HBA-JRA H.B. 1130 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1130
By: Longoria
Public Education
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Education Agency and the commissioner of education are
responsible for monitoring the performance of public schools.  H.B. 1130
establishes the Educational Testing and Accountability Department (ETAD) in
the office of the Comptroller of Public Accounts to oversee public school
system accountability.  Specifically, this bill transfers the
responsibility for administering the Public Education Information
Management System and the responsibility for creating, implementing, and
scoring the TAAS test from the Texas Education Agency to the new
department, and establishes an inspection process to monitor compliance
with education programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the State Board of Education is
transferred to the Education Testing and Accountability Department in the
office of the Comptroller of Public Accounts in SECTIONS 25, 32, and 37
(Sections 39.022, 39.032, and 39.072, Education Code) and that rulemaking
authority previously delegated to the commissioner of education is
transferred to the Education Testing and Accountability Department in the
office of the Comptroller of Public Accounts in SECTION 35 (Section 39.052,
Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.001, Education Code, to add definitions of
"department" and "executive director."  Redesignates existing Subdivisions
(4)-(7) to Subdivisions (5) and (7)-(9), respectively. 

SECTION 2.  Amends Section 7.003, Education Code, to reserve and require
any educational functions that are not specifically delegated to the
Comptroller of Public Accounts (comptroller), the Texas Education Agency
(TEA) or the State Board of Education (board), rather than only TEA or the
board, to be performed by school districts or open-enrollment charter
schools. 

SECTION 3.  Amends Section 7.021(b)(1), Education Code, to require TEA to
work with the comptroller in monitoring compliance with education programs
required by federal or state law, including federal funding and state
funding for those programs. 

SECTION 4.  Amends Chapter 7, Education Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  EDUCATION TESTING AND
ACCOUNTABILITY DEPARTMENT

Sec. 7.151.  EDUCATION TESTING AND ACCOUNTABILITY DEPARTMENT POWERS AND
DUTIES; COMPOSITION.  Establishes that the Education Testing and
Accountability Department (ETAD) has the powers and duties to perform
duties in connection with public school system accountability under this
code and review and revise the Public Education Information Management
System (PEIMS) in accordance with Section 42.006 (Public Education
Information Management System (PEIMS)), Education Code. Requires ETAD to
carry out these duties with the advice and consent of the comptroller.
Establishes that the comptroller and ETAD staff comprise ETAD. 
 
Sec. 7.152.  EXECUTIVE DIRECTOR.  Requires the comptroller to appoint an
executive director of ETAD who is required to report directly to the
comptroller. 

Sec. 7.153.  INSPECTION TEAMS.  (a)  Requires the executive director to
appoint fourperson teams to visit school districts or individual schools to
monitor compliance with education programs. 

(b)  Specifies the personnel to be included on inspection teams.

(c)  Requires the auditor from each team to serve as team chief and
authorized representative of the executive director.  Provides that the
auditor must make a period available to hear complaints under Sections
7.154 and 26.011 (Complaints), Education Code, during each visit to a
school district or individual school.  Authorizes the executive director to
hear complaints that are not resolved at the local level. 


Sec. 7.154.  APPEALS.  (a)  Authorizes a person to appeal in writing to the
executive director, except as provided by Subsection (e), if the person is
harmed by the school laws of this state; an action or decision of any
school district board of trustees that violates the school laws of this
state or a provision of a written employment contract between the school
district and its employee, if a violation causes or would cause monetary
harm to the employee; or by an action or decision of the commissioner of
education (commissioner) or agency. 

(b)  Requires the executive director, except as provided by Subsection (c),
to hold a hearing and issue a decision without cost to the parties involved
after due notice to the interested parties.  Provides that, in conducting
hearings, the executive director has the same authority relating to
discovery and conduct of a hearing as a hearing examiner has under
Subchapter F, Chapter 21 (Hearings Before Hearing Examiners), Education
Code. Provides that this section does not deprive any party of any legal
remedy. 

(c)  Requires the executive director to issue a decision based on a review
of the record developed at the district level, under a substantial evidence
standard of review, in an appeal against a school district. 

(d)  Authorizes a person harmed by a decision of the executive director to
appeal to a district court in Travis County by serving the executive
director with citation issued and served in the manner provided by law for
civil suits.  Provides that the petition must state the action of decision
from which the appeal is taken.  Requires the court to determine all issues
of law and fact. 

(e)  Provides that this section does not apply to a case applicable under
Subchapter G, Chapter 21 (Appeals to  Commissioner of Education), Education
Code, or a student disciplinary action under Chapter 37 (Discipline; Law
and Order), Education Code,. 

(f)  Defines "record" and "school laws of this state" for this section.

Sec. 7.155.  ARBITRATION.  Requires the executive director or a
representative designated by the executive director to act as an arbitrator
under Sections 7.154 and 26.011. 

SECTION 5.  Amends Section 8.002, Education Code, to require regional
education centers to provide personnel to augment an ETAD inspection team
as requested by the comptroller.  Makes conforming changes. 

SECTION 6.  Amends Section 11.201(d), Education Code, to specify that the
personnel for whom a superintendent assumes administrative authority and
assignment and evaluation responsibilities includes personnel used to
augment an ETAD inspection team as requested by the comptroller. 

SECTION 7.  Amends Section 11.252(b), Education Code, to provide that the
district must make the plan for the improvement of student performance
available to TEA or ETAD on request. 
 
SECTION 8.  Amends Section 11.253(g), Education Code, to make a conforming
change. 

SECTION 9.  Amends Section 12.013(b), Education Code, to make conforming
changes. 

SECTION 10.  Amends Section 12.056(b), Education Code, to make conforming
changes. 

SECTION 11.  Amends Section 12.104(b), Education Code, to make conforming
changes. 

SECTION 12.  Amends Section 13.051(j), Education Code, to make conforming
changes. 

SECTION 13.  Amends Section 19.010(b), Education Code, to include ETAD
among the entities with which the district is required to file an annual
report documenting district activities under the strategic plan. 

SECTION 14.  Amends Section 26.003(b), Education Code, to allow a decision
of the board of trustees of a school district (board of trustees)
concerning a request described by Subsection (a)(2) or (3) to be appealed
to the executive director or a representative designated by the executive
director.  Requires the executive director or representative to act as
arbitrator in the dispute. Authorizes a parent to appeal the decision of
the arbitrator to a district court. 

SECTION 15.  Amends Section 26.005, Education Code, to entitle a parent to
review a copy of each state assessment instrument administered under
Section 39.023 (Adoption and Administration of Instruments), Education
Code, to the parent's child in the presence of an assessment administrator.
Makes changes conforming to SECTION 50, which repeals Section 39.023(e). 

SECTION 16.  Amends Section 26.011, Education Code, to provide that, in
addition to adopting a grievance procedure to address complaints concerning
violation of a right guaranteed by this chapter, the board of trustees must
attempt to resolve disputes locally and that the executive director or a
designated representative of the executive director must act as an
arbitrator if disputes cannot be resolved locally.  Authorizes a party to
the dispute to appeal an arbitration decision to a district court. 

SECTION 17.  Amends Section 29.001, Education Code, to require ETAD ,
rather than TEA, to develop procedures to ensure compliance with the
statewide plan for the delivery of services to children with disabilities
on a local level.  Makes conforming changes. 

SECTION 18.  Amends Section 29.011(e), Education Code, to delete the
provisions that only the failure to implement those components of a
student's individual transition plan (ITP) that are included in the
individual education program (IEP) are subject to the due process
procedures of the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.) (IDEA) or to TEA complaint procedures and that
failure of a district to develop and annually review an ITP for a student
is subject only to TEA complaint procedures and not to the due process
procedures of IDEA. Requires the district to notify an agency in writing if
it fails to implement components of the ITP that are designated as the
responsibility of that agency under the memorandum of understanding
coordinating services.  Requires the district to terminate the memorandum
of understanding and seek another source for implementation of the
components of the ITP if the other agency does not correct the deficiency
in a reasonable period of time. 

SECTION 19.  Amends Section 29.056, Education Code, by adding Subsection
(i), to prohibit a district from offering a bilingual education or special
language program to a student for more than three years unless the district
obtains a waiver from the commissioner.  Establishes that an excessive
number of waiver requests by a district, as determined by the commissioner,
is grounds for a special inspection by an ETAD team under Section 7.153. 

SECTION 20.  Amends Section 29.064, Education Code, to authorize a parent
of a student enrolled in a school district offering bilingual education or
special language programs to appeal to the executive director or a
representative designated by the executive director, rather than the
commissioner, if the district fails to comply with the requirements
established by law or by TEA as authorized by this subchapter.  Authorizes
a parent to appeal the placement of a student in the program to an ETAD
inspection team chief, rather than the board of trustees.  Requires appeals
to  be conducted in accordance with procedures adopted by the comptroller,
rather than the commissioner. 

SECTION 21.  Amends Section 29.083, Education Code, to require ETAD to
provide TEA with the results of the student retention data.  Makes a
conforming change. 

SECTION 22.  Amends Section 29.186(c), Education Code, to make changes
conforming to SECTION 50 which repeals Section 39.023(b), Education Code. 

SECTION 23.  Amends Sections 37.006(i) and (j), Education Code, to make
conforming changes. 

SECTION 24.  Amends Section 37.009(f), Education Code, to establish that
the decision of the executive director or designated representative is
binding on both parties, except that the decision may be appealed by a
trial de novo to a district court of the county in which the school
district's central administrative office is located.  Makes conforming
changes. 

SECTION 25.  Amends Section 39.022, Education Code, to transfer rulemaking
authority to create and implement a state-wide assessment program from the
board to ETAD.  Makes conforming changes. 

SECTION 26.  Amends Sections 39.023(a), (c), (d), (g), and (h), Education
Code, to require all nonexempt students to be assessed in reading and
mathematics annually in grades three through nine, rather than eight.
Makes a change conforming to SECTION 50 which repeals 39.023(b), Education
Code.  Deletes language relating to allowable modifications for a student
in a special education program.  Makes conforming changes. 

SECTION 27.  Amends Subchapter B, Chapter 39, Education Code, by adding
Section 39.0235, as follows: 

Sec. 39.0235.  STUDENT PREPARATION FOR ASSESSMENT INSTRUMENTS. Prohibits a
school from preparing students for an assessment instrument by using
previous versions of the assessment instrument or instructing students on
the format of a statewide assessment instrument earlier than one week
before the test date.  Authorizes the commissioner to withhold up to $1,000
from state funding under Chapter 42 (Foundation School Program), Education
Code, for each classroom per day for a violation of this section. Requires
the district to remit to the comptroller an amount equal to the penalty for
deposit in the foundation school fund, if the district does not receive
state funding under Chapter 42. 

SECTION 28.  Amends Section 39.024, Education Code, to make changes
conforming to SECTION 50 which repeals Section 39.023(b), Education Code.
Requires TEA to develop study guides to assist students in achieving the
goals of Section 4.002 (Public Education Academic Goals), Education Code,
rather than for the assessment instruments administered under Sections
39.023(a) and (c). 

SECTION 29.  Amends Section 39.026, Education Code, to make conforming
changes. 

SECTION 30.  Amends Section 39.027, Education Code, to provide that a
student is considered to have failed the instrument for purposes of school
performance rankings and evaluation if the student is exempted under
certain conditions from the administration of an assessment instrument.
Requires the executive director to develop and adopt a process for
reviewing the exemption process of a school district or shared services
arrangement that gives an exemption for a student eligible for a special
education program and whose IEP does not include instruction in the
essential knowledge and skills under Section 28.002 (Required Curriculum),
Education Code, at any grade level to more than five percent of the
students in the special education program or to students that have spent
more than three years in a bilingual education program for students with
limited English proficiency. Deletes language relating to the average daily
attendance of the district or shared services arrangement.  Makes
conforming changes. 

SECTION 31.  Amends Section 39.030(a), Education Code, to make conforming
changes. 
 
SECTION 32.  Amends Section 39.032(b), (c), (d), and (e), Education Code,
to transfer rulemaking authority relating to standards for grading
assessment instruments from the board to ETAD.  Makes conforming changes. 

SECTION 33.  Amends Section 39.033(a), (b), and (c), Education Code, to
make conforming changes. 

SECTION 34.  Amends Section 39.051(a), (b), (c), (d), and (e), Education
Code, to make conforming changes. 

SECTION 35.  Amends Section 39.052(a) and (c), Education Code, to transfer
rulemaking authority relating to the dissemination of student performance
portions of campus report cards to parents from the commissioner to ETAD.
Makes conforming changes. 

SECTION 36.  Amends Section 39.053(b), (c), and (d), Education Code, to
provide that the annual educational performance report must, rather than
may, include specific information, including turnover rate.  Makes
conforming changes. 

SECTION 37.  Amends Section 39.072, Education Code, to transfer rulemaking
authority relating to the evaluation of school districts from the board to
ETAD.  Makes conforming changes. 

SECTION 38.  Amends Section 39.073(a) and (d), Education Code, to make
conforming changes. 

SECTION 39.  Amends Sections 39.074(a), (b), (c), (d), and (e), Education
Code, to authorize ETAD to conduct an on-site evaluation of a campus with
an annual review that indicates unusually high performance, as well as low
performance, on one or more of the quality of learning indicators. Makes
conforming changes. 

SECTION 40.  Amends Section 39.075, Education Code, to require the
comptroller, rather than the commissioner, to authorize special
accreditation investigations when, among other things, extraordinary
numbers of student placements in alternative education programs are
determined. Deletes exception of alternative education programs under
Sections 37.006 (Removal for Certain Conduct), Education Code, and 37.007
(Expulsion for Serious Offenses), Education Code,.  Makes conforming
changes. 

SECTION 41.  Amends Section 39.076, Education Code, to make conforming
changes. 

SECTION 42.  Amends Section 39.131, Education Code, to make conforming
changes. 

SECTION 43.  Amends heading to Subchapter H, Chapter 39, Education Code, as
follows: 

SUBCHAPTER H.  REPORTS BY TEXAS EDUCATION AGENCY AND EDUCATION TESTING AND
ACCOUNTABILITY DEPARTMENT 

SECTION 44.  Amends Section 39.181(a) and (d), Education Code, to make
conforming changes. 

SECTION 45.  Amends Section 39.182, Education Code, as follows:

Sec. 39.182.  New title:  COMPREHENSIVE BIENNIAL REPORTS.  Deletes "report"
from existing title.  Requires TEA and ETAD to prepare and deliver separate
reports 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.
Provides that the TEA report must include a description of a systematic
plan for reducing the projected dropout rates.  Deletes language relating
to a specific goal of a dropout rate of five percent or less for the
1997-1998 school year.  Deletes Subsection (b) authorizing TEA to
separately aggregate the performance data of students enrolled in a special
education, bilingual education, or special language program.  Redesignates
existing Subsection (c) to Subsection (b).  Makes conforming changes. 
 
SECTION 46.  Amends Section 39.183, Education Code, to make a conforming
change. 

SECTION 47.  Amends Section 41.013(a), Education Code, to authorize a
decision of the commissioner under this chapter to be appealed, except as
provided by Subchapter G (Detachment and Annexation by Commissioner), to a
district court in Travis County by serving the commissioner with citation
issued and served in the manner provided by law for civil suits.  Provides
that the petition must state the action of decision from which the appeal
is taken.  Requires the court to determine all issues of law and fact.
Makes a conforming change. 

SECTION 48.  Amends Section 42.006(b) and (c), Education Code, to make
conforming changes. 

SECTION 49.  Amends Section 42.151, Education Code, by amending Subsection
(j) and adding Subsection (m), as follows: 

(j)  Requires ETAD to review a school district that maintains more than
five percent of the district's students in resource room or mainstream
instructional arrangements, rather than a ratio of full-time equivalent
students in partially or totally self-contained classrooms to the number of
full-time equivalent students placed in resource room or mainstream
instructional arrangements that is 25 percent higher than the statewide
average ratio, for two successive years to determine the appropriateness of
student placement.  Makes conforming changes. 

(m)  Requires the comptroller to establish procedures for the inspection of
school districts by ETAD to ensure that the admission, review, and
dismissal committees for special education students use equitable and
consistent policies in developing IEPs and ITPs and in granting exemptions
from the administration of assessment instruments under Section 39.027. 

SECTION 50.  Repealer:  Section 7.057 (Appeals); 33.081(g), relating to an
appeal to the commissioner regarding a student's eligibility to participate
in extracurricular activities; 39.023(b), (e), (i), and (k), relating to
assessment instruments for students in special education programs and the
release of questions and answer keys; 39.030(c), relating to separately
aggregated performance data for students in special education, bilingual
education, or special language programs; 39.031 (Cost); 39.051(f), relating
to the results of assessment instruments required under Section 39.023(b);
and 39.112 (Excellence Exemptions), Education Code. 

SECTION 51.  (a)  Effective date: September 1, 1999.

(b)  Establishes that ETAD is created on September 1, 1999.

(c)  Provides that as soon as practicable after the comptroller appoints an
executive director of ETAD , but not later than April 1, 2000, all powers,
duties, rights, and obligations of the commissioner of education and agency
relating to public school system accountability, as added and amended by
this Act, are transferred to the comptroller and ETAD; all assets,
liabilities, personnel, equipment, data, documents, facilities, and other
items relating to public school system accountability are transferred from
TEA to ETAD, except as provided by Subsection (d) of this section; and any
appropriation to the commissioner of education or TEA related to public
school system accountability is transferred to ETAD. 

(d)  Authorizes the commissioner of education to decide whether to transfer
personnel and assets utilized for both purposes  related to public school
system accountability and purposes not related to public school system
accountability to ETAD. 

(e)  Requires the officers and employees of the office of the commissioner
of education and TEA to cooperate fully with the reorganization. 

(f)  Requires the transfer of functions under Subsection (c) of this
section to occur on the date specified in an interagency contract among the
commissioner of education, TEA, the comptroller, and ETAD. 
 
(g)  Provides that the commissioner and TEA retain all power and duties
relating to public school system accountability until the effective date of
transfer. 

(h)  Authorizes ETAD, the executive director or acting executive director,
or other employees of ETAD to use the Austin office of TEA and to pay
lawful expenses related to public school system accountability from
appropriations subject to the transfer prior to transfer of functions. 

(i)  Makes application of this Act prospective.

SECTION 52.  Emergency clause.