Floor Packet Page No. 272
Amend CSSB 4 by adding the following appropriately numbered
SECTIONS to the bill and renumbering the subsequent SECTIONS of the
bill accordingly:
SECTION ____. Section 7.102(c)(4), Education Code, is
amended to read as follows:
(4) The board shall establish curriculum and
graduation requirements as required by Chapter 28.
SECTION ____. Section 8.051(d), Education Code, is amended
to read as follows:
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in teaching each subject
area assessed under Section 39.023 using methods based on
scientific research;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district rated academically unacceptable under Section 39.072(a) or
a campus whose performance is considered unacceptable based on the
indicators adopted under Section 39.051;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees; and
(5) assistance in complying with state laws and rules.
SECTION ____. Section 11.201(d), Education Code, is amended
to read as follows:
(d) The duties of the superintendent include:
(1) assuming administrative responsibility and
leadership for the planning, operation, supervision, and evaluation
of:
(A) the education programs, services, and
facilities of the district;
(B) <and for> the annual performance appraisal
of the district's staff; and
(C) curricula based on scientific research for
elementary reading, spelling, and mathematics;
(2) assuming administrative authority and
responsibility for the assignment and evaluation of all personnel
of the district other than the superintendent;
(3) making recommendations regarding the selection of
personnel of the district other than the superintendent, as
provided by Section 11.163;
(4) initiating the termination or suspension of an
employee or the nonrenewal of an employee's term contract;
(5) managing the day-to-day operations of the district
as its administrative manager;
(6) preparing and submitting to the board of trustees
a proposed budget as provided by Section 44.002;
(7) preparing recommendations for policies to be
adopted by the board of trustees and overseeing the implementation
of adopted policies;
(8) developing or causing to be developed appropriate
administrative regulations to implement policies established by the
board of trustees;
(9) providing leadership for the attainment of student
performance in the district based on the indicators adopted under
Section 39.051 and other indicators adopted by the State Board of
Education or the district's board of trustees;
(10) organizing the district's central administration;
and
(11) performing any other duties assigned by action of
the board of trustees.
SECTION ____. Section 11.202(b), Education Code, is amended
to read as follows:
(b) Each principal shall:
(1) except as provided by Subsection (d), approve all
teacher and staff appointments for that principal's campus from a
pool of applicants selected by the district or of applicants who
meet the hiring requirements established by the district, based on
criteria developed by the principal after informal consultation
with the faculty;
(2) set specific education objectives for the
principal's campus, including for elementary school principals the
implementation of curricula based on scientific research for
reading, spelling, and mathematics, through the planning process
under Section 11.253;
(3) develop budgets for the principal's campus;
(4) assume the administrative responsibility and
instructional leadership, under the supervision of the
superintendent, for discipline at the campus;
(5) assign, evaluate, and promote personnel assigned
to the campus;
(6) recommend to the superintendent the termination or
suspension of an employee assigned to the campus or the nonrenewal
of the term contract of an employee assigned to the campus; and
(7) perform other duties assigned by the
superintendent pursuant to the policy of the board of trustees.
SECTION ____. Section 11.252(a), Education Code, is amended
to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the academic excellence indicators adopted
under Section 39.051. The district improvement plan must include
provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the academic excellence indicators,
and other appropriate measures of performance, that are
disaggregated by all student groups served by the district,
including categories of ethnicity, socioeconomic status, sex, and
populations served by special programs;
(2) measurable district performance objectives for all
appropriate academic excellence indicators for all student
populations, appropriate objectives for special needs populations,
and other measures of student performance that may be identified
through the comprehensive needs assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods, including methods
based on scientific research for reading, spelling, and
mathematics, for addressing the needs of student groups not
achieving their full potential;
(B) methods for addressing the needs of students
for special programs, such as suicide prevention, conflict
resolution, violence prevention, research-based reading programs,
or dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development, including where
appropriate, training in the use of curricula based on scientific
research for reading, spelling, and mathematics, for professional
staff of the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) resources needed to implement identified
strategies;
(5) staff responsible for ensuring the accomplishment
of each strategy;
(6) timelines for ongoing monitoring of the
implementation of each improvement strategy; and
(7) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance.
SECTION ____. Section 12.013(b), Education Code, is amended
to read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that is
considered low-performing under Section 39.131(b);
(H) curriculum requirements under Sections
28.002(a)(1)(A) and (B);
(I) high school graduation under Section 28.025;
(J) <(I)> special education programs under
Subchapter A, Chapter 29;
(K) <(J)> bilingual education under Subchapter
B, Chapter 29;
(L) <(K)> prekindergarten programs under
Subchapter E, Chapter 29;
(M) <(L)> safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(N) <(M)> computation and distribution of state
aid under Chapters 31, 42, and 43;
(O) <(N)> extracurricular activities under
Section 33.081;
(P) <(O)> health and safety under Chapter 38;
(Q) <(P)> public school accountability under
Subchapters B, C, D, and G, Chapter 39;
(R) <(Q)> equalized wealth under Chapter 41;
(S) <(R)> a bond or other obligation or tax rate
under Chapters 42, 43, and 45; and
(T) <(S)> purchasing under Chapter 44.
SECTION ____. Section 12.056(b), Education Code, is amended
to read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) curriculum requirements under Sections
28.002(a)(1)(A) and (B);
(D) high school graduation under Section 28.025;
(E) <(D)> special education programs under
Subchapter A, Chapter 29;
(F) <(E)> bilingual education under Subchapter
B, Chapter 29;
(G) <(F)> prekindergarten programs under
Subchapter E, Chapter 29;
(H) <(G)> extracurricular activities under
Section 33.081;
(I) <(H)> health and safety under Chapter 38;
and
(J) <(I)> public school accountability under
Subchapters B, C, D, and G, Chapter 39.
SECTION ____. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) curriculum requirements under Sections
28.002(a)(1)(A) and (B);
(D) high school graduation under Section 28.025;
(E) <(D)> special education programs under
Subchapter A, Chapter 29;
(F) <(E)> bilingual education under Subchapter
B, Chapter 29;
(G) <(F)> prekindergarten programs under
Subchapter E, Chapter 29;
(H) <(G)> extracurricular activities under
Section 33.081;
(I) <(H)> health and safety under Chapter 38;
and
(J) <(I)> public school accountability under
Subchapters B, C, D, and G, Chapter 39.
SECTION ____. Section 19.004(c), Education Code, is amended
to read as follows:
(c) The district shall:
(1) develop educational and vocational training
programs specifically designed for persons eligible under Section
19.005, including an educational curriculum based on scientific
research to teach reading, spelling, and mathematics to those
persons who test at or below the sixth grade level on approved
placement tests; and
(2) coordinate educational programs and services in
the department with those provided by other state agencies, by
political subdivisions, and by persons who provide programs and
services under contract.
SECTION ____. Section 21.045, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Not later than September 1, 2000, the educator
preparation accreditation standards must include the requirement
that elementary teachers display knowledge of educational curricula
based on scientific research for teaching reading, spelling, and
mathematics. This subsection expires January 1, 2001.
SECTION ____. Section 21.046(b), Education Code, is amended
to read as follows:
(b) The qualifications for certification as a principal must
be sufficiently flexible so that an outstanding teacher may qualify
by substituting approved experience and professional training for
part of the educational requirements. Supervised and approved
on-the-job experience in addition to required internship shall be
accepted in lieu of classroom hours. The qualifications must
emphasize:
(1) instructional leadership;
(2) administration, supervision, and communication
skills;
(3) curriculum and instruction management, including
for elementary school principals knowledge of effective
implementation methods for educational curricula based on
scientific research for elementary reading, spelling, and
mathematics;
(4) performance evaluation;
(5) organization; and
(6) fiscal management.
SECTION ____. Section 21.047(c), Education Code, is amended
to read as follows:
(c) A center may develop and implement a comprehensive
field-based educator preparation program to supplement the
internship hours required in Section 21.050. This comprehensive
field-based teacher program must:
(1) be designed on the basis of current research into
state-of-the-art teaching practices, curriculum theory and
application, evaluation of student outcomes, and the effective
application of technology;
(2) for elementary teachers, emphasize the use of
educational methods and curricula based on scientific research for
teaching elementary reading, spelling, and mathematics; and
(3) <(2)> have rigorous internal and external
evaluation procedures that focus on content, delivery systems, and
teacher and student outcomes.
SECTION ____. Section 21.451(b), Education Code, is amended
to read as follows:
(b) The staff development must be predominantly
campus-based, related to achieving campus performance objectives
established under Section 11.253, and developed and approved by the
campus-level committee established under Section 11.251. Campus
staff development may include activities that enable the campus
staff to plan together to enhance existing skills, to share
effective strategies, to reflect on curricular and instructional
issues, to analyze student achievement results, to reflect on means
of increasing student achievement, to study research, to practice
new methods, to study educational methods based on scientific
research, to identify students' strengths and needs, to develop
meaningful programs for students, to appropriately implement
site-based decision-making, and to conduct action research. The
campus staff development activities may be conducted using study
teams, individual research, peer coaching, workshops, seminars,
conferences, or other reasonable methods that have the potential to
improve student achievement.
SECTION ____. Section 28.002, Education Code, is amended by
amending Subsections (a) and (i) and adding Subsection (l) to read
as follows:
(a) Each school district that offers kindergarten through
grade 12 shall offer, as a required curriculum:
(1) a foundation curriculum that includes:
(A) English language arts, including elementary
reading using educational methods based on scientific research and
morphographic spelling using educational methods based on
scientific research;
(B) mathematics, including elementary
mathematics using educational methods based on scientific research;
(C) science; and
(D) social studies, consisting of Texas, United
States, and world history, government, and geography; and
(2) an enrichment curriculum that includes:
(A) to the extent possible, languages other than
English;
(B) health;
(C) physical education;
(D) fine arts;
(E) economics, with emphasis on the free
enterprise system and its benefits;
(F) career and technology education; and
(G) technology applications.
(i) The State Board of Education shall adopt rules for the
implementation of this subchapter. Except as provided by
Subsection (j) and (l), the board may not adopt rules that
designate the methodology used by a teacher or the time spent by a
teacher or a student on a particular task or subject.
(l) Any method used to teach elementary reading, spelling,
or mathematics must be based on scientific research.
SECTION ____. Section 29.057, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The curriculum used for teaching reading, spelling, and
mathematics in bilingual education or special language programs
must be based on scientific research.
SECTION ____. Sections 29.081(b) and (e), Education Code,
are amended to read as follows:
(b) Each district shall provide accelerated instruction to a
student enrolled in the district who has taken the secondary
exit-level assessment instrument and has not performed
satisfactorily on each section or who is at risk of dropping out of
school. The accelerated instruction must consist of educational
methods based on scientific research.
(e) A school district may use a private or public
community-based dropout recovery education program based on
scientific research to provide alternative education programs for
students at risk of dropping out of school. The program must grade
students' work, offer course credit, modify instructional time
requirements, and establish methods of evaluating subject mastery.
SECTION ____. Section 29.084(a), Education Code, is amended
to read as follows:
(a) Each school district may provide at the district's
schools tutorial services based on scientific research <at the
district's schools>.
SECTION ____. Section 29.153(f), Education Code, is amended
to read as follows:
(f) A district's prekindergarten program must <shall> be
designed to develop skills necessary for success in the regular
public school curriculum, including language, mathematics, and
social skills, and must be based on scientific research.
SECTION ____. Section 29.253, Education Code, is amended to
read as follows:
Sec. 29.253. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
education programs shall be provided by public school districts,
public junior colleges, public universities, public nonprofit
agencies, and community-based organizations approved in accordance
with state statutes and rules adopted by the State Board of
Education. The programs must be based on scientific research and
must be designed to meet the education and training needs of adults
to the extent possible within available public and private
resources. Bilingual education may be the method of instruction
for students who do not function satisfactorily in English whenever
it is appropriate for their optimum development.
SECTION ____. Section 31.029, Education Code, is amended to
read as follows:
Sec. 31.029. BILINGUAL TEXTBOOKS. The board shall purchase
or otherwise acquire textbooks that are based on scientific
research for use in bilingual education classes.
SECTION ____. Section 37.002(a), Education Code, is amended
to read as follows:
(a) A teacher may send a student to the principal's office
to maintain effective discipline in the classroom. The first time
a student is referred to the principal, the principal must
determine the student's educational performance level by
administering a reading decoding and comprehension placement test
and a mathematics placement test. If the student's test
performance is two or more grade levels below the student's
assigned grade level, the principal must place the student in an
appropriate corrective reading or mathematics program that uses
methods based on scientific research. If the student's test
performance is equal to or greater than the student's assigned
grade level, or if the student continues to act in an inappropriate
manner after being placed in a corrective educational program that
uses methods based on scientific research, the principal shall
respond by employing appropriate discipline management techniques
consistent with the student code of conduct adopted under Section
37.001.
SECTION ____. Section 37.008(a), Education Code, is amended
to read as follows:
(a) Each school district shall provide an alternative
education program that:
(1) is provided in a setting other than a student's
regular classroom;
(2) is located on or off of a regular school campus;
(3) provides for the students who are assigned to the
alternative education program to be separated from students who are
not assigned to the program;
(4) focuses on English language arts, mathematics,
science, history, and self-discipline;
(5) provides a reading, spelling, and mathematics
curriculum based on scientific research;
(6) provides for students' educational and behavioral
needs; and
(7) <(6)> provides supervision and counseling.
SECTION ____. Section 37.011(h), Education Code, is amended
to read as follows:
(h) Academically, the mission of juvenile justice
alternative education programs shall be to enable students to
perform at grade level. A student who is not performing at grade
level on entering a juvenile justice alternative education program,
as determined by the student's performance on a reading decoding
and comprehension placement test and a mathematics placement test,
must be placed in a corrective educational program that uses
methods based on scientific research. For purposes of
accountability under Chapter 39, a student enrolled in a juvenile
justice alternative education program is reported as if the student
were enrolled at the student's assigned campus in the student's
regularly assigned education program, including a special education
program. Annually the Texas Juvenile Probation Commission, with
the agreement of the commissioner, shall develop and implement a
system of accountability consistent with Chapter 39, where
appropriate, to assure that students make progress toward grade
level while attending a juvenile justice alternative education
program. The Texas Juvenile Probation Commission shall adopt rules
for the distribution of funds appropriated under this section to
juvenile boards in counties required to establish juvenile justice
alternative education programs. A student served by a juvenile
justice alternative education program on the basis of an expulsion
under Section 37.007(a), (d), or (e) is not eligible for Foundation
School Program funding under Chapter 42 or 31.
SECTION ____. Section 37.055, Education Code, is amended to
read as follows:
Sec. 37.055. PARENTAL INVOLVEMENT. (a) On admitting a
student to a school-community guidance center, a representative of
the school district, the student, and the student's parent shall
develop an agreement that specifies the responsibilities of the
parent and the student. The agreement must include:
(1) a statement of the student's behavioral and
learning objectives, including a description of the educational
methods based on scientific research and the behavioral
modification methods that the school district intends to use to
meet the objectives;
(2) a requirement that the parent attend specified
meetings and conferences for teacher review of the student's
progress; <and>
(3) the parent's acknowledgement that the parent
understands and accepts the responsibilities imposed by the
agreement regarding attendance at meetings and conferences and
assistance in meeting other objectives, defined by the district, to
aid student remediation; and
(4) the school district's acknowledgement that the
district will use the best educational methods based on scientific
research available to accomplish the learning objectives.
(b) The superintendent of the school district may obtain a
court order from a district court in the school district requiring
a parent to comply with an agreement made under this section. A
parent who violates a court order issued under this subsection may
be punished for contempt of court.
(c) A parent may obtain a court order from a district court
in the county in which a school district is located requiring the
superintendent of the school district to comply with an agreement
made under this section. A superintendent who violates a court
order issued under this subsection may be punished for contempt of
court.
(d) In this section, "parent" includes a legal guardian.
SECTION ____. Section 38.003(b), Education Code, is amended
to read as follows:
(b) In accordance with the program approved by the State
Board of Education, the board of trustees of each school district
shall provide for the treatment of any student determined to have
dyslexia or a related disorder, including a corrective reading
program based on scientific research that has proven successful in
providing dyslexia remediation.
SECTION ____. Notwithstanding the textbook review and
adoption requirements under Section 31.022, Education Code, or the
textbook review and adoption cycle the State Board of Education
adopts under that section, the board shall review and adopt
reading, spelling, and mathematics textbooks and accompanying
teacher editions that are based on scientific research that satisfy
requirements under Sections 28.002(a)(1)(A) and (B), Education
Code, as amended by this Act, as soon as practicable.