HBA-MPM H.B. 2804 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2804
By: Garcia
Public Education
4/12/1999
Introduced


BACKGROUND AND PURPOSE 

Students of limited English proficiency who have immigrated from a foreign
country and enroll in Texas public schools are often instructed in English
for one or more years because of a shortage of bilingual teachers.  H.B.
2804 requires the commissioner of education to develop an assessment system
to evaluate the progress of bilingual students who are being instructed in
English, and provides that the results of this assessment will be posted on
campus report cards and the academic excellence indicator system.  This
bill also provides that a student of limited English proficiency who is
instructed in English must be assessed for at least three school years
using the assessment instrument developed by the commissioner. 

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 39.027, Education Code, by amending Subsection
(e) and adding Subsections (f) and (g), as follows: 

(e)  Requires the commissioner of education (commissioner) to develop an
assessment system to be used for evaluating the progress of students
exempted under Section (a)(3) (regarding a student of limited English
proficiency) who are instructed in English because of a shortage of
teachers with teaching certificates and endorsements appropriate for
bilingual education instruction no later than September 1, 2000.  Provides
that no later than the 2000-2001 school year, the performance under an
assessment system of students to whom Subsection (a)(3) applies must be
included in the academic excellence indicator system under Section 39.051
(Academic Excellence Indicators), Education Code, the campus report card
under Section 39.052 (Campus Report Card), Education Code, and the
performance report under Section 39.053 (Performance Report), Education
Code.  Provides that this section expires September 1, 2001. 

(f)  Provides that a student of limited English proficiency who is
instructed in English must be assessed for at least three school years
using an assessment instrument developed by the commissioner specifically
for evaluating the student's progress if the student: 

_has immigrated from a foreign country;
_is enrolling for the first time in a public school in this state; and
_is instructed in English for one or more school years because of a
shortage of teachers with appropriate credentials for bilingual education
instruction. 

(g)  Redesignated from existing Subsection (f).

SECTION 2.  Makes Section 39.027(f), Education Code, as added by this Act,
applicable beginning with the 2000-2001 school year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.