BILL ANALYSIS

C.S.H.B. 2135

By: Hochberg

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to interested parties, the state's forthcoming assessment program, the State of Texas Assessments of Academic Readiness (STAAR), will require an eighth grade student enrolled in algebra for high school credit to take both the eighth grade STAAR math test and the algebra end-of-course test. These parties contend that such double testing not only disrupts the algebra curriculum, but also places undue pressure on students and teachers to prepare for and perform satisfactorily on two high-stakes tests in a single subject area. In an effort to alleviate the burden of double testing, C.S.H.B. 2135, among other provisions, seeks to allow certain public school students enrolled in a class for high school credit to take an end-of-course test in place of a grade-level STAAR test in the appropriate subject area.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the commissioner of education in SECTION 4 of this bill.

ANALYSIS

C.S.H.B. 2135 amends the Education Code to establish that provisions of law relating to satisfactory performance on certain state-administered tests for grade level promotion do not require the administration of a fifth or eighth grade statewide standardized test to a student enrolled in the fifth or eighth grade, as applicable, if the student is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course test for the course. The bill prohibits such a student from being denied promotion on the basis of failure to perform satisfactorily on a test not required to be administered to the student in accordance with the bill's provisions. The bill establishes that a student is not required to be assessed in certain subjects otherwise assessed at the student's grade level if the student is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an end-of-course test for the course.

C.S.H.B. 2135 establishes that nothing in provisions of law relating to performance on certain end-of-course tests has the effect of prohibiting the administration of such tests to a student enrolled below the high school level who is enrolled in the course for which the test is adopted. The bill requires the commissioner of education to adopt rules necessary to ensure that such a student's performance on the test is considered in the same manner as the performance of a student enrolled at the high school level.

C.S.H.B. 2135 establishes that, in aggregating results of certain end-of-course tests across grade levels by subject in accordance with statutory provisions relating to student achievement indicators, the performance of a student enrolled below the high school level on such a test is included with results relating to other students enrolled at the same grade level.

C.S.H.B. 2135 authorizes the commissioner to award a distinction designation to a campus with a significant number of students below grade nine who perform satisfactorily on certain end-of-course tests. The bill makes a conforming change and nonsubstantive changes and makes its provisions applicable beginning with the 2011-2012 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2135 differs from the original in nonsubstantive ways by conforming to certain bill drafting conventions and by making clarifying changes. The substitute contains a provision not included in the original prohibiting certain students from being denied promotion on the basis of failure to perform satisfactorily on a test not required to be administered to the student under the provisions of the bill.

C.S.H.B. 2135 differs from the original by authorizing the commissioner of education to award a distinction designation to a campus with a significant number of students below grade nine who perform satisfactorily on certain end-of-course tests, whereas the original authorizes the commissioner to award a distinction designation to a school that has significant numbers of students performing satisfactorily on end-of-course tests.