By Delisi                                             H.B. No. 1646
         77R5738 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain restrictions concerning statewide assessment of
 1-3     academic skills of public school students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 39.024(c), Education Code, is amended to
 1-6     read as follows:
 1-7           (c)  The agency shall develop study guides for the assessment
 1-8     instruments administered under Sections 39.023(a) and (c).  To
 1-9     assist parents in providing assistance during the period that
1-10     school is recessed for summer, each school district shall
1-11     distribute the study guides to parents of students who do not
1-12     perform satisfactorily on one or more parts of an assessment
1-13     instrument administered under this subchapter.  The study guides
1-14     may not be used in a classroom as an instructional tool except in
1-15     connection with an intensive program of instruction prescribed by
1-16     Subsection (b).  The commissioner shall retain a portion of the
1-17     total amount of funds allotted under Section 42.152(a) that the
1-18     commissioner considers appropriate to finance the development and
1-19     distribution of the study guides and shall reduce each district's
1-20     allotment proportionately.
1-21           SECTION 2. Subchapter F, Chapter 39, Education Code, is
1-22     amended by adding Section 39.113 to read as follows:
1-23           Sec. 39.113.  CERTAIN AWARDS TO STUDENTS PROHIBITED. A school
1-24     district employee or any other person may not give to a student a
 2-1     material award that:
 2-2                 (1)  is based on the student's performance on an
 2-3     assessment instrument administered under Subchapter B; or
 2-4                 (2)  is in any other way related to an assessment
 2-5     instrument administered under Subchapter B.
 2-6           SECTION 3. This Act applies beginning with the 2001-2002
 2-7     school year.
 2-8           SECTION 4.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.