SRC-JJJ S.B. 103 76(R)BILL ANALYSIS


Senate Research CenterS.B. 103
By: Bivins
Education
8/5/1999
Enrolled


DIGEST

Currently, students must pass the 10th grade exit-level Texas Assessment of
Academic Skills (TAAS) covering various subjects in order to graduate from
high school. TAAS measures a student's progress toward certain academic
goals of the state. There have been requests from businesses and
institutions of higher education for the state to administer an exit-level
exam with a broader content, which measures the core academic skills needed
to succeed in higher education and the workplace. S.B. 103 will establish
requirements regarding the state assessments of public school students. 

PURPOSE

As enrolled, S.B. 103 establishes provisions regarding state assessments of
public schools. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Board of Education in SECTION
3 (Section 39.023, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.025(a), Education Code, to authorize a student
to graduate and receive a diploma only if the student complies with Section
39.025(a) or  the student successfully completes an individualized
education program. Deletes text regarding the exit level assessment. Makes
a conforming change. 

SECTION 2. Amends Section 39.022, Education Code, to provide that the State
Board of Education (BOE), by rule, shall create and implement a statewide
assessment program that is knowledge- and skills-based, rather than
primarily performance-based. 

SECTION 3. Amends Sections 39.023, Education Code, by amending Subsections
(a), (b), (c), and (e), and by adding Subsection (l), to set forth required
assessment instruments designed to assess students' essential knowledge and
skills  in certain subjects at various grade levels. Requires the Texas
Education Agency (agency) to adopt secondary exit-level assessments to be
administered to students in grade 11 to assess certain basic subjects. Sets
forth certain minimum requirements for specific subjects. Requires
assessment instruments to assess a student's mastery of minimum skills
necessary for high school graduation and readiness to enroll in an
institution of higher education. Requires the Texas Higher Education
Coordinating Board (THECB) to assist the agency in determining skills
necessary for enrolling in a higher education institution. Exempts students
who perform at or above the level established by THECB on the secondary
exit-level assessment instruments from the requirements of Section 51.306.
Requires the BOE to adopt rules for the administration of the assessment
instruments in Spanish for certain students with limited English
proficiency. Sets forth conditions by which students may be assessed in
Spanish. Deletes text regarding the required grade of certain test levels.
Makes conforming and nonsubstantive changes. 

SECTION 4. Amends Section 39.024(b), Education Code, to require the
intensive programs for students who did not perform satisfactorily to be
designed to enable those students to be performing at grade level at the
conclusion of the next regular school term or to attain a standard annual
growth specified by the agency. 

 SECTION 5. Amends Section 39.025(a), Education Code, to provide that this
subsection does not require a student to demonstrate readiness to enroll in
an institution of higher education. Deletes text regarding specific classes
administering an assessment exam. Makes conforming changes. 

SECTION 6. Amends Section 39.027, Education Code, by amending Subsections
(a) and (e) and by adding Subsection (f), to set forth conditions for which
a student may be exempt from the administration of an assessment exam.
Requires the commissioner of education (commissioner) to develop an
assessment system to be used for evaluating the academic progress of all
students of limited English proficiency. Requires the performance of
students under this assessment system to be included in the academic
excellence indicator system, the performance report, and the comprehensive
biennial report. Makes conforming changes. 
  
SECTION 7. Amends Sections 39.051(b) and (d), Education Code, to set forth
required inclusions for the indicator. Prohibits the commissioner, in
defining exemplary, recognized, and unacceptable performance for the
indicators, from considering as a dropout or as a student who has failed to
attend school a student whose failure to attend school results from certain
conditions. Deletes text regarding the percentage of students taking
end-of-course assessment instruments. Makes a conforming change. 

SECTION 8. Repealers: Section 7.055(b)(33), Education Code (requiring the
commissioner of education to develop an assessment system for certain
students); Section 39.023(d), Education Code (regarding allowable
modifications of assessment exams  for special education students and
exemption of exam for students) and Section 39.023(j), Education Code
(regarding the expiration date of subsection). 

SECTION 9. Requires the commissioner of education to adopt rules for the
implementation of Section 39.023, Education Code. Sets forth provisions
that the commissioner's rules must provide.  

SECTION 10. (a)  Requires the BOE to administer assessment instruments, in
accordance with the rules, not later than the 1999-2000 school year. 

(b)  Requires the performance of students under an assessment instrument to
be included in the accountability system, not later than the 1999-2000
school year. 

(c)  Provides that Section 39.027(a)(3), Education Code, applies beginning
with the 19992000 school year. 

SECTION 11. (a)  Requires the commissioner of education to conduct a study
to determine the effectiveness of changes as added by this Act. Sets forth
requirements to which this study shall include, but not be limited.  

(b)  Requires the commissioner of education to report the results of the
study in Subsection (a) to certain individuals, not later than December 1,
2006.  

(c)  Requires the commissioner of education to conduct a study to determine
the need to expand the assessment system to include the assessment in
grades seven and eight of students whose primarily language is Spanish and
other students who are of limited English proficiency.  

(d)  Requires the commissioner of education to report the results of the
study in Subsection (c) to certain individuals, not later than December 1,
2006. 

SECTION 12. Effective date: September 1, 1999.

SECTION 13. Emergency clause.