79R3392 ESH-D

By:  Smith of Tarrant                                             H.B. No. 889


A BILL TO BE ENTITLED
AN ACT
relating to the optional flexible year program for public school students who fail to perform satisfactorily on an assessment instrument or who would not otherwise be promoted. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 29.0821(b) and (c), Education Code, are amended to read as follows: (b) To enable a school district to provide additional instructional days for a program under this section, with the approval of the commissioner, a school district may[: [(1) provide a number of days of instruction during the regular school year that is not more than 10 days fewer than the number required under Section 25.081(a); and [(2)] use for instructional purposes not more than five days that would otherwise be used for staff development or teacher preparation. (c) Notwithstanding any reduction [in the number of instructional days in the regular school year or] in the number of staff development days, each educator employed under a 10-month contract must provide the minimum days of service required under Section 21.401. SECTION 2. Section 25.081(a), Education Code, is amended to read as follows: (a) Except as authorized under Subsection (b) of this section or[,] Section 25.084, [or Section 29.0821,] for each school year each school district must operate so that the district provides for at least 180 days of instruction for students. SECTION 3. Section 42.005(a), Education Code, is amended to read as follows: (a) In this chapter, average daily attendance is[: [(1)] the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under Section 25.081(a) divided by the minimum number of days of instruction[; or [(2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1)]. SECTION 4. This Act takes effect September 1, 2005.