HBA-MPM C.S.H.B. 2812 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2812
By: Salinas
Higher Education
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A critical period for students is the transition between secondary schools
and higher education, as evidenced by the failure rates on the Texas
Academic Skills Program (TASP) test and the high statewide drop-out rate
that occurs in the first two years a student attends a college or
university. Currently, the TASP test and other assessment tools may
prohibit a student from gaining admission into an institution of higher
education.  C.S.H.B. 2812 authorizes the Educational Productivity Council
in the College of Education at the University of Texas at Austin to develop
a database of information on the performance of students attending public
primary and secondary schools and institutions of higher education in order
to help public school teachers and instructors at institutions of higher
education in providing appropriate instruction to students; and  to ensure
that each student performing below grade level on a subject in the required
curriculum is identified. 

RULEMAKING AUTHORITY

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 BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 51, Education Code, by adding
Section 51.3065, as follows: 

Sec. 51.3065.  STUDENT PERFORMANCE DATABASE.  (a)  Authorizes the
Educational Productivity Council (council) in the College of Education at
the University of Texas at Austin (university) to develop a database of
information on the performance of students attending public primary and
secondary schools and institutions of higher education that can be used to: 

_assist public school teachers and instructors at institutions of higher
education in providing appropriate instruction to students; and  
_ensure that each student performing below grade level on a subject in the
required curriculum under Section 28.002 (Required Curriculum), Education
Code, or unsuccessfully in a course in the core curriculum under Subchapter
S (Transfer of Credit), Chapter 61 (Texas Higher Education Coordinating
Board), Education Code, is identified for certain academic purposes. 

(b)  Authorizes the council to consult with educators at public primary and
secondary schools and institutions of higher education and any other
experts as necessary to develop a database meeting the requirements
established under Subsection (a). 

(c)  Requires the council to make information in the database available to
a student's teacher or instructor, as applicable, or to an administrator
employed by the school, school district, or institution of higher education
in which the student is enrolled upon written request. 

(d) Provides that for the limited purposes of this section, officers and
employees of the council are considered state school officials for purposes
of 20 U.S.C., Section 1232g  (Family Educational and Privacy Rights), or
other federal law governing education records.  Makes the council subject
to federal law governing the release or provision of access to any
personally identifiably information in the education records. 

(e)  Defines "institution of higher education" for purposes of this section.

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2812 differs from the original bill by modifying SECTION 1
(proposed Section 51.3065, Education Code), to authorize, rather than
require, the Educational Productivity Council (council) in the College of
Education at the University of Texas at Austin to develop a database of
information on the performance of students attending public primary and
secondary schools and institutions of higher education that can be used for
certain purposes.