HBA-GUM S.B. 103 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 103
By: Bivins
Public Education
4/21/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, students must pass the 10th grade exit-level Texas Assessment of
Academic Skills (TAAS) test covering various subjects in order to graduate
from high school.  Some businesses and institutions of higher education
have requested the state to administer an exit-level exam with a broader
content.  S.B. 103 establishes provisions regarding state assessment exams,
including requiring assessment exams to be taken more frequently and in the
11th grade, and to include social studies and science. 

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
SECTIONS 1.10 and 2.10 of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1

SECTION 1.01.  Provides that except as otherwise provided by this article,
this article takes effect September 1, 1999. 

SECTION 1.02.  Amends Section 28.025(a), Education Code, to provide that a
student may graduate and receive a diploma only if the student successfully
completes the curriculum requirements identified by the board and complies
with Section 39.025(a) (regarding performing satisfactorily on an
exit-level assessment instrument in order to obtain a high school diploma),
rather than the exit level assessment instrument administered under Section
39.023(c) (relating to a secondary exit-level assessment instrument
concerning competency in mathematics and English language arts), or the
student successfully completes an individualized education program
developed under Section 29.005 (Individualized Education Program).  Makes
conforming changes. 

SECTION 1.03.  Amends Subsections (a) and (c), Section 39.023, Education
Code, as follows: 

(a)  to require all students, except students assessed under Subsection (b)
or exempted under Section 39.027 (Exemption), to be assessed in: 

(1)  mathematics, annually in grades three through 10, rather than in
grades three through       eight; 
(2)  reading, annually in grades three through nine, rather than in grades
three through          eight; 
(3)  writing, in grades four and eight;
(4)  English language arts, in grade 10;
(5)  social studies, in grades seven and 10, rather than at an appropriate
grade level               determined by the State Board of Education; and 
(6)  science, in grades five and 10, rather than at a grade level
determined by the State          Board of Education. 

(c)  Adds language to require the Texas Education Agency (TEA) to
administer to students in grade 11 the secondary exit-level assessment
instruments under this section (Adoption and  Administration of
Instruments).  Includes science and social studies among the subjects
tested by the assessment instruments.  Provides that the assessment
instruments must be designed to assess a student's mastery of minimum
skills necessary for high school graduation and readiness to enroll in an
institution of higher education.  Requires the Texas Higher Education
Coordinating Board (coordinating board) to assist TEA in determining the
skills necessary for readiness to enroll in an institution of higher
education.  Provides that a student who performs at or above a level
established by the coordinating board on the secondary exit-level
assessment instruments is exempt from the requirements of Section 51.306
(Testing and Remedial Coursework). 

SECTION 1.04.  (a)  Provides that this section takes effect only if S.B. 1,
Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes
law. 

(b)  Amends Section 39.023(e), Education Code, to provide that TEA is not
required to release the questions and answer keys to an assessment
instrument administered in compliance with Section 28.0211(b) (as added by
S.B. 1, Acts of the 76th Legislature, Regular Session, 1999)  before the
fifth anniversary of the last date on which the assessment instrument is
administered.  Makes conforming changes. 

SECTION 1.05.  (a)  Provides that this section takes effect only if S.B. 1,
Acts of the 76th Legislature, Regular Session, 1999, is not enacted or does
not become law. 

(b)  Amends Section 39.023(e), Education Code, to make conforming changes.

SECTION 1.06.  Amends Section 39.025(a), Education Code, to make conforming
changes. 

SECTION 1.07.  Amends Section 39.051(b), Education Code, to make conforming
changes. 

SECTION 1.08.  Amends Section 39.052(b), Education Code, to make conforming
changes. 

SECTION 1.09.  Repealer:  Section 39.023(d) (requiring TEA to adopt end-of
course assessment instruments for certain specified students) and Section
39.023(j) (requiring the Texas Board of Education to administer the
assessment instruments under Subsection (d)), Education Code. 

SECTION 1.10.  Requires the commissioner of education to adopt rules for
the implementation of Section 39.023, Education, as amended by this Act.
Sets forth the requirements for the rules. 

SECTION 1.11.  (a)  Requires the commissioner of education to conduct a
study to determine the effectiveness of changes to Subchapter B (Assessment
Of Academic Skills), Chapter 39, Education Code, as amended by this Act.
Sets forth the areas required to be included under the study, and provides
that the study is not limited to those areas.   

(b)  Requires the commissioner of education to report the results of the
study to the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of the standing committee in
each house of the legislature with primary jurisdiction over public
education, no later than December 1, 2006. 

ARTICLE 2

SECTION 2.01  Provides that except as otherwise provided by this article,
this article takes effect September 1, 2007. 

SECTION 2.02.  Makes no change to Section 28.025, Education Code.

SECTION 2.03.  Makes no change to Sections 39.023(a) and (c), Education
Code. 

SECTION 2.04.  Makes no change to Section 39.023(d), Education Code.

SECTION 2.05.  (a)  Provides that this section takes effect only if S.B. 1,
Acts of the 76th  Legislature, Regular Session, 1999, is enacted and
becomes law.   

(b)  Amends Subsection (e), Section 39.023, to provide that the required
release of the questions and answer keys to each assessment instrument
applies to an assessment instrument initially administered under certain
specified provisions.  Provides that TEA is not required to release the
questions and answer keys to an assessment instrument administered in
compliance with Section 28.0211(b) before the fifth anniversary of the last
date on which the assessment instrument is administered. 

SECTION 2.06.  (a)  Provides that this section takes effect only if S.B. 1,
Acts of the 76th Legislature, Regular Session, 1999, is not enacted or does
not become law. 

(b)  Makes no change to Section 39.023(e), Education Code.

SECTION 2.07.  Makes no change to Section 39.025(a), Education Code.

SECTION 2.08.  Makes no change to Section 39.051(b), Education Code.

SECTION 2.09.  Makes no change to Section 39.052(b), Education Code.

SECTION 2.10.  Requires the commissioner of education to adopt rules for
the implementation of Section 39.023, Education Code, as amended by this
article.  Sets forth the requirements of the rules. 

ARTICLE 3

SECTION 3.01.  Emergency clause.