81R14692 EAH-F By: Shapiro S.B. No. 1998 A BILL TO BE ENTITLED AN ACT relating to the evaluation of and funding for school district programs for gifted and talented students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 29, Education Code, is amended by adding Section 29.124 to read as follows: Sec. 29.124. EVALUATION STANDARDS. (a) The commissioner shall adopt standards for the evaluation of programs for gifted and talented students. (b) A school district is not subject to the limitation under Section 42.156(c) if the district receives a satisfactory rating under the standards adopted under Subsection (a) and operates a program for gifted and talented students in accordance with: (1) the Texas Performance Standards Project; or (2) another program approved by the commissioner that meets the requirements of the state plan developed under Section 29.123. (c) If a school district described by Subsection (b) subsequently fails to receive a satisfactory rating under the standards adopted under Subsection (a) for two consecutive school years, the district resumes being subject to the limitation under Section 42.156(c) until the school year following the school year in which the district receives a new satisfactory rating. SECTION 2. Section 42.156(c), Education Code, is amended to read as follows: (c) Except as provided by Section 29.124, not [Not] more than five percent of a district's students in average daily attendance are eligible for funding under this section. SECTION 3. Not later than January 1, 2010, the commissioner of education shall adopt standards required by Section 29.124, Education Code, as added by this Act. SECTION 4. This Act applies beginning with the 2010-2011 school year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.