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.