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AN ACT
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relating to optional flexible school day program courses offered by |
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school districts to enable students to earn course credit under |
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certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.0822, Education Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (e) to |
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read as follows: |
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(a) Notwithstanding Section 25.081 or 25.082, a school |
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district may apply to the commissioner to provide a flexible school |
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day program for students [in grades nine through 12] who: |
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(1) have dropped out of school or are at risk of |
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dropping out of school as defined by Section 29.081; [or] |
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(2) attend a campus that is implementing an innovative |
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redesign of the campus or an early college high school under a plan |
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approved by the commissioner; or |
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(3) as a result of attendance requirements under |
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Section 25.092, will be denied credit for one or more classes in |
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which the students have been enrolled. |
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(c) Except in the case of a course designed for a student |
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described by Subsection (a)(3), a [A] course offered in a program |
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under this section must provide for at least the same number of |
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instructional hours as required for a course offered in a program |
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that meets the required minimum number of instructional days under |
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Section 25.081 and the required length of school day under Section |
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25.082. |
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(d) The commissioner may adopt rules for the administration |
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of this section, including rules establishing application |
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requirements. The commissioner shall calculate average daily |
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attendance for students served under this section. The |
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commissioner shall allow accumulations of hours of instruction for |
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students whose schedule would not otherwise allow full state |
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funding. Funding under this subsection shall be determined based |
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on the number of instructional days in the school district calendar |
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and a seven-hour school day, but attendance may be cumulated over a |
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school year, including any summer or vacation session. The |
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attendance of students who accumulate less than the number of |
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attendance hours required under this subsection shall be |
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proportionately reduced for funding purposes. The commissioner |
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may: |
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(1) set maximum funding amounts for an individual |
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course under this section; and |
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(2) limit funding for the attendance of a student |
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described by Subsection (a)(3) in a course under this section to |
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funding only for the attendance necessary for the student to earn |
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class credit that, as a result of attendance requirements under |
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Section 25.092, the student would not otherwise be able to receive |
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without retaking the class. |
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(e) A student described by Subsection (a)(3) may enroll in a |
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course in a program under this section offered during the school |
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year or during the period in which school is recessed for the summer |
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to enable the student to earn class credit that, as a result of |
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attendance requirements under Section 25.092, the student would not |
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otherwise be able to receive without retaking the class. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1297 was passed by the House on March |
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31, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1297 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |