HBA-JRA S.B. 1 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1 By: Bivins Public Education 3/23/1999 Engrossed BACKGROUND AND PURPOSE Currently, some students graduate from high school without the reading ability necessary to secure employment. Early intervention and assistance by schools may better prepare these students for postacademic life. S.B. 1 requires school districts to provide accelerated instruction in reading to kindergarten and first and second grade students who have been determined to be reading below grade level and to provide accelerated instruction in reading, mathematics, or writing, as necessary, for third, fifth, and eighth grade students who fail to perform satisfactorily on the tests required for promotion to the next grade level. Additionally, this bill provides for the establishment of a grade placement committee to target the specific academic needs of students performing consistently unsatisfactorily and requires a student to be retained at current grade level if the student fails to perform satisfactorily on the required tests three times. 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 4 (Section 28.0211, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.104(b), Education Code, to provide that an open-enrollment charter school is subject to a prohibition, restriction, or requirement, imposed by this title (Public Education), or a rule adopted under this title, relating to reading tests and accelerated reading instruction programs under Section 28.006 (Reading Diagnosis), Education Code, and satisfactory performance on tests and accelerated instruction under Section 28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction), Education Code. Redesignates existing Paragraphs (D)-(I) to Paragraphs (F)-(K). SECTION 2. Amends Section 25.085(d), Education Code, to provide that a student enrolled in a school district must attend an accelerated reading instruction program to which the student is assigned under Section 28.006(g), Education Code, and an accelerated instruction program to which the student is assigned under Section 28.0211, as well as an extended-year program or tutorial classes, unless specifically exempted by Section 25.086 (Exemptions), Education Code. SECTION 3. Amends Section 28.006, Education Code, by amending Subsection (d) and adding Subsections (g)-(m), as follows: (d) Requires the superintendent of each school district to report the results of reading tests to the commissioner of education (commissioner) and, in writing, to the student's parent or guardian, as well as the board of trustees of the district. (g) Requires a school district to notify the parent or guardian of each student in kindergarten or first or second grade who is determined, on the basis of reading test results, to be below grade level in reading development or comprehension. Requires the district to implement and determine the form, content, and timing of an accelerated reading instruction program that provides research-based reading instruction to those students. (h) Requires the school district to make a good faith effort to ensure that the notice required by this section is provided in person or by regular mail, and is clear, easy to understand, and written both in English and the parent or guardian's native language. (i) Requires the commissioner to certify, by July 1 of each school year or as soon as practicable thereafter, whether sufficient funds have been appropriated statewide for the purposes of this section. Provides that a determination by the commissioner is final and may not be appealed. Prohibits the commissioner from considering Foundation School Program funds for purposes of certification. (j) Prohibits more than 15 percent of the funds certified by the commissioner from being spent on indirect costs. Requires the commissioner to evaluate the programs that fail to meet the standard of performance under Section 39.051(b)(7) (Academic Excellence Indicators), Education Code, and authorizes the commissioner to implement sanctions under Subchapter G, Chapter 39 (Accreditation Sanctions), Education Code. Authorizes the commissioner to audit the expenditures of funds appropriated for purposes of this section. Requires funds appropriated for purposes of this section to be verified as part of the district audit under Section 44.008 (Annual Audit; Report), Education Code. (k) Authorizes the implementation of provisions of this section relating to parental notification of a student's results on the reading test and the accelerated reading instruction program only if funds are appropriated during a school year for administering the accelerated reading instruction program. (l) Requires each district to provide the accelerated reading instruction to students in kindergarten during the 1999-2000 school year, kindergarten and first grade during the 20002001 school year, and kindergarten and first and second grades beginning with the 20012002 school year. (m) Provides that Subsection (l) and this subsection expire January 1, 2002. SECTION 4. Amends Subchapter B, Chapter 28, Education Code, by adding Section 28.0211, as follows: Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Prohibits, except as provided by Subsection (e), a student from being promoted to the fourth grade if the student does not perform satisfactorily on the third grade reading test, to the sixth grade if the student does not perform satisfactorily on the fifth grade mathematics and reading test, or to the ninth grade if the student does not perform satisfactorily on the eighth grade mathematics, reading, and writing tests. (b) Requires a school district to provide at least two additional opportunities to take the test to a student who initially fails to perform satisfactorily. (c) Requires a school district to provide a student accelerated instruction in the applicable subject area each time the student fails to perform satisfactorily on a test. Requires the school district to screen the student for dyslexia and related disorders after the first failure if the student has not been previously diagnosed as having dyslexia or a related disorder. Requires the student's parent or guardian to be notified of the testing accommodations available for the test if the student is diagnosed as having dyslexia or a related disorder. Requires a grade placement committee (committee) to be established, after a student's second failure, to prescribe the accelerated instruction the district is required to provide to the student before the student is administered the test the third time. Sets forth the composition of the committee. Requires the district to notify the parent or guardian of the time, place, and purpose for convening the committee. Prohibits an accelerated instructional group from having a ratio of more than 16 students to each teacher. (d) Requires the district to notify the student's parent or guardian of the student's failure to perform satisfactorily on the test, the accelerated instructional program to which the student is assigned, and the possibility that the student might be retained at the same grade level for the next school year. (e) Requires a student who fails to perform satisfactorily on the test after at least three attempts to be retained at the same grade level for the next school year. Authorizes the student's parent or guardian to appeal the student's retention by submitting a request to the committee. Requires the school district to give the parent or guardian written notice of the opportunity to appeal. Authorizes the committee to decide in favor of a student's promotion only if the committee concludes, using standards adopted by the board of trustees, that the student is likely to perform at grade level if promoted and given accelerated instruction. Prohibits a student from being promoted on the basis of the committee's decision unless that decision is unanimous. Requires the commissioner, by rule, to establish a timeline for making the placement determination. Provides that this subsection does not create a property interest in promotion. Provides that the decision of the committee is final and may not be appealed. (f) Requires a school district to provide accelerated instruction during the next school year to a student who has failed a test three times, as prescribed by an educational plan developed for the student by the student's committee. Requires the district to provide the accelerated instruction regardless of whether the student has been promoted or retained. Provides that the educational plan must be designed to enable the student to perform at the appropriate grade level by the end of the school year. Requires the student to be monitored during the school year to ensure that the student is progressing in accordance with the plan. Requires the district to administer to the student the test for the grade level in which the student is place at the time the district regularly administers tests for that year. (g) Provides that this section does not preclude the retention of a student who performs satisfactorily on a test specified under Subsection (a). (h) Requires the school district to make a good faith effort to ensure that each notice required by this section is provided in person or by regular mail, and is clear, easy to understand, and written both in English and the parent or guardian's native language. (i) Requires a school district or open-enrollment charter school to provide transportation for students required to attend accelerated programs under this chapter. (j) Requires the commissioner to adopt rules as necessary to implement this section, including rules concerning when school districts shall administer the required tests and which administration of the tests will be used for purposes of Section 39.051 (Academic Excellence Indicators), Education Code. (k) Requires the commissioner to issue a report to the legislature reviewing the enrollment of students in accelerated instruction and the quality and availability of accelerated instruction programs, including accelerated instruction-related teacher professional development programs, by December 1, 2000. (l) Provides that this section may be implemented only if sufficient funds are appropriated during a school year for administering the accelerated instruction programs specified under this section. (m) Provides that this section applies to the tests administered to students in the third grade beginning with the 2002-2003 school year, the fifth grade beginning with the 20042005 school year, and the eighth grade beginning with the 2007-2008 school year. (n) Provides that Subsection (m) and this subsection expire January 1, 2008. SECTION 5. Amends Subchapter B, Chapter 39, Education Code, by adding Section 39.0231, as follows: Sec. 39.0231. REPORTING OF RESULTS OF CERTAIN ASSESSMENTS. Requires the Texas Education Agency (agency) to ensure that each test administered in accordance with Section 28.0211 is scored and the results are returned to the appropriate school district within 10 days of receipt of the test materials by the agency or its test contractor. SECTION 6. Amends Section 39.024(b), Education Code, to require that the intensive program of instruction for students who did not perform satisfactorily on a test administered under this subchapter be designed to carry out the purposes of Section 28.0211, if applicable. SECTION 7. Amends Sections 39.051(b) and (d), Education Code, as follows: (b) Includes among the indicators to be compared to state-established standards, the number of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c); the results of tests administered under that section; the number of students promoted through the grade placement committee process under Section 28.0211; the subject of the tests on which each student failed to perform satisfactorily; and the test performance of those students in the school year following that promotion. Redesignates existing Subdivisions (7)-(9) to Subdivisions (8)-(10). (d) Requires the commissioner to define exemplary, recognized, and unacceptable performance based upon student performance for the period covering both the current and prior academic years, for the indicator added by this Act. SECTION 8. Amends Section 39.052(b), Education Code, to make conforming changes. SECTION 9. Amends Section 39.072(b) and (c), Education Code, to make conforming changes. SECTION 10. Amends Section 39.073(a), Education Code, to make conforming changes. SECTION 11. Amends Section 39.074(e), Education Code, to make conforming changes. SECTION 12. Amends Section 38.003(a), Education Code, to require the commissioner to adopt a list of recommended tests that may be used to screen students for dyslexia and related disorders. SECTION 13. Amends Section 39.183, Education Code, to provide that the regional and district level report covering the preceding two school years must contain an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs. SECTION 14. Requires the commissioner to recommend to the 77th Legislature appropriate measures to accommodate students with learning disabilities, including dyslexia and related disorders, with respect to the requirements of Section 28.0211, Education Code, as added by this Act. SECTION 15. Provides that implementation of this Act is contingent on the legislature appropriating money sufficient to fund professional development for teachers required to teach the remedial programs specified under this Act. SECTION 16. Effective date: September 1, 1999. SECTION 17. Emergency clause.