\t\r\n\t\t\t\t\t","hadText":true}Sec.\u00A029.081.\u00A0\u00A0COMPENSATORY, INTENSIVE, AND ACCELERATED INSTRUCTION. (a) Each school district shall use the student performance data resulting from the basic skills assessment instruments and achievement tests administered under Subchapter B, Chapter 39, to design and implement appropriate compensatory, intensive, or accelerated instructional services for students in the district's schools that enable the students to be performing at grade level at the conclusion of the next regular school term.
(b)\u00A0\u00A0Each district shall provide accelerated instruction to a student enrolled in the district who has taken an end-of-course assessment instrument administered under Section 39.023(c) and has not performed satisfactorily on the assessment instrument or who is at risk of dropping out of school.
(b-1)\u00A0\u00A0Each school district shall offer before the next scheduled administration of the assessment instrument, without cost to the student, additional accelerated instruction to each student in any subject in which the student failed to perform satisfactorily on an end-of-course assessment instrument required for graduation.
(b-2)\u00A0\u00A0A district that is required to provide accelerated instruction under Subsection (b-1) shall separately budget sufficient funds, including funds under Section 48.104, for that purpose.
(b-3)\u00A0\u00A0A district shall evaluate the effectiveness of accelerated instruction programs under Subsection (b-1) and annually hold a public hearing to consider the results.
(c)\u00A0\u00A0Each school district shall evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on assessment instruments administered under Subchapter B, Chapter 39, or disparity in the rates of high school completion between students at risk of dropping out of school and all other district students.
Text of subsection effective until September 01, 2025
(d)\u00A0\u00A0For purposes of this section, \"student at risk of dropping out of school\" includes each student who:
(1)\u00A0\u00A0is under 26 years of age and who:
(A)\u00A0\u00A0except as provided by Subsection (h) or if retained for prekindergarten under Section 28.02124, was not advanced from one grade level to the next for one or more school years;
(B)\u00A0\u00A0if the student is in grade 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;
(C)\u00A0\u00A0did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;
(D)\u00A0\u00A0if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;
(E)\u00A0\u00A0is pregnant or is a parent;
(F)\u00A0\u00A0has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;
(G)\u00A0\u00A0has been expelled in accordance with Section 37.007 during the preceding or current school year;
(H)\u00A0\u00A0is currently on parole, probation, deferred prosecution, or other conditional release;
(I)\u00A0\u00A0was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;
(J)\u00A0\u00A0is an emergent bilingual student, as defined by Section 29.052;
(K)\u00A0\u00A0is in the custody or care of the Department of Family and Protective Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;
(L)\u00A0\u00A0is homeless;
(M)\u00A0\u00A0resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, cottage home operation, specialized child-care home, or general residential operation;
(N)\u00A0\u00A0has been incarcerated or has a parent or guardian who has been incarcerated, within the lifetime of the student, in a penal institution as defined by Section 1.07, Penal Code; or
(O)\u00A0\u00A0is enrolled in a school district or open-enrollment charter school, or a campus of a school district or open-enrollment charter school, that is designated as a dropout recovery school under Section 39.0548; or
(2)\u00A0\u00A0regardless of the student's age, participates in an adult education program provided under the adult high school charter school program under Subchapter G, Chapter 12.
(d-1)\u00A0\u00A0Notwithstanding Subsection (d)(1)(A), a student is not considered a student at risk of dropping out of school if the student did not advance from prekindergarten or kindergarten to the next grade level only as the result of the request of the student's parent.
(e)\u00A0\u00A0A school district or open-enrollment charter school may use a private or public community-based dropout recovery education program or education management organization to provide alternative education programs for students at risk of dropping out of school.\u00A0\u00A0The program may be offered in person at a campus, remotely, or through a hybrid of in-person and remote instruction.
(e-1)\u00A0\u00A0An in-person, campus-based dropout recovery education program must:
(1)\u00A0\u00A0provide not less than four hours of instructional time per day;
(2)\u00A0\u00A0employ as faculty and administrators persons with baccalaureate or advanced degrees;
(3)\u00A0\u00A0provide at least one instructor for each 28 students;
(4)\u00A0\u00A0perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner; and
(5)\u00A0\u00A0comply with this title and rules adopted under this title except as otherwise provided by this subsection.
Text of subsection effective until May 06, 2025
(e-2)\u00A0\u00A0A remote or hybrid dropout recovery education program must:
(1)\u00A0\u00A0include as a part of its curriculum credentials, certifications, or other course offerings that relate directly to employment opportunities in the state;
(2)\u00A0\u00A0employ as faculty and administrators persons with baccalaureate or advanced degrees;
(3)\u00A0\u00A0provide an academic coach and local advocate for each student;
(4)\u00A0\u00A0use an individual learning plan to monitor each student's progress;
(5)\u00A0\u00A0establish satisfactory requirements for the monthly progress of students according to standards set by the commissioner;
(6)\u00A0\u00A0provide a monthly report to the student's school district or open-enrollment charter school regarding the student's progress;
(7)\u00A0\u00A0perform satisfactorily according to performance indicators and accountability standards adopted for alternative education programs by the commissioner;
(8)\u00A0\u00A0operate an in-person student engagement center at a location suitable for high school students; and
(9)\u00A0\u00A0comply with this title and rules adopted under this title except as otherwise provided by this subsection.
(e-3)\u00A0\u00A0A dropout recovery education program under Subsection (e):
(1)\u00A0\u00A0may be operated only by an entity that is accredited by the agency or a regional accrediting agency;
(2)\u00A0\u00A0must offer or provide referrals for mental health services to students enrolled in the program; and
(3)\u00A0\u00A0may not market directly to students enrolled in a traditional education program.
(e-4)\u00A0\u00A0A school district or open-enrollment charter school may operate one campus-based dropout recovery education program under Subsection (e) for all students in the district or school.
(e-5)\u00A0\u00A0A school district or open-enrollment charter school administrator or school counselor may refer a student to a dropout recovery education program under Subsection (e) if the administrator or counselor determines that enrollment in the program could prevent the student from dropping out of school.
(e-6)\u00A0\u00A0Each year, a school district or open-enrollment charter school shall post on the district's or school's Internet website a report on measurable outcomes for each dropout recovery education program under Subsection (e) offered by the district or school.\u00A0\u00A0The report must include the percentage of students enrolled in the program during the preceding school year who attained each of the following outcomes:
(1)\u00A0\u00A0transfer to a traditional education program;
(2)\u00A0\u00A0successful completion of the program;
(3)\u00A0\u00A0dual credit; or
(4)\u00A0\u00A0a credential of value.
Text of subsection effective until May 06, 2025
(f)\u00A0\u00A0The commissioner shall include a student who successfully completes a course offered through a program under Subsection (e) in the computation of the district's or school's average daily attendance for funding purposes.\u00A0\u00A0For a student who successfully completes a remote course offered through the program, the commissioner shall include the student in the computation of the district's or school's average daily attendance with an attendance rate equal to:
(1)\u00A0\u00A0the district's or school's average attendance rate for students successfully completing a course offered in person under the program; or
(2)\u00A0\u00A0if the district or school does not offer courses in person under the program, the statewide average attendance rate for students successfully completing a course offered in person under a program under Subsection (e).
(g)\u00A0\u00A0In addition to students described by Subsection (d), a student who satisfies local eligibility criteria adopted by the board of trustees of a school district may receive instructional services under this section. The number of students receiving services under this subsection during a school year may not exceed 10 percent of the number of students described by Subsection (d) who received services from the district during the preceding school year.
(h)\u00A0\u00A0The agency shall study whether students retained under Section 28.02124 should be considered at-risk.\u00A0\u00A0The commissioner may adopt a rule excluding students retained by a parent or guardian under Section 28.02124 from being considered a \"student at risk of dropping out of school\" under Subsection (d)(1)(A).
\r\nAdded by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1588, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 725, Sec. 1, 2, eff. June 13, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 690 (H.B. 2703), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 211 (H.B. 5), Sec. 20, eff. June 10, 2013.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1094 (H.B. 3706), Sec. 1, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 403 (S.B. 1746), Sec. 1, eff. June 2, 2019.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.06, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.029, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 2, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 19, eff. May 31, 2021.
Acts 2021, 87th Leg., R.S., Ch. 478 (H.B. 572), Sec. 1, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 5, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.008, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 973 (S.B. 2066), Sec. 16, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 940 (S.B. 1647), Sec. 1, eff. September 1, 2023.
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