HBA-TBM H.B. 1144 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1144
By: Grusendorf
Public Education
3/12/2001
Introduced



BACKGROUND AND PURPOSE 

In 1993, the Texas Legislature mandated the creation of the Texas public
school accountability system to accredit school districts and rate schools.
The Texas school accountability system has gained acclaim as one of the
best in the nation, but the system can be improved.  House Bill 1144
provides targeted assistance to low-performing schools and new ratings and
rewards for schools and districts. 

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
SECTION 8 (Section 39.023, Education Code), SECTION  9 (Section 39.0721,
Education Code), SECTION  11 (Section 39.132, Education Code), and SECTION
13 (Section 42.159, Education Code) of this bill. 

ANALYSIS

House Bill 1144 amends the Education Code relating to public school
accountability.   

Coordination of Records

The bill requires the commissioner of education and the commissioner of
higher education to ensure that the Texas Education Agency (TEA) and the
Texas Higher Education Coordinating Board (THECB) coordinate and
standardize records relating to student performance to permit TEA and THECB
to match individual student records so that a student's academic
performance may be assessed throughout the student's educational career
(Sec. 7.006).  

Voluntary Standardized Assessment Instruments

The bill authorizes the commissioner to participate in multistate efforts
to develop voluntary standardized end-of-course assessment instruments.
The bill authorizes the commissioner, by rule, to require a school district
to administer such assessment instruments.  It also requires the admission,
review, and dismissal committee of a special education student to determine
whether any modifications or exemptions are necessary for the student.  The
bill requires TEA to release the questions and answer keys to each
assessment instrument after the last time the instrument is administered
for a school year (Sec. 39.023). 

Voluntary Gold Performance Rating Program

The bill requires the commissioner, in consultation with an advisory
committee appointed by the commissioner, to develop a voluntary gold
performance rating program administered by the TEA.  The bill specifies the
criteria to be used to determine voluntary gold performance ratings.  The
bill requires the commissioner to appoint the advisory committee no later
than March 1, 2002 and to adopt any rules necessary for implementation and
administration of the program no later than March 30, 2006 (Sec. 39.0721
and SECTION 9). 

 Declaration of Emergency Status at Low-Performing Campuses

H.B. 500 grants the commissioner authority to authorize a school district's
board of trustees upon application to declare emergency status for a campus
in the district that is considered low-performing according to the
accreditation status issued by TEA.  The bill provides that the application
is considered granted if the commissioner does not notify the board of
trustees in writing within 30 days of receipt that the application is
denied.  The bill authorizes the commissioner to waive state laws and rules
in order to aggressively address problems at the campus.  The bill
prohibits the commissioner from approving emergency status at a campus for
longer than two years unless the board of trustees submits a written
application for an emergency status extension not to exceed one year.  The
commissioner is authorized to adopt rules to administer the emergency
status provisions (Secs. 39.131 and 39.132). 

Campus Bonus Allotment

The bill entitles a school district to an annual allotment of $3,000 for
each full-time equivalent teacher at a campus determined by the
commissioner to have shown extraordinary improvement and $1,000 for each
full-time equivalent teacher at a campus determined by the commissioner to
have shown significant improvement in the previous school year.  The bill
specifies that funds be used only at the campus that received the
allotment, and requires the site-based decision-making committee of that
campus to determine the manner in which the allotment will be used.  The
bill authorizes the commissioner to adopt rules to administer the campus
bonus allotment provisions (Sec. 42.159). 

EFFECTIVE DATE

The Campus Bonus Allotment Provisions of the Act take effect September 1,
2001.  The remainder of the Act takes effect on passage or, if the Act does
not receive the necessary vote, the Act takes effect September 1, 2001.
Provisions relating to the declaration of emergency status at
low-performing schools apply beginning with the 2001-2002 school year.