SRC-AMY H.B. 1518 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1518
By: Dutton (West, Royce)
Education
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Having high school dropout rates affects the Texas economy and decreases
not only the state's future tax revenues but also its ability to attract
new business. Some believe that Texas' method of reporting dropouts has
obscured the dropout problem, resulting in the loss of federal grants for
certain school districts. H.B. 1518 requires the Texas Education Agency
(TEA) to evaluate the accelerated instruction program and to include an
analysis of the effectiveness of each dropout reduction program. This bill
also requires TEA to collect and report dropout and school completion data
and requires a dropout data oversight committee to review TEA's standards
and definitions for dropouts and students completing school.  H.B. 1518
requires the commissioner of education (commissioner) to adopt rules under
which the commissioner must grant a one-year exemption from audits related
to state compensatory education to a school district that consistently
achieves significant reductions in dropout rates, but prohibits the
commissioner from granting an exemption to a district that does not make
consistent significant progress in reducing its dropout rate. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 3 (Section 39.072, Education Code) and SECTION 4 (Section
42.152, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29.081(c), Education Code, to require the
accelerated instruction evaluation to include an analysis of the
effectiveness of each program described in the campus and district
improvement plans for reducing the disparities described by this
subsection. Requires the commissioner of education (commissioner) to
ensure that each school district complies with this subsection. 

SECTION 2.  Amends Subchapter C, Chapter 29, Education Code, by adding
Section 29.088, as follows: 

Sec. 29.088.  DROPOUT DATA OVERSIGHT COMMITTEE.  (a) Requires the dropout
data oversight committee to review the Texas Education Agency's (TEA)
standards and definitions for dropouts and students completing school
before the agency implements the standards and definitions.  Sets forth
the required composition of the committee. 

(b) Requires a committee member appointed by the governor, lieutenant
governor, or speaker of the house to represent the public and to have a
demonstrated interest in dropout prevention and public education. 

(c) Provides that the committee is subject to Chapter 2110 (State Agency
Advisory Committees), Government Code. 

SECTION 3.  Amends Section 39.072, Education Code, by adding Subsection
(d) to provide that for purposes of Subsection (c), a student who attends
a program serving students who are pregnant or who are parents that is
based at a single campus, but serves students from more than one campus,
is considered to be a student at the campus to which the student would
regularly be assigned.  Authorizes the commissioner to make rules to
implement this subsection and to  implement this subsection by an appeal
of the campus rating. 

SECTION 4.  Amends Sections 42.152(d) and (r), Education Code, as follows:

(d)  Requires TEA to systematically evaluate the effectiveness of
accelerated instruction and support programs provided under Section 29.081
(Compensatory, Intensive, and Accelerated Instruction) for students at
risk of dropping out of school.  Requires TEA to organize and share the
information it collects during its evaluation with local districts.
Requires the commissioner, if TEA cannot perform this evaluation with
existing resources, to withhold from the total amount appropriated for
allotments under this section an amount the commissioner determines is
necessary to perform the evaluation and  reduce each district's tier one
allotments in the manner described for a reduction in allotments under
Section 42.253 (Distribution of Foundation School Fund). 

(r) Requires the commissioner to adopt rules under which the commissioner
must grant a one-year exemption from the requirements of Subsection (q),
rather than (g), to a school district that consistently achieves
significant reductions in the disparity in performance between students
described by Section 29.081(d) (Compensatory, Intensive, and Accelerated
Instruction)  and all other students.  Prohibits the commissioner from
granting an exemption to a district that does not make consistent
significant progress in reducing its dropout rate.  Deletes text referring
to the group of students who have failed to perform satisfactorily in the
preceding school year on an assessment instrument who subsequently perform
on those assessment instruments at a level that meets or exceeds a level
prescribed by commissioner rule.  Requires the commissioner, based on the
most recent information available, each year to determine if a school
district is entitled to an exemption for the following school year and to
notify the district and the district's board of trustees of that
determination. 

SECTION 5.  (a) Provides that this Act takes effect beginning with the
2003-2004 school year. 

(b)  Requires certain elected officials and the state auditor, as soon as
practicable on or after the effective date of this Act, as provided by
Section 29.088, Education Code, as added by this Act to perform certain
duties. 

SECTION 6.  Effective date:  upon passage or September 1, 2003.