SRC-CTC S.B. 682 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 682
77R4426 BDH-DBy: Van de Putte
Education
3/8/2001
As Filed


DIGEST AND PURPOSE 

For more than 70 years, Texas public schools have primarily used the
whole-word or whole-language methods of teaching reading.  In addition, the
public schools have taught mathematics concepts to familiarity rather than
to mastery.  As proposed, S.B. 682 requires school districts, home-rule
school districts, charter schools, and open-enrollment schools to provide
their students with a foundation curriculum, accelerated instruction,
bilingual education, and special education programs, tutorial services, and
adult education programs that use educational methods based on scientific
research.  The bill also requires educators to be adequately prepared to
implement educational methods based on scientific research. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.102(c)(4), Education Code, to require the
State Board of Education (board) to establish curriculum and graduation
requirements as required by Chapter 28. 

SECTION 2.  Amends Section 8.051(d), Education Code, to provide that
training and assistance in teaching each subject area assessed under
Section 39.023 using methods based on scientific research is a core service
each regional education service center is required to maintain.   

SECTION 3.  Amends Section 11.201(d), Education Code, to add administrative
responsibility and leadership for the planning, operation, supervision, and
evaluation of curricula based on scientific research for elementary
reading, spelling, and mathematics to the list of duties of the
superintendent. 

SECTION 4.  Amends Section 11.202(b), Education Code, to require each
principal to set specific education objectives for the principal's campus,
including, for elementary school principals, the implementation of
curricula based on scientific research for reading, spelling, and
mathematics through the planning process under Section 11.253. 

SECTION 5.  Amends Section 11.252(a), Education Code, to add instructional
methods, including methods based on scientific research for reading,
spelling, and mathematics, for addressing the needs of student groups not
achieving their full potential, research-based reading programs, and, where
appropriate, training in the use of curricula based on scientific research
for reading, spelling, and mathematics for professional staff in the
district to the list of strategies for improvement of student performance. 

SECTION 6.  Amends Section 12.013(b), Education Code, to add curriculum
requirements under Sections 28.002(a)(1)(A) and (B) to the list of
prohibitions, restrictions, or requirements imposed by this title or a rule
adopted under this title to which a home-rule school district is subject. 

 SECTION 7.  Amends Section 12.056(b), Education Code, to make a conforming
change regarding a campus or program for which a charter is granted under
this subchapter. 

SECTION 8.  Amends Section 12.104(b), Education Code, to make a conforming
change regarding an open-enrollment charter school. 

SECTION 9.  Amends Section 19.004(c), Education Code, to require a district
to develop educational and vocational training programs specifically
designed for certain people, including an educational curriculum based on
scientific  research to teach reading, spelling, and mathematics to those
persons who test at or below the sixth grade level on approved placement
tests. 

SECTION 10.  Amends Section 21.045, Education Code, by adding Subsection
(e), to provide that the educator preparation accreditation standards must
include, not later than September 1, 2002, the requirement that elementary
teachers display knowledge of educational curricula based on scientific
research for teaching reading, spelling, and mathematics.  Provides that
this subsection expires January 1, 2003. 

SECTION 11.  Amends Section 21.046(b), Education Code, to add curriculum
and instruction management, including for elementary school principals
knowledge of effective implementation methods for educational curricula
based on scientific research for elementary reading, spelling, and
mathematics to the list of qualifications for certification a principal
must emphasize. 

SECTION 12.  Amends Section 21.047(c), Education Code, to provide that a
comprehensive fieldbased teacher program must, for elementary school
teachers, emphasize the use of educational methods and curricula based on
scientific research for teaching elementary reading, spelling, and
mathematics. 

SECTION 13.  Amends Section 21.0481(c), Education Code, to provide that for
a person to be eligible for a master reading teacher certificate the person
must satisfactorily complete a knowledgebased and skills-based course of
instruction on the science of teaching children to read that emphasizes the
use of educational methods based on scientific research, among certain
criteria. 

SECTION 14.  Amends Section 21.451(b), Education Code, to authorize campus
staff development to include activities that enable the campus staff to
study educational methods based on scientific research. 

SECTION 15.  Amends Section 28.002, Education Code, by amending Subsections
(a) and (i) and adding Subsection (l), as follows: 

(a) Requires each school district that offers kindergarten through grade 12
to offer, as a required curriculum a foundation curriculum that includes
English language arts and mathematics, including elementary reading,
morphographic spelling, and elementary mathematics using educational
methods based on scientific research. 

 (i)  Provides an exception to the board's rulemaking authority.

(l)  Provides that any method used to teach elementary reading, spelling,
or mathematics must be based on scientific research. 

SECTION 16.  Amends Section 29.057, Education Code, by adding Subsection
(d) to provide that curriculum used for teaching reading, spelling, and
mathematics in bilingual education or special education programs must be
based on scientific research. 

SECTION 17.  Amends Sections 29.081(b) and (e), Education Code, to provide
that accelerated instruction must consist of educational methods based on
scientific research.  Authorizes a school district to use a private or
public community-based dropout recovery education program based on
scientific research to provide alternative education programs for students
at risk of dropping out of school. 

SECTION 18.  Amends Section 29.084(a), Education Code, to authorize each
school district to provide, at the district's schools, tutorial services
based on scientific research. 

SECTION 19.  Amends Section 29.153(f), Education Code, to provide, rather
than require, that a district's prekindergarten program be designed to
develop skills necessary for success in the regular public school
curriculum, including language, mathematics, and social skills.  Provides
that the program must be based on scientific research. 

SECTION 20.  Amends Section 29.253, Education Code, to provide that adult
education programs must be based on scientific research. 

SECTION 21.  Amends Section 31.029, Education Code, to require the board to
purchase or otherwise acquire textbooks that are based on scientific
research for use in bilingual education classes. 

SECTION 22.  Amends Section 37.002(a), Education Code, to provide that the
first time a student is referred to the principal, the principal must
determine the student's educational performance level by administering a
reading decoding and comprehension placement test and a mathematics
placement test. Provides that if a student's test performance is two or
more grade levels below the student's assigned grade level, the principal
must place the student in an appropriate corrective reading  or mathematics
program that uses methods based on scientific research.  Requires the
principal, if a student's performance is equal to or greater than the
student's assigned grade level, or if the student continues to act in an
inappropriate manner after being placed in a corrective educational program
that uses methods based on scientific research, to employ appropriate
discipline management techniques consistent with the student code of
conduct adopted under Section 37.001. 

SECTION 23.  Amends Section 37.008(a), Education Code, to require each
school district to provide an alternative education program that provides a
reading, spelling, and mathematics curriculum based on scientific research. 

SECTION 24.  Amends Section 37.011(h), Education Code, to provide that a
student who is not performing at grade level on entering a juvenile justice
alternative education program, as determined by the student's performance
on certain placement tests, must be placed in a corrective educational
program that uses methods based on scientific research. 

SECTION 25.  Amends Section 37.055, Education Code, to provide that a
certain agreement must include a statement of the student's behavioral and
learning objectives, including a description of the educational methods
based on scientific research and the behavioral modification methods that
the school district intends to use to meet the objectives and the school
district's acknowledgment that the district will use the best educational
methods based on scientific research available to accomplish the learning
objectives.  Authorizes a parent to obtain a court order from a district
court in the county in which the school district is located requiring the
superintendent of the school district to comply with an agreement made
under this section.  Authorizes a superintendent who violates a court order
issued under this section to be punished for contempt of court. 

SECTION 26.  Amends Section 38.003(b), Education Code, to require the board
of trustees of each school district to provide, in accordance with the
program approved by the board, for the treatment of any student determined
to have dyslexia or a related disorder, including a corrective reading
program based on scientific research that had proven successful in
providing dyslexia remediation. 

SECTION 27.   Requires the board, notwithstanding the textbook review and
adoption requirements under Section 31.022, Education Code, or the textbook
review and adoption cycle the board adopts under that section, to review
and adopt reading, spelling, and mathematics textbooks and  accompanying
teacher editions that are based on scientific research that satisfy
requirements under Section 28.002(a)(1)(A) and (B), Education Code, as
amended by this Act, as soon as practicable. 

SECTION 28.  Effective date:  July 1, 2001, or September 1, 2001