HBA-TBM H.B. 1144 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1144
By: Grusendorf
Public Education
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

In 1993, the Texas Legislature mandated the creation of the Texas public
school accountability system to accredit school districts and rate schools.
The Texas school accountability system has gained acclaim as one of the
best in the nation, but the system can be improved.  House Bill 1144
authorizes participation in multistate efforts to develop voluntary
standardized assessment instruments and establishes new ratings for schools
and districts as well as establishing a master mathematics teacher
certification program. 

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 5 (Section 21.411, Education Code), SECTION 8 (Section 29.087,
Education Code), SECTION 9 (Section 39.023, Education Code), and SECTION 13
(Section 39.0721, Education Code) of this bill. 

ANALYSIS

House Bill 1144 amends the Education Code to require the commissioner of
higher education and the commissioner of education (commissioner) to ensure
that the Texas Higher Education Coordinating Board and the Texas Education
Agency (TEA) coordinate and standardize records relating to student
performance (Sec. 7.006).  The bill requires a school district to ensure
that each student entering the ninth grade in the 2004-2005 school year and
thereafter enrolls in the courses necessary to complete the recommended or
advanced high school program (Sec. 28.025).   

Mathematics Education 
The bill requires the commissioner to award to one or more institutions a
grant to be used to develop and identify research on and practices that
improve mathematics skills acquisition and student learning in mathematics
(Sec. 7.058).  The bill requires the commissioner to use appropriated funds
to help provide a grading service for mathematics homework and examinations
and to consider all methods available to distribute mathematics homework
assignments (Sec. 7.059).  The bill requires the State Board for Educator
Certification to establish a master mathematics teacher certification
program and sets forth provisions for the issuance of such a certificate
(Sec. 21.0482).  The State Board of Education (SBOE) is required to propose
rules establishing requirements and prescribing an examination for master
mathematics teacher certification not later than January 1, 2003 (SEC. 17).
The bill requires the commissioner to establish a master mathematics
teacher grant program to pay a stipend to master mathematics teachers in
high-need campuses beginning with the 2003-2004 school year.  The bill sets
forth provisions regarding the administration of the grant program and
requires the commissioner to adopt related rules (Sec. 21.411 and SEC. 17).
The bill requires the commissioner to develop and make available training
materials, teacher training resources, and professional development
institutes to assist mathematics teachers (Secs. 21.454 and 21.455).  The
commissioner is required to develop and make available or contract for the
development and dissemination of mathematics assessment instruments to
diagnose student mathematics skills (Sec. 28.007).  The bill authorizes a
school district to provide an intensive after-school or summer program for
mathematics instruction and sets forth provisions regarding the creation,
administration, and funding of such a program (Sec. 29.087).   
 
Standardized Assessment Instruments 
The bill authorizes the commissioner to participate in multistate efforts
to develop voluntary standardized end-of-course assessment instruments.
The bill requires TEA to release the questions and answer keys to each
assessment instrument after the last time the insturment is administered
for a school year.  The bill requires the commissioner to develop a
standardized end-of-course assessment instrument for Algebra I. The
commissioner by rule may require a school district to administer the
instruments.  The admission, review, and dismissal committee of a student
in a special education program is required to determine whether any
allowable modification is necessary in administering to the student the
instruments or whether the student should be exempted.  The bill sets forth
provisions regarding additional modifications of the instruments for a
student who is determined to have dyslexia or a related disorder and who is
an individual with a disability according to federal law (Sec. 39.023).
Before the 2005-2006 school year, TEA is required to field-test assessment
instruments for students who have dyslexia.  Not later than the 2005-2006
school year, TEA shall adopt or develop and SBOE shall administer those
instruments (SEC. 18).  

Dropout Rates 
The bill requires performance indicators adopted by the SBOE and the
comprehensive biennial report published by TEA to include the dropout rates
and district completion rates for grade levels 9 through 12 (Secs. 39.051
and 39.182).  The annual performance report published by the board of
trustees (board) of each school district is required to include information
received from postsecondary institutions regarding first-year college
students that graduated from the district (Sec. 39.053).  The bill requires
the board of each school district to have the district's dropout records
audited annually and the report filed with TEA beginning with dropout
records for the 2001-2002 school year (Sec. 39.055 and SEC. 19). Not later
than February 1, 2002, TEA shall develop and disseminate a training program
for public accountants and certified public accountants in auditing public
school dropout records (SEC. 20).   

School District Performance
The bill requires the commissioner to develop, not later than June 30,
2002, a gold performance rating program based on enhanced performance to be
administered by TEA beginning with the 2001-2002 school year.  The bill
authorizes the commissioner to adopt rules as necessary to implement and
administer the program (Sec. 39.0721).   

The bill sets forth provisions authorizing the commissioner to appoint a
board of managers to exercise the powers and duties of the board of
trustees of a school district if the district has had a master or
management team assigned for a period of one year or more.  The provisions
regulate the appointments and the activities of the board of managers and
provide for the election of a board of trustees for the managed school
district (Sec. 39.131).   

EFFECTIVE DATE

September 1, 2001.