Texas 2009 - 81st Regular

Texas House Bill HR3047 Compare Versions

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1	1	H.R. No. 3047
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 3, relating to public school
10	10	accountability, curriculum, and promotion requirements, to
11	11	consider and take action on the following matters:
12	12	(1) House Rule 13, Sections 9(a)(1), (2), and (4), are
13	13	suspended to permit the committee to change and omit text not in
14	14	disagreement and to add text on a matter not included in either
15	15	version of the bill, in SECTION 1 of the bill, in Section 7.009,
16	16	Education Code, to read as follows:
17	17	SECTION 1. Section 7.009, Education Code, is amended to
18	18	read as follows:
19	19	Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In
20	20	coordination with the Legislative Budget Board, the agency shall
21	21	establish an online clearinghouse of information relating to best
22	22	practices of campuses, [and] school districts, and open-enrollment
23	23	charter schools. The agency shall determine the appropriate topic
24	24	categories for which a campus, district, or charter school may
25	25	submit best [regarding instruction, dropout prevention, public
26	26	school finance, resource allocation, and business] practices. To
27	27	the extent practicable, the agency shall ensure that information
28	28	provided through the online clearinghouse is specific, actionable
29	29	information relating to the best practices of high-performing and
30	30	highly efficient campuses, [and school] districts, and
31	31	open-enrollment charter schools and of academically acceptable
32	32	campuses, districts, and open-enrollment charter schools that have
33	33	demonstrated significant improvement in student achievement rather
34	34	than general guidelines relating to campus, [and school] district,
35	35	and open-enrollment charter school operation. The information must
36	36	be accessible by campuses, school districts, open-enrollment
37	37	charter schools, and interested members of the public.
38	38	(b) The agency shall solicit and collect from the
39	39	Legislative Budget Board, centers for education research
40	40	established under Section 1.005, and [exemplary or recognized]
41	41	school districts, campuses, and open-enrollment charter schools[,
42	42	as rated under Section 39.072,] examples of best practices as
43	43	determined by the agency under Subsection (a) [relating to
44	44	instruction, dropout prevention, public school finance, resource
45	45	allocation, and business practices, including best practices
46	46	relating to curriculum, scope and sequence, compensation and
47	47	incentive systems, bilingual education and special language
48	48	programs, compensatory education programs, and the effective use of
49	49	instructional technology, including online courses].
50	50	(c) The agency shall contract for the services of one or
51	51	more third-party contractors to develop, implement, and maintain a
52	52	system of collecting and evaluating the best practices of campuses,
53	53	[and] school districts, and open-enrollment charter schools as
54	54	provided by this section. In addition to any other considerations
55	55	required by law, the agency must consider an applicant's
56	56	demonstrated competence and qualifications in analyzing campus,
57	57	[and] school district, and open-enrollment charter school
58	58	practices in awarding a contract under this subsection.
59	59	(d) The commissioner may purchase from available funds
60	60	curriculum and other instructional tools identified under this
61	61	section to provide for use by school districts and open-enrollment
62	62	charter schools.
63	63	Explanation: The alteration of text is necessary to permit
64	64	school districts and open-enrollment charter schools to submit best
65	65	practices in any relevant area, to clarify that a third-party
66	66	contractor may collect and evaluate best practices submitted by
67	67	open-enrollment charter schools, and to clarify that the
68	68	commissioner of education may purchase curriculum and other
69	69	instructional tools to provide for use by open-enrollment charter
70	70	schools.
71	71	(2) House Rule 13, Section 9(a)(2), is suspended to permit
72	72	the committee to omit text not in disagreement, in SECTION 25 of the
73	73	bill, in amended Section 28.002, Education Code, to read as
74	74	follows:
75	75	(c-2) The State Board of Education shall adopt rules to
76	76	authorize each school district to implement a program under which
77	77	students in middle or junior high school may earn credits toward
78	78	high school graduation in middle or junior high school for any
79	79	course determined by board rule to qualify as a high school
80	80	equivalent course.
81	81	Explanation: The omission of text is necessary to remove the
82	82	requirement directing the State Board of Education to adopt rules
83	83	to authorize school district programs to allow middle or junior
84	84	high school students to earn high school credit.
85	85	(3) House Rule 13, Section 9(a)(2), is suspended to permit
86	86	the committee to omit text not in disagreement, in SECTION 27 of the
87	87	bill, in amended Section 28.014(d), Education Code, to read as
88	88	follows:
89	89	(d) The agency, in coordination with the Texas Higher
90	90	Education Coordinating Board, shall adopt a series of questions to
91	91	be included in an end-of-course assessment instrument administered
92	92	under Subsection (c) to be used for purposes of Section 51.3062.
93	93	The questions must be developed in a manner consistent with any
94	94	college readiness standards adopted under Sections 39.233 [39.113]
95	95	and 51.3062. [A student's performance on a question adopted under
96	96	this subsection may not be used to determine the student's
97	97	performance on an end-of-course assessment instrument.]
98	98	Explanation: The omission of text is necessary to permit a
99	99	student's performance on a specific question related to
100	100	postsecondary readiness on an end-of-course assessment instrument
101	101	to be used to determine the student's performance on the assessment
102	102	instrument.
103	103	(4) House Rule 13, Section 9(a)(2), is suspended to permit
104	104	the committee to omit text not in disagreement, in added Section
105	105	28.025(b-5), Education Code, to read as follows:
106	106	(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
107	107	79th Legislature, 3rd Called Session, 2006, the curriculum
108	108	requirements for the recommended and advanced high school programs
109	109	under Subsection (b-1) apply to students entering the ninth grade
110	110	beginning with the 2011-2012 school year. This subsection expires
111	111	September 1, 2015.
112	112	Explanation: The omission of text is necessary to have the
113	113	high school curriculum requirements for the recommended and
114	114	advanced high school programs established under Chapter 5 (H.B. 1),
115	115	79th Legislature, 3rd Called Session, 2006, apply to students
116	116	entering the ninth grade beginning with the 2007-2008 school year,
117	117	as originally intended.
118	118	(5) House Rule 13, Section 9(a)(4), is suspended to permit
119	119	the committee to add text on a matter not included in either version
120	120	of the bill, under SECTION 30 of the bill, in amended Section
121	121	28.025, Education Code, to read as follows:
122	122	(b-7) The agency shall establish a pilot program allowing a
123	123	student attending school in a county with a population of more than
124	124	one million and in which more than 80 percent of the population
125	125	resides in a single municipality to satisfy the fine arts credit
126	126	required under Subsection (b-1)(3)(A) by participating in a fine
127	127	arts program not provided by the school district in which the
128	128	student is enrolled. The fine arts program may be provided on or
129	129	off a school campus and outside the regular school day. Not later
130	130	than December 1, 2010, the agency shall provide to the legislature a
131	131	report regarding the pilot program, including the feasibility of
132	132	expanding the pilot program statewide.
133	133	(b-8) A school district, with the approval of the
134	134	commissioner, may allow a student to comply with the curriculum
135	135	requirements for the physical education credit required under
136	136	Subsection (b-1)(3)(B) by participating in a private or
137	137	commercially sponsored physical activity program provided on or off
138	138	a school campus and outside the regular school day.
139	139	Explanation: The additions are necessary to establish a fine
140	140	arts pilot program and to establish an alternative method for
141	141	meeting the physical education credit requirement.
142	142	(6) House Rule 13, Section 9(a)(4), is suspended to permit
143	143	the committee to add the following SECTION to the bill on a matter
144	144	not included in either version of the bill to read as follows:
145	145	SECTION 52. Section 39.0234(a), Education Code, is amended
146	146	to read as follows:
147	147	(a) The agency shall ensure that assessment instruments
148	148	required under Section 39.023 are capable of being administered by
149	149	computer. The commissioner may not require a school district or
150	150	open-enrollment charter school to administer an assessment
151	151	instrument by computer.
152	152	Explanation: This addition is necessary to prohibit
153	153	mandatory administration of assessment instruments by computer.
154	154	(7) House Rule 13, Section 9(a)(4), is suspended to permit
155	155	the committee to add text on a matter not included in either version
156	156	of the bill, under SECTION 59 of the bill, in proposed Section
157	157	39.057(a), Education Code, to read as follows:
158	158	(a) The commissioner shall authorize special accreditation
159	159	investigations to be conducted:
160	160	. . .
161	161	(12) when resource allocation practices as evaluated
162	162	under Section 39.0821 indicate a potential for significant
163	163	improvement in resource allocation; or . . .
164	164	Explanation: This addition is necessary to authorize a
165	165	special accreditation investigation when the comptroller has
166	166	identified the potential for significant improvement in resource
167	167	allocation exists at a school district or campus.
168	168	(8) House Rule 13, Section 9(a)(4), is suspended to permit
169	169	the committee to add text on a matter not included in either version
170	170	of the bill, under SECTION 59 of the bill, in added Section 39.0821,
171	171	Education Code, to read as follows:
172	172	(b) In reviewing resources allocation practices of
173	173	districts and campuses under this section, the comptroller shall
174	174	ensure resources are being used for the instruction of students by
175	175	evaluating:
176	176	(1) the operating cost for each student;
177	177	(2) the operating cost for each program; and
178	178	(3) the staffing cost for each student.
179	179	Explanation: The addition is necessary to ensure school
180	180	district and campus resources are being used for the instruction of
181	181	students.
182	182	Eissler
183	183	______________________________
184	184	Speaker of the House
185	185	I certify that H.R. No. 3047 was adopted by the House on May
186	186	31, 2009, by the following vote: Yeas 141, Nays 0, 1 present, not
187	187	voting.
188	188	______________________________
189	189	Chief Clerk of the House