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                                  * * * * *