78S40041 SLO-D

By:  Madden                                                       H.B. No. 10 



A BILL TO BE ENTITLED

AN ACT

relating to the measurement of a student's performance gain on 
certain assessment instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 39, Education Code, is 
amended by adding Section 39.034 to read as follows:
	Sec. 39.034.  PERFORMANCE GAIN ON ASSESSMENT 
INSTRUMENTS.  (a)  The agency shall develop a method for measuring 
a student's performance gain over a three-year period on assessment 
instruments administered under Sections 39.023(a)(1) and (2).
	(b)  This section expires August 1, 2007.                               
	SECTION 2.  Section 39.051, Education Code, is amended by 
adding Subsection (b-1) to read as follows:
	(b-1)  The indicators adopted under Subsection (a) must 
include each student's performance gain over a three-year period on 
assessment instruments administered under Sections 39.023(a)(1) 
and (2) as provided by Section 39.034.  This subsection expires 
August 1, 2007.
	SECTION 3.  Section 39.052, Education Code, is amended by 
adding Subsection (b-1) to read as follows:
	(b-1)  The report card shall also include the academic 
excellence indicator adopted under Section 39.051(b-1).  This 
subsection expires August 1, 2007.
	SECTION 4.  Section 39.072, Education Code, is amended by 
adding Subsection (b-1) to read as follows:
	(b-1)  The academic excellence indicator adopted under 
Section 39.051(b-1) shall also be a consideration of the agency in 
the rating of the district under this section.  This subsection 
expires August 1, 2007.
	SECTION 5.  This Act applies beginning with the 2004-2005 
school year.  The Texas Education Agency shall measure a student's 
performance gain as required by Section 39.034, Education Code, as 
added by this Act, beginning with assessment instruments 
administered during the 2002-2003 school year in order to measure a 
student's three-year performance gain in the 2004-2005 school year.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.