SRC-TAG S.B. 1097 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1097
By: Van de Putte
Education
4/7/2003
As Filed


DIGEST AND PURPOSE 

Currently, school districts are required to provide accelerated
instruction at a 1-to-10 ratio to every third grade child who fails the
Texas assessment instrument and requires that every third grade child who
fails the test three times not be allowed to advance to the fourth grade. 
As proposed, S.B. 1097 requires accelerated instruction to be provided to
students before the students may be retained at the third grade level in
public schools. 

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 Sections 28.0211(c) and (e), Education Code, as follows:

(c)  Requires the commissioner of education (commissioner), for purposes
of determining the performance of a district on the academic excellence
indicator adopted under Section 39.051(b)(7), to include evaluation of a
district's provision of accelerated instruction in accordance with this
subsection to students at the third grade level and to impose sanctions
under Chapter 39G, on a district that fails to comply with this subsection
in providing accelerated instruction to those students. 

(e)  Requires a student, who, after at least three attempts, fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) to be retained at the same grade level for the next school
year in accordance with Subsection (a), except as otherwise provided by
this subsection.  Makes a nonsubstantive change.  Prohibits a student from
being retained at the third grade level under this section unless a
district has provided the student with the accelerated instruction
required for the student under Subsection (c) in a manner that satisfies
the student/teacher ratio prescribed by Subsection (c) and has provided
any accelerated reading instruction required for the student under Section
28.006(g). 

SECTION 2.  Amends Section 28.006(j), Education Code, to require the
commissioner to evaluate the programs that fail to provide accelerated
reading instruction as required under Subsection (g) or to meet the
standard of performance under Section 39.051(b)(7) and to implement
sanctions under Chapter 39G.  

SECTION 3.  Provides that this Act applies to retention at the third grade
level in public schools based on assessment instruments administered
during or after the 2002-2003 school year. 

SECTION 4.  Effective date: upon passage or September 1, 2003.