1-1 AN ACT
1-2 relating to public school accountability and to measures to improve
1-3 proficiency in certain subjects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 7, Education Code, is
1-6 amended by adding Section 7.006 to read as follows:
1-7 Sec. 7.006. COORDINATION OF RECORDS. The commissioner of
1-8 education and the commissioner of higher education shall ensure
1-9 that records relating to student performance held by the Texas
1-10 Education Agency and the Texas Higher Education Coordinating Board
1-11 are coordinated and maintained in standardized, compatible formats
1-12 that permit:
1-13 (1) the exchange of information between the agencies;
1-14 and
1-15 (2) the matching of individual student records so that
1-16 a student's academic performance may be assessed throughout the
1-17 student's educational career.
1-18 SECTION 2. Section 28.025, Education Code, is amended to read
1-19 as follows:
1-20 Sec. 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC
1-21 ACHIEVEMENT RECORD. (a) The State Board of Education by rule shall
1-22 determine curriculum requirements for the minimum, recommended, and
1-23 advanced high school programs that are consistent with the required
1-24 curriculum under Section 28.002.
2-1 (b) A school district shall ensure that each student enrolls
2-2 in the courses necessary to complete the curriculum requirements
2-3 identified by the State Board of Education under Subsection (a) for
2-4 the recommended or advanced high school program unless the student,
2-5 the student's parent or other person standing in parental relation
2-6 to the student, and a school counselor or school administrator
2-7 agree that the student should be permitted to take courses under
2-8 the minimum high school program.
2-9 (c) A student may graduate and receive a diploma only if:
2-10 (1) the student successfully completes the curriculum
2-11 requirements identified by the State Board of Education under
2-12 Subsection (a) [board] and complies with Section 39.025(a); or
2-13 (2) the student successfully completes an
2-14 individualized education program developed under Section 29.005.
2-15 (d) [(b)] A school district may issue a certificate of
2-16 coursework completion to a student who successfully completes the
2-17 curriculum requirements identified by the State Board of Education
2-18 under Subsection (a) but who fails to comply with Section 39.025(a)
2-19 [perform satisfactorily on the assessment instruments specified by
2-20 Subsection (a)]. A school district may allow a student who
2-21 receives a certificate to participate in a graduation ceremony with
2-22 students receiving high school diplomas.
2-23 (e) [(c)] Each school district shall report the academic
2-24 achievement record of students who have completed a minimum,
2-25 recommended, or advanced high school program on transcript forms
2-26 adopted by the State Board of Education. The transcript forms
2-27 adopted by the board must be designed to clearly differentiate
3-1 between each of the high school programs and identify whether a
3-2 student received a diploma or a certificate of coursework
3-3 completion.
3-4 (f) Subsection (b) applies to students entering the ninth
3-5 grade in the 2004-2005 school year and thereafter. This subsection
3-6 expires September 1, 2004.
3-7 SECTION 3. Subchapter C, Chapter 7, Education Code, is
3-8 amended by adding Sections 7.058 and 7.059 to read as follows:
3-9 Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
3-10 PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,
3-11 the commissioner shall award to one or more institutions that have
3-12 demonstrated an ability to conduct science-based research on
3-13 effective instructional strategies that improve student performance
3-14 in mathematics a grant to be used to:
3-15 (1) develop and identify research on mathematics
3-16 skills acquisition and student learning in mathematics;
3-17 (2) monitor the effectiveness of professional
3-18 development institutes under Section 21.455 based on performance in
3-19 mathematics by the students of teachers who have attended an
3-20 institute;
3-21 (3) examine the effect of professional development
3-22 institutes on the classroom performance of teachers who have
3-23 attended an institute;
3-24 (4) identify common practices used at high-performing
3-25 school campuses that lead to improved student performance in
3-26 mathematics; and
3-27 (5) develop research on cognitive development in
4-1 children concerning mathematics skills development.
4-2 Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a)
4-3 From funds appropriated for the purpose, the commissioner shall
4-4 help make available services that assist teachers in providing and
4-5 grading mathematics homework assignments. The services may also
4-6 assist teachers in providing and grading student examinations.
4-7 (b) In helping make the services described by Subsection (a)
4-8 available, the commissioner shall consider all methods available
4-9 through advanced technology, especially methods using the Internet,
4-10 to distribute mathematics homework assignments and to provide
4-11 immediate assessment of a student's work on the assignment.
4-12 (c) Each homework assignment offered through the service:
4-13 (1) must be created with consideration for the
4-14 underlying mathematical skills required to be taught at the grade
4-15 level for which the assignment is designed;
4-16 (2) may be based on a step-by-step procedure for
4-17 solving mathematical problems provided by the assignment that may
4-18 be adapted to individual student and instructor needs;
4-19 (3) may be accompanied by a solution to each
4-20 mathematical problem assigned;
4-21 (4) may be accompanied by other pedagogically valuable
4-22 material appropriate for a particular student; and
4-23 (5) to the extent possible, should correlate to an
4-24 instructional program or programs being used in classrooms in this
4-25 state.
4-26 SECTION 4. Subchapter B, Chapter 21, Education Code, is
4-27 amended by adding Section 21.0482 to read as follows:
5-1 Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION. (a)
5-2 To ensure that there are teachers with special training to work
5-3 with other teachers and with students in order to improve student
5-4 mathematics performance, the board shall establish:
5-5 (1) a master mathematics teacher certificate to teach
5-6 mathematics at elementary school grade levels;
5-7 (2) a master mathematics teacher certificate to teach
5-8 mathematics at middle school grade levels; and
5-9 (3) a master mathematics teacher certificate to teach
5-10 mathematics at high school grade levels.
5-11 (b) The board shall issue the appropriate master mathematics
5-12 teacher certificate to each eligible person.
5-13 (c) To be eligible for a master mathematics teacher
5-14 certificate, a person must:
5-15 (1) hold a teaching certificate issued under this
5-16 subchapter;
5-17 (2) have at least three years of teaching experience;
5-18 (3) satisfactorily complete a knowledge-based course
5-19 of instruction on the science of teaching children mathematics that
5-20 includes training in mathematics instruction and professional peer
5-21 mentoring techniques that, through scientific testing, have been
5-22 proven effective;
5-23 (4) perform satisfactorily on the appropriate master
5-24 mathematics teacher certification examination prescribed by the
5-25 board; and
5-26 (5) satisfy any other requirements prescribed by the
5-27 board.
6-1 (d) The course of instruction prescribed under Subsection
6-2 (c)(3) shall be developed by the board in consultation with
6-3 mathematics and science faculty members at institutions of higher
6-4 education.
6-5 SECTION 5. Subchapter I, Chapter 21, Education Code, is
6-6 amended by adding Section 21.411 to read as follows:
6-7 Sec. 21.411. MASTER MATHEMATICS TEACHER GRANT PROGRAM. (a)
6-8 The commissioner shall establish a master mathematics teacher grant
6-9 program to encourage teachers to:
6-10 (1) become certified as master mathematics teachers;
6-11 and
6-12 (2) work with other teachers and with students in
6-13 order to improve student mathematics performance.
6-14 (b) From funds appropriated for the purpose, the
6-15 commissioner shall make grants to school districts as provided by
6-16 this section to pay stipends to selected certified master
6-17 mathematics teachers who teach at high-need campuses.
6-18 (c) The commissioner shall annually identify each high-need
6-19 campus in a school district using criteria established by the
6-20 commissioner by rule, including performance on the mathematics
6-21 assessment instrument administered under Section 39.023. The
6-22 commissioner shall also use the criteria to rank campuses in order
6-23 of greatest need.
6-24 (d) A school district may apply to the commissioner for
6-25 grants for each high-need campus identified by the commissioner to
6-26 be used to pay stipends to certified master mathematics teachers in
6-27 accordance with this section. Unless reduced under Subsection (g)
7-1 or (i), each grant is in the amount of $5,000. The commissioner
7-2 shall approve the application if the district:
7-3 (1) applies within the period and in the manner
7-4 required by rule adopted by the commissioner; and
7-5 (2) agrees to use each grant only for the purpose of
7-6 paying a year-end stipend to a master mathematics teacher:
7-7 (A) who holds the appropriate certificate issued
7-8 under Section 21.0482;
7-9 (B) who teaches in a position prescribed by the
7-10 district at a high-need campus identified by the commissioner;
7-11 (C) whose primary duties include:
7-12 (i) teaching mathematics; and
7-13 (ii) serving as a mathematics teaching
7-14 mentor to other teachers for the amount of time and in the manner
7-15 established by the district and by rule adopted by the
7-16 commissioner; and
7-17 (D) who satisfies any other requirements
7-18 established by rule adopted by the commissioner.
7-19 (e) Unless reduced under Subsection (g) or (i), a stipend
7-20 under Subsection (d)(2) is in the amount of $5,000.
7-21 (f) The commissioner shall adopt rules for the distribution
7-22 of grants to school districts following the year of the initial
7-23 grant. A district that has been approved for a grant to pay a
7-24 stipend to a certified master mathematics teacher is not required
7-25 to reapply for a grant for two consecutive school years following
7-26 the year of the initial grant if the district:
7-27 (1) continues to pay a stipend as provided by
8-1 Subsection (g); and
8-2 (2) notifies the commissioner in writing, within the
8-3 period and in the manner prescribed by the commissioner, that the
8-4 circumstances on which the grant was based have not changed.
8-5 (g) The commissioner shall reduce payments to a school
8-6 district proportionately to the extent a teacher does not meet the
8-7 requirements under Subsection (d)(2) for the entire school year. A
8-8 district that employs more certified master mathematics teachers
8-9 than the number of grants available under this section shall select
8-10 the certified master mathematics teachers to whom to pay stipends
8-11 based on a policy adopted by the board of trustees of the district,
8-12 except that a district shall pay a stipend for two additional
8-13 consecutive school years to a teacher the district has selected for
8-14 and paid a stipend for a school year, who remains eligible for a
8-15 stipend under Subsection (d)(2), and for whom the district receives
8-16 a grant under this section for those years. A decision of the
8-17 district under this subsection is final and may not be appealed.
8-18 The district may not apportion among teachers a stipend paid for
8-19 with a grant the district receives under this section. The
8-20 district may use local money to pay additional stipends in amounts
8-21 determined by the district.
8-22 (h) A grant a school district receives under this section is
8-23 in addition to any funding the district receives under Chapter 42.
8-24 The commissioner shall distribute funds under this section with the
8-25 Foundation School Program payment to which the district is entitled
8-26 as soon as practicable after the end of the school year as
8-27 determined by the commissioner. A district to which Chapter 41
9-1 applies is entitled to the grants paid under this section. The
9-2 commissioner shall determine the timing of the distribution of
9-3 grants to a district that does not receive Foundation School
9-4 Program payments.
9-5 (i) This section does not create a property right to a grant
9-6 or stipend. A school district is entitled to a grant to carry out
9-7 the purposes of this section only to the extent the commissioner
9-8 makes the grant in accordance with this section and only to the
9-9 extent sufficient state funds are appropriated for those purposes.
9-10 If state funds are appropriated but are insufficient to fully fund
9-11 a grant, the commissioner shall reduce the grant paid to each
9-12 district and the district shall reduce the stipend the district
9-13 pays to each teacher under this section proportionately so that
9-14 each selected teacher receives the same amount of money.
9-15 (j) A decision of the commissioner concerning the amount of
9-16 money to which a school district is entitled under this section is
9-17 final and may not be appealed. Each district shall, in the manner
9-18 and at the time prescribed by the commissioner, provide to the
9-19 commissioner proof acceptable to the commissioner of the master
9-20 mathematics teacher certification of a teacher to whom the district
9-21 is paying a stipend under this section.
9-22 (k) The commissioner may audit the expenditure of money
9-23 appropriated for purposes of this section. A district's use of the
9-24 money appropriated for purposes of this section shall be verified
9-25 as part of the district audit under Section 44.008.
9-26 (l) A stipend a teacher receives under this section is not
9-27 considered in determining whether the district is paying the
10-1 teacher the minimum monthly salary under Section 21.402.
10-2 (m) The commissioner may adopt other rules as necessary to
10-3 implement this section.
10-4 SECTION 6. Subchapter J, Chapter 21, Education Code, is
10-5 amended by adding Sections 21.454 and 21.455 to read as follows:
10-6 Sec. 21.454. MATHEMATICS TRAINING. (a) The commissioner
10-7 shall develop training materials and other teacher training
10-8 resources for a school district to use in assisting mathematics
10-9 teachers in developing:
10-10 (1) expertise in the appropriate mathematics
10-11 curriculum; and
10-12 (2) comprehension of the instructional approaches
10-13 that, through scientific testing, have been proven effective in
10-14 improving student mathematics skills.
10-15 (b) The commissioner shall develop materials and resources
10-16 under this section in consultation with appropriate faculty members
10-17 at institutions of higher education.
10-18 (c) The commissioner shall make the training materials and
10-19 other teacher training resources required under Subsection (a)
10-20 available to mathematics teachers through a variety of mechanisms,
10-21 including distance learning, mentoring programs, small group
10-22 inquiries, computer-assisted training, and mechanisms based on
10-23 trainer-of-trainer models.
10-24 (d) The commissioner shall use funds appropriated for the
10-25 purpose to administer this section.
10-26 Sec. 21.455. PROFESSIONAL DEVELOPMENT INSTITUTES IN
10-27 MATHEMATICS. (a) The commissioner shall develop and make available
11-1 professional development institutes for teachers who provide
11-2 instruction in mathematics to students at the fifth through eighth
11-3 grade levels.
11-4 (b) A professional development institute developed under
11-5 this section must address:
11-6 (1) the underlying mathematical skills required to be
11-7 taught at the relevant grade levels; and
11-8 (2) mathematical instruction techniques that, through
11-9 scientific testing, have been proven effective.
11-10 (c) The commissioner shall develop professional development
11-11 institutes under this section in consultation with mathematics and
11-12 science faculty members at institutions of higher education.
11-13 (d) The commissioner shall adopt criteria for selection of
11-14 teachers authorized to attend a professional development institute
11-15 developed under this section.
11-16 (e) From funds appropriated for the purpose, the
11-17 commissioner shall pay a stipend to each teacher who completes a
11-18 professional development institute developed under this section.
11-19 The commissioner shall determine the amount of the stipend paid
11-20 under this subsection.
11-21 SECTION 7. Subchapter A, Chapter 28, Education Code, is
11-22 amended by adding Section 28.007 to read as follows:
11-23 Sec. 28.007. MATHEMATICS DIAGNOSIS. (a) Using funds
11-24 appropriated for the purpose, the commissioner shall develop and
11-25 make available or contract for the development and dissemination of
11-26 assessment instruments that a school district may use to diagnose
11-27 student mathematics skills. In developing the assessment
12-1 instruments, all assessment methods available through advanced
12-2 technology, including methods using the Internet or other computer
12-3 resources to provide immediate assessment of a student's skills,
12-4 shall be considered.
12-5 (b) The results of assessment instruments developed under
12-6 Subsection (a) may not be used for purposes of appraisals and
12-7 incentives under Chapter 21 or accountability under Chapter 39.
12-8 SECTION 8. Subchapter C, Chapter 29, Education Code, is
12-9 amended by adding Section 29.087 to read as follows:
12-10 Sec. 29.087. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
12-11 INSTRUCTION PROGRAMS. (a) A school district may provide an
12-12 intensive after-school program or an intensive program during the
12-13 period that school is recessed for the summer to provide
12-14 mathematics instruction to:
12-15 (1) students who are not performing at grade level in
12-16 mathematics to assist those students in performing at grade level;
12-17 (2) students who are not performing successfully in a
12-18 mathematics course to assist those students in successfully
12-19 completing the course; or
12-20 (3) students other than those described by Subdivision
12-21 (1) or (2), as determined by the district.
12-22 (b) Before providing a program under this section, the board
12-23 of trustees of a school district must adopt a policy for:
12-24 (1) determining student eligibility for participating
12-25 in the program that:
12-26 (A) prescribes the grade level or course a
12-27 student must be enrolled in to be eligible; and
13-1 (B) provides for considering teacher
13-2 recommendations in determining eligibility;
13-3 (2) ensuring that parents of or persons standing in
13-4 parental relation to eligible students are provided notice of the
13-5 program;
13-6 (3) ensuring that eligible students are encouraged to
13-7 attend the program;
13-8 (4) ensuring that the program is offered at one or
13-9 more locations in the district that are easily accessible to
13-10 eligible students; and
13-11 (5) measuring student progress on completion of the
13-12 program.
13-13 (c) The commissioner by rule shall:
13-14 (1) prescribe a procedure that a school district must
13-15 follow to apply for and receive funding for a program under this
13-16 section;
13-17 (2) adopt guidelines for determining which districts
13-18 receive funding if there is not sufficient funding for each
13-19 district that applies;
13-20 (3) require each district providing a program to
13-21 report student performance results to the commissioner within the
13-22 period and in the manner prescribed by the rule; and
13-23 (4) based on district reports under Subdivision (3)
13-24 and any required analysis and verification of those reports,
13-25 disseminate to each district in this state information concerning
13-26 instructional methods that have proved successful in improving
13-27 student performance in mathematics.
14-1 (d) A program provided under this section shall be paid for
14-2 with funds appropriated for that purpose.
14-3 SECTION 9. Section 39.023, Education Code, is amended by
14-4 amending Subsections (e) and (i) and adding Subsections (d), (j),
14-5 and (m) to read as follows:
14-6 (d) The commissioner may participate in multistate efforts
14-7 to develop voluntary standardized end-of-course assessment
14-8 instruments. The commissioner by rule may require a school
14-9 district to administer an end-of-course assessment instrument
14-10 developed through the multistate efforts. The admission, review,
14-11 and dismissal committee of a student in a special education program
14-12 under Subchapter A, Chapter 29, shall determine whether any
14-13 allowable modification is necessary in administering to the student
14-14 an end-of-course assessment instrument or whether the student
14-15 should be exempted under Section 39.027(a)(2).
14-16 (e) Under rules adopted by the State Board of Education, the
14-17 agency shall release the questions and answer keys to each
14-18 assessment instrument administered under Subsection (a), (b), (c),
14-19 (d), or (l) after the last time the instrument is administered for
14-20 a school year. To ensure a valid bank of questions for use each
14-21 year, the agency is not required to release a question that is
14-22 being field-tested and was not used to compute the student's score
14-23 on the instrument. The agency shall also release, under board
14-24 rule, each question that is no longer being field-tested and that
14-25 was not used to compute a student's score.
14-26 (i) The provisions of this section, except Subsection (d),
14-27 are subject to modification by rules adopted under Section 39.022.
15-1 Each assessment instrument adopted under those rules and each
15-2 assessment instrument required under Subsection (d) must be
15-3 reliable and valid and must meet any applicable federal
15-4 requirements for measurement of student progress.
15-5 (j) The commissioner shall develop a standardized
15-6 end-of-course assessment instrument for Algebra I. The
15-7 commissioner by rule may require a school district to administer an
15-8 end-of-course assessment instrument in Algebra I. The admission,
15-9 review, and dismissal committee of a student in a special education
15-10 program under Subchapter A, Chapter 29, shall determine whether any
15-11 allowable modification is necessary in administering to the student
15-12 an end-of-course assessment instrument or whether the student
15-13 should be exempted under Section 39.027(a)(2).
15-14 (m) This subsection applies only to a student who is
15-15 determined to have dyslexia or a related disorder and who is an
15-16 individual with a disability under 29 U.S.C. Section 705(20) and
15-17 its subsequent amendments. The agency shall adopt or develop
15-18 appropriate criterion-referenced assessment instruments designed to
15-19 assess the ability of and to be administered to each student to
15-20 whom this subsection applies for whom the assessment instruments
15-21 adopted under Subsection (a), even with allowable modifications,
15-22 would not provide an appropriate measure of student achievement, as
15-23 determined by the committee established by the board of trustees of
15-24 the district to determine the placement of students with dyslexia
15-25 or related disorders. The committee shall determine whether any
15-26 allowable modification is necessary in administering to a student
15-27 an assessment instrument required under this subsection. The
16-1 assessment instruments required under this subsection shall be
16-2 administered on the same schedule as the assessment instruments
16-3 administered under Subsection (a).
16-4 SECTION 10. Subsection (b), Section 39.051, Education Code,
16-5 as amended by Chapters 396, 397, and 1422, Acts of the 76th
16-6 Legislature, Regular Session, 1999, is reenacted and amended to
16-7 read as follows:
16-8 (b) Performance on the indicators adopted under this section
16-9 shall be compared to state-established standards. The degree of
16-10 change from one school year to the next in performance on each
16-11 indicator adopted under this section shall also be considered. The
16-12 indicators must be based on information that is disaggregated with
16-13 respect to race, ethnicity, sex, and socioeconomic status and must
16-14 include:
16-15 (1) the results of assessment instruments required
16-16 under Sections 39.023(a), (c), and (l), aggregated by grade level
16-17 and subject area;
16-18 (2) dropout rates, including dropout rates and
16-19 district completion rates for grade levels 9 through 12;
16-20 (3) student attendance rates;
16-21 (4) the percentage of graduating students who attain
16-22 scores on the secondary exit-level assessment instruments required
16-23 under Subchapter B that are equivalent to a passing score on the
16-24 test instrument required under Section 51.306;
16-25 (5) the percentage of graduating students who meet the
16-26 course requirements established for the recommended high school
16-27 program by State Board of Education rule;
17-1 (6) the results of the Scholastic Assessment Test
17-2 (SAT), the American College Test, articulated postsecondary degree
17-3 programs described by Section 61.852, and certified workforce
17-4 training programs described by Chapter 311, Labor Code;
17-5 (7) the number of students, aggregated by grade level,
17-6 provided accelerated instruction under Section 28.0211(c), the
17-7 results of assessments administered under that section, the number
17-8 of students promoted through the grade placement committee process
17-9 under Section 28.0211, the subject of the assessment instrument on
17-10 which each student failed to perform satisfactorily, and the
17-11 performance of those students in the school year following that
17-12 promotion on the assessment instruments required under Section
17-13 39.023;
17-14 (8) for students who have failed to perform
17-15 satisfactorily on an assessment instrument required under Section
17-16 39.023(a) or (c), the numerical progress of those students on
17-17 subsequent assessment instruments required under those sections,
17-18 aggregated by grade level and subject area;
17-19 (9) the percentage of students exempted, by exemption
17-20 category, from the assessment program generally applicable under
17-21 this subchapter; and
17-22 (10) any other indicator the State Board of Education
17-23 adopts.
17-24 SECTION 11. Subsection (a), Section 39.053, Education Code,
17-25 as amended by Chapters 510 and 1417, Acts of the 76th Legislature,
17-26 Regular Session, 1999, is reenacted and amended to read as follows:
17-27 (a) Each board of trustees shall publish an annual report
18-1 describing the educational performance of the district and of each
18-2 campus in the district that includes uniform student performance
18-3 and descriptive information as determined under rules adopted by
18-4 the commissioner. The annual report must also include:
18-5 (1) campus performance objectives established under
18-6 Section 11.253 and the progress of each campus toward those
18-7 objectives, which shall be available to the public;
18-8 (2) the performance rating for the district as
18-9 provided under Section 39.072(a) and the performance rating of each
18-10 campus in the district as provided under Section 39.072(c); [and]
18-11 (3) the district's current special education
18-12 compliance status with the agency;
18-13 (4) [. In addition, the annual report must include] a
18-14 statement of the number, rate, and type of violent or criminal
18-15 incidents that occurred on each district campus, to the extent
18-16 permitted under the Family Educational Rights and Privacy Act of
18-17 1974 (20 U.S.C. Section 1232g);
18-18 (5) [,] information concerning school violence
18-19 prevention and violence intervention policies and procedures that
18-20 the district is using to protect students;
18-21 (6) [, and] the findings that result from evaluations
18-22 conducted under the Safe and Drug-Free Schools and Communities Act
18-23 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
18-24 amendments; and
18-25 (7) information received under Section 51.403(e) for
18-26 each high school campus in the district, presented in a form
18-27 determined by the commissioner.
19-1 SECTION 12. Subchapter C, Chapter 39, Education Code, is
19-2 amended by adding Section 39.055 to read as follows:
19-3 Sec. 39.055. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT.
19-4 (a) The board of trustees of each school district shall have the
19-5 district's dropout records audited annually at district expense by
19-6 a public accountant or certified public accountant who:
19-7 (1) is certified or registered, as appropriate, and
19-8 licensed under Chapter 901, Occupations Code;
19-9 (2) has successfully completed training provided by
19-10 the agency in auditing school dropout records; and
19-11 (3) is not an employee of the district.
19-12 (b) The audit of dropout records must be completed following
19-13 the end of each school year.
19-14 (c) The audit of dropout records must meet at least the
19-15 minimum requirements and be in the format prescribed by the
19-16 commissioner, subject to review and comment by the state auditor.
19-17 (d) The district shall submit a copy of the report of the
19-18 audit of dropout records, approved by the district's board of
19-19 trustees, to the agency. If the board of trustees declines or
19-20 refuses to approve the report, the board shall file with the agency
19-21 a copy of the report with the board's statement giving detailed
19-22 reasons for not approving the report. The district must submit a
19-23 copy of the report and any statement required by this subsection
19-24 not later than the 90th day after the last day permissible for
19-25 resubmission of information required under Section 42.006.
19-26 (e) The agency shall review each report of an audit of
19-27 dropout records. The commissioner shall notify the board of
20-1 trustees of a school district of any objection the commissioner has
20-2 to the district's report, any violation of sound accounting
20-3 practices or of a law or rule revealed by the report, or any
20-4 recommendation by the commissioner concerning the report. If the
20-5 report reflects that a penal law has been violated, the
20-6 commissioner shall notify the county attorney, district attorney,
20-7 or criminal district attorney, as appropriate, and the attorney
20-8 general. The commissioner is entitled to access to all district
20-9 records the commissioner considers necessary or appropriate for the
20-10 review, analysis, or approval of a report.
20-11 SECTION 13. (a) Subchapter D, Chapter 39, Education Code,
20-12 is amended by adding Section 39.0721 to read as follows:
20-13 Sec. 39.0721. GOLD PERFORMANCE RATING PROGRAM. (a) In
20-14 addition to district and campus performance ratings reported under
20-15 Section 39.072, the commissioner shall develop a gold performance
20-16 rating program based on enhanced performance. The agency shall
20-17 administer the program.
20-18 (b) Under the gold performance rating program, a district or
20-19 campus rated exemplary under Section 39.072 is eligible for an
20-20 exemplary gold rating, a district or campus rated recognized is
20-21 eligible for a recognized gold rating, and a district or campus
20-22 rated academically acceptable is eligible for an academically
20-23 acceptable gold rating.
20-24 (c) The performance standards on which a gold performance
20-25 rating is based should include:
20-26 (1) student proficiency on:
20-27 (A) assessment instruments administered under
21-1 Sections 39.023(a), (c), and (l); and
21-2 (B) other measures of proficiency determined by
21-3 the commissioner;
21-4 (2) student performance on one or more nationally
21-5 recognized norm-referenced assessment instruments;
21-6 (3) improvement in student performance;
21-7 (4) in the case of middle or junior high school
21-8 campuses, student proficiency in mathematics, including algebra;
21-9 and
21-10 (5) in the case of high school campuses:
21-11 (A) the extent to which graduating students are
21-12 academically prepared to attend institutions of higher education;
21-13 (B) the percentage of students who take advanced
21-14 placement tests and student performance on those tests; and
21-15 (C) the percentage of students who take and
21-16 successfully complete advanced academic courses or college-level
21-17 course work offered through dual credit programs provided under
21-18 agreements between high schools and institutions of higher
21-19 education.
21-20 (d) The commissioner may adopt rules as necessary to
21-21 implement and administer this section.
21-22 (b) Not later than June 30, 2002, the commissioner of
21-23 education shall complete development of the gold performance rating
21-24 program as provided by Section 39.0721, Education Code, as added by
21-25 Subsection (a) of this section, and shall adopt any rules necessary
21-26 for implementation and administration of Section 39.0721, Education
21-27 Code.
22-1 (c) Beginning with the 2001-2002 school year, the Texas
22-2 Education Agency shall implement the gold performance rating
22-3 program under Section 39.0721, Education Code, as added by
22-4 Subsection (a) of this section.
22-5 SECTION 14. Section 39.131, Education Code, is amended by
22-6 adding Subsections (a-1), (f), and (j) and redesignating existing
22-7 Subsections (f)-(h) as Subsections (g)-(i) to read as follows:
22-8 (a-1) This subsection applies regardless of whether a
22-9 district has satisfied the accreditation criteria. If for a period
22-10 of one year or more a district has had a master or management team
22-11 assigned, the commissioner may appoint a board of managers, a
22-12 majority of whom must be residents of the district, to exercise the
22-13 powers and duties of the board of trustees.
22-14 (f) A board of managers may exercise all of the powers and
22-15 duties assigned to a board of trustees of a school district by law,
22-16 rule, or regulation. This section applies to a district governed
22-17 by a board of managers in the same manner that this section applies
22-18 to any other district. A master or a member of a management team
22-19 appointed to serve on a board of managers may continue to be
22-20 compensated as determined by the commissioner. At the direction of
22-21 the commissioner but not later than the second anniversary of the
22-22 date the board of managers was appointed, the board of managers
22-23 shall order an election of members of the district board of
22-24 trustees. The election must be held on a uniform election date on
22-25 which an election of district trustees may be held under Section
22-26 41.001, Election Code, that is at least 180 days after the date the
22-27 election was ordered. On qualification of members for office, the
23-1 board of trustees assumes all of the powers and duties assigned to
23-2 a board of trustees by law, rule, or regulation.
23-3 (g) [(f)] A special campus intervention team appointed under
23-4 this section may consist of teachers, principals, other educational
23-5 professionals, and superintendents recognized for excellence in
23-6 their roles and appointed by the commissioner to serve as members
23-7 of a team.
23-8 (h) [(g)] If the commissioner appoints a board of managers
23-9 to govern a district, the powers of the board of trustees of the
23-10 district are suspended for the period of the appointment and the
23-11 commissioner shall appoint a district superintendent.
23-12 Notwithstanding any other provision of this code, the board of
23-13 managers may amend the budget of the district.
23-14 (i) [(h)] If the commissioner appoints a board of managers
23-15 to govern a campus, the powers of the board of trustees of the
23-16 district in relation to the campus are suspended for the period of
23-17 the appointment and the commissioner shall appoint a campus
23-18 principal. Notwithstanding any other provision of this code, the
23-19 board of managers may submit to the commissioner for approval
23-20 amendments to the budget of the district for the benefit of the
23-21 campus. If the commissioner approves the amendments, the board of
23-22 trustees of the district shall adopt the amendments.
23-23 (j) An employee, volunteer, or contractor acting on behalf
23-24 of the commissioner under this subchapter is immune from civil
23-25 liability to the same extent as a professional employee of a school
23-26 district under Section 22.051.
23-27 SECTION 15. Subsection (a), Section 39.182, Education Code,
24-1 is amended to read as follows:
24-2 (a) The agency shall prepare and deliver to the governor,
24-3 the lieutenant governor, the speaker of the house of
24-4 representatives, each member of the legislature, the Legislative
24-5 Budget Board, and the clerks of the standing committees of the
24-6 senate and house of representatives with primary jurisdiction over
24-7 the public school system a comprehensive report covering the
24-8 preceding two school years and containing:
24-9 (1) an evaluation of the achievements of the state
24-10 educational program in relation to the statutory goals for the
24-11 public education system under Section 4.002;
24-12 (2) an evaluation of the status of education in the
24-13 state as reflected by the academic excellence indicators adopted
24-14 under Section 39.051;
24-15 (3) a summary compilation of overall student
24-16 performance on academic skills assessment instruments required by
24-17 Section 39.023, aggregated by grade level, subject area, campus,
24-18 and district, with appropriate interpretations and analysis and
24-19 disaggregated by race, ethnicity, sex, and socioeconomic status;
24-20 (4) an evaluation of the correlation between student
24-21 grades and student performance on academic skills assessment
24-22 instruments required by Section 39.023;
24-23 (5) a statement of the dropout rate of students in
24-24 grade levels 7 through 12, expressed in the aggregate and by grade
24-25 level, and a statement of the completion rates of students for
24-26 grade levels 9 through 12;
24-27 (6) a statement of the projected cross-sectional and
25-1 longitudinal dropout rates for grade levels 7 through 12 for the
25-2 next five years, assuming no state action is taken to reduce the
25-3 dropout rate;
25-4 (7) a description of a systematic plan for reducing
25-5 the projected cross-sectional and longitudinal dropout rates to
25-6 five percent or less for the 1997-1998 school year;
25-7 (8) a summary of the information required by Section
25-8 29.083 regarding grade level retention of students;
25-9 (9) a list of each school district or campus that does
25-10 not satisfy performance standards, with an explanation of the
25-11 actions taken by the commissioner to improve student performance in
25-12 the district or campus and an evaluation of the results of those
25-13 actions;
25-14 (10) an evaluation of the status of the curriculum
25-15 taught in public schools, with recommendations for legislative
25-16 changes necessary to improve or modify the curriculum required by
25-17 Section 28.002;
25-18 (11) a description of all funds received by and each
25-19 activity and expenditure of the agency;
25-20 (12) a summary and analysis of the compliance of
25-21 school districts with administrative cost ratios set by the
25-22 commissioner under Section 42.201, including any improvements and
25-23 cost savings achieved by school districts;
25-24 (13) a summary of the effect of deregulation,
25-25 including exemptions and waivers granted under Section 7.056 or
25-26 39.112;
25-27 (14) a statement of the total number and length of
26-1 reports that school districts and school district employees must
26-2 submit to the agency, identifying which reports are required by
26-3 federal statute or rule, state statute, or agency rule, and a
26-4 summary of the agency's efforts to reduce overall reporting
26-5 requirements;
26-6 (15) a list of each school district that is not in
26-7 compliance with state special education requirements, including:
26-8 (A) the period for which the district has not
26-9 been in compliance;
26-10 (B) the manner in which the agency considered
26-11 the district's failure to comply in determining the district's
26-12 accreditation status; and
26-13 (C) an explanation of the actions taken by the
26-14 commissioner to ensure compliance and an evaluation of the results
26-15 of those actions; and
26-16 (16) any additional information considered important
26-17 by the commissioner or the State Board of Education.
26-18 SECTION 16. Subsection (b), Section 822.201, Government
26-19 Code, is amended to read as follows:
26-20 (b) "Salary and wages" as used in Subsection (a) means:
26-21 (1) normal periodic payments of money for service the
26-22 right to which accrues on a regular basis in proportion to the
26-23 service performed;
26-24 (2) amounts by which the member's salary is reduced
26-25 under a salary reduction agreement authorized by Chapter 610;
26-26 (3) amounts that would otherwise qualify as salary and
26-27 wages under Subdivision (1) but are not received directly by the
27-1 member pursuant to a good faith, voluntary written salary reduction
27-2 agreement in order to finance payments to a deferred compensation
27-3 or tax sheltered annuity program specifically authorized by state
27-4 law or to finance benefit options under a cafeteria plan qualifying
27-5 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
27-6 Section 125)], if:
27-7 (A) the program or benefit options are made
27-8 available to all employees of the employer; and
27-9 (B) the benefit options in the cafeteria plan
27-10 are limited to one or more options that provide deferred
27-11 compensation, group health and disability insurance, group term
27-12 life insurance, dependent care assistance programs, or group legal
27-13 services plans;
27-14 (4) performance pay awarded to an employee by a school
27-15 district as part of a total compensation plan approved by the board
27-16 of trustees of the district and meeting the requirements of
27-17 Subsection (e); [and]
27-18 (5) the benefit replacement pay a person earns under
27-19 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
27-20 74th Legislature, 1995, except as provided by Subsection (c); and
27-21 (6) stipends paid to teachers in accordance with
27-22 Section 21.410 or 21.411, Education Code.
27-23 SECTION 17. (a) The State Board for Educator Certification
27-24 shall propose rules establishing requirements and prescribing an
27-25 examination for master mathematics teacher certification as
27-26 required by Section 21.0482, Education Code, as added by this Act,
27-27 not later than January 1, 2003.
28-1 (b) Beginning with the 2003-2004 school year:
28-2 (1) the commissioner of education shall pay grants
28-3 under Section 21.411, Education Code, as added by this Act; and
28-4 (2) school districts receiving grants shall pay
28-5 stipends to certified master mathematics teachers under Section
28-6 21.411, Education Code, as added by this Act.
28-7 SECTION 18. Before the 2005-2006 school year, the Texas
28-8 Education Agency shall field-test assessment instruments required
28-9 to be adopted or developed under Section 39.023(m), Education Code,
28-10 as added by this Act. Not later than the 2005-2006 school year,
28-11 the Texas Education Agency shall adopt or develop and the State
28-12 Board of Education shall administer those assessment instruments.
28-13 SECTION 19. Each school district shall have its dropout
28-14 records audited as required by Section 39.055, Education Code, as
28-15 added by this Act, beginning with dropout records for the 2001-2002
28-16 school year.
28-17 SECTION 20. Not later than February 1, 2002, the Texas
28-18 Education Agency shall:
28-19 (1) develop a training program for public accountants
28-20 and certified public accountants in auditing public school dropout
28-21 records as provided under Section 39.055, Education Code, as added
28-22 by this Act; and
28-23 (2) make the training program readily available to
28-24 public accountants and certified public accountants throughout this
28-25 state.
28-26 SECTION 21. (a) Except as provided by Subsection (b) of
28-27 this section, this Act takes effect immediately if it receives a
29-1 vote of two-thirds of all the members elected to each house, as
29-2 provided by Section 39, Article III, Texas Constitution. If this
29-3 Act does not receive the vote necessary for immediate effect, this
29-4 Act takes effect September 1, 2001.
29-5 (b) Sections 10, 11, and 15 of this Act take effect
29-6 September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1144 was passed by the House on May
8, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1144 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1144 was passed by the Senate, with
amendments, on May 21, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor