SRC-JRN H.B. 1800 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1800
By: Hochberg (Barrientos)
Education
5-16-97
Engrossed


DIGEST 

Currently, the Texas public school accountability system does not include
accountability measures for students with disabilities who cannot take the
same standardized tests as students without disabilities.  The students
with disabilities who do take these tests are not aggregated with other
students.  This bill provides an assessment instrument that will bring
special education students into the statewide accountability program for
standardized testing. 

PURPOSE

As proposed, H.B. 1800 provides an assessment instrument that will bring
special education students into the statewide accountability program for
standardized testing. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 39.023, Education Code, to require that all
students, except students assessed under Subsection (b) or exempted under
Section 39.027, be given assessment instruments in certain areas.
Requires the Texas Education Agency (agency) to develop or adopt
appropriate criterion-referenced assessment instruments to be administered
for certain students in a special education program under Chapter 29A.
Requires the assessment instruments required under this subsection to
assess competencies and growth in reading, mathematics, and writing.
Provides that a student's admission, review, and dismissal committee is to
determine whether any allowable modification is necessary in administering
to the student an assessment instrument required under this subsection.
Requires assessment instruments to be administered on the same schedule as
the assessment instruments administered under Subsection (a).  Requires
the student's admission, review, and dismissal committee to determine
whether any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection or whether
the student should be exempted under Section 39.027(a)(2), if a student is
in a special education program under Chapter 29A.  Requires a student's
admission, review, and dismissal committee to determine whether any
allowable modification is necessary in administering to the student an
assessment instrument required under this subsection or whether the
student should be exempted under Section 39.027(a)(2), if a student is in
a special education program under Chapter 29A.  Requires the agency to
release questions and answers for assessment instruments administered
under Subsection (a), (b), (c) or (d).  Requires the State Board of
Education to administer the end-of-course assessment instruments under
Subsection (d) in Algebra I and Biology I.  Requires the agency to
initially release under Subsection (e) the questions and answer keys to
each assessment instrument administered under Subsection (b) during the
third school year in which the instrument is administered after the last
time the instrument is administered for that school year. 

SECTION 2. Amends Section 39.024, Education Code, to require the
admission, review, and dismissal committee of a student being assessed
under Section 39.023(b) to determine the level of performance considered
to be satisfactory on the assessment instruments administered to that
student in accordance with criteria established by agency rule.  Requires
the intensive programs for students who did not perform satisfactorily on
an assessment instrument under Section 39.023(a) or (c) to be designed in
a certain manner.  Requires the intensive programs for students who did
not perform  satisfactorily on an assessment instrument under Section
39.023(b) to be designed by each student's admission, review, and
dismissal committee to enable the student to attain a standard of annual
growth on the basis of the student's individualized education program.
Requires the agency to develop study guides for the assessment instruments
administered under Sections 39.023(a) and (c). Requires each school
district to distribute the study guides to certain parents to assist
parents in providing assistance during the period that school is recessed
for summer. 

SECTION 3. Amends Section 39.025(a), Education Code, to make a conforming
change. 

SECTION 4. Amends Section 39.027, Education Code, to authorize a student
to be exempted from the administration of an assessment instrument under
Section 39.023(a) or (b), if the student meets certain eligibility
requirements provided that the student's individualized education program
does not include instruction in the essential knowledge and skills under
Section 28.002 at any grade level. Authorizes a student to be exempted
under Section 39.023(c) or (d) if the student is eligible for a special
education program under Section 29.003, and certain provisions apply.
Authorizes a student to be exempted under Section 39.023 if the student is
of limited English proficiency.  Requires the commissioner of education
(commissioner) to develop and adopt a process for reviewing the exemption
process of a school district or shared services arrangement.  Sets forth
requirements for the exemptions.  Authorizes a student who is eligible for
a special education program under Section 29.003 to be exempted from the
administration of an assessment instrument under Section 39.023(a) if the
assessment instrument meets certain conditions, notwithstanding Subsection
(a).  Defines "average daily attendance."  Deletes provisions requiring
the commissioner to develop and propose an assessment system for
evaluating the progress students exempted under Subsection (a). 

SECTION 5. Amends Section 39.031(b), Education Code, to make a conforming
change. 

SECTION 6. Amends Section 39.051, Education Code, by amending Subsection
(b) and adding Subsection (f), to provide that performance indicators be
based on certain factors, including the results of assessment instruments
required under Sections 39.023(a) and (c), rather than Subchapter B.
Requires the indicator under Subsection (b)(1) to include the results of
assessment instruments required under Section 39.023(b), beginning with
the 2002-2003 school year.  Prohibits results from being aggregated by
grade level or subject area. 

SECTION 7. Amends Section 26.005, to authorize a parent to be entitled to
access to a copy of each state assessment instrument administered under
Section 39.023, rather than 39.023(a), (b), or (c), to the parent's child,
except as provided by Section 39.023(e). 

SECTION 8. Amends Section 28.025(a), Education Code, to make a conforming
change. 

SECTION 9. Amends Section 29.202, Education Code, to make a conforming
change. 

SECTION 10. Repealer:  Section 7.055(a)(33), Education Code (Commissioner
of Education Powers and Duties). 

SECTION 11. Sets forth requirements of the Texas Education Agency and the
commissioner of education, regarding the assessment of testing
instruments. 

SECTION 12. Emergency clause.
  Effective date: upon passage.