76(R) SB 103 House committee report

HBA-GUM C.S.S.B. 103 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 103
By: Bivins
Public Education
5/13/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, students must pass the 10th grade exit-level Texas Assessment of
Academic Skills (TAAS) test covering various subjects in order to graduate
from high school.  Some businesses and institutions of higher education
have requested the state to administer an exit-level exam with a broader
content.  C.S.S.B. 103 establishes provisions regarding state assessment
exams, including requiring assessment exams to be taken more frequently and
in the 11th grade, and to include social studies and science. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 18 of this bill, and is transferred from the State Board of
Education to the Texas Education Agency in SECTIONS 3, 8, and 11 (Sections
39.022, 39.027, and 39.032 , Education Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28.025(a), Education Code, to provide that a
student may graduate and receive a diploma only if the student successfully
completes the curriculum requirements identified by the board and complies
with Section 39.025(a) (regarding performing satisfactorily on an
exit-level assessment instrument in order to obtain a high school diploma),
rather than the exit level assessment instrument administered under Section
39.023(c) (relating to a secondary exit-level assessment instrument
concerning competency in mathematics and English language arts), or the
student successfully completes an individualized education program
developed under Section 29.005 (Individualized Education Program).  Makes
conforming changes. 

SECTION 2.  Amends Subchapter D, Chapter 29, Education Code, by adding
Section 29.124, as follows: 

Sec. 29.124.  ASSESSMENT STANDARDS FOR STUDENT PROJECTS.  (a)  Requires the
Texas Education Agency (TEA) to develop standards for assessing the written
or other projects that are produced by students in a program for gifted and
talented students.  Requires that the assessment standards be used to
assess students in grades four and eight and exitlevel students. 

(b)  Requires the superintendent of a school district or the
superintendent's designee to present annual reports to the board of
trustees of the district on the level of achievement of students in the
grade levels specified by Subsection (a) participating in a program for
gifted and talented students. 

(c)  Provides that Subsection (b) applies beginning with the 2003-2004
school year, and that this subsection expires September 1, 2004. 

SECTION 3.  Amends Section 39.022, Education Code, to require TEA, rather
than the State Board of Education, by rule to create and implement a
statewide assessment program under this section (Assessment Program).
Makes a conforming change. 

 SECTION 4.  Amends Sections 39.023(a), (c), (e), and (g), Education Code,
as follows: 

(a)  Requires all students, except students assessed under Subsection (b)
or exempted under Section 39.027 (Exemption), to be assessed in: 

(1)  mathematics, annually in grades three through 10, rather than in
grades three through       eight; 
(2)  reading, annually in grades three through nine, rather than in grades
three through          eight; 
(3)  writing, in grades four and seven, rather than in grades four and
eight; 
(4)  English language arts, in grade 10;
(5)  social studies, in grades eight and 10, rather than at an appropriate
grade level                determined by the State Board of Education; and 
(6)  science, in grade 10, rather than at a grade level determined by the
State Board of          Education. 

(c)  Adds language to require TEA to administer to students in grade 11 the
secondary exitlevel assessment instruments under this section (Adoption and
Administration of Instruments).  Includes science and social studies among
the subjects tested by the assessment instruments.  Provides that the
mathematics section must include at least Algebra I and geometry; the
English section must include at least English III; and the science section
must include at least biology, chemistry, and physics.  Provides that the
assessment instruments must be designed to assess a student's mastery of
minimum skills necessary for high school graduation.  Requires TEA, rather
than the State Board of Education to administer the assessment instruments.
Provides that a student who performs at or above a level established by the
coordinating board on the secondary exit-level assessment instruments is
exempt from the requirements of Section 51.306 (Testing and Remedial
Coursework).  Makes a conforming change. 

(e)  Makes a conforming change.

(g)  Authorizes TEA, rather than the State Board of Education, to adopt a
specified assessment instrument in reading and mathematics to be
administered to a selected sample of students in the spring. 

SECTION 5.  Amends Section 39.024(a), Education Code, to make a conforming
change. 

SECTION 6.  Amends Section 39.025(a), Education Code, to make conforming
changes. 

SECTION 7.  Amends Section 39.026, Education Code, to make a conforming
change. 

SECTION 8.  Amends Section 39.027(b), Education Code, to make a conforming
change. 

SECTION 9.  Amends Section 39.029, Education Code, to make a conforming
change. 

SECTION 10.  Amends Section 39.030(a), Education Code, to make a conforming
change. 

SECTION 11.  Amends Sections 39.032(c)-(e), Education Code, to make
conforming changes. 

SECTION 12.  Amends Section 39.033(c), Education Code, to require TEA,
rather than the State Board of Education, to determine the cost of
administering an assessment instrument to a private school. 

SECTION 13.  Amends Sections 39.051(b) and (d), Education Code, as follows:

(b)  Provides that the indicators must include the numerical progress of
students on subsequent assessment instruments required under Section
39.023(a) or (c), aggregated by grade level and subject area for students
who have failed to perform satisfactorily on an assessment instrument
required under those sections.  Makes conforming changes. 
 (d)  Includes Subdivision (b)(7) (relating to the numerical progress of
students on subsequent assessment instruments) among the academic
excellence indicators for which the commissioner of education is required
to define exemplary, recognized, and unacceptable performance. 

SECTION 14.  Amends Sections 39.072(b) and (c), Education Code, to include
Section 39.051(b)(7) among the academic excellence indicators adopted which
are required to be the main consideration of TEA in the rating of the
district under this section (Accreditation Standards).  Makes a conforming
change. 

SECTION 15.  Amends Sections 39.073(a) and (b), Education Code, to include
Section 39.051(b)(7) among the indicators on which TEA is required to
review the performance of each district and campus annually.  Makes a
conforming change. 

SECTION 16.  Amends Section 39.074(e), Education Code, to make a conforming
change. 

SECTION 17.  Repealer:  Section 39.023(d) (requiring TEA to adopt end-of
course assessment instruments for certain specified students) and Section
39.023(j) (requiring the State Board of Education to administer the
assessment instruments under Subsection (d)), Education Code. 

SECTION 18.  Requires the commissioner of education to adopt rules for the
implementation of Section 39.023, Education, as amended by this Act.  Sets
forth the requirements for the rules. 

SECTION 19.  (a)  Requires the commissioner of education to conduct a study
to determine the effectiveness of changes to Subchapter B (Assessment Of
Academic Skills), Chapter 39, Education Code, as amended by this Act.  Sets
forth the areas required to be included under the study, and provides that
the study is not limited to those areas.   

(b)  Requires the commissioner of education to report the results of the
study to the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of the standing committee in
each house of the legislature with primary jurisdiction over public
education, no later than December 1, 2006. 

SECTION 20.  Effective date: September 1, 1999.

SECTION 21.  Emergency clause.
     
COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes SECTION 1.01, which provided that Article 1 takes
effect September 1, 1999, except as otherwise provided by that article. 

The substitute redesignates SECTION 1.02 of the original to SECTION 1.

The substitute adds SECTION 2 to amend Subchapter D (Educational Programs
for Gifted and Talented Students), Chapter 29, Education Code, by adding
Section 29.124 (Assessment Standards for Student Projects).  For a more
complete analysis please see the Section-by-Section Analysis portion of
this document. 

The substitute adds SECTION 3 to amend Section 39.022 (Assessment Program),
Education Code, to require TEA, rather than the State Board of Education,
by rule, to create and implement a statewide assessment program under this
section (Assessment Program). 

The substitute combines SECTIONS 1.03 (Sections 39.023(a), and (c),
Education Code) and 1.05 (Section 39.023(e), Education Code) of the
original in SECTION 4, and makes the following changes: 

The substitute further amends Section 39.023(a) by requiring all students,
except those students exempted under Subsection (b) (relating to disabled
students) and Section 39.027 (Exemption), to  be assessed in writing in
grades four and seven, rather than four and eight; in social studies in
grades eight and 10, rather than seven and 10; and in science in grade 10,
rather than in grades five and 10.  

In Section 39.023(c) the substitute adds language to provide that the
mathematics section of a secondary exit-level assessment instrument must
include at least Algebra I and geometry; that the English language arts
section must include at least English III; that the social studies section
must include United States history; and that the science section must
include at least biology, chemistry, and physics.  The substitute deletes
proposed language in Subsection (c) that provides that an assessment
instrument must be designed to assess a student's readiness to enroll in an
institution of higher education; and requiring the Texas Higher
Coordinating Board to assist TEA in determining the skills necessary for
such enrollment.  The substitute also modifies Section 39.023(c) to require
TEA, rather than the State Board of Education, to administer the assessment
instruments, and to make a conforming change.   

The substitute modifies Section 39.023(e) of the original to make a
conforming change.  The substitute also deletes proposed text providing
that amended Subsection (e) of the original takes effect only if S.B. 1,
Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes
law.  The substitute deletes SECTION 1.04 of the original which also
amended Subsection (e) to provide that TEA is not required to release the
questions and answer keys to an assessment instrument administered in
compliance with Section 28.0211(b) (as added by S.B. 1, Acts of the 76th
Legislature, Regular Session, 1999) before the fifth anniversary of the
last date on which the assessment instrument is administered, and to make
conforming changes.  SECTION 1.04 of the original provided that Subsection
(e) as amended under that SECTION takes effect only if S.B. 1, Acts of the
76th Legislature, Regular Session, 1999, is enacted and becomes law.   

In SECTION 4 the substitute amends Section 39.023(g), which was not
addressed in the original, to authorize TEA, rather than the State Board of
Education, to adopt a specified assessment instrument in reading and
mathematics to be administered to a selected sample of students in the
spring. 

The substitute adds SECTION 5 to amend Section 39.024(a), Education Code,
to make a conforming change. 

The substitute redesignates SECTION 1.06 of the original to SECTION 6
(Section 39.025(a) (prohibiting student from receiving a high school
diploma until satisfactorily completing an exitlevel assessment
instrument), Education Code). 

The substitute makes conforming changes in the following added SECTIONS:
SECTION 7 to amend Section 39.026 (Local Option), Education Code; SECTION 8
to amend Section 39.027(b) (relating to the assessment of certain dyslexic
students), Education Code; SECTION 9 to amend Section 39.029 (Migratory
Children), Education Code; SECTION 10 to amend Section 39.030(a) (relating
to the security of the instruments and tests in their preparation,
administration, and grading), Education Code; SECTION 11 to amend Sections
39.032(c)-(e) (relating to the standardization norms of assessment
instruments, and the security of the contents of all assessment
instruments), Education Code; and SECTION 12 to amend Section 39.033(c)
(relating to reimbursement to TEA from a private school for the cost of
administering an assessment instrument), Education Code. 

The substitute redesignates SECTION 1.07 (Section 39.051(b), Education
Code) of the original to SECTION 13.  The substitute adds new text for
Subdivision (b)(7) of Section 39.051, to include that the indicators must
include the numerical progress of students on subsequent assessment
instruments required under those sections, aggregated by grade level and
subject area for students who have failed to perform satisfactorily on an
assessment instrument required under Section 39.023(a) or (c), rather than
deleting that subdivision.  The substitute redesignates Subdivisions (7)
and (8) of the original accordingly.  The substitute amends Section
39.051(d), which was not addressed in the original, to include Section
39.051(b)(7) among the academic excellence indicators for which the
commissioner of education is required to define exemplary, recognized, and
unacceptable performance. 

 The substitute deletes SECTION 1.08 of the original which amended Section
39.052(b) (relating to the information a report card must include),
Education Code, to include Section 39.051(b)(7) among the academic
excellence indicators in the information a report card must include. 

The substitute adds SECTION 14 to amend Sections 39.072(b) and (c),
Education Code, to include Section 39.051(b)(7) among the academic
excellence indicators adopted which are required to be the main
consideration of TEA in the rating of the district under this section
(Accreditation Standards), and to make a conforming change. 

The substitute adds SECTION 15 to amend Sections 39.073(a) and (b),
Education Code, to include Section 39.051(b)(7) among the indicators on
which TEA is required to review the performance of each district and campus
annually, and make a conforming change. 

The substitute adds SECTION 16 to amend Section 39.074(e) (relating to an
on-site evaluation of a campus), to make a conforming change.  

The substitute redesignates SECTIONS 1.09, 1.10, and 1.11 of the original
to SECTIONS 17, 18, and 19, respectively.  The substitute makes conforming
changes in SECTIONS 18 and 19. 

The substitute adds SECTION 20 to provide that the effective date of this
Act is September 1, 1999. Also, the substitute redesignates SECTION 3.01
(emergency clause) of the original to SECTION 21. 

The substitute deletes ARTICLE 2 of the original.  SECTION 2.01 provided
that ARTICLE 2 takes effect September 1, 2007.  SECTIONS 2.02 (Section
28.025, Education Code), 2.03 (39.023(a) and (c), Education Code), 2.04
(Section 39.023(d), Education Code), 2.07 (Section 39.025(a), Education
Code), 2.08 (Section 39.051(b), Education Code), and 2.09 (Section
39.052(b), Education Code) made no change to the Education Code.  SECTION
2.05 provided that if S.B. 1, Acts of the 76th Legislature, Regular
Session, 1999, is enacted and becomes law, Section 39.023(e), Education
Code, is amended to provide that the required release of the questions and
answer keys to each assessment instrument applies to an assessment
instrument initially administered under certain specified provisions, and
that TEA is not required to release the questions and answer keys to an
assessment instrument administered in compliance with Section 28.0211(b)
before that fifth anniversary of the last date on which the assessment
instrument is administered.  SECTION 2.06 provided that if S.B. 1, Acts of
the 76th Legislature, Regular Session, 1999, is not enacted or does not
become law, no change is made to Section 39.023(e), Education Code.
SECTION 2.10 required the commissioner of education to adopt rules for the
implementation of Section 39.023, Education Code, as amended by ARTICLE 2,
and set forth the requirements of the rules.