78(R) SB 1108 Senate committee report

SRC-TAG C.S.S.B. 1108 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1108
By: Shapiro
Education
3/27/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 
 
Currently, Texas needs to focus on academic achievement in high schools.
According to the Closing the Gaps report, Texas must increase the number
of students completing bachelor's degrees from 57,000 to 104,000 by 2015
to place Texas above the national average.  C.S.S.B. 1108 establishes a
statewide standard for high-quality teachers; requires personal graduation
plans for students at risk of not receiving a diploma; permits students
who have performed poorly on statewide assessments to receive credit for
additional core courses in lieu of an elective enrichment course; requires
the development of an on-line diagnostic and assistance program in each
TAKS subject area to help students prepare for the 11th grade exit-level
test administration; and allows participation in an innovative redesign
project as one of the options to improve lowperforming schools. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 21.005, Education Code) of this bill. 

Rulemaking authority is expressly granted to the State Board of Education
in SECTION 2 (Section 28.002(d-1), Education Code) of this bill. 


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21A, Education Code, by adding Section 21.005,
as follows: 

Sec.  21.005.  HIGH-QUALITY TEACHERS.  Authorizes the commissioner of
education (commissioner) by rule to establish a statewide standard to be
used to certify each school district that is preparing, training, and
recruiting high-quality teachers in a manner consistent with the No Child
Left Behind Act of 2001 (Pub. L. No. 107-110).  

SECTION 2.  Amends Section 28.002, Education Code, by adding Subsection
(d-1), as follows: 

(d-1)  Authorizes the State Board of Education by rule to allow a high
school student to substitute a foundation curriculum, if the student is at
risk of dropping out of school because of poor performance on an
assessment instrument administered under Section 39.023(a), (c) or (1), in
addition to any foundation curriculum  courses otherwise required for high
school graduation, for an elective enrichment curriculum course otherwise
required for high school graduation  as necessary to improve the student's
performance on the assessment instrument.  Provides that a student
enrolled in a foundation curriculum course under this subsection is
entitled to receive credit for purposes of high school graduation
requirements as if the student were enrolled in an enrichment curriculum
course.  

SECTION 3.  Amends Chapter 28B, Education Code, by adding Sections 28.0212
and 28.0213, as follows:  

Sec.  28.0212.  PERSONAL GRADUATION PLAN.  (a)   Requires a principal to
designate a guidance counselor, teacher, or other appropriate individual
to develop and administer a personal graduation plan for each student
enrolled in a junior, middle, or  high school who fails to meet certain
standards. 

  (b)  Requires a personal graduation plan to meet certain requirements.

(c)  Authorizes a student's individualized education program developed
under Section 29.005 to be used as the student's personal graduation plan
under this section, notwithstanding Subsection (b). 

Sec.  28.0213.  INTENSIVE INSTRUCTION PROGRAM.  (a)  Requires a school
district to offer an intensive instruction program for each student who
does not perform satisfactorily on an assessment instrument administered
under Chapter 39B.  

(b)  Requires the school district, for a student who does not perform
satisfactorily on an assessment instrument administered under Section
39.023(a), (c), or (1), to design a program that enables the student to
meet certain standards and, if applicable, carries out the purposes of
Section 28.0211.   

(c)  Requires  the student's admission, review, and dismissal committee to
design for a student in a special education program under Chapter 29A, who
does not perform satisfactorily on an assessment instrument administered
under Section 39.023(a), (b), or (c), a program that enables the student
to attain a standard of annual growth on the basis of the student's
individualized education program and, if applicable, carries out the
purposes of Section 28.0211.  

SECTION 4.  Amends Chapter 29Z, Education Code, by adding Section 29.908,
as follows: 

Sec.  29.908.  PROGRAMS OF MUTUAL BENEFIT.  (a)  Requires the
commissioner, in coordination with appropriate representatives of
institutions of higher education and school districts to develop a
diagnostic and assistance program for each subject assessed by an
assessment instrument under Section 39.023(c) and other academic programs
of mutual benefit to school districts and institutions of higher
education.   

(b)  Requires the commissioner to make available on the Internet each
diagnostic and assistance program developed under Subsection (a)(1). 

SECTION 5.  Amends Section 39.131(b), Education Code, to authorize the
commissioner to permit a low-performing campus to participate in an
innovative redesign of the campus to improve campus performance or to take
certain actions, listed in order of severity, to the extent the
commissioner determines necessary.  

SECTION 6.  Amends Section 42.152(e), Education Code, to authorize the
commissioner to retain a portion of the total amount allotted under
Subsection (a) that the commissioner considers appropriate to finance
intensive instruction programs under Section 28.0213 and study guides
provided under Section 39.024(c), rather than Sections 39.024(b) and (c). 

SECTION 7.  Repealer: Section 39.024(b), Education Code, (regarding
intensive programs of instruction for certain students). 

SECTION 8.  Provides that this Act applies beginning with the 2003-2004
school year, except that the commissioner of education shall make
available by the beginning of the 2004-2005 school year the programs
developed under Section 29.908(a)(1), Education Code, as added by this
Act. 

SECTION 9.  Effective date: upon passage or September 1, 2003.

SUMMARY OF COMMITTEE CHANGES
 
SECTION 3.  Differs from the original bill in proposed Section 28.0212(a)
by replacing the phrase "A school district shall adopt and administer"
with "A principle shall designate a  guidance counselor, teacher, or other
appropriate individual to develop and administer." 

Differs from the original bill in proposed Section 28.0212 by adding a new
Subsection (c).   

Differs from the original bill in proposed Section 28.0213(c) by adding
the phrase "For a student in a special education program under Chapter
29A" to the subsection.  

Differs from the original bill in proposed Section 28.0213(c) by adding a
reference to Subsection (a) or (c) regarding the assessment administered
under Section 39.023.