HBA-MPM H.B. 698 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 698
By: Wilson
Public Education
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a student may graduate from high school and receive a diploma
only if the student successfully completes the curriculum requirements
identified by the State Board of Education and an exit-level assessment
instrument administered under Section 39.023 (Adoption and Administration
of Instruments), Education Code or if the student completes an
individualized education program.  H.B.698 deletes the requirement that a
student complete an exit-level assessment instrument in order to graduate
from high school and receive a diploma.  This bill also prohibits such an
assessment instrument from being used as a condition of high school
graduation and requires the Texas Education Agency to ensure that an
assessment instrument is validated in a manner required or recommended by
the American Psychological Association prior to its administration. 

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 28.025, Education Code, as follows:

Sec. 28.025.  New title:  HIGH SCHOOL DIPLOMA; ACADEMIC ACHIEVEMENT RECORD.
(a) Deletes language requiring a student to successfully complete an
exit-level assessment instrument administered under Section 39.023(c) or
each end-of-course assessment instrument required to be adopted under
Section 39.023(d) in order to graduate and receive a high school diploma.
Sections 39.023(c) and (d) (Adoption and Administration of Instruments)
address the adoption of secondary exit-level and end-of-course instruments
in certain subject areas, and modifications in or exemptions from the
exit-level or end-ofcourse instrument by the State Board of Education
(board).  Deletes "and certificate" from existing title. 

(b)  Deletes language authorizing a school district to issue a certificate
of coursework completion to a student who successfully completes the
curriculum requirements identified by the board under Subsection (a) but
who fails to perform satisfactorily on the assessment instruments specified
by Subsection (a).  Deletes language authorizing a school district to allow
a student who receives a certificate to participate in a high school
graduation ceremony. 

(c)  Redesignates existing Subsection (c) to Subsection (b).  Makes
conforming changes. 

SECTION 2. Amends Section 39.025, Education Code, as follows:

Sec. 39.025.  New title:  USE OF ASSESSMENT INSTRUMENTS.  Provides that an
assessment instrument adopted under Section 39.023(a), (b), or (c) may not
be used as a condition of high school graduation, but may only be used to
measure a student's progress or level of achievement; evaluate the
performance or progress of a teacher; or evaluate a school or school
district.  Section 39.023(a), (b) and (c) set forth criterion for the
adoption  and administration of assessment instruments and exit-level
assessment instruments by the agency that are designed to assess a
student's competency in certain subject areas.  Deletes existing language.
Makes a conforming change.   

SECTION 3.  Amends Subchapter B, Chapter 39, Education Code, by adding
Section 39.0261, as follows: 

Sec. 39.0261.  VALIDATION OF ASSESSMENT INSTRUMENTS.  Requires the Texas
Education Agency (agency) to ensure that before an assessment instrument is
administered, it is validated in a manner required or recommended by the
American Psychological Association as requirements or recommendations
existed on January 1, 1999. 

SECTION 4.  Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.