H.R. No. 3047
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 3, relating to public school
accountability, curriculum, and promotion requirements, to
consider and take action on the following matters:
(1) House Rule 13, Sections 9(a)(1), (2), and (4), are
suspended to permit the committee to change and omit text not in
disagreement and to add text on a matter not included in either
version of the bill, in SECTION 1 of the bill, in Section 7.009,
Education Code, to read as follows:
SECTION 1. Section 7.009, Education Code, is amended to
read as follows:
Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board, the agency shall
establish an online clearinghouse of information relating to best
practices of campuses, [and] school districts, and open-enrollment
charter schools. The agency shall determine the appropriate topic
categories for which a campus, district, or charter school may
submit best [regarding instruction, dropout prevention, public
school finance, resource allocation, and business] practices. To
the extent practicable, the agency shall ensure that information
provided through the online clearinghouse is specific, actionable
information relating to the best practices of high-performing and
highly efficient campuses, [and school] districts, and
open-enrollment charter schools and of academically acceptable
campuses, districts, and open-enrollment charter schools that have
demonstrated significant improvement in student achievement rather
than general guidelines relating to campus, [and school] district,
and open-enrollment charter school operation. The information must
be accessible by campuses, school districts, open-enrollment
charter schools, and interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers for education research
established under Section 1.005, and [exemplary or recognized]
school districts, campuses, and open-enrollment charter schools[,
as rated under Section 39.072,] examples of best practices as
determined by the agency under Subsection (a) [relating to
instruction, dropout prevention, public school finance, resource
allocation, and business practices, including best practices
relating to curriculum, scope and sequence, compensation and
incentive systems, bilingual education and special language
programs, compensatory education programs, and the effective use of
instructional technology, including online courses].
(c) The agency shall contract for the services of one or
more third-party contractors to develop, implement, and maintain a
system of collecting and evaluating the best practices of campuses,
[and] school districts, and open-enrollment charter schools as
provided by this section. In addition to any other considerations
required by law, the agency must consider an applicant's
demonstrated competence and qualifications in analyzing campus,
[and] school district, and open-enrollment charter school
practices in awarding a contract under this subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts and open-enrollment
charter schools.
Explanation: The alteration of text is necessary to permit
school districts and open-enrollment charter schools to submit best
practices in any relevant area, to clarify that a third-party
contractor may collect and evaluate best practices submitted by
open-enrollment charter schools, and to clarify that the
commissioner of education may purchase curriculum and other
instructional tools to provide for use by open-enrollment charter
schools.
(2) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement, in SECTION 25 of the
bill, in amended Section 28.002, Education Code, to read as
follows:
(c-2) The State Board of Education shall adopt rules to
authorize each school district to implement a program under which
students in middle or junior high school may earn credits toward
high school graduation in middle or junior high school for any
course determined by board rule to qualify as a high school
equivalent course.
Explanation: The omission of text is necessary to remove the
requirement directing the State Board of Education to adopt rules
to authorize school district programs to allow middle or junior
high school students to earn high school credit.
(3) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement, in SECTION 27 of the
bill, in amended Section 28.014(d), Education Code, to read as
follows:
(d) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Subsection (c) to be used for purposes of Section 51.3062.
The questions must be developed in a manner consistent with any
college readiness standards adopted under Sections 39.233 [39.113]
and 51.3062. [A student's performance on a question adopted under
this subsection may not be used to determine the student's
performance on an end-of-course assessment instrument.]
Explanation: The omission of text is necessary to permit a
student's performance on a specific question related to
postsecondary readiness on an end-of-course assessment instrument
to be used to determine the student's performance on the assessment
instrument.
(4) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text not in disagreement, in added Section
28.025(b-5), Education Code, to read as follows:
(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
79th Legislature, 3rd Called Session, 2006, the curriculum
requirements for the recommended and advanced high school programs
under Subsection (b-1) apply to students entering the ninth grade
beginning with the 2011-2012 school year. This subsection expires
September 1, 2015.
Explanation: The omission of text is necessary to have the
high school curriculum requirements for the recommended and
advanced high school programs established under Chapter 5 (H.B. 1),
79th Legislature, 3rd Called Session, 2006, apply to students
entering the ninth grade beginning with the 2007-2008 school year,
as originally intended.
(5) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either version
of the bill, under SECTION 30 of the bill, in amended Section
28.025, Education Code, to read as follows:
(b-7) The agency shall establish a pilot program allowing a
student attending school in a county with a population of more than
one million and in which more than 80 percent of the population
resides in a single municipality to satisfy the fine arts credit
required under Subsection (b-1)(3)(A) by participating in a fine
arts program not provided by the school district in which the
student is enrolled. The fine arts program may be provided on or
off a school campus and outside the regular school day. Not later
than December 1, 2010, the agency shall provide to the legislature a
report regarding the pilot program, including the feasibility of
expanding the pilot program statewide.
(b-8) A school district, with the approval of the
commissioner, may allow a student to comply with the curriculum
requirements for the physical education credit required under
Subsection (b-1)(3)(B) by participating in a private or
commercially sponsored physical activity program provided on or off
a school campus and outside the regular school day.
Explanation: The additions are necessary to establish a fine
arts pilot program and to establish an alternative method for
meeting the physical education credit requirement.
(6) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add the following SECTION to the bill on a matter
not included in either version of the bill to read as follows:
SECTION 52. Section 39.0234(a), Education Code, is amended
to read as follows:
(a) The agency shall ensure that assessment instruments
required under Section 39.023 are capable of being administered by
computer. The commissioner may not require a school district or
open-enrollment charter school to administer an assessment
instrument by computer.
Explanation: This addition is necessary to prohibit
mandatory administration of assessment instruments by computer.
(7) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either version
of the bill, under SECTION 59 of the bill, in proposed Section
39.057(a), Education Code, to read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
. . .
(12) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation; or . . .
Explanation: This addition is necessary to authorize a
special accreditation investigation when the comptroller has
identified the potential for significant improvement in resource
allocation exists at a school district or campus.
(8) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either version
of the bill, under SECTION 59 of the bill, in added Section 39.0821,
Education Code, to read as follows:
(b) In reviewing resources allocation practices of
districts and campuses under this section, the comptroller shall
ensure resources are being used for the instruction of students by
evaluating:
(1) the operating cost for each student;
(2) the operating cost for each program; and
(3) the staffing cost for each student.
Explanation: The addition is necessary to ensure school
district and campus resources are being used for the instruction of
students.
Eissler
______________________________
Speaker of the House
I certify that H.R. No. 3047 was adopted by the House on May
31, 2009, by the following vote: Yeas 141, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House