JLM C.S.H.B. 1800 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.H.B. 1800 By: Hochberg 5-1-97 Committee Report (Substituted) BACKGROUND The current 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 the scores of the other students and do not count in the school rating system. Schools can receive rankings of "exemplary" or "recognized" even if all of their special education students are exempt from the assessment portion of the accountability system. PURPOSE To provide an assessment instrument that will bring special education students into the statewide accountability program for standardized testing. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants rulemaking authority to the State Board of Education in Section 1 and Section 8 and to the Texas Education Agency in Section 2. SECTION BY SECTION ANALYSIS Section 1. Amends Section 39.023(a) of the Education Code to add an exception to those students who will be assessed in certain academic competencies. Adds Subsection (b) stating that the agency will develop appropriate criterion referenced assessment for special education students who receive instruction in the essential elements but whose admission, review, and dismissal committee determines they cannot take the TAAS, even with modifications. States that the alternative will be given on the same schedule as TAAS. Amends Subsection (c) to add if a student is in a special education program, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering the student an assessment instrument required under this subsection or whether the student should be exempted. Section 2. Amends Section 39.024 (a) of the Education Code to allow the admission, review, and dismissal committee to determine the level of satisfactory performance for each student on the alternative assessment administered to that student in accordance with criteria established by agency rule. Amends Section 39.024 (b) of the Education Code to clarify when an intensive program of instruction must be offered for students who do not pass the assessment instrument administered. Amends Section 39.024 (c) of the Education Code to add an exception to who the agency must develop and distribute study guides. Section 3. Amends Section 39.025 (a) of the Education Code by making some non- substantive changes in subsection references to correlate with those made in Section 39.023 of the Education Code. Section 4. Amends Section 39.027 (a) to remove the exception provided for the students who may be exempted from the subchapter's requirements. Adds another provision to the existing requirement for a student's exemption. Amends Section 39.027 (c) by removing the content of that subsection and replacing it with language that directs the commissioner to develop and adopt a process for reviewing the exemption process of a school district and explains which school districts will be reviewed. Adds Section 39.027(d) that states in a year preceding the adoption and administration of assessment instruments a student who is eligible for a special education program, who may be exempted from the administration of an assessment instrument, would not provide an appropriate measure of the student's achievement as determined by the student's admission review, and dismissal committee. Expires Sept. 1, 2000. Section 5. Amends Section 39.031 (b) of the Education Code to make a non-substantive change in subsection reference to correlate with those made in Section 39.023 of the Education Code. Section 6. Amends Section 39.051 (b) of the Education Code to aggregate the scores of special education students into the scores for all other students. Makes a non- substantive change in subsection reference to correlate with those made in Section 39.023 of the Education Code. Adds Section 39.051(f) requiring the indicator must include the results of assessment instruments beginning with the 2002-2003 school year. The results may not be aggregated by grade level or subject area. Section 7. Amends Section 26.005 of the Education Code to make some non-substantive changes in subsection references to correlate with those changes made to Section 39.023 of the Education Code. Section 8. Amends Section 28.025 (a) of the Education Code to make some non-substantive changes in subsection references to correlate with those changes made to Section 39.023 of the Education Code. Section 9. Amends Section 29.202 of the Education Code to make a substantive change in subsection reference to correlate with the changes made to Section 39.023 of the Education Code. Section 10. Repeals Section 7.055 (a) (33) of the Education Code. Section 11. (a) TEA must adopt assessment instruments, in accordance with the changes made in this Act, no later than September 1, 1997. The assessment instruments adopted will be administered beginning with the 2000-2001 school year. (b) The commissioner must adopt a process for reviewing the exemption process of school districts beginning with the first school year that assessment instruments are administered. Section 12. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1. HB 1800 amended Section 39.023(c) to add that the agency will adopt secondary exit-level assessment instruments to assess competencies in math and English language arts for students assessed under Subsection (a). Whereas CSHB 1800 amends Section 39.023(c) to add if a student is in a special education program, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering the student an assessment instrument required under this subsection or whether the student should be exempted. Section 2. HB 1800 amended Section 39.024(a) to allow the admission, review, and dismissal committee to determine the level of satisfactory performance for each student on the alternative assessment they are taking and to determine what modifications in testing procedures are needed for the student to take the alternative. Whereas, CSHB 1800 allows the committee to determine the level of satisfactory performance in accordance with criteria established by agency rule. HB 1800 amended Section 39.024(c) of the Education Code to add an exception to who the agency must develop and distribute study guides for. Whereas, CSHB 1800 of the Education Code to add an exception to who the agency must develop and distribute study guides. Section 4. CSHB 1800 adds Section 39.027(d) that states in a year preceding the adoption and administration of assessment instruments a student who is eligible for a special education program, who may be exempted from the administration of an assessment instrument, would not provide an appropriate measure of the student's achievement as determined by the student's admission review, and dismissal committee. Expires Sept. 1, 2000. Section 6. CSHB 1800 adds Section 39.051(f) requiring the indicator must include the results of assessment instruments beginning with the 2002-2003 school year. The results may not be aggregated by grade level or subject area. Section 11. HB 1800 required TEA to adopt assessment instruments no later than August 1, 1998 and administer them beginning with the 1998-1999 school year. CSHB 1800 requires the adoption no later than September 1, 1997 and administers them beginning with the 2000-2001 school year. HB 1800 required the commissioner to adopt a process for reviewing the exemption process os school districts no later than September 1, 1998. CSHB 1800 requires the commissioner to adopt a process for reviewing the exemption process of school districts beginning with the first school year that assessment instruments are administered.