By: Bivins, et al. S.B. No. 1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the promotion of public school students based on
1-2 satisfactory performance on certain assessment instruments and to
1-3 programs to assist students in achieving satisfactory performance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 12.104, Education Code,
1-6 is amended to read as follows:
1-7 (b) An open-enrollment charter school is subject to:
1-8 (1) a provision of this title establishing a criminal
1-9 offense; and
1-10 (2) a prohibition, restriction, or requirement, as
1-11 applicable, imposed by this title or a rule adopted under this
1-12 title, relating to:
1-13 (A) the Public Education Information Management
1-14 System (PEIMS) to the extent necessary to monitor compliance with
1-15 this subchapter as determined by the commissioner;
1-16 (B) criminal history records under Subchapter C,
1-17 Chapter 22;
1-18 (C) reading instruments and accelerated reading
1-19 instruction programs under Section 28.006;
1-20 (D) satisfactory performance on assessment
1-21 instruments and to accelerated instruction under Section 28.0211;
1-22 (E) high school graduation under Section 28.025;
1-23 (F) [(D)] special education programs under
1-24 Subchapter A, Chapter 29;
2-1 (G) [(E)] bilingual education under Subchapter
2-2 B, Chapter 29;
2-3 (H) [(F)] prekindergarten programs under
2-4 Subchapter E, Chapter 29;
2-5 (I) [(G)] extracurricular activities under
2-6 Section 33.081;
2-7 (J) [(H)] health and safety under Chapter 38;
2-8 and
2-9 (K) [(I)] public school accountability under
2-10 Subchapters B, C, D, and G, Chapter 39.
2-11 SECTION 2. Subsection (d), Section 25.085, Education Code,
2-12 is amended to read as follows:
2-13 (d) Unless specifically exempted by Section 25.086, a
2-14 student enrolled in a school district must attend:
2-15 (1) an extended-year program for which the student is
2-16 eligible that is provided by the district for students identified
2-17 as likely not to be promoted to the next grade level or tutorial
2-18 classes required by the district under Section 29.084;
2-19 (2) an accelerated reading instruction program to
2-20 which the student is assigned under Section 28.006(g); and
2-21 (3) an accelerated instruction program to which the
2-22 student is assigned under Section 28.0211.
2-23 SECTION 3. Section 28.006, Education Code, is amended by
2-24 amending Subsection (d) and adding Subsections (g) through (m) to
2-25 read as follows:
2-26 (d) The superintendent of each school district shall:
3-1 (1) report to the commissioner and the board of
3-2 trustees of the district the results of the reading instruments;
3-3 and
3-4 (2) report, in writing, to a student's parent or
3-5 guardian the student's results on the reading instrument.
3-6 (g) A school district shall notify the parent or guardian of
3-7 each student in kindergarten or first or second grade who is
3-8 determined, on the basis of reading instrument results, to be below
3-9 grade level in reading development or comprehension. The district
3-10 shall implement an accelerated reading instruction program that
3-11 provides research-based reading instruction to those students and
3-12 shall determine the form, content, and timing of that program.
3-13 (h) The school district shall make a good faith effort to
3-14 ensure that the notice required under this section is provided
3-15 either in person or by regular mail and that the notice is clear
3-16 and easy to understand and is written in English and in the parent
3-17 or guardian's native language.
3-18 (i) The commissioner shall certify, no later than July 1 of
3-19 each school year or as soon as practicable thereafter, whether
3-20 sufficient funds have been appropriated statewide for the purposes
3-21 of this section. A determination by the commissioner is final and
3-22 may not be appealed. For purposes of certification, the
3-23 commissioner shall not consider Foundation School Program funds.
3-24 (j) No more than 15 percent of the funds certified by the
3-25 commissioner under Subsection (i) may be spent on indirect costs.
3-26 The commissioner shall evaluate the programs that fail to meet the
4-1 standard of performance under 39.051(b)(7) and may implement
4-2 sanctions under Subchapter G, Chapter 39. The commissioner may
4-3 audit the expenditures of funds appropriated for purposes of this
4-4 section. The use of the funds appropriated for purposes of this
4-5 section shall be verified as part of the district audit under
4-6 Section 44.008.
4-7 (k) The provisions of this section relating to parental
4-8 notification of a student's results on the reading instrument and
4-9 to implementation of an accelerated reading instruction program may
4-10 be implemented only if funds are appropriated during a school year
4-11 for administering the accelerated reading instruction program
4-12 specified under this section.
4-13 (l) Each district shall provide the accelerated reading
4-14 instruction under Subsection (g) to students in:
4-15 (1) kindergarten during the 1999-2000 school year;
4-16 (2) kindergarten and first grade during the 2000-2001
4-17 school year; and
4-18 (3) kindergarten and first and second grades beginning
4-19 with the 2001-2002 school year.
4-20 (m) Subsection (l) and this subsection expire January 1,
4-21 2002.
4-22 SECTION 4. Subchapter B, Chapter 28, Education Code, is
4-23 amended by adding Section 28.0211 to read as follows:
4-24 Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
4-25 INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
4-26 provided by Subsection (e), a student may not be promoted to:
5-1 (1) the fourth grade program to which the student
5-2 would otherwise be assigned if the student does not perform
5-3 satisfactorily on the third grade reading assessment instrument
5-4 under Section 39.023;
5-5 (2) the sixth grade program to which the student would
5-6 otherwise be assigned if the student does not perform
5-7 satisfactorily on the fifth grade mathematics and reading
5-8 assessment instruments under Section 39.023; or
5-9 (3) the ninth grade program to which the student would
5-10 otherwise be assigned if the student does not perform
5-11 satisfactorily on the eighth grade mathematics, reading, and
5-12 writing assessment instruments under Section 39.023.
5-13 (b) A school district shall provide to a student who
5-14 initially fails to perform satisfactorily on an assessment
5-15 instrument specified under Subsection (a) at least two additional
5-16 opportunities to take the assessment instrument.
5-17 (c) Each time a student fails to perform satisfactorily on
5-18 an assessment instrument specified under Subsection (a), the school
5-19 district in which the student attends school shall provide to the
5-20 student accelerated instruction in the applicable subject area,
5-21 including research-based reading instruction for a student who
5-22 fails to perform satisfactorily on a reading assessment instrument.
5-23 After a student fails to perform satisfactorily on an assessment
5-24 instrument a first time, the school district shall screen the
5-25 student for dyslexia and related disorders in accordance with
5-26 Section 38.003 if the student has not been previously diagnosed as
6-1 having dyslexia or a related disorder. If the student is diagnosed
6-2 as having dyslexia or a related disorder, the student's parent or
6-3 guardian shall be notified of the testing accommodations available
6-4 for the assessment instrument. After a student fails to perform
6-5 satisfactorily on an assessment instrument a second time, a grade
6-6 placement committee shall be established to prescribe the
6-7 accelerated instruction the district shall provide to the student
6-8 before the student is administered the assessment instrument the
6-9 third time. The grade placement committee shall be composed of the
6-10 principal or the principal's designee, the student's parent or
6-11 guardian, and the teacher of the subject of an assessment
6-12 instrument on which the student failed to perform satisfactorily.
6-13 The district shall notify the parent or guardian of the time and
6-14 place for convening the grade placement committee and the purpose
6-15 of the committee. An accelerated instructional group may not have
6-16 a ratio of more than 16 students for each teacher.
6-17 (d) In addition to providing accelerated instruction to a
6-18 student under Subsection (c), the district shall notify the
6-19 student's parent or guardian of:
6-20 (1) the student's failure to perform satisfactorily on
6-21 the assessment instrument;
6-22 (2) the accelerated instructional program to which the
6-23 student is assigned; and
6-24 (3) the possibility that the student might be retained
6-25 at the same grade level for the next school year.
6-26 (e) A student who, after at least three attempts, fails to
7-1 perform satisfactorily on an assessment instrument specified under
7-2 Subsection (a) shall be retained at the same grade level for the
7-3 next school year in accordance with Subsection (a). The student's
7-4 parent or guardian may appeal the student's retention by submitting
7-5 a request to the grade placement committee established under
7-6 Subsection (c). The school district shall give the parent or
7-7 guardian written notice of the opportunity to appeal. The grade
7-8 placement committee may decide in favor of a student's promotion
7-9 only if the committee concludes, using standards adopted by the
7-10 board of trustees, that if promoted and given accelerated
7-11 instruction, the student is likely to perform at grade level. A
7-12 student may not be promoted on the basis of the grade placement
7-13 committee's decision unless that decision is unanimous. The
7-14 commissioner by rule shall establish a timeline for making the
7-15 placement determination. This subsection does not create a
7-16 property interest in promotion. The decision of the grade
7-17 placement committee is final and may not be appealed.
7-18 (f) A school district shall provide to a student who, after
7-19 three attempts, has failed to perform satisfactorily on an
7-20 assessment instrument specified under Subsection (a) accelerated
7-21 instruction during the next school year as prescribed by an
7-22 educational plan developed for the student by the student's grade
7-23 placement committee established under Subsection (c). The district
7-24 shall provide that accelerated instruction regardless of whether
7-25 the student has been promoted or retained. The educational plan
7-26 must be designed to enable the student to perform at the
8-1 appropriate grade level by the conclusion of the school year.
8-2 During the school year, the student shall be monitored to ensure
8-3 that the student is progressing in accordance with the plan. The
8-4 district shall administer to the student the assessment instrument
8-5 for the grade level in which the student is placed at the time the
8-6 district regularly administers the assessment instruments for that
8-7 school year.
8-8 (g) This section does not preclude the retention at a grade
8-9 level, in accordance with state law or school district policy, of a
8-10 student who performs satisfactorily on an assessment instrument
8-11 specified under Subsection (a).
8-12 (h) In each instance under this section in which a school
8-13 district is specifically required to provide notice to a parent or
8-14 guardian of a student, the district shall make a good faith effort
8-15 to ensure that such notice is provided either in person or by
8-16 regular mail and that the notice is clear and easy to understand
8-17 and is written in English or the parent or guardian's native
8-18 language.
8-19 (i) A school district or open-enrollment charter school
8-20 shall provide transportation for students required to attend
8-21 accelerated programs under this chapter.
8-22 (j) The commissioner shall adopt rules as necessary to
8-23 implement this section, including rules concerning when school
8-24 districts shall administer assessment instruments required under
8-25 this section and which administration of the assessment instruments
8-26 will be used for purposes of Section 39.051.
9-1 (k) The commissioner shall issue a report to the legislature
9-2 no later than December 1, 2000, that reviews the enrollment of
9-3 students in accelerated instruction and the quality and
9-4 availability of accelerated instruction programs, including
9-5 accelerated instruction-related teacher professional development
9-6 programs.
9-7 (l) This section may be implemented only if sufficient funds
9-8 are appropriated during a school year for administering the
9-9 accelerated instruction programs specified under this section.
9-10 (m) This section applies to the assessment instrument
9-11 administered to students in:
9-12 (1) the third grade beginning with the 2002-2003
9-13 school year;
9-14 (2) the fifth grade beginning with the 2004-2005
9-15 school year; and
9-16 (3) the eighth grade beginning with the 2007-2008
9-17 school year.
9-18 (n) Subsection (m) and this subsection expire January 1,
9-19 2008.
9-20 SECTION 5. Subchapter B, Chapter 39, Education Code, is
9-21 amended by adding Section 39.0231 to read as follows:
9-22 Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS.
9-23 The agency shall ensure that each assessment instrument
9-24 administered in accordance with Section 28.0211 is scored and that
9-25 the results are returned to the appropriate school district not
9-26 later than 10 days after receipt of the test materials by the
10-1 agency or its test contractor.
10-2 SECTION 6. Subsection (b), Section 39.024, Education Code,
10-3 is amended to read as follows:
10-4 (b) Each school district shall offer an intensive program of
10-5 instruction for students who did not perform satisfactorily on an
10-6 assessment instrument administered under this subchapter. The
10-7 intensive programs for students who did not perform satisfactorily
10-8 on an assessment instrument under Section 39.023(a) or (c) shall be
10-9 designed to enable the students to be performing at grade level at
10-10 the conclusion of the next regular school term and, if applicable,
10-11 to carry out the purposes of Section 28.0211. The intensive
10-12 programs for students who did not perform satisfactorily on an
10-13 assessment instrument under Section 39.023(b) shall be designed by
10-14 each student's admission, review, and dismissal committee to enable
10-15 the student to attain a standard of annual growth on the basis of
10-16 the student's individualized education program and, if applicable,
10-17 to carry out the purposes of Section 28.0211.
10-18 SECTION 7. Subsections (b) and (d), Section 39.051,
10-19 Education Code, are amended to read as follows:
10-20 (b) Performance on the indicators adopted under this section
10-21 shall be compared to state-established standards. The degree of
10-22 change from one school year to the next in performance on each
10-23 indicator adopted under this section shall also be considered. The
10-24 indicators must be based on information that is disaggregated with
10-25 respect to race, ethnicity, sex, and socioeconomic status and must
10-26 include:
11-1 (1) the results of assessment instruments required
11-2 under Sections 39.023(a) and (c), aggregated by grade level and
11-3 subject area;
11-4 (2) dropout rates;
11-5 (3) student attendance rates;
11-6 (4) the percentage of graduating students who attain
11-7 scores on the secondary exit-level assessment instruments required
11-8 under Subchapter B that are equivalent to a passing score on the
11-9 test instrument required under Section 51.306;
11-10 (5) the percentage of graduating students who meet the
11-11 course requirements established for the recommended high school
11-12 program by State Board of Education rule;
11-13 (6) the results of the Scholastic Assessment Test
11-14 (SAT) and the American College Test;
11-15 (7) the number of students, aggregated by grade level,
11-16 provided accelerated instruction under Section 28.0211 (c), the
11-17 results of assessments administered under that section, the number
11-18 of students promoted through the grade placement committee process
11-19 under Section 28.0211, the subject of the assessment instrument on
11-20 which each student failed to perform satisfactorily, and the
11-21 performance of those students in the school year following that
11-22 promotion on the assessment instruments required under Section
11-23 39.023;
11-24 (8) the percentage of students taking end-of-course
11-25 assessment instruments adopted under Section 39.023(d);
11-26 (9) [(8)] the percentage of students exempted, by
12-1 exemption category, from the assessment program generally
12-2 applicable under this subchapter; and
12-3 (10) [(9)] any other indicator the State Board of
12-4 Education adopts.
12-5 (d) Annually, the commissioner shall define exemplary,
12-6 recognized, and unacceptable performance for each academic
12-7 excellence indicator included under Subsections (b)(1) through (6)
12-8 and shall project the standards for each of those levels of
12-9 performance for succeeding years. For the indicator under
12-10 Subsection (b)(7), the commissioner shall define exemplary,
12-11 recognized, and unacceptable performance based upon student
12-12 performance for the period covering both the current and prior
12-13 academic years.
12-14 SECTION 8. Subsection (b), Section 39.052, Education Code,
12-15 is amended to read as follows:
12-16 (b) The report card shall include the following information
12-17 where applicable:
12-18 (1) the academic excellence indicators adopted under
12-19 Sections 39.051(b)(1) through (9) [(8)];
12-20 (2) student/teacher ratios; and
12-21 (3) administrative and instructional costs per
12-22 student.
12-23 SECTION 9. Subsections (b) and (c), Section 39.072,
12-24 Education Code, are amended to read as follows:
12-25 (b) The academic excellence indicators adopted under
12-26 Sections 39.051(b)(1) through (7) [(6)] shall be the main
13-1 consideration of the agency in the rating of the district under
13-2 this section. Additional criteria in the rules may include
13-3 consideration of:
13-4 (1) compliance with statutory requirements and
13-5 requirements imposed by rule of the State Board of Education under
13-6 specific statutory authority that relate to:
13-7 (A) reporting data through the Public Education
13-8 Information Management System (PEIMS);
13-9 (B) the high school graduation requirements
13-10 under Section 28.025; or
13-11 (C) an item listed in Sections
13-12 7.056(e)(3)(C)-(I) that applies to the district; and
13-13 (2) the effectiveness of the district's programs in
13-14 special education based on the agency's most recent compliance
13-15 review of the district and programs for special populations.
13-16 (c) The agency shall evaluate against state standards and
13-17 shall report the performance of each campus in a district and each
13-18 open-enrollment charter school on the basis of the campus's
13-19 performance on the indicators adopted under Sections 39.051(b)(1)
13-20 through (7) [(6)].
13-21 SECTION 10. Subsection (a), Section 39.073, Education Code,
13-22 is amended to read as follows:
13-23 (a) The agency shall annually review the performance of each
13-24 district and campus on the indicators adopted under Sections
13-25 39.051(b)(1) through (7) [(6)] and determine if a change in the
13-26 accreditation status of the district is warranted.
14-1 SECTION 11. Subsection (e), Section 39.074, Education Code,
14-2 is amended to read as follows:
14-3 (e) If an annual review indicates low performance on one or
14-4 more of the indicators under Sections 39.051(b)(1) through (7)
14-5 [(6)] of one or more campuses in a district, the agency may conduct
14-6 an on-site evaluation of those campuses only.
14-7 SECTION 12. Subsection (a), Section 38.003, Education Code,
14-8 is amended to read as follows:
14-9 (a) Students enrolling in public schools in this state shall
14-10 be tested for dyslexia and related disorders at appropriate times
14-11 in accordance with a program approved by the State Board of
14-12 Education. The commissioner shall adopt a list of recommended
14-13 instruments that may be used to screen students for dyslexia and
14-14 related disorders.
14-15 SECTION 13. Section 39.183, Education Code, is amended to
14-16 read as follows:
14-17 Sec. 39.183. REGIONAL AND DISTRICT LEVEL REPORT. The agency
14-18 shall prepare and deliver to the governor, the lieutenant governor,
14-19 the speaker of the house of representatives, each member of the
14-20 legislature, the Legislative Budget Board, and the clerks of the
14-21 standing committees of the senate and house of representatives with
14-22 primary jurisdiction over the public school system a regional and
14-23 district level report covering the preceding two school years and
14-24 containing:
14-25 (1) a summary of school district compliance with the
14-26 student/teacher ratios and class-size limitations prescribed by
15-1 Sections 25.111 and 25.112, including the number of districts
15-2 granted an exception from Section 25.112;
15-3 (2) a summary of the exemptions and waivers granted to
15-4 school districts under Section 7.056 or 39.112 and a review of the
15-5 effectiveness of each campus or district following deregulation;
15-6 [and]
15-7 (3) an evaluation of the performance of the system of
15-8 regional education service centers based on the indicators adopted
15-9 under Section 8.101 and client satisfaction with services provided
15-10 under Subchapter B, Chapter 8; and
15-11 (4) an evaluation of accelerated instruction programs
15-12 offered under Section 28.006, including an assessment of the
15-13 quality of such programs and the performance of students enrolled
15-14 in such programs.
15-15 SECTION 14. The commissioner of education shall recommend to
15-16 the 77th Legislature appropriate measures to accommodate students
15-17 with learning disabilities, including dyslexia and related
15-18 disorders, with respect to the requirements of Section 28.0211,
15-19 Education Code, as added by this Act.
15-20 SECTION 15. The implementation of this Act is contingent on
15-21 the legislature appropriating money sufficient to fund professional
15-22 development for teachers required to teach the remedial programs
15-23 specified under this Act.
15-24 SECTION 16. This Act takes effect September 1, 1999.
15-25 SECTION 17. The importance of this legislation and the
15-26 crowded condition of the calendars in both houses create an
16-1 emergency and an imperative public necessity that the
16-2 constitutional rule requiring bills to be read on three several
16-3 days in each house be suspended, and this rule is hereby suspended.