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78R4137 SLO-D

By:  Howard                                                       H.B. No. 1914


A BILL TO BE ENTITLED
AN ACT
relating to certain requirements relating to public school reading and mathematics instruction and textbooks. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.044, Education Code, is amended to read as follows: Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program. The board shall specify the minimum academic qualifications required for a certificate. (b) In this subsection, "essential components of reading instruction," "reading," and "scientifically based reading research" have the meanings assigned by Section 1208, No Child Left Behind Act of 2001 (20 U.S.C. Section 6368), and its subsequent amendments. The rules adopted by the board under Subsection (a) must require that for a person to obtain a certificate under which the person may teach at an elementary grade level or teach reading at any grade level, the person must complete training in reading instruction, including training in: (1) the essential components of reading instruction; (2) reading; (3) spelling; (4) grammar, punctuation, and capitalization skills; (5) the diagnosis of reading deficiencies; (6) strategies for early intervention in reading deficiencies; (7) scientifically based reading research on the manner in which children learn to read; (8) scientifically based reading research on the manner in which proficient readers read; (9) the structure of the English language; (10) the relationships among reading, writing, and spelling; (11) planning and delivering appropriate reading instruction based on assessment and evaluation; and (12) independent student reading of high quality books and the relationship of that reading to improved reading performance. SECTION 2. Section 21.045, Education Code, is amended by amending Subsection (c) and adding Subsection (a-1) to read as follows: (a-1) In this subsection, "essential components of reading instruction," "reading," and "scientifically based reading research" have the meanings assigned by Section 1208, No Child Left Behind Act of 2001 (20 U.S.C. Section 6368), and its subsequent amendments. In addition to the standards established by the board under Subsection (a), each educator preparation program must require that a candidate for a certificate to teach at an elementary grade level or to teach reading at any grade level must complete training in reading instruction, including training in: (1) the essential components of reading instruction; (2) reading; (3) spelling; (4) grammar, punctuation, and capitalization skills; (5) the diagnosis of reading deficiencies; (6) strategies for early intervention in reading deficiencies; (7) scientifically based reading research on the manner in which children learn to read; (8) scientifically based reading research on the manner in which proficient readers read; (9) the structure of the English language; (10) the relationships among reading, writing, and spelling; (11) planning and delivering appropriate reading instruction based on assessment and evaluation; and (12) independent student reading of high quality books and the relationship of that reading to improved reading performance. (c) The board shall propose rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs. At a minimum, performance standards must be based on Subsections [Subsection] (a) and (a-1). The board shall propose rules for the sanction of educator preparation programs and shall annually review the accreditation status of each educator preparation program. SECTION 3. Section 21.048(a), Education Code, is amended to read as follows: (a) In this subsection, "essential components of reading instruction," "reading," and "scientifically based reading research" have the meanings assigned by Section 1208, No Child Left Behind Act of 2001 (20 U.S.C. Section 6368), and its subsequent amendments. The board shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board. The rules must provide that the examination for a certificate under which a person may teach at an elementary grade level or teach reading at any grade level must assess mastery of reading instruction, including: (1) the essential components of reading instruction; (2) reading; (3) spelling; (4) grammar, punctuation, and capitalization skills; (5) the diagnosis of reading deficiencies; (6) strategies for early intervention in reading deficiencies; (7) scientifically based reading research on the manner in which children learn to read; (8) scientifically based reading research on the manner in which proficient readers read; (9) the structure of the English language; (10) the relationships among reading, writing, and spelling; (11) planning and delivering appropriate reading instruction based on assessment and evaluation; and (12) independent student reading of high quality books and the relationship of that reading to improved reading performance. SECTION 4. Section 21.451(a), Education Code, is amended to read as follows: (a) The staff development provided by a school district must be conducted in accordance with minimum standards developed by the commissioner for program planning, preparation, and improvement. The staff development: (1) must include training in: (A) technology; (B) conflict resolution; and (C) discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37; (2) must include training that: (A) relates to instruction of students with disabilities; and (B) is designed for educators who work primarily outside of the area of special education; [and] (3) must include, for teachers who teach reading at any grade level or special education, at least five days of training in the areas described by Section 21.044(b); and (4) may include instruction as to what is permissible under law, including opinions of the United States Supreme Court, in regard to prayers in public school. SECTION 5. Section 28.002, Education Code, is amended by adding Subsections (b-1) and (b-2) to read as follows: (b-1) The essential knowledge and skills of English language arts must include reading. The reading curriculum, based on scientifically based reading research, must be grade specific and increase in depth and complexity from one school year to the next, focus on core knowledge, and include essential components of reading instruction and instruction to promote reading. In this subsection, "essential components of reading instruction," "reading," and "scientifically based reading research" have the meanings assigned by Section 1208, No Child Left Behind Act of 2001 (20 U.S.C. Section 6368), and its subsequent amendments. (b-2) The essential knowledge and skills for mathematics for grades one through eight, based on scientific research, must be grade specific and increase in depth and complexity from one school year to the next, focus on core knowledge, and include basic computational knowledge and skills. SECTION 6. Section 31.023, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) For each subject and grade level, the State Board of Education shall adopt two lists of textbooks. The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications adopted by the State Board of Education, [and] contains material covering each element of the essential knowledge and skills of the subject and grade level as determined by the State Board of Education under Section 28.002 presented in an educationally effective manner as proven by scientifically based research, and is adopted under Section 31.024. The nonconforming list includes each textbook submitted for the subject and grade level that: (1) meets applicable physical specifications adopted by the State Board of Education; (2) contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level presented in an educationally effective manner as proven by scientifically based research; and (3) is adopted under Section 31.024. (a-1) In addition to the requirements of Subsection (a), to be placed on the conforming or nonconforming list, a reading textbook must include essential components of reading instruction and instruction to promote reading, as defined by Section 1208, No Child Left Behind Act of 2001 (20 U.S.C. Section 6368), and its subsequent amendments, and reflect an increase in depth and complexity from one school year to the next. (a-2) In addition to the requirements of Subsection (a), to be placed on the conforming or nonconforming list, a mathematics textbook for grade one or above through grade eight must contain instruction in basic computational skills that increases in depth and complexity from one school year to the next. SECTION 7. Subchapter B, Chapter 31, Education Code, is amended by adding Section 31.031 to read as follows: Sec. 31.031. TEACHER EDITIONS OF READING TEXTBOOKS. Each teacher edition of a reading textbook must address: (1) the structure of the English language; (2) the relationships among reading, writing, and spelling; (3) planning and delivering appropriate reading instruction based on assessment and evaluation; and (4) independent student reading of high quality books and the relationship of that reading to improved reading performance. SECTION 8. Sections 39.023(a) and (g), Education Code, are amended to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in pre-reading, reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in: (1) mathematics, annually in grades three through seven without the aid of technology and in grades eight through 11 with the aid of technology on any assessment instruments that include algebra; (2) reading, annually in grades three through nine; (3) writing, including spelling and grammar, in grades four and seven; (4) English language arts, in grade 10; (5) social studies, in grades eight and 10; [and] (6) science, in grades five and 10; and (7) pre-reading, including phoneme awareness, letter sound knowledge, and letter knowledge, in kindergarten. (g) The State Board of Education may adopt one appropriate, nationally recognized, norm-referenced assessment instrument in reading and mathematics to be administered to a selected sample of students in the spring. The board shall adopt one appropriate, nationally recognized, norm-referenced assessment instrument in basic reading and reading comprehension to be administered to all nonexempt students in grade three. Each [If adopted, a] norm-referenced assessment instrument must be a secured test. The state may pay the costs of purchasing and scoring the optional norm-referenced [adopted] assessment instrument and of distributing the results of that [the adopted] instrument to the school districts. The state shall pay the costs of purchasing and scoring the third-grade reading assessment instrument and of distributing the results of that instrument to the school districts. A district [that administers the norm-referenced test adopted under this subsection] shall report the results of each norm-referenced assessment instrument administered by the district under this subsection to the agency in a manner prescribed by the commissioner. SECTION 9. Notwithstanding the textbook review and adoption requirements under Section 31.022, Education Code, or the textbook review and adoption cycle the State Board of Education adopts under that section, the board shall review and adopt reading textbooks that satisfy requirements under Section 31.023, Education Code, as amended by this Act, and accompanying teacher edition reading textbooks that satisfy requirements under Section 31.031, Education Code, as added by this Act, as soon as practicable. SECTION 10. Sections 1-8 of this Act apply beginning with the 2003-2004 school year. SECTION 11. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.