HBA-PDH H.B. 1046 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1046
By: Sadler
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1046 amends the Education Code to include certain reading instruments
and accelerated reading instruction programs among the provisions to which
an open-enrollment charter school is subject, and provides that  certain
students enrolled in a school district must attend certain accelerated
reading instruction programs to which they are assigned, unless exempted.
This bill also requires the superintendent of each school district to
report, in writing, to a student's parent or guardian regarding the
student's results on a reading instrument.  Additionally, this bill
prohibits the promotion of a student to the fourth, sixth, or ninth grade
if the student does not perform satisfactorily on specific assessment
instruments, and sets forth the method by which a student may retake the
assessment instrument or appeal a student's retention. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 4 (Section 28.0211, Education Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.104(b), Education Code, to include reading
instruments and accelerated reading instruction programs under Section
28.006, Education Code, and satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211, Education
Code, among the provisions to which an open-enrollment charter school is
subject. Redesignates existing Paragraphs (D) - (I) to (F) - (K). 

SECTION 2.  Amends Section 25.085 (d), Education Code, to provide that  a
student enrolled in a school district must attend an accelerated reading
instruction program to which the student is assigned under Section
28.006(g), Education Code, and an accelerated instruction program to which
the student is assigned under Section 28.0211, Education Code, unless
exempted under Section 25.086 (Exemptions), Education Code. 

SECTION 3.  Amends Section 28.006, Education Code, by amending Subsection
(d) and adding Subsections (g) - (i), as follows: (d)  Requires the
superintendent of each school district to report, in writing, to a
student's parent or guardian regarding the student's results on a reading
instrument. Creates this subdivision from existing text.  Makes
nonsubstantive changes. 

(g)  Requires a school district to notify the parent or guardian of a
student in kindergarten or first or second grade who is determined based on
reading instrument results to be below grade level in reading development
or comprehension, to implement an accelerated reading instruction program
that provides research-based reading instruction to those students.
Requires the school district to determine the form, content, and timing of
the program. 

(h)  Requires each school district to provide the accelerated reading
instruction required in Subsection (g) to students in kindergarten during
the 1999-2000 school year, to students in kindergarten and first grade
during the 2000-2001 school year, and to students in kindergarten, first,
and second grades beginning with the 2001-2002 school year. 

(i)  Provides that Subsection (h) and this subsection expire January 1,
2002. 
 
SECTION 4.  Amends Subchapter B, Chapter 28, Education Code, by adding
Section 28.0211, as follows: 

Sec. 28.0211.  SATISFACTORY PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED;
ACCELERATED INSTRUCTION.  (a)  Prohibits the promotion of a student to the
fourth, sixth, or ninth grade if the student does not perform
satisfactorily on specific assessment instruments, except as provided in
Subsection (e). 

(b)  Requires a school district to provide a student at least two
additional opportunities to take the assessment instrument if the student
initially fails to perform satisfactorily on an assessment instrument. 

(c)  Requires a school district to provide accelerated instruction in the
applicable subject area, including research-based reading instruction for a
student who fails to perform satisfactorily on a reading assessment
instrument if a student in the school district fails to perform
satisfactorily on an assessment instrument.  Requires the establishment of
a grade placement committee (committee) to prescribe the accelerated
instruction the district is required to provide to a student if the student
fails to perform satisfactorily on a reading assessment instrument for a
second time and will be administered the assessment instrument for a third
time.  Requires the committee to be composed of the principal, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily.  Prohibits an accelerated instructional group from having a
ratio of more than 20 students for each teacher. 

(d)  Requires the district to notify the student's parent or guardian of a
student's failure to perform satisfactorily on an assessment instrument,
the accelerated instruction program to which the student is assigned, and
the possibility that a student may be retained at the same grade level for
the next school year. 

(e)  Provides that a student failing at least three times to perform
satisfactorily on an assessment instrument is required to be retained at
the same grade level for the next school year.  Authorizes a student's
parent or guardian to appeal a student's retention by submitting a written
request to the committee.  Requires the school district to give the parent
or guardian written notice of the opportunity to appeal.  Authorizes the
committee to decide in favor of a student's promotion only if the committee
concludes, using standards adopted by the board of trustees, that if
promoted and given accelerated instruction, a student is likely to perform
at the appropriate grade level.  Prohibits a student from being promoted on
the basis of the committee's decision unless that decision is unanimous.
Requires the commissioner of education (commissioner) to establish, by
rule, a timeline for making the placement determination.  Provides that
this subsection does not create a property interest in promotion.  Provides
that the decision of the committee is final and may not be appealed. 

(f)  Requires a school district to provide a student with accelerated
instruction the following school year as prescribed by an educational plan
developed for the student by the student's committee if the student has
failed to perform satisfactorily on an assessment instrument after three
attempts.  Requires the district to provide accelerated instruction
regardless of whether the student has been promoted or retained.  Provides
that an educational plan must be designed to enable a student to perform at
the appropriate grade level by the conclusion of the school year.  Requires
a student to be monitored throughout the school year to ensure that a
student is progressing in accordance with the plan. Requires the district
to administer to a student the assessment instrument for the grade level in
which a student is placed at the time the district regularly administers
the assessment instruments for that school year. 

(g)  Provides that this section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a student
who performs satisfactorily on an assessment instrument. 
 
(h)  Requires the commissioner to adopt rules as necessary to implement
this section, including rules concerning when school districts are required
to administer assessment instruments and which administration of the
assessment instrument will be used for purposes of Section 39.051 (Academic
Excellence Indicators), Education Code. 

(i)  Provides that this section applies to the assessment instrument
administered to students in the third grade beginning with the 2002-2003
school year, to students in the fifth grade beginning with the 2004-2005
school year, and to students in the eighth grade beginning with the
2007-2008 school year. 

(j)  Provides that Subsection (i) and this subsection expire January 1,
2008. 

SECTION 5.  Amends Section 39.024(b), Education Code, by adding Section
28.0211, if applicable, to the purposes for which a school district is
required to offer an intensive program of instruction for students who did
not perform satisfactorily on an assessment instrument administered under
this subchapter. 

SECTION 6.  Amends Section 39.051(b), Education Code, to include the number
of students, aggregated by grade level, promoted through the committee
process under Section 28.0211, Education Code, the subject of the
assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school year
following that promotion on the assessment instruments required under
Section 39.023 (Adoption and Administration of Instruments), Education
Code, among the list of factors used as performance indicators.
Redesignates existing Subdivisions (7) - (9) to (8) - (10). 

SECTION 7.Amends Section 39.052(b), Education Code, to make a conforming
change. 

SECTION 8.Amends Section 39.072 (b) and (c), Education Code, to make
conforming changes. 

SECTION 9.Amends Section 39.073(a), Education Code, to make conforming
changes. 

SECTION 10.Amends Section 39.074(e), Education Code, to make conforming
changes. 

SECTION 11.Effective date: September 1, 1999.

SECTION 12.Emergency clause.