SRC-MKV S.B. 1428 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1428
77R7436 ESH-FBy: Truan
Education
4/23/2001
As Filed


DIGEST AND PURPOSE 

In 1999, the 76th Legislature passed S.B. 103, which requires two new
exit-level TAAS (Texas Assessment of Academic Skills) tests, on science and
social studies, for students to take before graduating from high school.
As a result,  a high school senior may not receive a diploma if the student
has failed one of the four sections of the TAAS test.  The current failure
rate for the exit-level TAAS test is almost twenty percent.  There are
indications are that once the new exit-level tests are implemented, the
failure rates will increase.  As proposed, S.B. 1428 allows multiple
criteria by which a student can receive a diploma.  The bill allows the
commissioner of education to determine these criteria, which must include a
student's high school grade point average, a student's twelfth grade class
ranking, the student's individual and combined scores on the exit-level
TAAS tests, and the student's overall high school academic performance as
evaluated by two or more teachers.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 28.025, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28.025, Education Code, as follows:

(a) Adds language relating to a student being authorized to graduate and
receive a diploma if the student meets the alternative graduation criteria
prescribed under Subsection (b). 

(b) Requires the commissioner of education (commissioner) by rule to
prescribe alternative graduation criteria (criteria) that a student may
meet to graduate and receive a diploma without complying with Section
39.025(a).  Requires the criteria to include certain information about the
student's academic performance. 

(c) Requires a committee composed of the student's high school principal or
the principal's designee and two teachers in the student's school district
who teach at the high school level to determine whether a student who has
not complied with Section 39.025(a) has met the alternative graduation
criteria prescribed under Subsection (b).  Requires the commissioner to
adopt rules relating to the selection and operation of a committee under
this subsection, including the method by which the committee must notify
the student and the student's high school registrar, or the person
performing the duties of a registrar, of the committee's decision. 

(d) Deletes language relating to a student who fails to perform
satisfactorily on the assessment instruments specified by Subsection (a)
and replaces it with language relating to a student who fails to comply
with Section 39.025(a) or the criteria under Subsection (b). 

SECTION 2.  (a) Provides that Section 28.025, Education Code, as amended by
this Act, applies beginning with the 2002-2003 school year. 

 (b) Requires the commissioner, not later than June 1, 2002, to adopt rules
as required by Sections 28.025(b) and (c), Education Code, as amended by
this Act.  

SECTION 3.  Effective date: September 1, 2001.