HBA-TBM H.B. 1144 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1144 By: Grusendorf Public Education 3/12/2001 Introduced 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 provides targeted assistance to low-performing schools and new ratings and rewards for schools and districts. 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 8 (Section 39.023, Education Code), SECTION 9 (Section 39.0721, Education Code), SECTION 11 (Section 39.132, Education Code), and SECTION 13 (Section 42.159, Education Code) of this bill. ANALYSIS House Bill 1144 amends the Education Code relating to public school accountability. Coordination of Records The bill requires the commissioner of education and the commissioner of higher education to ensure that the Texas Education Agency (TEA) and the Texas Higher Education Coordinating Board (THECB) coordinate and standardize records relating to student performance to permit TEA and THECB to match individual student records so that a student's academic performance may be assessed throughout the student's educational career (Sec. 7.006). Voluntary Standardized Assessment Instruments The bill authorizes the commissioner to participate in multistate efforts to develop voluntary standardized end-of-course assessment instruments. The bill authorizes the commissioner, by rule, to require a school district to administer such assessment instruments. It also requires the admission, review, and dismissal committee of a special education student to determine whether any modifications or exemptions are necessary for the student. The bill requires TEA to release the questions and answer keys to each assessment instrument after the last time the instrument is administered for a school year (Sec. 39.023). Voluntary Gold Performance Rating Program The bill requires the commissioner, in consultation with an advisory committee appointed by the commissioner, to develop a voluntary gold performance rating program administered by the TEA. The bill specifies the criteria to be used to determine voluntary gold performance ratings. The bill requires the commissioner to appoint the advisory committee no later than March 1, 2002 and to adopt any rules necessary for implementation and administration of the program no later than March 30, 2006 (Sec. 39.0721 and SECTION 9). Declaration of Emergency Status at Low-Performing Campuses H.B. 500 grants the commissioner authority to authorize a school district's board of trustees upon application to declare emergency status for a campus in the district that is considered low-performing according to the accreditation status issued by TEA. The bill provides that the application is considered granted if the commissioner does not notify the board of trustees in writing within 30 days of receipt that the application is denied. The bill authorizes the commissioner to waive state laws and rules in order to aggressively address problems at the campus. The bill prohibits the commissioner from approving emergency status at a campus for longer than two years unless the board of trustees submits a written application for an emergency status extension not to exceed one year. The commissioner is authorized to adopt rules to administer the emergency status provisions (Secs. 39.131 and 39.132). Campus Bonus Allotment The bill entitles a school district to an annual allotment of $3,000 for each full-time equivalent teacher at a campus determined by the commissioner to have shown extraordinary improvement and $1,000 for each full-time equivalent teacher at a campus determined by the commissioner to have shown significant improvement in the previous school year. The bill specifies that funds be used only at the campus that received the allotment, and requires the site-based decision-making committee of that campus to determine the manner in which the allotment will be used. The bill authorizes the commissioner to adopt rules to administer the campus bonus allotment provisions (Sec. 42.159). EFFECTIVE DATE The Campus Bonus Allotment Provisions of the Act take effect September 1, 2001. The remainder of the Act takes effect on passage or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. Provisions relating to the declaration of emergency status at low-performing schools apply beginning with the 2001-2002 school year.