S.B. 1470 78(R)    BILL ANALYSIS


S.B. 1470
By: West
Public Education
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, there is a necessity to modify the high school equivalency
program (HSEP) in order to more effectively assess a student's knowledge.
The HSEP funding requirement has proven to be a disincentive for numerous
high schools and HSEP fails to ensure accountability due to its lacks of
performance standards. S.B. 1470 modifies the high school equivalency
program operated by a school district or open-enrollment charter school.  

     
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

S. B. 1470 amends the Education Code to permit any school district or
open-enrollment charter school to apply for authorization to operate a
program under the section on high school equivalency programs. The bill
deletes language that restricts such authorization to school districts or
open-enrollment charter schools that on May 1, 2001, were operating a
similar program as authorized by the Texas Education Agency (agency). The
bill provides that a school district or open-enrollment charter school,
authorized by the commissioner of education (commissioner) on or before
August 31, 2003 to operate a program under Section 29.087, may continue to
operate that program. 

The bill provides that a student is eligible to participate in a high
school equivalency program if the student was ordered by a court under
Article 45.054, Code of Criminal Procedure, as added by Chapter 1514, Acts
of the 77th Legislature, Regular Session, 2001, or by the Texas Youth
Commission to meet certain requirements. The bill provides that a student
is eligible if, in addition to other conditions, at least two school years
have elapsed since the student first enrolled in ninth grade and the
student has accumulated less than one half, rather than a quarter, of the
credits required to graduate under the minimum graduation requirements of
the district or school. 

The bill requires that a student participating in a high school
equivalency program, other than one who has been ordered to participate by
the Texas Youth Commission, must have taken the Test of Adult Basic
Education (TABE) and performed satisfactorily on that test before entering
the program. The bill requires the he board of trustees or the governing
body operating the program to adopt a policy that establishes the level of
performance considered to be satisfactory. The bill deletes certain
current provisions relating to the performance on assessment instruments
of students participating in the  program. 

The bill repeals Section 29.087(o), Education Code relating to the
expiration date of the section on high school equivalency programs. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  
 
EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that a student is eligible if, in
addition to other conditions, at least two school years have elapsed since
the student first enrolled in ninth grade and the student has accumulated
less than one third of the credits required to graduate under the minimum
graduation requirements of the district or school. Committee Amendment No.
1 deletes certain language in Section 29.087(f) and provides that a
student participating in a high school equivalency program must have taken
the essential knowledge and skills assessment instruments for grade 9
before entering the program and must take each grade level assessment
instrument administered during the period in which the student is enrolled
in the program. Committee Amendment No. 1 prohibits a student
participating in the program from taking the high school equivalency
examination unless the student required assessment instruments.