HBA-GUM H.B. 3675 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3675
By: Garcia
Public Education
4/13/1999
Introduced



BACKGROUND AND PURPOSE 

Students of limited English proficiency who enroll in public schools are
often instructed in English for one or more years due to a shortage of
bilingual education teachers.  Current law does not provide an assessment
system to evaluate the academic progress of these students.  H.B. 3675
provides an assessment system to evaluate the academic progress of
bilingual students who are being instructed in English.   This bill
provides for an evaluation of the students' progress for three years and
that it be done before the students are tested by an assessment instrument
adopted under Section 39.023 (Adoption and Administration of Instruments),
Education Code, unless a language and proficiency assessment  committee
waives a portion or all of the three-year period.  In addition, this bill
requires that the performance assessment of the specified students be
included in the academic excellence indicator system, the campus report
card, and a performance report.  H.B. 3675 also repeals Section
7.055(a)(33), Education Code, relating to the requirement that the
commissioner of education develop and propose to the legislature a
specified assessment system.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board of Education in SECTION
1 (Section 39.023, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 39.023, Education Code, by amending Subsections
(a) and (e) and adding Subsections (l) and (m), as follows: 

(a)  Adds language to require the Texas Education Agency (TEA) to develop
appropriate specified criterion-referenced assessment instruments.
Includes Subsection (l) among the exemptions from this subsection. 

(e)  Includes the assessment instrument under Subsection (l) among the
assessment instruments for which TEA is required to release the questions
and answer keys. 

(l)  Requires the State Board of Education (board) to adopt rules for the
administration of the assessment instruments adopted under Subsection (a)
to students of limited English proficiency, as defined by Section 29.052
(Definitions).  Requires TEA to adopt or develop assessment instruments to
assess the English reading proficiency of students as provided by board
rule. 

(m)  Requires TEA to adopt or develop and the board to administer the
assessment instruments adopted under Subsection (a) to students of limited
English proficiency as defined by Section 29.052 (Definitions), not later
than the 2002-2003 school year.  Requires TEA to initially release, under
Subsection (e), the questions and answer key to each assessment instrument
adopted or developed under Subsection (l) after the last administration of
an assessment instrument in the third school year in which the instrument
is administered. Provides that this subsection expires September 1, 2003. 

SECTION 2.  Amends Section 39.024(b), Education Board, to provide that an
intensive program under this section is to be designed to enable the
students under this section to attain a standard of  annual growth
specified by TEA. 

SECTION 3.  Amends Section 39.027, Education Code, by amending Subsections
(a) and (e) and adding Subsections (f) and (g), as follows: 

(a)(3)  Provides that a student may be exempted from the administration in
the English language of an assessment instrument specifically under Section
39.023(a) (Adoption and Administration of Instruments).  Provides that this
subdivision applies if the student meets the criteria for exemption
established by board rule. 

(e)  Requires the commissioner of education (commissioner), not later than
September 1, 2002, to develop an assessment system to be used for
evaluating the academic progress of students exempted under Subsection
(a)(3) who are instructed in English because of a shortage of teachers with
teaching certificates and endorsements appropriate for bilingual education
instruction or for English as a second language instruction at the
secondary level. Provides that not later than the 2002-2003 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), the campus report
card under Section 39.052 (Campus Report Card), and the performance report
under Section 39.053 (Performance Report).  Provides that this subsection
expires September 1, 2003. 

(f)  Provides that a student of limited English proficiency who is
enrolling for the first time in a public school in this state and is
instructed primarily in English for one or more school years because of a
shortage of teachers as described in Subsection (e) must be assessed for at
least three school years using an assessment instrument under Subsection
(a)(3).  Provides that assessment under this subsection must be completed
before the student may be assessed using an assessment instrument adopted
under Section 39.023 (Adoption and Administration of Instruments) unless
the committee established under Section 29.063 (Language Proficiency
Assessment Committees) waives all or a portion of the period.  Defines
"student of limited English proficiency." 

(g)  Redesignates existing text from Subsection (e).

SECTION 4.  Repealer: Section 7.055(b)(33) , Education Code (relating to
the requirement that the commissioner develop and propose to the
legislature a specified assessment system). 

SECTION 5.  Provides that Section 39.027(f), Education Code, as added by
this Act, applies beginning with the 2000-2001 school year. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.