1-1 By: Grusendorf, et al. (Senate Sponsor - Harris) H.B. No. 1144
1-2 (In the Senate - Received from the House May 9, 2001;
1-3 May 10, 2001, read first time and referred to Committee on
1-4 Education; May 11, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 May 11, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1144 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to public school accountability and to measures to improve
1-11 proficiency in certain subjects.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter A, Chapter 7, Education Code, is
1-14 amended by adding Section 7.006 to read as follows:
1-15 Sec. 7.006. COORDINATION OF RECORDS. The commissioner of
1-16 education and the commissioner of higher education shall ensure
1-17 that records relating to student performance held by the Texas
1-18 Education Agency and the Texas Higher Education Coordinating Board
1-19 are coordinated and maintained in standardized, compatible formats
1-20 that permit:
1-21 (1) the exchange of information between the agencies;
1-22 and
1-23 (2) the matching of individual student records so that
1-24 a student's academic performance may be assessed throughout the
1-25 student's educational career.
1-26 SECTION 2. Subchapter C, Chapter 7, Education Code, is
1-27 amended by adding Sections 7.058 and 7.059 to read as follows:
1-28 Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
1-29 PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,
1-30 the commissioner shall award to one or more institutions that have
1-31 demonstrated an ability to conduct science-based research on
1-32 effective instructional strategies that improve student performance
1-33 in mathematics a grant to be used to:
1-34 (1) develop and identify research on mathematics
1-35 skills acquisition and student learning in mathematics;
1-36 (2) monitor the effectiveness of professional
1-37 development institutes under Section 21.455 based on performance in
1-38 mathematics by the students of teachers who have attended an
1-39 institute;
1-40 (3) examine the effect of professional development
1-41 institutes on the classroom performance of teachers who have
1-42 attended an institute;
1-43 (4) identify common practices used at high-performing
1-44 school campuses that lead to improved student performance in
1-45 mathematics; and
1-46 (5) develop research on cognitive development in
1-47 children concerning mathematics skills development.
1-48 Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a)
1-49 From funds appropriated for the purpose, the commissioner shall
1-50 develop and make available a service that assists teachers in
1-51 providing and grading mathematics homework assignments. The
1-52 service may also assist teachers in providing and grading student
1-53 examinations.
1-54 (b) In making the service described by Subsection (a)
1-55 available, the commissioner shall consider all methods available
1-56 through advanced technology, especially methods using the Internet,
1-57 to distribute mathematics homework assignments and to provide
1-58 immediate assessment of a student's work on the assignment.
1-59 (c) Each homework assignment developed for the service:
1-60 (1) must be created with consideration for the
1-61 underlying mathematical skills required to be taught at the grade
1-62 level for which the assignment is designed;
1-63 (2) must be based on a step-by-step procedure for
1-64 solving mathematical problems provided by the assignment that may
2-1 be adapted to individual student and instructor needs;
2-2 (3) must be accompanied by a solution to each
2-3 mathematical problem assigned; and
2-4 (4) may be accompanied by other pedagogically valuable
2-5 material appropriate for a particular student.
2-6 SECTION 3. Subchapter B, Chapter 21, Education Code, is
2-7 amended by adding Section 21.0482 to read as follows:
2-8 Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION. (a)
2-9 To ensure that there are teachers with special training to work
2-10 with other teachers and with students in order to improve student
2-11 mathematics performance, the board shall establish:
2-12 (1) a master mathematics teacher certificate to teach
2-13 mathematics at elementary school grade levels;
2-14 (2) a master mathematics teacher certificate to teach
2-15 mathematics at middle school grade levels; and
2-16 (3) a master mathematics teacher certificate to teach
2-17 mathematics at high school grade levels.
2-18 (b) The board shall issue the appropriate master mathematics
2-19 teacher certificate to each eligible person.
2-20 (c) To be eligible for a master mathematics teacher
2-21 certificate, a person must:
2-22 (1) hold a teaching certificate issued under this
2-23 subchapter;
2-24 (2) have at least three years of teaching experience;
2-25 (3) satisfactorily complete a knowledge-based course
2-26 of instruction on the science of teaching children mathematics that
2-27 includes training in mathematics instruction and professional peer
2-28 mentoring techniques that, through scientific testing, have been
2-29 proven effective;
2-30 (4) perform satisfactorily on the appropriate master
2-31 mathematics teacher certification examination prescribed by the
2-32 board; and
2-33 (5) satisfy any other requirements prescribed by the
2-34 board.
2-35 (d) The course of instruction prescribed under Subsection
2-36 (c)(3) shall be developed by the board in consultation with
2-37 mathematics and science faculty members at institutions of higher
2-38 education.
2-39 SECTION 4. Subchapter I, Chapter 21, Education Code, is
2-40 amended by adding Section 21.411 to read as follows:
2-41 Sec. 21.411. MASTER MATHEMATICS TEACHER GRANT PROGRAM. (a)
2-42 The commissioner shall establish a master mathematics teacher grant
2-43 program to encourage teachers to:
2-44 (1) become certified as master mathematics teachers;
2-45 and
2-46 (2) work with other teachers and with students in
2-47 order to improve student mathematics performance.
2-48 (b) From funds appropriated for the purpose, the
2-49 commissioner shall make grants to school districts as provided by
2-50 this section to pay stipends to selected certified master
2-51 mathematics teachers who teach at high-need campuses.
2-52 (c) The commissioner shall annually identify each high-need
2-53 campus in a school district using criteria established by the
2-54 commissioner by rule, including performance on the mathematics
2-55 assessment instrument administered under Section 39.023. The
2-56 commissioner shall also use the criteria to rank campuses in order
2-57 of greatest need.
2-58 (d) A school district may apply to the commissioner for
2-59 grants for each high-need campus identified by the commissioner to
2-60 be used to pay stipends to certified master mathematics teachers in
2-61 accordance with this section. Unless reduced under Subsection (g)
2-62 or (i), each grant is in the amount of $5,000. The commissioner
2-63 shall approve the application if the district:
2-64 (1) applies within the period and in the manner
2-65 required by rule adopted by the commissioner; and
2-66 (2) agrees to use each grant only for the purpose of
2-67 paying a year-end stipend to a master mathematics teacher:
2-68 (A) who holds the appropriate certificate issued
2-69 under Section 21.0482;
3-1 (B) who teaches in a position prescribed by the
3-2 district at a high-need campus identified by the commissioner;
3-3 (C) whose primary duties include:
3-4 (i) teaching mathematics; and
3-5 (ii) serving as a mathematics teaching
3-6 mentor to other teachers for the amount of time and in the manner
3-7 established by the district and by rule adopted by the
3-8 commissioner; and
3-9 (D) who satisfies any other requirements
3-10 established by rule adopted by the commissioner.
3-11 (e) Unless reduced under Subsection (g) or (i), a stipend
3-12 under Subsection (d)(2) is in the amount of $5,000.
3-13 (f) The commissioner shall adopt rules for the distribution
3-14 of grants to school districts following the year of the initial
3-15 grant. A district that has been approved for a grant to pay a
3-16 stipend to a certified master mathematics teacher is not required
3-17 to reapply for a grant for two consecutive school years following
3-18 the year of the initial grant if the district:
3-19 (1) continues to pay a stipend as provided by
3-20 Subsection (g); and
3-21 (2) notifies the commissioner in writing, within the
3-22 period and in the manner prescribed by the commissioner, that the
3-23 circumstances on which the grant was based have not changed.
3-24 (g) The commissioner shall reduce payments to a school
3-25 district proportionately to the extent a teacher does not meet the
3-26 requirements under Subsection (d)(2) for the entire school year. A
3-27 district that employs more certified master mathematics teachers
3-28 than the number of grants available under this section shall select
3-29 the certified master mathematics teachers to whom to pay stipends
3-30 based on a policy adopted by the board of trustees of the district,
3-31 except that a district shall pay a stipend for two additional
3-32 consecutive school years to a teacher the district has selected for
3-33 and paid a stipend for a school year, who remains eligible for a
3-34 stipend under Subsection (d)(2), and for whom the district receives
3-35 a grant under this section for those years. A decision of the
3-36 district under this subsection is final and may not be appealed.
3-37 The district may not apportion among teachers a stipend paid for
3-38 with a grant the district receives under this section. The
3-39 district may use local money to pay additional stipends in amounts
3-40 determined by the district.
3-41 (h) A grant a school district receives under this section is
3-42 in addition to any funding the district receives under Chapter 42.
3-43 The commissioner shall distribute funds under this section with the
3-44 Foundation School Program payment to which the district is entitled
3-45 as soon as practicable after the end of the school year as
3-46 determined by the commissioner. A district to which Chapter 41
3-47 applies is entitled to the grants paid under this section. The
3-48 commissioner shall determine the timing of the distribution of
3-49 grants to a district that does not receive Foundation School
3-50 Program payments.
3-51 (i) This section does not create a property right to a grant
3-52 or stipend. A school district is entitled to a grant to carry out
3-53 the purposes of this section only to the extent the commissioner
3-54 makes the grant in accordance with this section and only to the
3-55 extent sufficient state funds are appropriated for those purposes.
3-56 If state funds are appropriated but are insufficient to fully fund
3-57 a grant, the commissioner shall reduce the grant paid to each
3-58 district and the district shall reduce the stipend the district
3-59 pays to each teacher under this section proportionately so that
3-60 each selected teacher receives the same amount of money.
3-61 (j) A decision of the commissioner concerning the amount of
3-62 money to which a school district is entitled under this section is
3-63 final and may not be appealed. Each district shall, in the manner
3-64 and at the time prescribed by the commissioner, provide to the
3-65 commissioner proof acceptable to the commissioner of the master
3-66 mathematics teacher certification of a teacher to whom the district
3-67 is paying a stipend under this section.
3-68 (k) The commissioner may audit the expenditure of money
3-69 appropriated for purposes of this section. A district's use of the
4-1 money appropriated for purposes of this section shall be verified
4-2 as part of the district audit under Section 44.008.
4-3 (l) A stipend a teacher receives under this section is not
4-4 considered in determining whether the district is paying the
4-5 teacher the minimum monthly salary under Section 21.402.
4-6 (m) The commissioner may adopt other rules as necessary to
4-7 implement this section.
4-8 SECTION 5. Subchapter J, Chapter 21, Education Code, is
4-9 amended by adding Sections 21.454 and 21.455 to read as follows:
4-10 Sec. 21.454. MATHEMATICS TRAINING. (a) The commissioner
4-11 shall develop training materials and other teacher training
4-12 resources for a school district to use in assisting mathematics
4-13 teachers in developing:
4-14 (1) expertise in the appropriate mathematics
4-15 curriculum; and
4-16 (2) comprehension of the instructional approaches
4-17 that, through scientific testing, have been proven effective in
4-18 improving student mathematics skills.
4-19 (b) The commissioner shall develop materials and resources
4-20 under this section in consultation with appropriate faculty members
4-21 at institutions of higher education.
4-22 (c) The commissioner shall make the training materials and
4-23 other teacher training resources required under Subsection (a)
4-24 available to mathematics teachers through a variety of mechanisms,
4-25 including distance learning, mentoring programs, small group
4-26 inquiries, computer-assisted training, and mechanisms based on
4-27 trainer-of-trainer models.
4-28 (d) The commissioner shall use funds appropriated for the
4-29 purpose to administer this section.
4-30 Sec. 21.455. PROFESSIONAL DEVELOPMENT INSTITUTES IN
4-31 MATHEMATICS. (a) The commissioner shall develop and make available
4-32 professional development institutes for teachers who provide
4-33 instruction in mathematics to students at the fifth through eighth
4-34 grade levels.
4-35 (b) A professional development institute developed under
4-36 this section must address:
4-37 (1) the underlying mathematical skills required to be
4-38 taught at the relevant grade levels; and
4-39 (2) mathematical instruction techniques that, through
4-40 scientific testing, have been proven effective.
4-41 (c) The commissioner shall develop professional development
4-42 institutes under this section in consultation with mathematics and
4-43 science faculty members at institutions of higher education.
4-44 (d) The commissioner shall adopt criteria for selection of
4-45 teachers authorized to attend a professional development institute
4-46 developed under this section.
4-47 (e) From funds appropriated for the purpose, the
4-48 commissioner shall pay a stipend to each teacher who completes a
4-49 professional development institute developed under this section.
4-50 The commissioner shall determine the amount of the stipend paid
4-51 under this subsection.
4-52 SECTION 6. Subchapter A, Chapter 28, Education Code, is
4-53 amended by adding Section 28.007 to read as follows:
4-54 Sec. 28.007. MATHEMATICS DIAGNOSIS. (a) Using funds
4-55 appropriated for the purpose, the commissioner shall develop and
4-56 make available or contract for the development and dissemination of
4-57 assessment instruments that a school district may use to diagnose
4-58 student mathematics skills. In developing the assessment
4-59 instruments, all assessment methods available through advanced
4-60 technology, including methods using the Internet or other computer
4-61 resources to provide immediate assessment of a student's skills
4-62 shall be considered.
4-63 (b) The results of assessment instruments developed under
4-64 Subsection (a) may not be used for purposes of appraisals and
4-65 incentives under Chapter 21 or accountability under Chapter 39.
4-66 SECTION 7. Subchapter C, Chapter 29, Education Code, is
4-67 amended by adding Section 29.087 to read as follows:
4-68 Sec. 29.087. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
4-69 INSTRUCTION PROGRAMS. (a) A school district may provide an
5-1 intensive after-school program or an intensive program during the
5-2 period that school is recessed for the summer to provide
5-3 mathematics instruction to:
5-4 (1) students who are not performing at grade level in
5-5 mathematics to assist those students in performing at grade level;
5-6 (2) students who are not performing successfully in a
5-7 mathematics course to assist those students in successfully
5-8 completing the course; or
5-9 (3) students other than those described by Subdivision
5-10 (1) or (2), as determined by the district.
5-11 (b) Before providing a program under this section, the board
5-12 of trustees of a school district must adopt a policy for:
5-13 (1) determining student eligibility for participating
5-14 in the program that:
5-15 (A) prescribes the grade level or course a
5-16 student must be enrolled in to be eligible; and
5-17 (B) provides for considering teacher
5-18 recommendations in determining eligibility;
5-19 (2) ensuring that parents of or persons standing in
5-20 parental relation to eligible students are provided notice of the
5-21 program;
5-22 (3) ensuring that eligible students are encouraged to
5-23 attend the program;
5-24 (4) ensuring that the program is offered at one or
5-25 more locations in the district that are easily accessible to
5-26 eligible students; and
5-27 (5) measuring student progress on completion of the
5-28 program.
5-29 (c) The commissioner by rule shall:
5-30 (1) prescribe a procedure that a school district must
5-31 follow to apply for and receive funding for a program under this
5-32 section;
5-33 (2) adopt guidelines for determining which districts
5-34 receive funding if there is not sufficient funding for each
5-35 district that applies;
5-36 (3) require each district providing a program to
5-37 report student performance results to the commissioner within the
5-38 period and in the manner prescribed by the rule; and
5-39 (4) based on district reports under Subdivision (3)
5-40 and any required analysis and verification of those reports,
5-41 disseminate to each district in this state information concerning
5-42 instructional methods that have proved successful in improving
5-43 student performance in mathematics.
5-44 (d) A program provided under this section shall be paid for
5-45 with funds appropriated for that purpose.
5-46 SECTION 8. Section 39.023, Education Code, is amended by
5-47 amending Subsections (e) and (i) and adding Subsections (d), (j),
5-48 and (m) to read as follows:
5-49 (d) The commissioner may participate in multistate efforts
5-50 to develop voluntary standardized end-of-course assessment
5-51 instruments. The commissioner by rule may require a school
5-52 district to administer an end-of-course assessment instrument
5-53 developed through the multistate efforts. The admission, review,
5-54 and dismissal committee of a student in a special education program
5-55 under Subchapter A, Chapter 29, shall determine whether any
5-56 allowable modification is necessary in administering to the student
5-57 an end-of-course assessment instrument or whether the student
5-58 should be exempted under Section 39.027(a)(2).
5-59 (e) Under rules adopted by the State Board of Education, the
5-60 agency shall release the questions and answer keys to each
5-61 assessment instrument administered under Subsection (a), (b), (c),
5-62 (d), or (l) after the last time the instrument is administered for
5-63 a school year. To ensure a valid bank of questions for use each
5-64 year, the agency is not required to release a question that is
5-65 being field-tested and was not used to compute the student's score
5-66 on the instrument. The agency shall also release, under board
5-67 rule, each question that is no longer being field-tested and that
5-68 was not used to compute a student's score.
5-69 (i) The provisions of this section, except Subsection (d),
6-1 are subject to modification by rules adopted under Section 39.022.
6-2 Each assessment instrument adopted under those rules and each
6-3 assessment instrument required under Subsection (d) must be
6-4 reliable and valid and must meet any applicable federal
6-5 requirements for measurement of student progress.
6-6 (j) The commissioner shall develop a standardized
6-7 end-of-course assessment instrument for Algebra I. The
6-8 commissioner by rule may require a school district to administer an
6-9 end-of-course assessment instrument in Algebra I. The admission,
6-10 review, and dismissal committee of a student in a special education
6-11 program under Subchapter A, Chapter 29, shall determine whether any
6-12 allowable modification is necessary in administering to the student
6-13 an end-of-course assessment instrument or whether the student
6-14 should be exempted under Section 39.027(a)(2).
6-15 (m) This subsection applies only to a student who is
6-16 determined to have dyslexia or a related disorder and who is an
6-17 individual with a disability under 29 U.S.C. Section 705(20) and
6-18 its subsequent amendments. The agency shall adopt or develop
6-19 appropriate criterion-referenced assessment instruments designed to
6-20 assess the ability of and to be administered to each student to
6-21 whom this subsection applies for whom the assessment instruments
6-22 adopted under Subsection (a), even with allowable modifications,
6-23 would not provide an appropriate measure of student achievement, as
6-24 determined by the committee established by the board of trustees of
6-25 the district to determine the placement of students with dyslexia
6-26 or related disorders. The committee shall determine whether any
6-27 allowable modification is necessary in administering to a student
6-28 an assessment instrument required under this subsection. The
6-29 assessment instruments required under this subsection shall be
6-30 administered on the same schedule as the assessment instruments
6-31 administered under Subsection (a).
6-32 SECTION 9. Subsection (b), Section 39.051, Education Code,
6-33 as amended by Chapters 396, 397, and 1422, Acts of the 76th
6-34 Legislature, Regular Session, 1999, is reenacted and amended to
6-35 read as follows:
6-36 (b) Performance on the indicators adopted under this section
6-37 shall be compared to state-established standards. The degree of
6-38 change from one school year to the next in performance on each
6-39 indicator adopted under this section shall also be considered. The
6-40 indicators must be based on information that is disaggregated with
6-41 respect to race, ethnicity, sex, and socioeconomic status and must
6-42 include:
6-43 (1) the results of assessment instruments required
6-44 under Sections 39.023(a), (c), and (l), aggregated by grade level
6-45 and subject area;
6-46 (2) dropout rates, including dropout rates and
6-47 district completion rates for grade levels 9 through 12;
6-48 (3) student attendance rates;
6-49 (4) the percentage of graduating students who attain
6-50 scores on the secondary exit-level assessment instruments required
6-51 under Subchapter B that are equivalent to a passing score on the
6-52 test instrument required under Section 51.306;
6-53 (5) the percentage of graduating students who meet the
6-54 course requirements established for the recommended high school
6-55 program by State Board of Education rule;
6-56 (6) the results of the Scholastic Assessment Test
6-57 (SAT), the American College Test, articulated postsecondary degree
6-58 programs described by Section 61.852, and certified workforce
6-59 training programs described by Chapter 311, Labor Code;
6-60 (7) the number of students, aggregated by grade level,
6-61 provided accelerated instruction under Section 28.0211(c), the
6-62 results of assessments administered under that section, the number
6-63 of students promoted through the grade placement committee process
6-64 under Section 28.0211, the subject of the assessment instrument on
6-65 which each student failed to perform satisfactorily, and the
6-66 performance of those students in the school year following that
6-67 promotion on the assessment instruments required under Section
6-68 39.023;
6-69 (8) for students who have failed to perform
7-1 satisfactorily on an assessment instrument required under Section
7-2 39.023(a) or (c), the numerical progress of those students on
7-3 subsequent assessment instruments required under those sections,
7-4 aggregated by grade level and subject area;
7-5 (9) the percentage of students exempted, by exemption
7-6 category, from the assessment program generally applicable under
7-7 this subchapter; and
7-8 (10) any other indicator the State Board of Education
7-9 adopts.
7-10 SECTION 10. Subsection (a), Section 39.053, Education Code,
7-11 as amended by Chapters 510 and 1417, Acts of the 76th Legislature,
7-12 Regular Session, 1999, is reenacted and amended to read as follows:
7-13 (a) Each board of trustees shall publish an annual report
7-14 describing the educational performance of the district and of each
7-15 campus in the district that includes uniform student performance
7-16 and descriptive information as determined under rules adopted by
7-17 the commissioner. The annual report must also include:
7-18 (1) campus performance objectives established under
7-19 Section 11.253 and the progress of each campus toward those
7-20 objectives, which shall be available to the public;
7-21 (2) the performance rating for the district as
7-22 provided under Section 39.072(a) and the performance rating of each
7-23 campus in the district as provided under Section 39.072(c); [and]
7-24 (3) the district's current special education
7-25 compliance status with the agency;
7-26 (4) [. In addition, the annual report must include] a
7-27 statement of the number, rate, and type of violent or criminal
7-28 incidents that occurred on each district campus, to the extent
7-29 permitted under the Family Educational Rights and Privacy Act of
7-30 1974 (20 U.S.C. Section 1232g);
7-31 (5) [,] information concerning school violence
7-32 prevention and violence intervention policies and procedures that
7-33 the district is using to protect students;
7-34 (6) [, and] the findings that result from evaluations
7-35 conducted under the Safe and Drug-Free Schools and Communities Act
7-36 of 1994 (20 U.S.C. Section 7101 et seq.) and its subsequent
7-37 amendments; and
7-38 (7) information received under Section 51.403(e) for
7-39 each high school campus in the district, presented in a form
7-40 determined by the commissioner.
7-41 SECTION 11. Subchapter C, Chapter 39, Education Code, is
7-42 amended by adding Section 39.055 to read as follows:
7-43 Sec. 39.055. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT.
7-44 (a) The board of trustees of each school district shall have the
7-45 district's dropout records audited annually at district expense by
7-46 a public accountant or certified public accountant who:
7-47 (1) is certified or registered, as appropriate, and
7-48 licensed under Chapter 901, Occupations Code;
7-49 (2) has successfully completed training provided by
7-50 the agency in auditing school dropout records; and
7-51 (3) is not an employee of the district.
7-52 (b) The audit of dropout records must be completed following
7-53 the end of each school year.
7-54 (c) The audit of dropout records must meet at least the
7-55 minimum requirements and be in the format prescribed by the
7-56 commissioner, subject to review and comment by the state auditor.
7-57 (d) The district shall submit a copy of the report of the
7-58 audit of dropout records, approved by the district's board of
7-59 trustees, to the agency. If the board of trustees declines or
7-60 refuses to approve the report, the board shall file with the agency
7-61 a copy of the report with the board's statement giving detailed
7-62 reasons for not approving the report. The district must submit a
7-63 copy of the report and any statement required by this subsection
7-64 not later than the 90th day after the last day permissible for
7-65 resubmission of information required under Section 42.006.
7-66 (e) The agency shall review each report of an audit of
7-67 dropout records. The commissioner shall notify the board of
7-68 trustees of a school district of any objection the commissioner has
7-69 to the district's report, any violation of sound accounting
8-1 practices or of a law or rule revealed by the report, or any
8-2 recommendation by the commissioner concerning the report. If the
8-3 report reflects that a penal law has been violated, the
8-4 commissioner shall notify the county attorney, district attorney,
8-5 or criminal district attorney, as appropriate, and the attorney
8-6 general. The commissioner is entitled to access to all district
8-7 records the commissioner considers necessary or appropriate for the
8-8 review, analysis, or approval of a report.
8-9 SECTION 12. (a) Subchapter D, Chapter 39, Education Code,
8-10 is amended by adding Section 39.0721 to read as follows:
8-11 Sec. 39.0721. VOLUNTARY GOLD PERFORMANCE RATING PROGRAM. (a)
8-12 In addition to district and campus performance ratings reported
8-13 under Section 39.072, the commissioner, in consultation with an
8-14 advisory committee appointed under this section, shall develop a
8-15 voluntary gold performance rating program based on enhanced
8-16 performance. The agency shall administer the program.
8-17 (b) Under the voluntary gold performance rating program, a
8-18 district or campus rated exemplary under Section 39.072 may apply
8-19 to the agency for an exemplary gold rating, a district or campus
8-20 rated recognized may apply for a recognized gold rating, and a
8-21 district or campus rated academically acceptable may apply for an
8-22 academically acceptable gold rating.
8-23 (c) The performance standards on which a voluntary gold
8-24 performance rating is based should include:
8-25 (1) student proficiency on:
8-26 (A) assessment instruments administered under
8-27 Sections 39.023(a), (c), and (l); and
8-28 (B) other measures of proficiency determined by
8-29 the commissioner;
8-30 (2) student performance on one or more nationally
8-31 recognized norm-referenced assessment instruments;
8-32 (3) improvement in student performance;
8-33 (4) in the case of middle or junior high school
8-34 campuses, student proficiency in mathematics, including algebra;
8-35 and
8-36 (5) in the case of high school campuses:
8-37 (A) the extent to which graduating students are
8-38 academically prepared to attend institutions of higher education;
8-39 (B) the percentage of students who take advanced
8-40 placement tests and student performance on those tests; and
8-41 (C) the percentage of students who take and
8-42 successfully complete college-level course work offered through
8-43 concurrent enrollment programs provided under agreements between
8-44 high schools and institutions of higher education.
8-45 (d) The advisory committee assisting the commissioner in
8-46 developing the voluntary gold performance rating program consists
8-47 of seven members appointed by the commissioner as follows:
8-48 (1) two public school teachers;
8-49 (2) two public school administrators; and
8-50 (3) three persons with experience in the area of
8-51 public school accountability.
8-52 (e) The commissioner may adopt rules as necessary to
8-53 implement and administer this section, including rules establishing
8-54 a procedure and form a district or campus must use in applying to
8-55 the agency for a voluntary rating.
8-56 (b) Not later than March 1, 2002, the commissioner of
8-57 education shall appoint members to the advisory committee for the
8-58 voluntary gold performance rating program as provided by Section
8-59 39.0721(d), Education Code, as added by Subsection (a) of this
8-60 section.
8-61 (c) Not later than March 30, 2006, the commissioner of
8-62 education shall complete development of the voluntary gold
8-63 performance rating program as provided by Section 39.0721,
8-64 Education Code, as added by Subsection (a) of this section, and
8-65 shall adopt any rules necessary for implementation and
8-66 administration of Section 39.0721, Education Code.
8-67 (d) Beginning with the 2006-2007 school year or an earlier
8-68 school year, the Texas Education Agency shall implement the
8-69 voluntary gold performance rating program under Section 39.0721,
9-1 Education Code, as added by Subsection (a) of this section.
9-2 SECTION 13. Section 39.131, Education Code, is amended by
9-3 adding Subsection (a-1) to read as follows:
9-4 (a-1) This subsection applies regardless of whether a
9-5 district has satisfied the accreditation criteria. If for a period
9-6 of one year or more a district has had a master or management team
9-7 assigned, the commissioner may appoint a board of managers composed
9-8 of residents of the district to exercise the powers and duties of
9-9 the board of trustees.
9-10 SECTION 14. Subsection (a), Section 39.182, Education Code,
9-11 is amended to read as follows:
9-12 (a) The agency shall prepare and deliver to the governor,
9-13 the lieutenant governor, the speaker of the house of
9-14 representatives, each member of the legislature, the Legislative
9-15 Budget Board, and the clerks of the standing committees of the
9-16 senate and house of representatives with primary jurisdiction over
9-17 the public school system a comprehensive report covering the
9-18 preceding two school years and containing:
9-19 (1) an evaluation of the achievements of the state
9-20 educational program in relation to the statutory goals for the
9-21 public education system under Section 4.002;
9-22 (2) an evaluation of the status of education in the
9-23 state as reflected by the academic excellence indicators adopted
9-24 under Section 39.051;
9-25 (3) a summary compilation of overall student
9-26 performance on academic skills assessment instruments required by
9-27 Section 39.023, aggregated by grade level, subject area, campus,
9-28 and district, with appropriate interpretations and analysis and
9-29 disaggregated by race, ethnicity, sex, and socioeconomic status;
9-30 (4) an evaluation of the correlation between student
9-31 grades and student performance on academic skills assessment
9-32 instruments required by Section 39.023;
9-33 (5) a statement of the dropout rate of students in
9-34 grade levels 7 through 12, expressed in the aggregate and by grade
9-35 level, and a statement of the completion rates of students for
9-36 grade levels 9 through 12;
9-37 (6) a statement of the projected cross-sectional and
9-38 longitudinal dropout rates for grade levels 7 through 12 for the
9-39 next five years, assuming no state action is taken to reduce the
9-40 dropout rate;
9-41 (7) a description of a systematic plan for reducing
9-42 the projected cross-sectional and longitudinal dropout rates to
9-43 five percent or less for the 1997-1998 school year;
9-44 (8) a summary of the information required by Section
9-45 29.083 regarding grade level retention of students;
9-46 (9) a list of each school district or campus that does
9-47 not satisfy performance standards, with an explanation of the
9-48 actions taken by the commissioner to improve student performance in
9-49 the district or campus and an evaluation of the results of those
9-50 actions;
9-51 (10) an evaluation of the status of the curriculum
9-52 taught in public schools, with recommendations for legislative
9-53 changes necessary to improve or modify the curriculum required by
9-54 Section 28.002;
9-55 (11) a description of all funds received by and each
9-56 activity and expenditure of the agency;
9-57 (12) a summary and analysis of the compliance of
9-58 school districts with administrative cost ratios set by the
9-59 commissioner under Section 42.201, including any improvements and
9-60 cost savings achieved by school districts;
9-61 (13) a summary of the effect of deregulation,
9-62 including exemptions and waivers granted under Section 7.056 or
9-63 39.112;
9-64 (14) a statement of the total number and length of
9-65 reports that school districts and school district employees must
9-66 submit to the agency, identifying which reports are required by
9-67 federal statute or rule, state statute, or agency rule, and a
9-68 summary of the agency's efforts to reduce overall reporting
9-69 requirements;
10-1 (15) a list of each school district that is not in
10-2 compliance with state special education requirements, including:
10-3 (A) the period for which the district has not
10-4 been in compliance;
10-5 (B) the manner in which the agency considered
10-6 the district's failure to comply in determining the district's
10-7 accreditation status; and
10-8 (C) an explanation of the actions taken by the
10-9 commissioner to ensure compliance and an evaluation of the results
10-10 of those actions; and
10-11 (16) any additional information considered important
10-12 by the commissioner or the State Board of Education.
10-13 SECTION 15. Subsection (b), Section 822.201, Government
10-14 Code, is amended to read as follows:
10-15 (b) "Salary and wages" as used in Subsection (a) means:
10-16 (1) normal periodic payments of money for service the
10-17 right to which accrues on a regular basis in proportion to the
10-18 service performed;
10-19 (2) amounts by which the member's salary is reduced
10-20 under a salary reduction agreement authorized by Chapter 610;
10-21 (3) amounts that would otherwise qualify as salary and
10-22 wages under Subdivision (1) but are not received directly by the
10-23 member pursuant to a good faith, voluntary written salary reduction
10-24 agreement in order to finance payments to a deferred compensation
10-25 or tax sheltered annuity program specifically authorized by state
10-26 law or to finance benefit options under a cafeteria plan qualifying
10-27 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
10-28 Section 125)], if:
10-29 (A) the program or benefit options are made
10-30 available to all employees of the employer; and
10-31 (B) the benefit options in the cafeteria plan
10-32 are limited to one or more options that provide deferred
10-33 compensation, group health and disability insurance, group term
10-34 life insurance, dependent care assistance programs, or group legal
10-35 services plans;
10-36 (4) performance pay awarded to an employee by a school
10-37 district as part of a total compensation plan approved by the board
10-38 of trustees of the district and meeting the requirements of
10-39 Subsection (e); [and]
10-40 (5) the benefit replacement pay a person earns under
10-41 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
10-42 74th Legislature, 1995, except as provided by Subsection (c); and
10-43 (6) stipends paid to teachers in accordance with
10-44 Section 21.410 or 21.411, Education Code.
10-45 SECTION 16. (a) The State Board for Educator Certification
10-46 shall propose rules establishing requirements and prescribing an
10-47 examination for master mathematics teacher certification as
10-48 required by Section 21.0482, Education Code, as added by this Act,
10-49 not later than January 1, 2003.
10-50 (b) Beginning with the 2003-2004 school year:
10-51 (1) the commissioner of education shall pay grants
10-52 under Section 21.411, Education Code, as added by this Act; and
10-53 (2) school districts receiving grants shall pay
10-54 stipends to certified master mathematics teachers under Section
10-55 21.411, Education Code, as added by this Act.
10-56 SECTION 17. Before the 2005-2006 school year, the Texas
10-57 Education Agency shall field-test assessment instruments required
10-58 to be adopted or developed under Section 39.023(m), Education Code,
10-59 as added by this Act. Not later than the 2005-2006 school year,
10-60 the Texas Education Agency shall adopt or develop and the State
10-61 Board of Education shall administer those assessment instruments.
10-62 SECTION 18. Each school district shall have its dropout
10-63 records audited as required by Section 39.055, Education Code, as
10-64 added by this Act, beginning with dropout records for the 2001-2002
10-65 school year.
10-66 SECTION 19. Not later than February 1, 2002, the Texas
10-67 Education Agency shall:
10-68 (1) develop a training program for public accountants
10-69 and certified public accountants in auditing public school dropout
11-1 records as provided under Section 39.055, Education Code, as added
11-2 by this Act; and
11-3 (2) make the training program readily available to
11-4 public accountants and certified public accountants throughout this
11-5 state.
11-6 SECTION 20. (a) Except as provided by Subsection (b) of
11-7 this section, this Act takes effect immediately if it receives a
11-8 vote of two-thirds of all the members elected to each house, as
11-9 provided by Section 39, Article III, Texas Constitution. If this
11-10 Act does not receive the vote necessary for immediate effect, this
11-11 Act takes effect September 1, 2001.
11-12 (b) Sections 9, 10, and 14 of this Act take effect September
11-13 1, 2001.
11-14 * * * * *