection (g) to a school district in which students identified as being at risk of dropping out of school perform on assessment instruments specified by Section 39.051(b)(1) (relating to the assessment of academic skills) at levels rated to be academically acceptable. Requires the commissioner to determine and notify a school district of its exemption, based on the most recent information available, not later than March 1 of each year. (s) Provides that Subsection (r) applies beginning with the 2001 - 2002 school year and that this subsection expires September 1, 2002. Deletes text authorizing funds to be spent for certain purposes, and existing Subsection (r) to update existing law. Makes conforming changes. SECTION 10. (a) Requires the commissioner to form a committee to conduct a study and detailed analysis of effective public education compensatory education programs for students receiving services under Section 29.081, Education Code, or Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.), and effective higher education developmental programs delivered under Section 51.306 (Texas Academic Skills Program), Education Code, using funds appropriated for that purpose. (b) Requires the committee formed by the commissioner (committee) to organize and administer the study required by this section. Sets forth the composition of the committee. (c) Requires the committee to use data collected through certain governmental entities in conducting the study required by this section. (d) Requires the study to examine compensatory and developmental programs in a manner that allows comparison between similar schools and types of students, using information collected locally. (e) Requires the committee to submit the report to the legislature not later than December 1, 2000. (f) Provides that the committee is abolished and this section expires January 1, 2001. SECTION 11. Repealer: Sections 39.183 (Regional and District Level Report) and 39.185 (Interim Report), Education Code. SECTION 12. (a) Provides that this Act applies beginning with the 1999 - 2000 school year, except as otherwise provided by this Act. (b) Provides that Sections 7.111 (High School Equivalency Examinations) and 25.086 (Exemptions), Education Code, as amended by this Act, and Section 29.086, Education Code, as added by this Act, apply immediately. (c) Provides that Sections 39.051(g) and 39.053(d), Education Code, as amended by this Act, apply beginning with the 2000 - 2001 school year. (d) Provides that Section 39.182 (Comprehensive Biennial Report), Education Code, as amended by this Act, applies beginning with the report required to be prepared not later than December 1, 1999, except that TEA in computing information for inclusion in reports due December 1, 1999, and 2000, may determine appropriate information based on Section 29.081, Education Code, as it existed before amendment by this Act. Requires TEA to include information specified under Section 39.182(a)(7)(E) (relating to the number and percentage of students not accounted for in the completion rate statement and not enrolled in a private school, home school, or school in another state), Education Code, beginning with the report due December 1, 2002, and to include alternative information relating to students who leave school in the reports due in 1999, 2000, and 2001. SECTION 13. Emergency clause. Effective date: upon passage.