1-1 By: Bivins, et al. S.B. No. 1
1-2 (In the Senate - Filed January 25, 1999; January 26, 1999,
1-3 read first time and referred to Committee on Education;
1-4 February 16, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 16, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the promotion of public school students based on
1-11 satisfactory performance on certain assessment instruments and to
1-12 programs to assist students in achieving satisfactory performance.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (b), Section 12.104, Education Code,
1-15 is amended to read as follows:
1-16 (b) An open-enrollment charter school is subject to:
1-17 (1) a provision of this title establishing a criminal
1-18 offense; and
1-19 (2) a prohibition, restriction, or requirement, as
1-20 applicable, imposed by this title or a rule adopted under this
1-21 title, relating to:
1-22 (A) the Public Education Information Management
1-23 System (PEIMS) to the extent necessary to monitor compliance with
1-24 this subchapter as determined by the commissioner;
1-25 (B) criminal history records under Subchapter C,
1-26 Chapter 22;
1-27 (C) reading instruments and accelerated reading
1-28 instruction programs under Section 28.006;
1-29 (D) satisfactory performance on assessment
1-30 instruments and to accelerated instruction under Section 28.0211;
1-31 (E) high school graduation under Section 28.025;
1-32 (F) [(D)] special education programs under
1-33 Subchapter A, Chapter 29;
1-34 (G) [(E)] bilingual education under Subchapter
1-35 B, Chapter 29;
1-36 (H) [(F)] prekindergarten programs under
1-37 Subchapter E, Chapter 29;
1-38 (I) [(G)] extracurricular activities under
1-39 Section 33.081;
1-40 (J) [(H)] health and safety under Chapter 38;
1-41 and
1-42 (K) [(I)] public school accountability under
1-43 Subchapters B, C, D, and G, Chapter 39.
1-44 SECTION 2. Subsection (d), Section 25.085, Education Code,
1-45 is amended to read as follows:
1-46 (d) Unless specifically exempted by Section 25.086, a
1-47 student enrolled in a school district must attend:
1-48 (1) an extended-year program for which the student is
1-49 eligible that is provided by the district for students identified
1-50 as likely not to be promoted to the next grade level or tutorial
1-51 classes required by the district under Section 29.084;
1-52 (2) an accelerated reading instruction program to
1-53 which the student is assigned under Section 28.006(g); and
1-54 (3) an accelerated instruction program to which the
1-55 student is assigned under Section 28.0211.
1-56 SECTION 3. Section 28.006, Education Code, is amended by
1-57 amending Subsection (d) and adding Subsections (g) through (k) to
1-58 read as follows:
1-59 (d) The superintendent of each school district shall:
1-60 (1) report to the board of trustees of the district
1-61 the results of the reading instruments; and
1-62 (2) report, in writing, to a student's parent or
1-63 guardian the student's results on the reading instrument.
1-64 (g) A school district shall notify the parent or guardian of
2-1 each student in kindergarten or first or second grade who is
2-2 determined, on the basis of reading instrument results, to be below
2-3 grade level in reading development or comprehension. The district
2-4 shall implement an accelerated reading instruction program that
2-5 provides research-based reading instruction to those students and
2-6 shall determine the form, content, and timing of that program.
2-7 (h) The school district shall make a good faith effort to
2-8 ensure that the notice required under this section is provided
2-9 either in person or by regular mail and that the notice is clear
2-10 and easy to understand and is written in English and in the parent
2-11 or guardian's native language.
2-12 (i) The provisions of this section relating to parental
2-13 notification of a student's results on the reading instrument and
2-14 to implementation of an accelerated reading instruction program may
2-15 be implemented only if funds are appropriated during a school year
2-16 for administering the accelerated reading instruction program
2-17 specified under this section.
2-18 (j) Each district shall provide the accelerated reading
2-19 instruction under Subsection (g) to students in:
2-20 (1) kindergarten during the 1999-2000 school year;
2-21 (2) kindergarten and first grade during the 2000-2001
2-22 school year; and
2-23 (3) kindergarten and first and second grades beginning
2-24 with the 2001-2002 school year.
2-25 (k) Subsection (j) and this subsection expire January 1,
2-26 2002.
2-27 SECTION 4. Subchapter B, Chapter 28, Education Code, is
2-28 amended by adding Section 28.0211 to read as follows:
2-29 Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
2-30 INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
2-31 provided by Subsection (e), a student may not be promoted to:
2-32 (1) the fourth grade program to which the student
2-33 would otherwise be assigned if the student does not perform
2-34 satisfactorily on the third grade reading assessment instrument
2-35 under Section 39.023;
2-36 (2) the sixth grade program to which the student would
2-37 otherwise be assigned if the student does not perform
2-38 satisfactorily on the fifth grade mathematics and reading
2-39 assessment instruments under Section 39.023; or
2-40 (3) the ninth grade program to which the student would
2-41 otherwise be assigned if the student does not perform
2-42 satisfactorily on the eighth grade mathematics, reading, and
2-43 writing assessment instruments under Section 39.023.
2-44 (b) A school district shall provide to a student who
2-45 initially fails to perform satisfactorily on an assessment
2-46 instrument specified under Subsection (a) at least two additional
2-47 opportunities to take the assessment instrument.
2-48 (c) Each time a student fails to perform satisfactorily on
2-49 an assessment instrument specified under Subsection (a), the school
2-50 district in which the student attends school shall provide to the
2-51 student accelerated instruction in the applicable subject area,
2-52 including research-based reading instruction for a student who
2-53 fails to perform satisfactorily on a reading assessment instrument.
2-54 After a student fails to perform satisfactorily on an assessment
2-55 instrument a second time, a grade placement committee shall be
2-56 established to prescribe the accelerated instruction the district
2-57 shall provide to the student before the student is administered the
2-58 assessment instrument the third time. The grade placement
2-59 committee shall be composed of the principal or the principal's
2-60 designee, the student's parent or guardian, and the teacher of the
2-61 subject of an assessment instrument on which the student failed to
2-62 perform satisfactorily. The district shall notify the parent or
2-63 guardian of the time and place for convening the grade placement
2-64 committee and the purpose of the committee. An accelerated
2-65 instructional group may not have a ratio of more than 16 students
2-66 for each teacher.
2-67 (d) In addition to providing accelerated instruction to a
2-68 student under Subsection (c), the district shall notify the
2-69 student's parent or guardian of:
3-1 (1) the student's failure to perform satisfactorily on
3-2 the assessment instrument;
3-3 (2) the accelerated instructional program to which the
3-4 student is assigned; and
3-5 (3) the possibility that the student might be retained
3-6 at the same grade level for the next school year.
3-7 (e) A student who, after at least three attempts, fails to
3-8 perform satisfactorily on an assessment instrument specified under
3-9 Subsection (a) shall be retained at the same grade level for the
3-10 next school year in accordance with Subsection (a). The student's
3-11 parent or guardian may appeal the student's retention by submitting
3-12 a written request to the grade placement committee established
3-13 under Subsection (c). The school district shall give the parent or
3-14 guardian written notice of the opportunity to appeal. The grade
3-15 placement committee may decide in favor of a student's promotion
3-16 only if the committee concludes, using standards adopted by the
3-17 board of trustees, that if promoted and given accelerated
3-18 instruction, the student is likely to perform at grade level. A
3-19 student may not be promoted on the basis of the grade placement
3-20 committee's decision unless that decision is unanimous. The
3-21 commissioner by rule shall establish a timeline for making the
3-22 placement determination. This subsection does not create a
3-23 property interest in promotion. The decision of the grade
3-24 placement committee is final and may not be appealed.
3-25 (f) A school district shall provide to a student who, after
3-26 three attempts, has failed to perform satisfactorily on an
3-27 assessment instrument specified under Subsection (a) accelerated
3-28 instruction during the next school year as prescribed by an
3-29 educational plan developed for the student by the student's grade
3-30 placement committee established under Subsection (c). The district
3-31 shall provide that accelerated instruction regardless of whether
3-32 the student has been promoted or retained. The educational plan
3-33 must be designed to enable the student to perform at the
3-34 appropriate grade level by the conclusion of the school year.
3-35 During the school year, the student shall be monitored to ensure
3-36 that the student is progressing in accordance with the plan. The
3-37 district shall administer to the student the assessment instrument
3-38 for the grade level in which the student is placed at the time the
3-39 district regularly administers the assessment instruments for that
3-40 school year.
3-41 (g) This section does not preclude the retention at a grade
3-42 level, in accordance with state law or school district policy, of a
3-43 student who performs satisfactorily on an assessment instrument
3-44 specified under Subsection (a).
3-45 (h) In each instance under this section in which a school
3-46 district is specifically required to provide notice to a parent or
3-47 guardian of a student, the district shall make a good faith effort
3-48 to ensure that such notice is provided either in person or by
3-49 regular mail and that the notice is clear and easy to understand
3-50 and is written in English or the parent or guardian's native
3-51 language.
3-52 (i) A school district or open-enrollment charter school
3-53 shall provide transportation for students required to attend
3-54 remedial programs under this chapter.
3-55 (j) The commissioner shall adopt rules as necessary to
3-56 implement this section, including rules concerning when school
3-57 districts shall administer assessment instruments required under
3-58 this section and which administration of the assessment instruments
3-59 will be used for purposes of Section 39.051.
3-60 (k) The commissioner shall issue a report to the legislature
3-61 no later than December 1, 2000, that reviews the enrollment of
3-62 students in accelerated instruction and the quality and
3-63 availability of accelerated instruction programs, including
3-64 accelerated instruction-related teacher professional development
3-65 programs.
3-66 (l) This section may be implemented only if sufficient funds
3-67 are appropriated during a school year for administering the
3-68 accelerated instruction programs specified under this section.
3-69 (m) This section applies to the assessment instrument
4-1 administered to students in:
4-2 (1) the third grade beginning with the 2002-2003
4-3 school year;
4-4 (2) the fifth grade beginning with the 2004-2005
4-5 school year; and
4-6 (3) the eighth grade beginning with the 2007-2008
4-7 school year.
4-8 (n) Subsection (m) and this subsection expire January 1,
4-9 2008.
4-10 SECTION 5. Subchapter B, Chapter 39, Education Code, is
4-11 amended by adding Section 39.0231 to read as follows:
4-12 Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS.
4-13 The agency shall ensure that each assessment instrument
4-14 administered in accordance with Section 28.0211 is scored and that
4-15 the results are returned to the appropriate school district not
4-16 later than 10 days after receipt of the test materials by the
4-17 agency or its test contractor.
4-18 SECTION 6. Subsection (b), Section 39.024, Education Code,
4-19 is amended to read as follows:
4-20 (b) Each school district shall offer an intensive program of
4-21 instruction for students who did not perform satisfactorily on an
4-22 assessment instrument administered under this subchapter. The
4-23 intensive programs for students who did not perform satisfactorily
4-24 on an assessment instrument under Section 39.023(a) or (c) shall be
4-25 designed to enable the students to be performing at grade level at
4-26 the conclusion of the next regular school term and, if applicable,
4-27 to carry out the purposes of Section 28.0211. The intensive
4-28 programs for students who did not perform satisfactorily on an
4-29 assessment instrument under Section 39.023(b) shall be designed by
4-30 each student's admission, review, and dismissal committee to enable
4-31 the student to attain a standard of annual growth on the basis of
4-32 the student's individualized education program and, if applicable,
4-33 to carry out the purposes of Section 28.0211.
4-34 SECTION 7. Subsection (b), Section 39.051, Education Code,
4-35 is amended to read as follows:
4-36 (b) Performance on the indicators adopted under this section
4-37 shall be compared to state-established standards. The degree of
4-38 change from one school year to the next in performance on each
4-39 indicator adopted under this section shall also be considered. The
4-40 indicators must be based on information that is disaggregated with
4-41 respect to race, ethnicity, sex, and socioeconomic status and must
4-42 include:
4-43 (1) the results of assessment instruments required
4-44 under Sections 39.023(a) and (c), aggregated by grade level and
4-45 subject area;
4-46 (2) dropout rates;
4-47 (3) student attendance rates;
4-48 (4) the percentage of graduating students who attain
4-49 scores on the secondary exit-level assessment instruments required
4-50 under Subchapter B that are equivalent to a passing score on the
4-51 test instrument required under Section 51.306;
4-52 (5) the percentage of graduating students who meet the
4-53 course requirements established for the recommended high school
4-54 program by State Board of Education rule;
4-55 (6) the results of the Scholastic Assessment Test
4-56 (SAT) and the American College Test;
4-57 (7) the number of students, aggregated by grade level,
4-58 promoted through the grade placement committee process under
4-59 Section 28.0211, the subject of the assessment instrument on which
4-60 each student failed to perform satisfactorily, and the performance
4-61 of those students in the school year following that promotion on
4-62 the assessment instruments required under Section 39.023;
4-63 (8) the percentage of students taking end-of-course
4-64 assessment instruments adopted under Section 39.023(d);
4-65 (9) [(8)] the percentage of students exempted, by
4-66 exemption category, from the assessment program generally
4-67 applicable under this subchapter; and
4-68 (10) [(9)] any other indicator the State Board of
4-69 Education adopts.
5-1 SECTION 8. Subsection (b), Section 39.052, Education Code,
5-2 is amended to read as follows:
5-3 (b) The report card shall include the following information
5-4 where applicable:
5-5 (1) the academic excellence indicators adopted under
5-6 Sections 39.051(b)(1) through (9) [(8)];
5-7 (2) student/teacher ratios; and
5-8 (3) administrative and instructional costs per
5-9 student.
5-10 SECTION 9. Subsections (b) and (c), Section 39.072,
5-11 Education Code, are amended to read as follows:
5-12 (b) The academic excellence indicators adopted under
5-13 Sections 39.051(b)(1) through (7) [(6)] shall be the main
5-14 consideration of the agency in the rating of the district under
5-15 this section. Additional criteria in the rules may include
5-16 consideration of:
5-17 (1) compliance with statutory requirements and
5-18 requirements imposed by rule of the State Board of Education under
5-19 specific statutory authority that relate to:
5-20 (A) reporting data through the Public Education
5-21 Information Management System (PEIMS);
5-22 (B) the high school graduation requirements
5-23 under Section 28.025; or
5-24 (C) an item listed in Sections
5-25 7.056(e)(3)(C)-(I) that applies to the district; and
5-26 (2) the effectiveness of the district's programs in
5-27 special education based on the agency's most recent compliance
5-28 review of the district and programs for special populations.
5-29 (c) The agency shall evaluate against state standards and
5-30 shall report the performance of each campus in a district and each
5-31 open-enrollment charter school on the basis of the campus's
5-32 performance on the indicators adopted under Sections 39.051(b)(1)
5-33 through (7) [(6)].
5-34 SECTION 10. Subsection (a), Section 39.073, Education Code,
5-35 is amended to read as follows:
5-36 (a) The agency shall annually review the performance of each
5-37 district and campus on the indicators adopted under Sections
5-38 39.051(b)(1) through (7) [(6)] and determine if a change in the
5-39 accreditation status of the district is warranted.
5-40 SECTION 11. Subsection (e), Section 39.074, Education Code,
5-41 is amended to read as follows:
5-42 (e) If an annual review indicates low performance on one or
5-43 more of the indicators under Sections 39.051(b)(1) through (7)
5-44 [(6)] of one or more campuses in a district, the agency may conduct
5-45 an on-site evaluation of those campuses only.
5-46 SECTION 12. The implementation of this Act is contingent on
5-47 the legislature appropriating money sufficient to fund professional
5-48 development for teachers required to teach the remedial programs
5-49 specified under this Act.
5-50 SECTION 13. This Act takes effect September 1, 1999.
5-51 SECTION 14. The importance of this legislation and the
5-52 crowded condition of the calendars in both houses create an
5-53 emergency and an imperative public necessity that the
5-54 constitutional rule requiring bills to be read on three several
5-55 days in each house be suspended, and this rule is hereby suspended.
5-56 * * * * *