By Howard                                        H.B. No. 575

      75R2165 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain requirements relating to public school reading

 1-3     and mathematics instruction and textbooks and to the minimum number

 1-4     of days of service for certain public school educators.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 21.044, Education Code, is amended to

 1-7     read as follows:

 1-8           Sec. 21.044.  EDUCATOR PREPARATION.  (a)  The board shall

 1-9     propose rules establishing the training requirements a person must

1-10     accomplish to obtain a certificate, enter an internship, or enter

1-11     an induction-year program.  The board shall specify the minimum

1-12     academic qualifications required for a certificate.

1-13           (b)  The rules adopted by the board under Subsection (a) must

1-14     require that for a person to obtain a certificate under which the

1-15     person may teach at an elementary grade level, the person must

1-16     complete training in  reading instruction, including training in:

1-17                 (1)  phonemic awareness;

1-18                 (2)  systematic, explicit phonics;

1-19                 (3)  sound-symbol relationship;

1-20                 (4)  decoding words;

1-21                 (5)  word-attack skills;

1-22                 (6)  spelling;

1-23                 (7)  vocabulary development;

1-24                 (8)  grammar, punctuation, and capitalization skills;

 2-1                 (9)  the diagnosis of reading deficiencies;

 2-2                 (10)  strategies for early intervention in reading

 2-3     deficiencies;

 2-4                 (11)  the scientific research on the manner in which

 2-5     children learn to read;

 2-6                 (12)  the scientific research on the manner in which

 2-7     proficient readers read;

 2-8                 (13)  the structure of the English language;

 2-9                 (14)  the relationships among reading, writing, and

2-10     spelling;

2-11                 (15)  planning and delivering appropriate reading

2-12     instruction based on assessment and evaluation; and

2-13                 (16)  independent student reading of high quality books

2-14     and the relationship of that reading to improved reading

2-15     performance.

2-16           SECTION 2.  Section 21.048(a), Education Code, is amended to

2-17     read as follows:

2-18           (a)  The board shall propose rules prescribing comprehensive

2-19     examinations for each class of certificate issued by the board.

2-20     The rules must  provide that the examination for a certificate

2-21     under which a person may teach at an elementary grade level must

2-22     assess mastery of reading instruction for which training is

2-23     required under Section 21.044.

2-24           SECTION 3.  Section 21.401(b), Education Code, is amended to

2-25     read as follows:

2-26           (b)  An educator employed under a 10-month contract must

2-27     provide a minimum number of days of service as determined by the

 3-1     following formula:

 3-3     where:

 3-4           "MDS" is the minimum number of days of service;

 3-5           "R1" is equal to FSP/ADA as determined under Section 21.402

 3-6     for the fiscal year; and

 3-7           "R2" is equal to FSP/ADA as determined under Section 21.402

 3-8     for the 1994-1995 school year.

 3-9           SECTION 4.  Section 21.451(a), Education Code, is amended to

3-10     read as follows:

3-11           (a)  The staff development provided by a school district must

3-12     be conducted in accordance with minimum standards developed by the

3-13     commissioner for program planning, preparation, and improvement.

3-14     The staff development:

3-15                 (1)  must include technology training and training in

3-16     conflict resolution and discipline strategies; [and]

3-17                 (2)  must include, for teachers who teach kindergarten,

3-18     grade one, two, or three, or special education, at least five days

3-19     of training in reading instruction, including training in:

3-20                       (A)  phonemic awareness;

3-21                       (B)  systematic, explicit phonics;

3-22                       (C)  sound-symbol relationship;

3-23                       (D)  decoding words;

3-24                       (E)  word-attack skills;

3-25                       (F)  spelling;

3-26                       (G)  vocabulary development;

3-27                       (H)  grammar, punctuation, and capitalization

 4-1     skills;

 4-2                       (I)  the diagnosis of reading deficiencies;

 4-3                       (J)  strategies for early intervention in reading

 4-4     deficiencies;

 4-5                       (K)  the scientific research on the manner in

 4-6     which children learn to read;

 4-7                       (L)  the scientific research on the manner in

 4-8     which proficient readers read;

 4-9                       (M)  the structure of the English language;

4-10                       (N)  the relationships among reading, writing,

4-11     and spelling;

4-12                       (O)  planning and delivering appropriate reading

4-13     instruction based on assessment and evaluation; and

4-14                       (P)  independent student reading of high quality

4-15     books  and the relationship of that reading to improved reading

4-16     performance; and

4-17                 (3)  may include instruction as to what is permissible

4-18     under law, including opinions of the United States Supreme Court,

4-19     in regard to prayers in public school.

4-20           SECTION 5.  Section 28.002(c), Education Code, is amended to

4-21     read as follows:

4-22           (c)  The State Board of Education, with the direct

4-23     participation of educators, parents, business and industry

4-24     representatives, and employers shall by rule identify the essential

4-25     knowledge and skills of each subject of the foundation curriculum

4-26     that all students should be able to demonstrate and that will be

4-27     used in evaluating textbooks under Chapter 31 and addressed on the

 5-1     assessment instruments required under Subchapter B, Chapter 39.

 5-2     Reading must be included among the essential knowledge and skills

 5-3     of English language arts for grades one through eight.  The reading

 5-4     curriculum, based on scientific research, must be grade specific

 5-5     and increase in depth and complexity from one school year to the

 5-6     next, focus on core knowledge, and include phonemic awareness and

 5-7     systematic, explicit phonics and spelling knowledge and skills.

 5-8     The essential knowledge and skills for  mathematics for grades one

 5-9     through eight, based on scientific research, must be grade specific

5-10     and increase in depth and complexity from one school year to the

5-11     next, focus on core knowledge, and include basic computational

5-12     knowledge and skills.  As a condition of accreditation, the board

5-13     shall require each district to provide instruction in the essential

5-14     knowledge and skills at appropriate grade levels.

5-15           SECTION 6.  Section 31.023(a), Education Code, is amended to

5-16     read as follows:

5-17           (a)  For each subject and grade level, the State Board of

5-18     Education shall adopt two lists of textbooks.  The conforming list

5-19     includes each textbook submitted for the subject and grade level

5-20     that meets applicable physical specifications adopted by the State

5-21     Board of Education, [and] contains material covering each element

5-22     of the essential knowledge and skills of the subject and grade

5-23     level as determined by the State Board of Education under Section

5-24     28.002 presented in an educationally effective manner as proven by

5-25     scientific research, and is adopted under Section 31.024.  To be

5-26     placed on the conforming list, a reading textbook for grade one or

5-27     above through grade eight must address phonemic awareness and must

 6-1     contain systematic, explicit phonics and spelling instruction that

 6-2     increases in depth and complexity from one school year to the next

 6-3     and a mathematics textbook for grade one or above through grade

 6-4     eight must contain instruction in basic computational skills that

 6-5     increases in depth and complexity from one school year to the next.

 6-6     The nonconforming list includes each textbook submitted for the

 6-7     subject and grade level that:

 6-8                 (1)  meets applicable physical specifications adopted

 6-9     by the State Board of Education;

6-10                 (2)  contains material covering at least half, but not

6-11     all, of the elements of the essential knowledge and skills of the

6-12     subject and grade level presented in an educationally effective

6-13     manner as proven by scientific research; [and]

6-14                 (3)  is adopted under Section 31.024; and

6-15                 (4)  contains systematic, explicit phonics and spelling

6-16     instruction that increases in depth and complexity from one school

6-17     year to the next, in the case of a reading textbook for grade one

6-18     or above through grade eight.

6-19           SECTION 7.  Subchapter B, Chapter 31, Education Code, is

6-20     amended by adding Section 31.030 to read as follows:

6-21           Sec. 31.030.  TEACHER EDITIONS OF READING TEXTBOOKS.  Each

6-22     teacher edition of a reading textbook must address:

6-23                 (1)  the structure of the English language;

6-24                 (2)  the relationships among reading, writing, and

6-25     spelling;

6-26                 (3)  planning and delivering appropriate reading

6-27     instruction based on assessment and evaluation; and

 7-1                 (4)  independent student reading of high quality books

 7-2     and the relationship of that reading to improved reading

 7-3     performance.

 7-4           SECTION 8.  Sections 39.023(a) and (f), Education Code, are

 7-5     amended to read as follows:

 7-6           (a)  The agency shall adopt appropriate criterion-referenced

 7-7     assessment instruments designed to assess competencies in

 7-8     pre-reading, reading, writing, mathematics, social studies, and

 7-9     science.  All  nonexempt students shall be assessed in:

7-10                 (1)  pre-reading, including phoneme awareness, letter

7-11     sound knowledge, and letter knowledge, in kindergarten;

7-12                 (2)  reading and mathematics, annually in grades three

7-13     through eight;

7-14                 (3) [(2)]  writing, in grades four and eight;  and

7-15                 (4) [(3)]  social studies and science, at an

7-16     appropriate grade level determined by the State Board of Education.

7-17           (f)  The State Board of Education may adopt one appropriate,

7-18     nationally recognized, norm-referenced assessment instrument in

7-19     reading and mathematics to be administered to a selected sample of

7-20     students in the spring.  The board shall adopt one appropriate,

7-21     nationally recognized, norm-referenced assessment instrument in

7-22     basic reading and reading comprehension to be administered to all

7-23     nonexempt students in grade three.  Each [If adopted, a]

7-24     norm-referenced assessment instrument must be a secured test.  The

7-25     state may pay the costs of purchasing and scoring the optional

7-26     norm-referenced [adopted] assessment instrument and of distributing

7-27     the results of that [the adopted] instrument to the school

 8-1     districts.  The state shall pay the costs of purchasing and scoring

 8-2     the third-grade reading assessment instrument and of distributing

 8-3     the results of that instrument to the school districts.  A district

 8-4     [that administers the norm-referenced test adopted under this

 8-5     section] shall report the results of each norm-referenced

 8-6     assessment instrument administered by the district under this

 8-7     subsection to the agency in a manner prescribed  by the

 8-8     commissioner.

 8-9           SECTION 9.  Notwithstanding the textbook review and adoption

8-10     requirements under Section 31.022, Education Code, or the textbook

8-11     review and adoption cycle the State Board of Education adopts under

8-12     that section, the board shall review and adopt reading textbooks

8-13     for grades one through eight that satisfy requirements under

8-14     Section 31.023, Education Code, as amended by this Act, and

8-15     accompanying teacher edition reading textbooks that satisfy

8-16     requirements under Section 31.030, Education Code, as added by this

8-17     Act, as soon as practicable.

8-18           SECTION 10.  Sections 1-8 of this Act apply beginning with

8-19     the 1997-1998 school year.

8-20           SECTION 11.  The importance of this legislation and the

8-21     crowded condition of the calendars in both houses create an

8-22     emergency and an imperative public necessity that the

8-23     constitutional rule requiring bills to be read on three several

8-24     days in each house be suspended, and this rule is hereby suspended,

8-25     and that this Act take effect and be in force from and after its

8-26     passage, and it is so enacted.