SRC-TAG H.B. 447 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 447
By: Hochberg (Zaffirini)
Education
5/19/2003
Engrossed


DIGEST AND PURPOSE 

A special education student can be exempted from the Texas Assessment of
Knowledge and Skills (TAKS) and given an alternative assessment instrument
if the student receives  modified instruction in the essential knowledge
and skills and the TAKS would not provide an appropriate measure of
student achievement.   H.B. 447 provides that a special education student
must receive modified instruction in the essential knowledge and skills
for the assessed subject in order to be assessed with the alternative
assessment instrument.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.023(b), Education Code, to require the Texas
Education Agency to develop or adopt appropriate criterion-referenced
assessment instruments to be administered to each student in a special
education program under Subchapter A, Chapter 29, who receives modified
instruction in the essential knowledge and skills identified under Section
28.002 for the assessed subject but for whom an assessment instrument
adopted under Subsection (a), even with allowable modifications, would not
provide an appropriate measure of student achievement, as determined by
the student's admission, review, and dismissal committee. Makes
nonsubstantive changes. 

SECTION 2.  Reenacts Section 39.051(b), Education Code,  as amended by
Chapters 8, 725, 834, and 1420, Acts of the 77th Legislature, Regular
Session 2001, and amends it as follows:  

(b)  Requires  the performance indicators to be based on information that
is disaggregated by race, ethnicity, gender, and socioeconomic status and
to include the percentage of students in a special education program under
Subchapter A, Chapter 29, assessed through assessment instruments
developed and adopted under Section 39.023 (b). Deletes text requiring the
performance indicators to include the percentage of students taking end of
course assessment instrument adopted under Section 39.023(d).  Makes
conforming changes.  

SECTION 3.  Amends Section 39.075(a), Education Code, to require the
commissioner of education (commissioner) to authorize special
accreditation investigations to be conducted under certain conditions,
including when excessive numbers of students in special education programs
under Subchapter A, Chapter 29, are assessed through instruments developed
or adopted under Section 39.023(b).  

SECTION 4.  Provides that Sections 1 and 2 apply beginning with the
2003-2004 school year. Provides that Section 3 applies beginning with the
2004-2005 school year. 

SECTION 5.  Effective date: Provides that Section 3 takes effect September
1, 2004. 
   
  Section 1 and 2 take effect upon passage or September 1, 2003.