HBA-GUM H.B. 3675 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3675 By: Garcia Public Education 4/13/1999 Introduced BACKGROUND AND PURPOSE Students of limited English proficiency who enroll in public schools are often instructed in English for one or more years due to a shortage of bilingual education teachers. Current law does not provide an assessment system to evaluate the academic progress of these students. H.B. 3675 provides an assessment system to evaluate the academic progress of bilingual students who are being instructed in English. This bill provides for an evaluation of the students' progress for three years and that it be done before the students are tested by an assessment instrument adopted under Section 39.023 (Adoption and Administration of Instruments), Education Code, unless a language and proficiency assessment committee waives a portion or all of the three-year period. In addition, this bill requires that the performance assessment of the specified students be included in the academic excellence indicator system, the campus report card, and a performance report. H.B. 3675 also repeals Section 7.055(a)(33), Education Code, relating to the requirement that the commissioner of education develop and propose to the legislature a specified assessment system. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board of Education in SECTION 1 (Section 39.023, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 39.023, Education Code, by amending Subsections (a) and (e) and adding Subsections (l) and (m), as follows: (a) Adds language to require the Texas Education Agency (TEA) to develop appropriate specified criterion-referenced assessment instruments. Includes Subsection (l) among the exemptions from this subsection. (e) Includes the assessment instrument under Subsection (l) among the assessment instruments for which TEA is required to release the questions and answer keys. (l) Requires the State Board of Education (board) to adopt rules for the administration of the assessment instruments adopted under Subsection (a) to students of limited English proficiency, as defined by Section 29.052 (Definitions). Requires TEA to adopt or develop assessment instruments to assess the English reading proficiency of students as provided by board rule. (m) Requires TEA to adopt or develop and the board to administer the assessment instruments adopted under Subsection (a) to students of limited English proficiency as defined by Section 29.052 (Definitions), not later than the 2002-2003 school year. Requires TEA to initially release, under Subsection (e), the questions and answer key to each assessment instrument adopted or developed under Subsection (l) after the last administration of an assessment instrument in the third school year in which the instrument is administered. Provides that this subsection expires September 1, 2003. SECTION 2. Amends Section 39.024(b), Education Board, to provide that an intensive program under this section is to be designed to enable the students under this section to attain a standard of annual growth specified by TEA. SECTION 3. Amends Section 39.027, Education Code, by amending Subsections (a) and (e) and adding Subsections (f) and (g), as follows: (a)(3) Provides that a student may be exempted from the administration in the English language of an assessment instrument specifically under Section 39.023(a) (Adoption and Administration of Instruments). Provides that this subdivision applies if the student meets the criteria for exemption established by board rule. (e) Requires the commissioner of education (commissioner), not later than September 1, 2002, to develop an assessment system to be used for evaluating the academic progress of students exempted under Subsection (a)(3) who are instructed in English because of a shortage of teachers with teaching certificates and endorsements appropriate for bilingual education instruction or for English as a second language instruction at the secondary level. Provides that not later than the 2002-2003 school year, the performance under an assessment system of students to whom Subsection (a)(3) applies must be included in the academic excellence indicator system under Section 39.051 (Academic Excellence Indicators), the campus report card under Section 39.052 (Campus Report Card), and the performance report under Section 39.053 (Performance Report). Provides that this subsection expires September 1, 2003. (f) Provides that a student of limited English proficiency who is enrolling for the first time in a public school in this state and is instructed primarily in English for one or more school years because of a shortage of teachers as described in Subsection (e) must be assessed for at least three school years using an assessment instrument under Subsection (a)(3). Provides that assessment under this subsection must be completed before the student may be assessed using an assessment instrument adopted under Section 39.023 (Adoption and Administration of Instruments) unless the committee established under Section 29.063 (Language Proficiency Assessment Committees) waives all or a portion of the period. Defines "student of limited English proficiency." (g) Redesignates existing text from Subsection (e). SECTION 4. Repealer: Section 7.055(b)(33) , Education Code (relating to the requirement that the commissioner develop and propose to the legislature a specified assessment system). SECTION 5. Provides that Section 39.027(f), Education Code, as added by this Act, applies beginning with the 2000-2001 school year. SECTION 6. Emergency clause. Effective date: upon passage.