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.