79R14764 SLO-D


By:  Howard                                                       H.B. No. 221

Substitute the following for H.B. No. 221:                                    

By:  Eissler                                                  C.S.H.B. No. 221



A BILL TO BE ENTITLED

AN ACT

relating to the reading curriculum used in public schools and to 
reading textbooks for public school students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.002(c), Education Code, is amended to 
read as follows:
	(c)  The State Board of Education, with the direct 
participation of educators, parents, business and industry 
representatives, and employers shall by rule identify the essential 
knowledge and skills of each subject of the required curriculum 
that all students should be able to demonstrate and that will be 
used in evaluating textbooks under Chapter 31 and addressed on the 
assessment instruments required under Subchapter B, Chapter 39.  
Reading must be included among the essential knowledge and skills 
of English language arts for grades one through eight.  The reading 
curriculum must be grade specific and increase in depth and 
complexity from one school year to the next, focus on core 
knowledge, and include phonemic awareness and systematic, explicit 
phonics and spelling knowledge and skills. As a condition of 
accreditation, the board shall require each district to provide 
instruction in the essential knowledge and skills at appropriate 
grade levels.
	SECTION 2.  Section 31.023(a), Education Code, is amended 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, and is adopted 
under Section 31.024.  To be placed on the conforming list, a 
reading textbook for grade one or above through grade eight must 
address phonemic awareness and must contain systematic, explicit 
phonics and spelling instruction that increases in depth and 
complexity from one school year to the next.  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; [and]
		(3)  is adopted under Section 31.024; and                              
		(4)  contains systematic, explicit phonics and 
spelling instruction that increases in depth and complexity from 
one school year to the next, in the case of a reading textbook for 
grade one or above through grade eight.
	SECTION 3.  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 
for grades one through eight that satisfy requirements under 
Section 31.023, Education Code, as amended by this Act, as soon as 
practicable after the effective date of this Act.
	SECTION 4.  Sections 1 and 2 of this Act apply beginning with 
the 2005-2006 school year.
	SECTION 5.  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, 2005.