HBA-LCA H.B. 2172 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2172 By: Luna, Vilma Public Education 4/9/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas Education Agency (TEA) conducts two types of monitoring visits. Accreditation monitoring is based on the Academic Excellence Indicator System (AEIS), which assesses school performance according to standards set forth under Section 39.051, Education Code (Academic Excellence Indicators). Compliance monitoring, conducted at different campuses on a six-year fixed cycle, is known as District Effectiveness and Compliance, or DEC, and monitors only special programs. At present, those programs include special education, gifted and talented, migrant, and bilingual programs. A school district knows in advance of a DEC visit, and is assisted in preparing for the compliance visit. A DEC monitoring team consists of some TEA staff, but primarily of contract employees. If a DEC team finds a district out of compliance with relevant state and federal requirements, TEA will issue a corrective action plan. However, districts often remain out of compliance with no consequences, and sanctions against a district for noncompliance are rare. Accreditation monitoring measures campus performance using academic excellence indicators set forth under Chapter 39, Education Code (Public School System Accountability). These indicators include attendance rates, drop-out rates, and campus performance on the TAAS assessment instrument. Because most children in special education programs do not take the TAAS test, assessing special education programs using AEIS does not adequately measure the performance of a district's special education program administration. H.B. 2172 amends Chapter 39, Education Code, to require TEA to develop a monitoring system specifically for special education programs, which must use information collected from both parents and teachers, and which includes an expedited system for resolving complaints. To expand public knowledge of the effectiveness of special education programs, this bill also requires that information acquired during the monitoring process be included in a school district's annual performance report under Section 39.053, Education Code (Performance Report). H.B. 2172 also includes a special education program's effectiveness rating among the indicators used to rate a school district. 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 Sections 29.010, Education Code, by amending Subsections (a) and (b) and adding Subsection (e), as follows: (a) Requires the Texas Education Agency (agency) to adopt and implement a system for monitoring school district compliance with federal and state laws regarding special education. Provides that the monitoring system must provide for ongoing analysis of district special education data. Provides that the monitoring system must provide for analysis of complaints filed with the agency regarding special education services and for inspections. Requires that the agency use the information from the monitoring system to determine a schedule for, and the extent of, an inspection. (b) Provides that the agency must collect information from both parents and teachers of students in special education programs. (e) Requires the agency to develop a system for expedited investigation and resolution of complaints regarding provision of special education or related services to a qualified student. SECTION 2. Amends Section 39.053, Education Code, as follows: (a) Provides that a district's annual performance report must include the most recent compliance monitoring report of the special education program, including progress toward implementing corrective action. Creates Subdivisions (1) and (2) from existing text. (b) Created from existing text. Redesignates Subsections (b)-(f) to Subsections (c)-(g). SECTION 3. Amends Section 39.072(b), Education Code, to require that the effectiveness of a special education program, based on the agency's most recent compliance review, be a main consideration in rating the district. Makes nonsubstantive changes. SECTION 4. Amends Sections 39.073(a) and (d), Education Code, as follows: (a) Includes the effectiveness of a school district's special education program, based on the agency's most recent performance review, among the indicators adopted under Sections 39.051(b) (1)-(6), Education Code (Academic Excellence Indicators), for the district's annual performance review. (d) Includes the effectiveness of a school district's special education program as a standard for receiving an academically unacceptable rating. SECTION 5. Amends Section 39.182(a), Education Code, to include a list of each school district that is not in compliance with special education requirements, including the dates and manner of noncompliance and actions taken by the commissioner to ensure compliance, in the agency's comprehensive report to state officials. Makes conforming changes. SECTION 6. (a) Provides that Sections 2-4 of this Act apply beginning with the 1999-2000 school year. (b) Provides that the report required under Section 39.182(a), Education Code, must include the information required by Section 39.182(a), as amended by this Act, beginning with the first report the agency would regularly make. SECTION 7. Emergency clause. Effective date: upon passage.