SRC-AXB C.S.H.B. 3675 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3675
By: Garcia (Bivins)
Education
5/14/1999
Committee Report (Substituted)


DIGEST 

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 would
provide an assessment system to evaluate the academic progress of bilingual
students who are being instructed in English and 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. C.S.H.B. 3675 also repeals Section7.055(a)(33),
Education Code, relating to the requirement that the commissioner of
education develop and propose to the legislature as specified assessment
system. 

PURPOSE

As proposed, C.S.H.B. 3675 establishes an assessment system to evaluate the
academic progress of bilingual students who are being instructed in
English. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Board of Education in SECTION
1 and 2 (Section 39.023(l) and Section 39.027(d)(3), 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), to add 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.  Includes the assessment
instrument under Subsection (l) among the assessment instruments for which
TEA is required to release the questions and answer keys. Requires the
State Board of Education (board) to adopt rules for the administration of
the assessment instruments adopted under Subsection (a) in Spanish to
students of limited English proficiency, as defined by Section 29.052
(Definitions), and whose primary language is Spanish. Requires each student
of limited English proficiency whose primary language is Spanish, other
than a student to whom Subsection (b) (relating to special educational
program for students with disabilities) applies, to be assessed using
assessment instruments in Spanish under this subsection or assessment
instruments in English under Subsection (a).  Requires the language
proficiency assessment committee to determine which students are
administered assessment instruments in Spanish under this subsection. 

SECTION 2. Amends Section 39.024(b), Education Code, to provide that an
intensive program under Section 39.023(a), (c), or (l) 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 Subsection (f), to add language to provide that a
student may be exempted from the administration of an assessment instrument
under Section 39.023(a) (Adoption and Administration of Instruments) if the
student has a primary language other than Spanish or is a recent unschooled
immigrant as defined by board rule.  Requires the commissioner of education
(commissioner) to develop an assessment system to be used for evaluating
the academic progress, including reading  proficiency in English, of
students of limited English proficiency. Requires the performance under an
assessment system under this subsection of students to whom Subsection
(a)(3) applies, to 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). 

SECTION 4. Amends Section 39.051(b), Education Code, to include Section
39.023(l) among the results of assessment instruments that must be included
in the academic performance indicator.  

SECTION 5. 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 6.  Requires the board to administer assessment instruments in
accordance with rules adopted under Section 39.023(l), Education Code, for
students in grades three through six not later than the 1999-2000 school
year; and grades seven and eight not later than the 2002-2003 school year.
Requires the performance of students under an assessment instrument
prescribed under Section 39.023(l), Education Code, to be included in the
accountability system as provided by Section 39.051(b), Education Code, for
students in grades three through six not later than the 1999200 school
year, and grades seven and eight not than the 2003-2004 school year.
Provides that Section 39.027(a)(3), Education Code, applies to students in
grades three through six beginning with the 1999-2000 school year, and
grades seven and eight beginning with the 2002-2003 school year.  

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