By Bivins S.B. No. 1
76R3864 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the promotion of public school students based on
1-3 satisfactory performance on certain assessment instruments and to
1-4 programs to assist students in achieving satisfactory performance.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 12.104(b), Education Code, is amended to
1-7 read as follows:
1-8 (b) An open-enrollment charter school is subject to:
1-9 (1) a provision of this title establishing a criminal
1-10 offense; and
1-11 (2) a prohibition, restriction, or requirement, as
1-12 applicable, imposed by this title or a rule adopted under this
1-13 title, relating to:
1-14 (A) the Public Education Information Management
1-15 System (PEIMS) to the extent necessary to monitor compliance with
1-16 this subchapter as determined by the commissioner;
1-17 (B) criminal history records under Subchapter C,
1-18 Chapter 22;
1-19 (C) reading instruments and accelerated reading
1-20 instruction programs under Section 28.006;
1-21 (D) satisfactory performance on assessment
1-22 instruments and to accelerated instruction under Section 28.0211;
1-23 (E) high school graduation under Section 28.025;
1-24 (F) [(D)] special education programs under
2-1 Subchapter A, Chapter 29;
2-2 (G) [(E)] bilingual education under Subchapter
2-3 B, Chapter 29;
2-4 (H) [(F)] prekindergarten programs under
2-5 Subchapter E, Chapter 29;
2-6 (I) [(G)] extracurricular activities under
2-7 Section 33.081;
2-8 (J) [(H)] health and safety under Chapter 38;
2-9 and
2-10 (K) [(I)] public school accountability under
2-11 Subchapters B, C, D, and G, Chapter 39.
2-12 SECTION 2. Section 25.085(d), Education Code, is amended to
2-13 read as follows:
2-14 (d) Unless specifically exempted by Section 25.086, a
2-15 student enrolled in a school district must attend:
2-16 (1) an extended-year program for which the student is
2-17 eligible that is provided by the district for students identified
2-18 as likely not to be promoted to the next grade level or tutorial
2-19 classes required by the district under Section 29.084;
2-20 (2) an accelerated reading instruction program to
2-21 which the student is assigned under Section 28.006(g); and
2-22 (3) an accelerated instruction program to which the
2-23 student is assigned under Section 28.0211.
2-24 SECTION 3. Section 28.006, Education Code, is amended by
2-25 amending Subsection (d) and adding Subsections (g)-(i) to read as
2-26 follows:
2-27 (d) The superintendent of each school district shall:
3-1 (1) report to the board of trustees of the district
3-2 the results of the reading instruments; and
3-3 (2) report, in writing, to a student's parent or
3-4 guardian, the student's results on the reading instrument.
3-5 (g) A school district shall notify the parent or guardian of
3-6 each student in kindergarten or first or second grade who is
3-7 determined, on the basis of reading instrument results, to be below
3-8 grade level in reading development or comprehension. The district
3-9 shall implement an accelerated reading instruction program that
3-10 provides research-based reading instruction to those students and
3-11 shall determine the form, content, and timing of that program.
3-12 (h) Each district shall provide the accelerated reading
3-13 instruction under Subsection (g) to students in:
3-14 (1) kindergarten during the 1999-2000 school year;
3-15 (2) kindergarten and first grade during the 2000-2001
3-16 school year; and
3-17 (3) kindergarten and first and second grades beginning
3-18 with the 2001-2002 school year.
3-19 (i) Subsection (h) and this subsection expire January 1,
3-20 2002.
3-21 SECTION 4. Subchapter B, Chapter 28, Education Code, is
3-22 amended by adding Section 28.0211 to read as follows:
3-23 Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
3-24 INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
3-25 provided by Subsection (e), a student may not be promoted to:
3-26 (1) the fourth grade program to which the student
3-27 would otherwise be assigned if the student does not perform
4-1 satisfactorily on the third grade reading assessment instrument
4-2 under Section 39.023;
4-3 (2) the sixth grade program to which the student would
4-4 otherwise be assigned if the student does not perform
4-5 satisfactorily on the fifth grade mathematics and reading
4-6 assessment instruments under Section 39.023; or
4-7 (3) the ninth grade program to which the student would
4-8 otherwise be assigned if the student does not perform
4-9 satisfactorily on the eighth grade assessment mathematics, reading,
4-10 and writing instruments under Section 39.023.
4-11 (b) A school district shall provide to a student who
4-12 initially fails to perform satisfactorily on an assessment
4-13 instrument specified under Subsection (a) at least two additional
4-14 opportunities to take the assessment instrument.
4-15 (c) Each time a student fails to perform satisfactorily on
4-16 an assessment instrument specified under Subsection (a), the school
4-17 district in which the student attends school shall provide to the
4-18 student accelerated instruction in the applicable subject area,
4-19 including research-based reading instruction for a student who
4-20 fails to perform satisfactorily on a reading assessment instrument.
4-21 After a student fails to perform satisfactorily on an assessment
4-22 instrument a second time, a grade placement committee shall be
4-23 established to prescribe the accelerated instruction the district
4-24 shall provide to the student before the student is administered the
4-25 assessment instrument the third time. The grade placement
4-26 committee shall be composed of the principal, the student's parent
4-27 or guardian, and the teacher of the subject of an assessment
5-1 instrument on which the student failed to perform satisfactorily.
5-2 An accelerated instructional group may not have a ratio of more
5-3 than 20 students for each teacher.
5-4 (d) In addition to providing accelerated instruction to a
5-5 student under Subsection (c), the district shall notify the
5-6 student's parent or guardian of:
5-7 (1) the student's failure to perform satisfactorily on
5-8 the assessment instrument;
5-9 (2) the accelerated instructional program to which the
5-10 student is assigned; and
5-11 (3) the possibility that the student might be retained
5-12 at the same grade level for the next school year.
5-13 (e) A student who, after at least three attempts, fails to
5-14 perform satisfactorily on an assessment instrument specified under
5-15 Subsection (a) shall be retained at the same grade level for the
5-16 next school year in accordance with Subsection (a). The student's
5-17 parent or guardian may appeal the student's retention by submitting
5-18 a written request to the grade placement committee established
5-19 under Subsection (c). The school district shall give the parent or
5-20 guardian written notice of the opportunity to appeal. The grade
5-21 placement committee may decide in favor of a student's promotion
5-22 only if the committee concludes, using standards adopted by the
5-23 board of trustees, that if promoted and given accelerated
5-24 instruction, the student is likely to perform at grade level. A
5-25 student may not be promoted on the basis of the grade placement
5-26 committee's decision unless that decision is unanimous. The
5-27 commissioner by rule shall establish a timeline for making the
6-1 placement determination. This subsection does not create a
6-2 property interest in promotion. The decision of the grade
6-3 placement committee is final and may not be appealed.
6-4 (f) A school district shall provide to a student who, after
6-5 three attempts, has failed to perform satisfactorily on an
6-6 assessment instrument specified under Subsection (a) accelerated
6-7 instruction during the next school year as prescribed by an
6-8 educational plan developed for the student by the student's grade
6-9 placement committee established under Subsection (c). The district
6-10 shall provide that accelerated instruction regardless of whether
6-11 the student has been promoted or retained. The educational plan
6-12 must be designed to enable the student to perform at the
6-13 appropriate grade level by the conclusion of the school year.
6-14 During the school year, the student shall be monitored to ensure
6-15 that the student is progressing in accordance with the plan. The
6-16 district shall administer to the student the assessment instrument
6-17 for the grade level in which the student is placed at the time the
6-18 district regularly administers the assessment instruments for that
6-19 school year.
6-20 (g) This section does not preclude the retention at a grade
6-21 level, in accordance with state law or school district policy, of a
6-22 student who performs satisfactorily on an assessment instrument
6-23 specified under Subsection (a).
6-24 (h) The commissioner shall adopt rules as necessary to
6-25 implement this section, including rules concerning when school
6-26 districts shall administer assessment instruments required under
6-27 this section and which administration of the assessment instruments
7-1 will be used for purposes of Section 39.051.
7-2 (i) This section applies to the assessment instrument
7-3 administered to students in:
7-4 (1) the third grade beginning with the 2002-2003
7-5 school year;
7-6 (2) the fifth grade beginning with the 2004-2005
7-7 school year; and
7-8 (3) the eighth grade beginning with the 2007-2008
7-9 school year.
7-10 (j) Subsection (i) and this subsection expire January 1,
7-11 2008.
7-12 SECTION 5. Section 39.024(b), Education Code, is amended to
7-13 read as follows:
7-14 (b) Each school district shall offer an intensive program of
7-15 instruction for students who did not perform satisfactorily on an
7-16 assessment instrument administered under this subchapter. The
7-17 intensive programs for students who did not perform satisfactorily
7-18 on an assessment instrument under Section 39.023(a) or (c) shall be
7-19 designed to enable the students to be performing at grade level at
7-20 the conclusion of the next regular school term and, if applicable,
7-21 to carry out the purposes of Section 28.0211. The intensive
7-22 programs for students who did not perform satisfactorily on an
7-23 assessment instrument under Section 39.023(b) shall be designed by
7-24 each student's admission, review, and dismissal committee to enable
7-25 the student to attain a standard of annual growth on the basis of
7-26 the student's individualized education program and, if applicable,
7-27 to carry out the purposes of Section 28.0211.
8-1 SECTION 6. Section 39.051(b), Education Code, is amended to
8-2 read as follows:
8-3 (b) Performance on the indicators adopted under this section
8-4 shall be compared to state-established standards. The degree of
8-5 change from one school year to the next in performance on each
8-6 indicator adopted under this section shall also be considered. The
8-7 indicators must be based on information that is disaggregated with
8-8 respect to race, ethnicity, sex, and socioeconomic status and must
8-9 include:
8-10 (1) the results of assessment instruments required
8-11 under Sections 39.023(a) and (c), aggregated by grade level and
8-12 subject area;
8-13 (2) dropout rates;
8-14 (3) student attendance rates;
8-15 (4) the percentage of graduating students who attain
8-16 scores on the secondary exit-level assessment instruments required
8-17 under Subchapter B that are equivalent to a passing score on the
8-18 test instrument required under Section 51.306;
8-19 (5) the percentage of graduating students who meet the
8-20 course requirements established for the recommended high school
8-21 program by State Board of Education rule;
8-22 (6) the results of the Scholastic Assessment Test
8-23 (SAT) and the American College Test;
8-24 (7) the number of students, aggregated by grade level,
8-25 promoted through the grade placement committee process under
8-26 Section 28.0211, the subject of the assessment instrument on which
8-27 each student failed to perform satisfactorily, and the performance
9-1 of those students in the school year following that promotion on
9-2 the assessment instruments required under Section 39.023;
9-3 (8) the percentage of students taking end-of-course
9-4 assessment instruments adopted under Section 39.023(d);
9-5 (9) [(8)] the percentage of students exempted, by
9-6 exemption category, from the assessment program generally
9-7 applicable under this subchapter; and
9-8 (10) [(9)] any other indicator the State Board of
9-9 Education adopts.
9-10 SECTION 7. Section 39.052(b), Education Code, is amended to
9-11 read as follows:
9-12 (b) The report card shall include the following information
9-13 where applicable:
9-14 (1) the academic excellence indicators adopted under
9-15 Sections 39.051(b)(1) through (9) [(8)];
9-16 (2) student/teacher ratios; and
9-17 (3) administrative and instructional costs per
9-18 student.
9-19 SECTION 8. Sections 39.072(b) and (c), Education Code, are
9-20 amended to read as follows:
9-21 (b) The academic excellence indicators adopted under
9-22 Sections 39.051(b)(1) through (7) [(6)] shall be the main
9-23 consideration of the agency in the rating of the district under
9-24 this section. Additional criteria in the rules may include
9-25 consideration of:
9-26 (1) compliance with statutory requirements and
9-27 requirements imposed by rule of the State Board of Education under
10-1 specific statutory authority that relate to:
10-2 (A) reporting data through the Public Education
10-3 Information Management System (PEIMS);
10-4 (B) the high school graduation requirements
10-5 under Section 28.025; or
10-6 (C) an item listed in Sections
10-7 7.056(e)(3)(C)-(I) that applies to the district; and
10-8 (2) the effectiveness of the district's programs in
10-9 special education based on the agency's most recent compliance
10-10 review of the district and programs for special populations.
10-11 (c) The agency shall evaluate against state standards and
10-12 shall report the performance of each campus in a district and each
10-13 open-enrollment charter school on the basis of the campus's
10-14 performance on the indicators adopted under Sections 39.051(b)(1)
10-15 through (7) [(6)].
10-16 SECTION 9. Section 39.073(a), Education Code, is amended to
10-17 read as follows:
10-18 (a) The agency shall annually review the performance of each
10-19 district and campus on the indicators adopted under Sections
10-20 39.051(b)(1) through (7) [(6)] and determine if a change in the
10-21 accreditation status of the district is warranted.
10-22 SECTION 10. Section 39.074(e), Education Code, is amended to
10-23 read as follows:
10-24 (e) If an annual review indicates low performance on one or
10-25 more of the indicators under Sections 39.051(b)(1) through (7)
10-26 [(6)] of one or more campuses in a district, the agency may conduct
10-27 an on-site evaluation of those campuses only.
11-1 SECTION 11. This Act takes effect September 1, 1999.
11-2 SECTION 12. The importance of this legislation and the
11-3 crowded condition of the calendars in both houses create an
11-4 emergency and an imperative public necessity that the
11-5 constitutional rule requiring bills to be read on three several
11-6 days in each house be suspended, and this rule is hereby suspended.