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.