SRC-TAG S.B. 1056 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1056
78R2843 ESH-DBy: Van de Putte
Education
4/14/2003
As Filed


DIGEST AND PURPOSE 

Current law requires that students pass the TAKS test in English language
arts, mathematics, social studies and science in order to graduate from
high school, with the beginning of the 20042005 school year.  Some believe
that the current law places too much emphasis on individual test scores,
while failing to take the students' entire record into consideration.  As
proposed, S.B. 1056 gives high school students an alternative way to
graduate, by using a multiple of compensatory criteria.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 2 (Section 28.0252, Education Code)  of this code. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends and reenacts Sections 28.025(a), (c), and (d),
Education Code, as amended by Chapters 187 and 834, Acts of the 77th
legislature, Regular Session, 2001, as follows: 

 (a)  No changes in this section.

(c)  Authorizes a student, if the student is not eligible to receive a
diploma under Section 28.0251 , to graduate and receive a diploma only if
the student successfully completes the curriculum requirements identified
by the State Board of Education (SBOE) under Subsection (a) and meets the
alternative graduation criteria prescribed under Section 28.0252.  Makes
nonsubstantive changes.    

(d)  Authorizes a school district to issue a certificate of course-work
completion to a student who successfully completes the curriculum
requirements identified by SBOE under Subsection (a) but who fails to
comply with Section 39.025(a) or the alternative graduation criteria under
Section 28.0252. 

SECTION 2.  Amends Subchapter B, Chapter 28, Education Code, by adding
Section 28.0252, as follows: 

Sec.  28.0252.   ALTERNATIVE GRADUATION CRITERIA.  (a)  Requires the
commissioner of education (commissioner) by rule to prescribe alternative
graduation criteria that a student may meet to graduate and receive a
diploma without complying with Section 39.025(a). Requires the alternative
graduation criteria to be compensatory criteria.  Requires the alternative
graduation criteria for a student include certain data. 

(b)  Requires a committee composed of student's high school principal or
the principal's designee and two certified teachers in the student's
school district who teach at the high school level to determine whether a
student who has not complied with Section 39.025(a) has met the
alternative graduation criteria prescribed under Subsection (a).  Requires
the commissioner to adopt rules relating to the selection and operation of
a committee under this subsection, including the method by which the
committee must notify the student and the  student's high school registrar
of the committee's decision.  

(c)  Requires a committee established under Subsection (b) to determine
whether a student who has not complied with Section 39.025(a) has met the
alternative graduation criteria prescribed under Subsection (a): 

(1)  Following the first administration to the student of the assessment
instruments specified in Section 39.025(a); 

(2)  on written request of the student's parent or guardian, not more than
one time in each school year following the school year in which the
assessment instruments specified in Section 39.025(a) are first
administered to the student; and 

     (3)  when the principal of the student's high school, or the
principal's        designee, determines that the student is within one
month of completing each requirement for a high school diploma other than
compliance with Section 39.025(a). 

SECTION 3.  (a)  Provides that Section 28.025, Education Code, as amended
by this Act, and Section 28.0252, Education Code, as added by this Act,
apply beginning with the 2004-2005 school year. 

(b)  Requires the commissioner of education, by June 1, 2004, to adopt
rules as required by Sections 28.0252(a) and (b), Education Code, as added
by this Act. 

SECTION 4.  Effective date:  September 1, 2003.