HBA-JRA H.B. 1129 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1129 By: Longoria Public Education 4/7/1999 Introduced BACKGROUND AND PURPOSE For the past 69 years, Texas public schools have primarily used the whole language method of teaching reading. H.B. 1129 requires school districts, home-rule school districts, charter schools, and open-enrollment schools to provide their students with a foundation curriculum, accelerated instruction, bilingual education and special education programs, tutorial services, and adult education programs that use educational methods based on scientific research. This bill also requires educators to be adequately prepared to implement educational methods based on scientific research. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7.102(c)(4), Education Code, to specify that the curriculum and graduation requirements the State Board of Education (board) is required to establish are to be established as required by Chapter 28 (Courses of Study; Advancement), Education Code. SECTION 2. Amends Section 8.051(d), Education Code, to establish that each regional education service center must use methods based on scientific research when providing school districts and campuses training and assistance in each subject area assessed under Section 39.023 (Adoption and Administration of Instruments), Education Code. SECTION 3. Amends Section 11.201(d), Education Code, to include assuming administrative responsibility and leadership for the planning, operation, supervision, and evaluation of curricula based on scientific research for elementary reading, spelling, and mathematics among the duties of the superintendent. Makes conforming changes. SECTION 4. Amends Section 11.202(b), Education Code, to include, for elementary school principals, setting specific education objectives for the implementation of curricula for reading, spelling, and mathematics, based on scientific research, among the duties of a principal. SECTION 5. Amends Section 11.252(a), Education Code, to provide that the district improvement plan must include strategies for improvement of student performance that include instructional methods based on scientific research for reading, spelling, and mathematics for addressing the needs of student groups not achieving their full potential; research-based reading programs; and staff training in the use of curricula based on scientific research for reading, spelling, and mathematics, where appropriate. SECTION 6. Amends Section 12.013(b), Education Code, to establish that a home-rule school district is subject to a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to curriculum requirements under Sections 28.002(a)(1)(A) and (B), Education Code. Redesignates existing Paragraphs (H)-(S) to Paragraphs (I)-(T). SECTION 7. Amends Section 12.056(b), Education Code, to establish that a campus or program for which a charter is granted under this subchapter is subject to a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to curriculum requirements under Sections 28.002(a)(1)(A) and (B), Education Code. Redesignates existing Paragraphs (C)-(I) to Paragraphs (D)-(J). SECTION 8. Amends Section 12.104(b), Education Code, to establish that an open-enrollment charter school is subject to a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to curriculum requirements under Sections 28.002(a)(1)(A) and (B), Education Code. Redesignates existing Paragraphs (C)-(I) to Paragraphs (D)-(J). SECTION 9. Amends Section 19.004(c), Education Code, to require a district to include an educational curriculum based on scientific research to teach reading, spelling, and mathematics to those persons who test at or below the sixth grade level on approved placement tests, when developing educational and vocational training programs specifically designed for persons eligible under Section 19.005 (Eligibility for Certain Programs and Services), Education Code. SECTION 10. Amends Section 21.045, Education Code, to provide that educator preparation accreditation standards must include the requirement that elementary teachers display knowledge of educational curricula based on scientific research for teaching reading, spelling, and mathematics by September 1, 2000. Provides that this subsection expires January 1, 2001. SECTION 11. Amends Section 21.046(b), Education Code, to include knowledge of effective implementation methods for educational curricula based on scientific research for elementary reading, spelling, and mathematics among the qualifications which must be emphasized for certification as an elementary school principal. SECTION 12. Amends Section 21.047(c), Education Code, to provide that the field-based educator preparation program for elementary teachers must emphasize the use of educational methods and curricula based on scientific research for teaching elementary reading, spelling, and mathematics. Redesignates existing Subdivision (2) to Subdivision (3). SECTION 13. Amends Section 21.451(b), Education Code, to authorize campus staff development to include activities to study educational methods based on scientific research, among other topics. SECTION 14. Amends Section 28.002, Education Code, by amending Subsections (a) and (i) and adding Subsection (l), as follows: (a) Requires each school district that offers kindergarten through grade 12 to offer, as a required curriculum, a foundation curriculum that includes English language arts, including elementary reading and morphographic spelling, and mathematics, including elementary mathematics, using education methods based on scientific research. (i) Makes a conforming change. (l) Provides that any method used to teach elementary reading, spelling, or mathematics must be based on scientific research. SECTION 15. Amends Section 29.057, Education Code, by adding Subsection (d), as follows: (d) Provides that the curriculum used for teaching reading, spelling, and mathematics in bilingual education or special language programs must be based on scientific research. SECTION 16. Amends Sections 29.081(b) and (e), Education Code, to provide that the accelerated instruction required for certain students must consist of educational methods based on scientific research. Provides that a private or public community-based dropout recovery education program must be based on scientific research. SECTION 17. Amends Section 29.084(a), Education Code, to provide that tutorial services offered by a district's school must be based on scientific research. Makes a conforming change. SECTION 18. Amends Section 29.153(f), Education Code, to provide that a district's prekindergarten program must, rather than shall, be designed to develop skills necessary for success in public school, and that the program be based on scientific research. SECTION 19. Amends Section 29.253, Education Code, to provide that adult education programs must be based on scientific research. SECTION 20. Amends Section 31.029, Education Code, to require the board to acquire textbooks that are based on scientific research for use in bilingual education classes. SECTION 21. Amends Section 37.002(a), Education Code, to provide that the first time a student is referred to the principal, the principal must determine the student's educational performance level by administering reading and mathematics placement tests. Provides that the principal must place the student in an appropriate corrective reading or mathematics program that uses methods based on scientific research if the student's test performance is two or more grade levels below the student's assigned grade level. Requires the principal to employ appropriate discipline management techniques if the student's test performance is at or above grade level, or if the student continues to act in an inappropriate manner after being placed in a corrective educational program that uses methods based on scientific research. SECTION 22. Amends Section 37.008(a), Education Code, to require each school district to provide an alternative education program that provides a reading, spelling, and mathematics curriculum based on scientific research. Redesignates existing Subdivisions (5)-(6) to Subdivisions (6)-(7). SECTION 23. Amends Section 37.011(h), Education Code, to provide that a student who is not performing at grade level on entering a juvenile justice alternative education program, as determined by reading and mathematics placement tests, must be placed in a corrective educational program that uses methods based on scientific research. SECTION 24. Amends Section 37.055, Education Code, to include, in the agreement developed on admittance of a student to a school-community guidance center, a description of the educational methods based on scientific research and the behavioral modification methods that the school district intends to use to meet the objectives, and the school district's acknowledgment that the district will use the best educational methods based on scientific research available to accomplish the learning objectives. Authorizes a parent to obtain a court order requiring the superintendent of the school district to comply with an agreement made under this section and provides that a superintendent who violates a court order issued under this subsection may be punished for contempt of court. Redesignates existing Subsection (c) to Subsection (d). Makes conforming changes. SECTION 25. Amends Section 38.003(b), Education Code, to require the board of trustees of each school district to provide a corrective reading program based on scientific research that has proven successful in providing dyslexia remediation to any student determined to have dyslexia or a related disorder. SECTION 26. (a) Effective date: July 1, 1999. (b) Requires the board to review and adopt reading, spelling, and mathematics textbooks and accompanying teacher editions that are based on scientific research that satisfy requirements under Sections 28.002(a)(1)(A) and (B), Education Code, as amended by this Act, as soon as practicable, notwithstanding the textbook review and adoption requirements under Section 31.022 (Textbook Review and Adoption), Education Code, or the textbook review and adoption cycle the board adopts under that section. SECTION 27. Emergency clause.