SRC-JLB S.B. 1629 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1629
By: Shapiro
Education
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Education Agency is required to release the Texas
Assessment of Knowledge and Skills (TAKS) test administered each year, but
annual release is costly as it necessitates the development of a new
assessment instrument.  The State Board of Education (board) determines
the satisfactory level of student performance on the TAKS test, but the
board is not required to hear public testimony before setting that
standard.  As proposed, S.B. 1629 allows the commissioner of education to
determine if a version of the TAKS test can be used for a second school
year before it is released to the public and requires the board to hold a
public hearing at lest 30 days before the satisfactory performance level
on the TAKS test is changed. 

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 Section 39.023(e), Education Code, to require the Texas
Education Agency, except as provided in Subdivision (2), under rules
adopted by the State Board of Education (board), to release the questions
and answer keys to each assessment instrument administered under
Subsection (a)-(d) or (l) after the last time the instrument is
administered for a school year.  Authorizes the commissioner of education
to determine to use an assessment instrument for a second school year.
Provides that the questions and answer key to an assessment instrument to
be used for a second school year are not required to be released under
this section. 
 
SECTION 2.  Amends Section 39.024(a), Education Code, to require the
board, except as otherwise provided by this subsection, to determine the
level of performance considered to be satisfactory on an assessment
instrument administered under this subchapter.  Requires the board, not
later than 30 days before changing the level of performance considered to
be satisfactory on an assessment instrument, to hold a public hearing to
allow interested persons to present comments related to the proposed
change.  
 
SECTION 3.  Provides that unless otherwise determined by the board, the
level of performance considered to be satisfactory on an assessment
instrument is the level of performance determined by the board at its
November 2002 meeting.  Requires the board, if before September 1, 2003,
the board adopts a change in the level of performance considered to be
satisfactory on an assessment instrument, to hold a public hearing either
before or at the meeting at which the change is adopted. 

SECTION 4.  (a)  Effective date:  upon passage or September 1, 2003.
 
 (b)  Provides that Sections 1 and 2 of this Act take effect September 1,
2003. 
 
(c)  Provides that the change in law made by this Act to Section 39.023,
Government Code, applies to an assessment instrument administered during
the 2003-2004 school year or a subsequent school year.