84R1925 KJE-D By: Guillen H.B. No. 228 A BILL TO BE ENTITLED AN ACT relating to the optional flexible school day program provided by school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 29.0822(a), (b), and (d), Education Code, are amended to read as follows: (a) Notwithstanding Section 25.081 or 25.082, a school district may [apply to the commissioner to] provide a flexible school day program for [students who]: (1) students who have dropped out of school or are at risk of dropping out of school as defined by Section 29.081; (2) students who attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; [or] (3) students who, as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled; or (4) a campus or campuses that would benefit from the program. (b) To enable a school district to provide a program under this section that meets the needs of students described by Subsection (a), a school district [that meets application requirements] may: (1) provide flexibility in the number of hours each day a student attends; (2) provide flexibility in the number of days each week a student attends; or (3) allow a student to enroll in less than or more than a full course load. (d) The commissioner may adopt rules for the administration of this section[, including rules establishing application requirements]. The commissioner shall calculate average daily attendance for students served under this section. The commissioner shall allow accumulations of hours of instruction for students whose schedule would not otherwise allow full state funding. Funding under this subsection shall be determined based on the number of instructional days in the school district calendar and a seven-hour school day, but attendance may be cumulated over a school year, including any summer or vacation session. The attendance of students who accumulate less than the number of attendance hours required under this subsection shall be proportionately reduced for funding purposes. The commissioner may: (1) set maximum funding amounts for an individual course under this section; and (2) limit funding for the attendance of a student described by Subsection (a)(3) in a course under this section to funding only for the attendance necessary for the student to earn class credit that, as a result of attendance requirements under Section 25.092, the student would not otherwise be able to receive without retaking the class. SECTION 2. This Act applies beginning with the 2015-2016 school year. SECTION 3. 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, 2015.