HBA-JRA, LCA H.B. 2700 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2700 By: Sadler Public Education 4/21/1999 Introduced BACKGROUND AND PURPOSE H.B. 2700 requires the superintendent of a school district to report the results of the reading instruments to the commissioner of education (commissioner) and to report a student's results on the reading instrument to the student's parent or guardian; prohibits the promotion of third, fifth, or eighth grade students to the next grade level if those students do not perform satisfactorily on the required third grade reading assessment instrument, fifth grade mathematics and reading assessment instruments, or eighth grade mathematics, reading, and writing assessment instruments, as appropriate; and requires the student's district to provide accelerated instruction in the applicable subject area to a student who fails to perform satisfactorily on an assessment instrument each time the student fails to perform satisfactorily. This bill also requires a child who was at least five years of age on June 1 of the preceding school year or who had previously been enrolled in prekindergarten to attend school. Currently a child has to be at least six years of age or have been previously enrolled in first grade. In addition, this bill requires the commissioner to make grants, from funds appropriated for the purpose, for use in providing an educational component to federal Head Start programs and to school districts for the construction of kindergarten classrooms and for technology used in the instruction of kindergarten students. 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 SECTIONS 4, 17, and 18 (Sections 28.0211, 29.155 and 46.012, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.104(b), to provide 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 reading instruments and accelerated reading instruction programs under Section 28.006 (Reading Diagnosis) and satisfactory performance on assessment instruments and to accelerated instruction under Section 28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction). Redesignates existing Subdivisions (D)-(I) as Subdivisions (E)-(K). SECTION 2. Amends Section 25.085(d), Education code, to provide that a student enrolled in a school district (district) must attend an accelerated reading instruction program and an accelerated instruction program to which the student is assigned. SECTION 3. Amends Section 28.006, Education Code, by amending Subsection (d) and adding Subsections (g)-(m), as follows: (d) Requires the superintendent of each school district (superintendent) to report the results of the reading instruments to the commissioner of education (commissioner), in addition to the district's board of trustees. Requires the superintendent to report a student's results on the reading instrument to the student's parent or guardian. Makes conforming changes. (g) Requires the district to notify the parent or guardian of a student in kindergarten or first or second grade who is determined, on the basis of reading instrument results, to be below grade level in reading development or comprehension. Requires the district to implement an accelerated reading instruction program for those students, and to determine the form, content, and timing of that program. (h) Requires the district, in providing notice required under the section, to make a good faith effort to ensure the delivery and clarity of the notice. (i) Requires the commissioner to certify whether sufficient funds have been appropriated for the purpose of this section by July 1. Provides that the commissioner's determination is final and may not be appealed. Prohibits the commissioner from considering Foundation School Program funds for purposes of certification. (j) Prohibits more than 15 percent of the certified funds from being spent on indirect costs. Requires the commissioner to evaluate the programs that fail to meet the standard of performance under Section 39.051(b)(7) (Academic Excellence Indicators), and authorizes the commissioner to implement sanctions under Subchapter G (Accreditation Sanctions), Chapter 39 (Public School System Accountability), and to audit expenditures of funds appropriated under this section. Requires that the use of funds appropriated for purposes of the section be verified as part of a district audit under Section 44.008 (Annual Audit; Report). (k) Authorizes the provisions of this section relating to parental notification of a student's results on the reading instrument and to implementation of an accelerated reading instruction program to be implemented only if funds are appropriated for administering the accelerated reading program specified in this section. (l) Requires each district to provide the accelerated reading program specified in this section to students in kindergarten during the 1999-2000 school year, kindergarten and first grade during the 2000-2001 school year, and kindergarten and first and second grades beginning with the 2001-2002 school year. (m) Provides that Subsections (l) and (m) 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 third, fifth, or eighth grade student to the next grade level if the student does not perform satisfactorily on the third grade reading assessment instrument, the fifth grade mathematics and reading assessment instrument, or the eighth grade mathematics, reading, and writing assessment instrument under Section 39.023 (Adoption and Administration of Instruments), as appropriate. (b) Requires a district to provide at least two additional opportunities to take the assessment instrument specified under Subsection (a) if the student initially fails to perform satisfactorily. (c) Requires the student's district to provide accelerated instruction in the applicable subject area to a student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) each time the student fails to perform satisfactorily. Requires the district to screen a student who fails to perform satisfactorily on an assessment instrument the first time for dyslexia and related disorders if the student has not been previously diagnosed with dyslexia or a related disorder. Requires the parent or guardian of a student diagnosed with dyslexia or a related disorder to be notified of the testing accommodation available for the assessment instrument. Requires the establishment of a grade placement committee (committee) for a student who fails to perform satisfactorily on an assessment instrument a second time. Sets forth the composition of the committee, and requires the district to notify a parent or guardian of the time and place of its convention and its purpose. Prohibits an accelerated instruction group from having a ratio of more than 10 students for each teacher. (d) Requires the district to notify a student's parent or guardian of the student's failure to perform satisfactorily on the assessment instrument, the accelerated instructional program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year. (e) Requires a student who fails to perform satisfactorily on an assessment instrument after at least three attempts to be retained at the same grade level for the next school year. Authorizes a parent or guardian to appeal a student's retention to the committee. Authorizes the committee to promote the student under certain specified conditions, and by unanimous decision. Requires the commissioner, by rule, to establish a time line for making the placement determination. Provides that this subsection does not create a property interest in promotion. Provides that the committee's decision is final and may not be appealed. (f) Requires a district to provide accelerated instruction during the next school year to a student who has failed to perform satisfactorily on an assessment instrument specified under Subsection (a) after three attempts. Requires the accelerated instruction to follow an educational plan developed by the committee. Requires the district to provide the accelerated instruction regardless of whether the student has been promoted or retained. Provides that the educational plan must be designed to enable the student to perform at the appropriate grade level by the conclusion of the school year. Requires the student to be monitored to ensure that the student is progressing in accordance with the plan. Requires the district to administer the assessment instrument for the grade level in which the student is placed at the time that the district regularly administers the assessment instrument for that school year. (g) Provides that this section does not preclude the retention of a student who performs satisfactorily on an assessment instrument specified under Subsection (a). (h) Requires the district, in providing the notice required under the section, to make a good faith effort to ensure the delivery and clarity of the notice. (i) Requires a district or charter school to provide transportation for students required to attend accelerated programs under this chapter. (j) Requires the commissioner to adopt rules to implement this section, including rules concerning the assessment instrument administration schedule. (k) Requires the commissioner to issue a report to the legislature by December 1, 2000, that reviews the enrollment of students in accelerated instruction and the quality and availability of accelerated instruction programs, including accelerated instruction-related teacher professional development programs. (l) Prohibits this section from being implemented without sufficient funds for administering the accelerated instruction programs. (m) Provides that this section applies to the assessment instrument administered to students in the third grade beginning with the 2002-2003 school year, the fifth grade beginning with the 2004-2005 school year, and the eighth grade beginning with the 20072008 school year. (n) Provides that Subsections (m) and (n) expire January 1, 2008. SECTION 5. Amends Subchapter B, Chapter 39, Education Code by adding Section 39.0231, as follows: Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS. Requires the Texas Education Agency (TEA) to ensure that each assessment instrument administered in accordance with Section 28.0211 is scored and that the results are returned to the district within 10 days of receipt of the test materials by TEA or its test contractor. SECTION 6. Amends Section 39.024(b), Education Code, to require the intensive programs of instruction for students who did not perform satisfactorily on an assessment instrument under Section 39.023(a), (b), or (c) to be designed to carry out the purposes of Section 28.0211. SECTION 7. Amends Sections 39.051(b) and (d), Education Code, as follows: (b) Provides that performance indicators adopted under this section must include the number of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c), the number of students promoted through the grade placement committee process under Section 28.0211, 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. Makes conforming changes. (d) Requires the commissioner to define exemplary, recognized, and unacceptable performance based upon student performance for the period covering both the current and prior academic years for the indicator added in Subsection (b) of this Act. SECTION 8. Amends Section 39.052(b), Education Code, to make a conforming change. SECTION 9. Amends Sections 39.072(b) and (c), Education Code, to make conforming changes. SECTION 10. Amends Section 39.073(a), Education Code, to make a conforming change. SECTION 11. Amends Section 39.074(e), Education Code, to make a conforming change. SECTION 12. Amends Section 38.003(a), Education Code, to require the commissioner to adopt a list of recommended instruments that school districts are authorized to use to screen students for dyslexia and related disorders. SECTION 13. Amends Section 39.183, Education Code, to require TEA to include an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs in the report TEA is required to prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representative, 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. Makes conforming changes. SECTION 14. Amends Sections 25.001(a) and (b), Education Code, to entitle a person enrolled in a kindergarten class under Section 29.151 (Free Kindergarten) to the benefits of the available school fund. Makes conforming changes. SECTION 15. Amends Section 25.085(b), Education Code, to require a child who was at least five years of age on June 1 of the preceding school year or who had previously been enrolled in prekindergarten, and who has not yet reached the child's 18th birthday to attend school, unless specifically exempted by Section 25.086 (Exemptions). Previously a child had to be at least six years of age or previously enrolled in first grade. SECTION 16. Amends Section 29.151, Education Code, to require each school district to establish and maintain one or more kindergartens for the training of children residing in the district who were at least five years of age on June 1 of the preceding school year or who were younger than five years of age but have previously been enrolled in prekindergarten, rather than children who are at least five years of age on September 1 of the current school year. SECTION 17. Amends Subchapter E, Chapter 29, Education Code, by adding Section 29.155, as follows: Sec. 29.155. GRANTS FOR EDUCATIONAL COMPONENT OF HEAD START. Requires the commissioner to make grants, from funds appropriated for the purpose, for use in providing an educational component to federal Head Start programs or similar government-funded early childhood care and education programs. Requires the commissioner to adopt rules for implementation of this section, including rules prescribing eligibility criteria for receipt of a grant and for expenditure of grant funds. SECTION 18. Amends Chapter 46, Education Code, by adding Section 46.012, as follows: Sec. 46.012. GRANTS FOR KINDERGARTEN CLASSROOMS. (a) Requires the commissioner to make grants, from funds appropriated for the purpose, to school districts for the construction of kindergarten classrooms and for technology used in the instruction of kindergarten students. Requires the legislature to appropriate not more than $160 million for a fiscal biennium for this purpose. (b) Provides that, to receive a grant under this section, a school district must apply to the commissioner and submit evidence that one or more additional kindergarten classrooms are necessary for the district to accommodate the compulsory attendance of kindergarten students under Section 25.085 (Compulsory School Attendance). Provides that the application must also include an estimate of the cost of the construction of the additional kindergarten classrooms, including technology appropriate for the instruction of kindergarten students. (c) Requires the commissioner, if the commissioner approves an application, to grant to the district an amount equal to 100 percent of the estimated cost. Requires the commissioner to award grants to districts that present evidence of the greatest financial need, as determined by the commissioner, if the number of applications results in a total estimated cost of all application that exceeds the amount appropriated. (d) Requires the commissioner to adopt rules for the implementation of this section. SECTION 19. Amends the heading of Chapter 46, Education Code, as follows: CHAPTER 46. INSTRUCTIONAL FACILITIES SECTION 20. Requires the commissioner to recommend to the 77th Legislature appropriate measures to accommodate students with learning disabilities, including dyslexia and related disorders, with respect to the requirements of Section 28.0211, Education Code, as added by this Act. SECTION 21. Provides that the implementation of this Act is contingent on the legislature appropriating money sufficient to fund professional development for teachers required to teach the remedial programs specified under this Act. SECTION 22. Makes application of Sections 14-16 of this Act prospective to the 1999-2000 school year. SECTION 23. Effective date: upon passage, except that Sections 1-13 and 17-21 take effect September 1, 1999. SECTION 24. Emergency clause.