JLM C.S.H.B. 2051 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.H.B. 2051 By: Garcia 5-5-97 Committee Report (Substituted) BACKGROUND A revision in the Limited English Proficiency (LEP) deferral policy for exit-level students was made in the 74th legislature. This revision redefined a "recent immigrant student" as an "immigrant entering the United States no more than 12 months before the administration of the exit level TAAS test." Within that 12-month period, a student may defer taking the test for one year. However, most students who enter high school as "recent immigrants" enter as 9th graders and are not required to take the test the first year. But, when these students reach the 10th grade, the situation becomes quite problematic. According to data collected for the past 12 years, at least 4-8 years may be required for all ages of LEP students to reach national grade-level norms of native speakers in all areas of language and academic achievement, as measured on standardized tests such as TAAS. Twelve months may be valid from an immigration standpoint, but from the standpoint of pedagogy and language acquisition, it creates a policy that is potentially damaging to students who are recent immigrants to our high schools. Since testing for practice is no longer an option, the TAAS test, as currently administered, creates immense pressure for the recent immigrant student and the school. Therefore, three years of English development should be allowed before students are required to take the TAAS Exit Exam. PURPOSE HB 2051 would allow LEP students to be assessed for three years using an assessment instrument developed by the commissioner of education before these students take the TAAS Exit Exam. 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 3. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 39.023(a) and (d) and adds (l) and (m) as follows: (a) states the agency shall adopt or develop appropriate criterion- referenced assessment instruments to assess competencies in reading, writing, mathematics, social studies, and science. It also changes the students exempt to only those students assessed under Subsection (1) or exempted under Section 39.027. (d) gives the State Board of Education power to adopt rules necessary to release questions and answer keys administered under subsection (l). (l) gives the State Board of Education power to adopt rules for administration of the assessment instruments adopted under Subsection (a) to students of limited English proficiency , as defined by Section 29.052. The agency shall adopt or develop assessment instruments to assess the English proficiency of students as provided by the board rules. (m) states that the agency shall adopt or develop and the State Board of Education shall administer the assessment instruments not later than the 2000-2001 school year. The agency shall initially release, under Subsection (d), the questions and answer key to each assessment instrument adopted under Subsection (l) after the last administration of an assessment instrument in the third school year in which the instrument is administered. SECTION 2: Amends Section 39.024(b) and (c) as follows: (b) states that the intensive programs shall be designed to enable the students who did not perform satisfactorily on an assessment instrument to be performing at grade level. It also states that the intensive programs shall be designed to enable the students who did not perform satisfactorily on an assessment instrument under Section 39.023(a) or a secondary exit level assessment instrument to attain a standard of annual growth specified by the agency. (c) strikes that the agency must distribute study guides for the assessment instruments administered under Section 39.023(a) and the secondary exit level assessment instruments. It also states that the school districts shall distribute the study guides to parents of students who do not perform satisfactorily. SECTION 3: Amends Section 39.027(a), (c), and (d) as follows: (a) strikes the exception as provided by Subsection (c) to when a student may be exempted. (2) adds that a student may be exempted from the administration in the English language of an assessment instrument under Section 39.023(a) if the student is of limited English proficiency and meets the criteria for exemption established by rule of the State Board of Education. Amends Section 39.027(c), Education Code, to require that the commissioner of education develop an assessment system to check on the educational progress of LEP students not later than September 1, 2000. Adds Section 39.027(d) to the Education Code requiring that LEP students who have recently immigrated to this country, are enrolled for the first time in a Texas public school, and are instructed in English for one or more school years because of a shortage of bilingual education teachers, be assessed for at least three school years, unless waived by LPAC, via an assessment developed by the commissioner, before the students may take the TAAS Exit Exam. SECTION 4: Amends Section 26.005 to add that a parent is entitled access to a copy of each state assessment instrument administered under Section 39.023(l). SECTION 5: Repeals Section 7.055(a)(33). SECTION 6: Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute to HB 2051 contains substantively the same language as that in HB 2051, with changes to the original dates by which the commissioner must develop certain assessment instruments from September 1, 1998 in HB 2051 to September 1, 2000 in CSHB 2051. CSHB 2051 also proposes additional language which makes the following changes: Under SECTION 1 of the substitute, LEP students who would be assessed under Section 39.027 would be exempt from taking the TAAS. Furthermore, under this section, the State Board of Education would have to adopt rules for the administration of the assessment instrument to assess the progress of LEP students. This would have to be done not later than the 2000-2001 school year; Under SECTION 2 of the substitute, an intensive program of instruction would be designed for those LEP students who did not perform satisfactorily on an assessment instrument or a secondary exit-level assessment instrument to attain a standard of growth specified by the agency. Furthermore, this section would also require that the agency develop a mechanism to assist parents in helping their children pass the assessment; Under SECTION 4 would entitle a parent to have access to a copy of the each state assessment instrument administered under Sections 39.023(a), (b), or (1) to the parent's child; and SECTION 5 would repeal Section 26.005 of the Education Code.