HBA-PDH H.B. 760 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 760
By: Dutton
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a school district is not required to establish a basic skills
academy.  H.B. 760 requires a school district with an enrollment of at
least 190,000 students to establish a basic skills academy at each
elementary school if the school has at least 20 students eligible for
special education or is identified as a low-performing school.  In this
bill, "basic skills" means reading, writing, and mathematics.    

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 Chapter 29, Education Code, by adding Subchapter J, as
follows: 

SUBCHAPTER J.  BASIC SKILLS ACADEMIES IN CERTAIN 
SCHOOL DISTRICTS

Sec. 29.351.  APPLICABILITY OF SUBCHAPTER.  Provides that this subchapter
applies only to a school district (district) with an enrollment of at least
190,000 students on the last day of the preceding school year. 

Sec. 29.352.  DEFINITION.  Defines "basic skills."

Sec. 29.353.  BASIC SKILLS ACADEMIES REQUIRED.  Requires a district to
establish a basic skills academy at each elementary school that has 20 or
more students identified as eligible for special education under Subchapter
A (Special Education Program) or that is identified as low performing under
Subchapter D (Accreditation Status), Chapter 39 (Public School System
Accountability).  Provides that the academic program of a basic skills
academy must focus on basic skills.  Requires a basic skills academy to
serve students in grades three through six. 

Sec. 29.354.  DIAGNOSTIC TESTING FOR BASIC SKILLS PROFICIENCY; PLACEMENT IN
BASIC SKILLS ACADEMY.  Requires a school that is required to have a basic
skills academy to administer a diagnotic test to each student in the third
grade to determine the student's proficiency in basic skills.  Requires the
Texas Education Agency (agency) to establish a level of basic skills at
which each student in the third through sixth grade must be proficient.
Authorizes the board of trustees of a district to establish a level of
basic skills that is different but not lower than the level established by
the agency.  Requires a district to place a student in the basic skills
academy if the student does not meet the applicable level of proficiency in
basic skills. 

Sec. 29.355.  PERIODIC TESTING OF STUDENTS IN BASIC SKILLS ACADEMY.
Requires a district to periodically test each student in a basic skills
academy to determine the student's proficiency in basic skills.  Requires a
district to return each student who meets the applicable level of
proficiency in basic skills to the regular academic program. 
 
Sec. 29.356.  IDENTIFICATION OF STUDENTS IN BASIC SKILLS ACADEMY. Requires
a district, for the purposes of accountability under Chapter 39 (Public
School System Accountability), to identify to the agency each student
placed in a basic skills academy. 

Sec.  29.357.  FUNDING OF BASIC SKILLS ACADEMY.  Provides that a district
is entitled to $4,000 in additional state funding for each student in a
basic skills program in addition to funding to which the school district is
entitled under Chapter 42 (Foundation School Program).  Requires that
funding be derived from the amount appropriated out of the net proceeds of
the state lottery account under Chapter 466 (State Lottery), Government
Code. 

Sec. 29.358.  CONTRACT AUTHORITY.  Authorizes the board of trustees of a
district to contract under Section 11.157 (Contracts for Educational
Services), Education Code, for the provision of educational services to
students placed in a basic skills academy. 

Sec.  29.359.  EXPIRATION.  Provides that this subchapter expires September
1, 2003. 

SECTION 2.  Amends Section 39.053, Education Code, by adding Subsection
(a-1), to require the annual report of a school district to which
Subchapter J, Chapter 29, applies to include the performance rating of each
basic skills academy as provided under Section 39.072(d).  Provides that
this subsection expires September 1, 2003. 

SECTION 3.  Amends Section 39.072, Education Code, by adding Subsection
(d), to require the Texas Education Agency to evaluate against state
standards and report the performance of each basic skills academy
established under Suchapter J, Chapter 29, on the basis of the academy's
performance on the indicators adopted under Sections 39.051 (b) (1)-(3),
(8), and (9) (Academic Excellence Indicators), Education Code.  Provides
that notwithstanding Section 39.072(c), the performance of a campus that
has a basic skills academy is not based on students placed in the basic
skills academy. Provides that this subsection expires September 1, 2003. 

SECTION 4.  Amends Section 42.152, Education Code, by adding Subsection
(c-1), to provide that for purposes of Subsection (c), a basic skills
academy established under Subchapter J, Chapter 29, is considered to be an
accelerated instruction program under Section 29.081 (Compensatory and
Accelerated Instruction), Education Code.  Provides that this subsection
expires September 1, 2003. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Requires each school district to which Subchapter J, Chapter 29,
applies to establish basic skills academies by the beginning of the
2000-2001 school year. 

SECTION 7.Emergency clause.