By: Zaffirini S.B. No. 2258 (In the Senate - Filed March 13, 2009; March 31, 2009, read first time and referred to Committee on Education; April 28, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 28, 2009, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 2258 By: Patrick A BILL TO BE ENTITLED AN ACT relating to intensive summer programs for public school students and to college readiness programs at public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.098, Education Code, is amended to read as follows: Sec. 29.098. INTENSIVE SUMMER PROGRAMS. (a) The [In this section, "pilot program" means the intensive summer pilot program for students identified as being at risk of dropping out of school or college. [(b) From funds appropriated for that purpose, the] commissioner [of education and the commissioner of higher education by rule] shall [establish a pilot program to] award grants to participating campuses to provide intensive academic instruction during the period in which school is recessed for the summer [semester] to promote college and workforce readiness to students identified as being at risk of dropping out of school, as defined by Section 29.081 [or college]. A grant awarded under this section may be used to fund any of the following categories of programs: (1) [a program administered by an institution of higher education to provide intensive academic instruction in English language arts, mathematics, and science to facilitate the student's transition from high school to a postsecondary institution; [(2)] a program administered by a school district in partnership with an institution of higher education to provide intensive academic instruction in English language arts, mathematics, and science to promote high school completion and college readiness; and (2) [(3)] a program administered by a school district in partnership with an institution of higher education to provide intensive academic instruction in reading and mathematics to students in grades six through eight to promote high school completion and college readiness. (b) [(c)] The commissioner [of education] may select for participation in the pilot program only a campus that is eligible under the criteria established under Section 39.358. (c) [(d) A grant may be awarded to an institution of higher education for a program administered under Subsection (b)(1) only if at least 50 percent of the students served in the program: [(1) have a score on the Scholastic Assessment Test (SAT) or American College Test (ACT) that is equal to a score less than the national mean score; [(2) have been awarded a grant under the federal Pell grant program; [(3) are at least 20 years of age on the date the student initially enrolls in the institution of higher education; or [(4) have enrolled or will initially enroll as a part-time student. [(e) A program supported by a grant to provide intensive summer instruction under this section must: [(1) provide rigorous academic instruction; [(2) provide at least four weeks of instruction; and [(3) for a program described by Subsection (b)(2) or (3), be designed and implemented in partnership with an institution of higher education. [(f) To the extent practicable, an institution of higher education shall create work-study opportunities for students enrolled in teacher preparation programs to assist in providing instruction in programs described by this section. [(g)] A grant awarded under this section: (1) may not exceed $750 for each participating student; and (2) must be matched by not less than $250 for each participating student in other federal, state, or local funds, including private donations. (d) [(h)] For purposes of Subsection (c)(2) [(g)(2)], a school district is encouraged to use funds allocated under Section 42.2516(b)(3). (e) [(i)] A grant awarded under this section may not be used to replace federal, state, or local funds previously spent on a summer intensive program, but may be used to expand an existing program. (f) [(j)] The entire amount of a grant awarded under this section: (1) must fund the program described in the application for the grant; and (2) may be used for: (A) instructional materials; (B) technology used primarily for the delivery of supplementary instruction; (C) teacher training and professional development, including educator stipends; and (D) other necessary costs, as determined by the commissioner [of education]. (g) [(k)] Instructional materials adopted by the State Board of Education shall be used for instruction in a program under this section [Subsection (b)(2) or (3)]. The State Board of Education may adopt any additional instructional materials as necessary for a program under this section [Subsection (b)(2) or (3). The Texas Higher Education Coordinating Board may adopt instructional materials as necessary for students enrolled in a program under Subsection (b)(1)]. (h) [(l)] The State Board of Education [and the Texas Higher Education Coordinating Board] shall include information technology instructional resources that incorporate established best practices for instruction among approved instructional materials for intensive summer programs under this section to enhance the effectiveness of the programs. SECTION 2. Section 61.0762, Education Code, is amended to read as follows: Sec. 61.0762. PROGRAMS TO ENHANCE STUDENT SUCCESS. (a) To implement the college readiness and success strategic action plan adopted under Section 61.0761 and to enhance the success of students at institutions of higher education, the board by rule shall [develop]: (1) develop [summer] higher education bridge programs in the subject areas of mathematics, science, social science, or [and] English language arts to increase student success by reducing the need for developmental education; (2) develop incentive programs for institutions of higher education that implement research-based, innovative developmental education initiatives; (3) award grants to institutions of higher education for intensive programs designed to address the needs of students at risk of dropping out of college [financial assistance programs for educationally disadvantaged students, as defined by Section 5.001, who take college entrance and college readiness assessment instruments]; (4) develop professional development programs for faculty of institutions of higher education on college readiness standards and the implications of such standards on instruction; and (5) develop other programs as determined by the board that support the participation and success goals in "Closing the Gaps," the state's master plan for higher education. (b) The board may award a grant under Subsection (a)(3) to an institution of higher education only if at least 50 percent of the students served in the program: (1) have a score on the Scholastic Assessment Test (SAT) or American College Test (ACT) that is less than the national mean score for that test; (2) have been awarded a grant under the federal Pell grant program; (3) are at least 20 years of age on the date the student enrolls as a first-time freshman in the institution of higher education; (4) have enrolled or will initially enroll as a part-time student; or (5) meet any other requirements established by the board. SECTION 3. Section 39.363, Education Code, is amended to read as follows: Sec. 39.363. FUNDING FOR CERTAIN PROGRAMS. (a) From funds appropriated, the Texas Higher Education Coordinating Board shall allocate $8.75 million each year to establish mathematics, science, and technology teacher preparation academies under Section 21.462, provide funding to the commissioner of education to [and] implement and administer the program under Section 29.098, and award grants under Section 61.0762(a)(3). (b) The Texas Higher Education Coordinating Board shall establish mathematics, science, and technology teacher preparation academies under Section 21.462, provide funding to the commissioner of education to [and] implement and administer the program under Section 29.098, and award grants under Section 61.0762(a)(3) in a manner consistent with the goals of this subchapter and the goals in "Closing the Gaps," the state's master plan for higher education. SECTION 4. 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. * * * * *