By: Zaffirini  S.B. No. 1871
         (In the Senate - Filed March 9, 2007; March 22, 2007, read
  first time and referred to Committee on Education; April 11, 2007,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 7, Nays 0; April 11, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1871 By:  Van de Putte
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the compilation and reporting by the Texas Education
  Agency of certain student data disaggregated by the instruction
  method used.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 29, Education Code, is
  amended by adding Section 29.066 to read as follows:
         Sec. 29.066.  PEIMS REPORTING REQUIREMENTS. (a)  A school
  district that offers bilingual education or special language
  programs shall include the following information in the district's
  Public Education Information Management System (PEIMS) report:
               (1)  demographic information, as determined by the
  commissioner, on students enrolled in district bilingual education
  or special language programs; and
               (2)  the number and percentage of students enrolled in
  each instructional model of a bilingual education or special
  language program offered by the district.
         (b)  For purposes of this section, the commissioner shall
  adopt rules to classify programs under this section as follows:
               (1)  if the program is a bilingual education program,
  the program must be classified under the Public Education
  Information Management System (PEIMS) report as:
                     (A)  transitional bilingual/early exit;
                     (B)  transitional bilingual/late exit;
                     (C)  dual language immersion/two-way; or
                     (D)  dual language immersion/one-way; and
               (2)  if the program is a special language program, the
  program must be classified under the Public Education Information
  Management System (PEIMS) report as:
                     (A)  English as a second language/self-contained;
  or
                     (B)  English as a second language/pull-out.
         SECTION 2.  Subsection (e), Section 39.027, Education Code,
  is amended to read as follows:
         (e)  The commissioner shall develop an assessment system
  that shall be used for evaluating the academic progress, including
  reading proficiency in English, of all students of limited English
  proficiency, as defined by Section 29.052. A student who is exempt
  from the administration of an assessment instrument under
  Subsection (a)(3) or (4) who achieves reading proficiency in
  English as determined by the assessment system developed under this
  subsection shall be administered the assessment instruments
  described by Sections 39.023(a) and (c). The performance under the
  assessment system developed under this subsection of students to
  whom Subsection (a)(3) or (4) applies shall be included in the
  academic excellence indicator system under Section 39.051, the
  performance report under Section 39.053, and the comprehensive
  annual report under Section 39.182. This information shall be
  provided in a manner that is disaggregated by the bilingual
  education or special language program, if any, in which the student
  is enrolled.
         SECTION 3.  Section 39.051, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Performance on the indicators described by
  Subsections (b)(1), (2), (3), (8), (9), (11), and (14) must be based
  on information that is disaggregated by the bilingual education or
  special language program, if any, in which students of limited
  English proficiency, as defined by Section 29.052, are or former
  students of limited English proficiency were enrolled.
         SECTION 4.  Section 39.182, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  Not later than December 1 of each year, the agency shall
  prepare and deliver to the governor, the lieutenant governor, the
  speaker of the house of representatives, each member of the
  legislature, the Legislative Budget Board, and the clerks of the
  standing committees of the senate and house of representatives with
  primary jurisdiction over the public school system a comprehensive
  report covering the preceding school year and containing:
               (1)  an evaluation of the achievements of the state
  educational program in relation to the statutory goals for the
  public education system under Section 4.002;
               (2)  an evaluation of the status of education in the
  state as reflected by the academic excellence indicators adopted
  under Section 39.051;
               (3)  a summary compilation of overall student
  performance on academic skills assessment instruments required by
  Section 39.023 with the number and percentage of students exempted
  from the administration of those instruments and the basis of the
  exemptions, aggregated by grade level, subject area, campus, and
  district, with appropriate interpretations and analysis, and
  disaggregated by race, ethnicity, gender, and socioeconomic
  status;
               (4)  a summary compilation of overall performance of
  students placed in a disciplinary alternative education program
  established under Section 37.008 on academic skills assessment
  instruments required by Section 39.023 with the number of those
  students exempted from the administration of those instruments and
  the basis of the exemptions, aggregated by district, grade level,
  and subject area, with appropriate interpretations and analysis,
  and disaggregated by race, ethnicity, gender, and socioeconomic
  status;
               (5)  a summary compilation of overall performance of
  students at risk of dropping out of school, as defined by Section
  29.081(d), on academic skills assessment instruments required by
  Section 39.023 with the number of those students exempted from the
  administration of those instruments and the basis of the
  exemptions, aggregated by district, grade level, and subject area,
  with appropriate interpretations and analysis, and disaggregated
  by race, ethnicity, gender, and socioeconomic status;
               (6)  an evaluation of the correlation between student
  grades and student performance on academic skills assessment
  instruments required by Section 39.023;
               (7)  a statement of the dropout rate of students in
  grade levels 7 through 12, expressed in the aggregate and by grade
  level, and a statement of the completion rates of students for grade
  levels 9 through 12;
               (8)  a statement of:
                     (A)  the completion rate of students who enter
  grade level 9 and graduate not more than four years later;
                     (B)  the completion rate of students who enter
  grade level 9 and graduate, including students who require more
  than four years to graduate;
                     (C)  the completion rate of students who enter
  grade level 9 and not more than four years later receive a high
  school equivalency certificate;
                     (D)  the completion rate of students who enter
  grade level 9 and receive a high school equivalency certificate,
  including students who require more than four years to receive a
  certificate; and
                     (E)  the number and percentage of all students who
  have not been accounted for under Paragraph (A), (B), (C), or (D);
               (9)  a statement of the projected cross-sectional and
  longitudinal dropout rates for grade levels 9 through 12 for the
  next five years, assuming no state action is taken to reduce the
  dropout rate;
               (10)  a description of a systematic, measurable plan
  for reducing the projected cross-sectional and longitudinal
  dropout rates to five percent or less for the 1997-1998 school year;
               (11)  a summary of the information required by Section
  29.083 regarding grade level retention of students and information
  concerning:
                     (A)  the number and percentage of students
  retained; and
                     (B)  the performance of retained students on
  assessment instruments required under Section 39.023(a);
               (12)  information, aggregated by district type and
  disaggregated by race, ethnicity, gender, and socioeconomic
  status, on:
                     (A)  the number of students placed in a
  disciplinary alternative education program established under
  Section 37.008;
                     (B)  the average length of a student's placement
  in a disciplinary alternative education program established under
  Section 37.008;
                     (C)  the academic performance of students on
  assessment instruments required under Section 39.023(a) during the
  year preceding and during the year following placement in a
  disciplinary alternative education program; and
                     (D)  the dropout rates of students who have been
  placed in a disciplinary alternative education program established
  under Section 37.008;
               (13)  a list of each school district or campus that does
  not satisfy performance standards, with an explanation of the
  actions taken by the commissioner to improve student performance in
  the district or campus and an evaluation of the results of those
  actions;
               (14)  an evaluation of the status of the curriculum
  taught in public schools, with recommendations for legislative
  changes necessary to improve or modify the curriculum required by
  Section 28.002;
               (15)  a description of all funds received by and each
  activity and expenditure of the agency;
               (16)  a summary and analysis of the instructional
  expenditures ratios and instructional employees ratios of school
  districts computed under Section 44.0071;
               (17)  a summary of the effect of deregulation,
  including exemptions and waivers granted under Section 7.056 or
  39.112;
               (18)  a statement of the total number and length of
  reports that school districts and school district employees must
  submit to the agency, identifying which reports are required by
  federal statute or rule, state statute, or agency rule, and a
  summary of the agency's efforts to reduce overall reporting
  requirements;
               (19)  a list of each school district that is not in
  compliance with state special education requirements, including:
                     (A)  the period for which the district has not
  been in compliance;
                     (B)  the manner in which the agency considered the
  district's failure to comply in determining the district's
  accreditation status; and
                     (C)  an explanation of the actions taken by the
  commissioner to ensure compliance and an evaluation of the results
  of those actions;
               (20)  a comparison of the performance of
  open-enrollment charter schools and school districts on the
  academic excellence indicators specified in Section 39.051(b) and
  accountability measures adopted under Section 39.051(g), with a
  separately aggregated comparison of the performance of
  open-enrollment charter schools predominantly serving students at
  risk of dropping out of school, as defined by Section 29.081(d),
  with the performance of school districts;
               (21)  a summary of the information required by Section
  38.0141 regarding student health and physical activity from each
  school district; [and]
               (22)  a summary compilation of overall student
  performance under the assessment system developed to evaluate
  academic progress as required by Section 39.027(e), disaggregated
  by bilingual education or special language program instructional
  model; and
               (23)  any additional information considered important
  by the commissioner or the State Board of Education.
         (b)  In reporting the information required by Subsection
  (a)(3) or (4), the agency may separately aggregate the performance
  data of students enrolled in a special education program under
  Subchapter A, Chapter 29[, or a bilingual education or special
  language program under Subchapter B, Chapter 29].
         (b-1)  In reporting the information required by Subsections
  (a)(3), (5), and (7), the agency shall separately aggregate the
  performance data of students enrolled in a bilingual education or
  special language program under Subchapter B, Chapter 29,
  disaggregated by bilingual education or special language program
  instructional model.
         SECTION 5.  Subsection (c), Section 42.006, Education Code,
  is amended to read as follows:
         (c)  Annually, the commissioner shall review the Public
  Education Information Management System and shall repeal or amend
  rules that require school districts to provide information through
  the Public Education Information Management System that is not
  necessary. In reviewing and revising the Public Education
  Information Management System, the commissioner shall develop
  rules to ensure that the system:
               (1)  provides useful, accurate, and timely information
  on student demographics and academic performance, personnel, and
  school district finances;
               (2)  contains only the data necessary for the
  legislature and the agency to perform their legally authorized
  functions in overseeing the public education system; and
               (3)  does not contain any information related to
  instructional methods, except as provided by Section 29.066 or
  required by federal law.
         SECTION 6.  The changes in law made by this Act apply
  beginning with the 2008-2009 school year.
         SECTION 7.  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, 2007.
 
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