HBA-MPM H.B. 801 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 801
By: Longoria
Public Education
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Texas public schools have an estimated attrition rate of 150,000 students
per year.  Approximately 47 percent of African-American students and 52
percent of Hispanic-American are lost from public schools each year.  New
methods of teaching may result in a higher retention rate for these
students, particularly reading, spelling, and mathematics curriculums based
on scientific research.  Scientific research based curriculums are those
that have been tested in the classroom, have been widely implemented, have
been effectively replicated in every kind of educational environment, and
have proven themselves to be effective in these settings over a relatively
long period of time.  House Bill 801 requires public schools to use
educational methods and curricula based on scientific research. 

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. 

ANALYSIS

House Bill 801 amends the Education Code to require public schools to use
educational methods and curricula based on scientific research in the
foundation curriculum, accelerated instruction, bilingual education,
special education programs, tutorial services, and adult education
programs. 

The bill authorizes a parent to obtain a court order from a district court
in the county where a school district is located requiring a school
district's superintendent to comply with an agreement between the district
and parent upon admitting a student to a school-community guidance center.
The bill provides that a superintendent who violates a court order may be
punished for contempt of court (Sec. 37.055). 

H.B. 801 provides that a home-rule school district, a campus or program for
which a charter is granted, and an open-enrollment charter school are
subject to the requirement to have a foundation curriculum that includes
English language arts and mathematics, including elementary reading,
monographic spelling, and mathematics using educational methods based on
scientific research (Secs. 12.013, 12.056, and 12.104). 

The bill provides that the first time a student is referred to the
principal, the principal must determine the student's educational
performance level by administering a reading decoding and comprehension
placement test and a mathematics placement test.  The bill provides that if
a student's test performance is more than two or more grade levels below
the student's assigned grade level, the principal must place the student in
an appropriate corrective reading or mathematics program that uses methods
based on scientific research. The bill requires the principal to employ
appropriate discipline management techniques if the student's test
performance is equal to or greater than the student's assigned grade level
or if the student continues to act inappropriately after being placed in a
corrective educational program (Sec. 37.002). 

The bill provides that a student who is not performing at grade level on
entering a juvenile justice alternative education program be placed in a
corrective educational program that uses methods based on scientific
research (Sec. 37.011). 
 
EFFECTIVE DATE

July 1, 2001, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.