Office of House Bill AnalysisH.B. 2172
By: Luna, Vilma


Prior to the 76th Legislature,  the Texas Education Agency (TEA) conducted
two types of monitoring visits.  Accreditation monitoring was based on the
Academic Excellence Indicator System (AEIS), which assesses school
performance according to standards set forth under Section 39.051,
(Academic Excellence Indicators), Education Code.  Compliance monitoring,
conducted at different campuses on a six-year, fixed cycle, is known as
District Effectiveness and Compliance, or DEC, and monitors only special
programs.  At present, those programs include special education, gifted and
talented, migrant, and bilingual programs.   

A school district knows in advance of a DEC visit, and is assisted in
preparing for the compliance visit.  A DEC monitoring team includes some
TEA staff, but primarily comprises contract employees.  If a DEC team finds
a district out of compliance with relevant state and federal requirements,
TEA will issue a corrective action plan.  However, districts often remain
out of compliance with no consequences; further, sanctions against a
district for noncompliance are rare. 

Accreditation monitoring measures campus performance using academic
excellence indicators set forth under Chapter 39 (Public School System
Accountability), Education Code.  These indicators include attendance
rates, dropout rates, and campus performance on the TAAS assessment
instrument.  Because most children in special education programs do not
take the TAAS test, assessing special education programs using AEIS does
not adequately measure the performance of a district's special education
program administration. 

H.B. 2172 amends Chapter 39, Education Code, to require TEA to develop a
monitoring system specifically for special education programs, which must
provide for ongoing analysis of district special education data and
complaints regarding special education services.  This bill also requires
TEA's complaint management division to develop a system for expedited
investigation and resolution of complaints.  

H.B. 2172 also requires the annual performance report prepared by TEA for
each district to include the district's current special education
compliance status with TEA, and requires TEA to consider that status in
determining a district's accreditation rating. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Sections 29.010, Education Code, by amending Subsections
(a) and (b) and adding Subsections (e) and (f), as follows:  

(a)  Requires the Texas Education Agency (TEA) to adopt and implement a
system for monitoring school district compliance with federal and state
laws regarding special education.  Provides that the monitoring system must
provide for ongoing analysis of district special education data.  Provides
that the monitoring system must provide for analysis of complaints filed
with TEA regarding special education services and for inspections of school
districts at district facilities.  Requires TEA to use the information from
the monitoring system to determine a schedule for, and the extent of an

(b)  Provides that, to complete the inspection, TEA must obtain information
from teachers,  in addition to parents, of students in special education
programs in a district. 

(e)  Requires TEA's complaint management division to develop a system for
expedited investigation and resolution of complaints concerning a
district's failure to provide special education or related services to a
student eligible to participate in a special education program. 

(f)  Provides that this section does not create an obligation for or impose
a requirement on a school district or open-enrollment charter school that
is not also created or imposed under another state law or a federal law.  

SECTION 2.  Amends Section 39.053, Education Code,  as follows:

(a)  Creates Subdivisions (1) and (2) from existing text, and adds
Subdivision (3), to provide that the annual report must include the
district's current special education compliance status with TEA. Makes a
conforming change.  

(b)  Created from existing text.  Redesignates Subsections (b)-(f) to
Subsections (c)-(g). 

SECTION 3.  Amends Section 39.072(b), Education Code, to require that the
academic excellence indicators adopted under Sections 39.051 (b)(1) through
(6), (Academic Excellence Indicators), requiring performance under this
section to be compared to established state standards, and setting forth
certain specified indicators along with the district's current special
education compliance status with the agency, to be the main considerations
of the agency in the rating of the district under this section.  Makes
conforming changes. 

SECTION 4.  Amends Section 39.073, Education Code, by adding Subsection
(e), to require TEA, when determining a district's accreditation rating, to
consider the district's current special education compliance status with

SECTION 5.  Amends Section 39.182(a), Education Code, to include, in the
comprehensive report TEA is required to present to certain state officials,
a list of each school district that is not in compliance with special
education requirements, including the period of noncompliance; the manner
in which TEA determined noncompliance;  and an explanation of actions taken
by the commissioner of education to ensure compliance and an evaluation of
the results of such actions.  Makes conforming changes. 

SECTION 6. (a)  Makes Sections 2-4 of this Act applicable beginning with
the 1999-2000 school year. 

(b)  Provides that the report required under Section 39.182(a), Education
Code, must include the information required by Section 39.182(a), as
amended by this Act, beginning with the first report TEA would regularly
make under that section after the effective date of this Act. 

SECTION 7.  Emergency clause.
  Effective date: upon passage.