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.