Texas 2009 - 81st Regular

Texas Senate Bill SR1104 Compare Versions

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1	1	By: Shapiro S.R. No. 1104
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 3, relating to public school accountability,
10	10	curriculum, and promotion requirements, to consider and take
11	11	action on the following matter:
12	12	(1) Senate Rules 12.03(1), (2), and (4) are suspended to
13	13	permit the committee to change and omit text not in disagreement
14	14	and to add text on a matter not included in either version of the
15	15	bill, in SECTION 1 of the bill, in Section 7.009, Education Code,
16	16	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
22	22	best practices of campuses, [and] school districts, and
23	23	open-enrollment charter schools. The agency shall determine the
24	24	appropriate topic categories for which a campus, district, or
25	25	charter school may submit best [regarding instruction, dropout
26	26	prevention, public school finance, resource allocation, and
27	27	business] practices. To the extent practicable, the agency shall
28	28	ensure that information provided through the online
29	29	clearinghouse is specific, actionable information relating to
30	30	the best practices of high-performing and highly efficient
31	31	campuses, [and school] districts, and open-enrollment charter
32	32	schools and of academically acceptable campuses, districts, and
33	33	open-enrollment charter schools that have demonstrated
34	34	significant improvement in student achievement rather than
35	35	general guidelines relating to campus, [and school] district,
36	36	and open-enrollment charter school operation. The information
37	37	must be accessible by campuses, school districts,
38	38	open-enrollment charter schools, and interested members of the
39	39	public.
40	40	(b) The agency shall solicit and collect from the
41	41	Legislative Budget Board, centers for education research
42	42	established under Section 1.005, and [exemplary or recognized]
43	43	school districts, campuses, and open-enrollment charter
44	44	schools[, as rated under Section 39.072,] examples of best
45	45	practices as determined by the agency under Subsection (a)
46	46	[relating to instruction, dropout prevention, public school
47	47	finance, resource allocation, and business practices, including
48	48	best practices relating to curriculum, scope and sequence,
49	49	compensation and incentive systems, bilingual education and
50	50	special language programs, compensatory education programs, and
51	51	the effective use of instructional technology, including online
52	52	courses].
53	53	(c) The agency shall contract for the services of one or
54	54	more third-party contractors to develop, implement, and maintain
55	55	a system of collecting and evaluating the best practices of
56	56	campuses, [and] school districts, and open-enrollment charter
57	57	schools as provided by this section. In addition to any other
58	58	considerations required by law, the agency must consider an
59	59	applicant's demonstrated competence and qualifications in
60	60	analyzing campus, [and] school district, and open-enrollment
61	61	charter school practices in awarding a contract under this
62	62	subsection.
63	63	(d) The commissioner may purchase from available funds
64	64	curriculum and other instructional tools identified under this
65	65	section to provide for use by school districts and
66	66	open-enrollment charter schools.
67	67	Explanation: The alteration of text is necessary to
68	68	permit school districts and open-enrollment charter schools to
69	69	submit best practices in any relevant area, to clarify that a
70	70	third-party contractor may collect and evaluate best practices
71	71	submitted by open-enrollment charter schools, and to clarify
72	72	that the commissioner of education may purchase curriculum and
73	73	other instructional tools to provide for use by open-enrollment
74	74	charter schools.
75	75	(2) Senate Rule 12.03(2) is suspended to permit the
76	76	committee to omit text not in disagreement, in SECTION 25 of the
77	77	bill, in amended Section 28.002, Education Code, to read as
78	78	follows:
79	79	(c-2) The State Board of Education shall adopt rules to
80	80	authorize each school district to implement a program under which
81	81	students in middle or junior high school may earn credits toward
82	82	high school graduation in middle or junior high school for any
83	83	course determined by board rule to qualify as a high school
84	84	equivalent course.
85	85	Explanation: The omission of text is necessary to remove
86	86	the requirement directing the State Board of Education to adopt
87	87	rules to authorize school district programs to allow middle or
88	88	junior high school students to earn high school credit.
89	89	(3) Senate Rule 12.03(2) is suspended to permit the
90	90	committee to omit text not in disagreement, in SECTION 27 of the
91	91	bill, in amended Subsection (d), Section 28.014, Education Code,
92	92	to read as follows:
93	93	(d) The agency, in coordination with the Texas Higher
94	94	Education Coordinating Board, shall adopt a series of questions
95	95	to be included in an end-of-course assessment instrument
96	96	administered under Subsection (c) to be used for purposes of
97	97	Section 51.3062. The questions must be developed in a manner
98	98	consistent with any college readiness standards adopted under
99	99	Sections 39.233 [39.113] and 51.3062. [A student's performance
100	100	on a question adopted under this subsection may not be used to
101	101	determine the student's performance on an end-of-course
102	102	assessment instrument.]
103	103	Explanation: The omission of text is necessary to permit a
104	104	student's performance on a specific question related to
105	105	postsecondary readiness on an end-of-course assessment
106	106	instrument to be used to determine the student's performance on
107	107	the assessment instrument.
108	108	(4) Senate Rule 12.03(2) is suspended to permit the
109	109	committee to omit text not in disagreement, in added Subsection
110	110	(b-5), Section 28.025, Education Code, to read as follows:
111	111	(b-5) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
112	112	79th Legislature, 3rd Called Session, 2006, the curriculum
113	113	requirements for the recommended and advanced high school
114	114	programs under Subsection (b-1) apply to students entering the
115	115	ninth grade beginning with the 2011-2012 school year. This
116	116	subsection expires September 1, 2015.
117	117	Explanation: The omission of text is necessary to have the
118	118	high school curriculum requirements for the recommended and
119	119	advanced high school programs established under Chapter 5 (H.B.
120	120	1), 79th Legislature, 3rd Called Session, 2006, apply to students
121	121	entering the ninth grade beginning with the 2007-2008 school
122	122	year, as originally intended.
123	123	(5) Senate Rule 12.03(4) is suspended to permit the
124	124	committee to add text on a matter not included in either version
125	125	of the bill, under SECTION 30 of the bill, in amended Section
126	126	28.025, Education Code, to read as follows:
127	127	(b-7) The agency shall establish a pilot program allowing
128	128	a student attending school in a county with a population of more
129	129	than one million and in which more than 80 percent of the
130	130	population resides in a single municipality to satisfy the fine
131	131	arts credit required under Subsection (b-1)(3)(A) by
132	132	participating in a fine arts program not provided by the school
133	133	district in which the student is enrolled. The fine arts program
134	134	may be provided on or off a school campus and outside the regular
135	135	school day. Not later than December 1, 2010, the agency shall
136	136	provide to the legislature a report regarding the pilot program,
137	137	including the feasibility of expanding the pilot program
138	138	statewide.
139	139	(b-8) A school district, with the approval of the
140	140	commissioner, may allow a student to comply with the curriculum
141	141	requirements for the physical education credit required under
142	142	Subsection (b-1)(3)(B) by participating in a private or
143	143	commercially sponsored physical activity program provided on or
144	144	off a school campus and outside the regular school day.
145	145	Explanation: The additions are necessary to establish a
146	146	fine arts pilot program and to establish an alternative method
147	147	for meeting the physical education credit requirement.
148	148	(6) Senate Rule 12.03(4) is suspended to permit the
149	149	committee to add the following SECTION to the bill on a matter not
150	150	included in either version of the bill to read as follows:
151	151	SECTION 52. Section 39.0234(a), Education Code, is
152	152	amended to read as follows:
153	153	(a) The agency shall ensure that assessment instruments
154	154	required under Section 39.023 are capable of being administered
155	155	by computer. The commissioner may not require a school district
156	156	or open-enrollment charter school to administer an assessment
157	157	instrument by computer.
158	158	Explanation: This addition is necessary to prohibit
159	159	mandatory administration of assessment instruments by computer.
160	160	(7) Senate Rule 12.03(4) is suspended to permit the
161	161	committee to add text on a matter not included in either version
162	162	of the bill, under SECTION 59 of the bill, in proposed Subsection
163	163	(a), Section 39.057, Education Code, to read as follows:
164	164	(a) The commissioner shall authorize special
165	165	accreditation investigations to be conducted:
166	166	. . .
167	167	(12) when resource allocation practices as
168	168	evaluated under Section 39.0821 indicate a potential for
169	169	significant improvement in resource allocation; or . . .
170	170	Explanation: This addition is necessary to authorize a
171	171	special accreditation investigation when the comptroller has
172	172	identified the potential for significant improvement in resource
173	173	allocation exists at a school district or campus.
174	174	(8) Senate Rule 12.03(a)(4) is suspended to permit the
175	175	committee to add text on a matter not included in either version
176	176	of the bill, under SECTION 59 of the bill, in added Section
177	177	39.0821, Education Code, to read as follows:
178	178	(b) In reviewing resources allocation practices of
179	179	districts and campuses under this section, the comptroller shall
180	180	ensure resources are being used for the instruction of students
181	181	by evaluating:
182	182	(1) the operating cost for each student;
183	183	(2) the operating cost for each program; and
184	184	(3) the staffing cost for each student.
185	185	Explanation: The addition is necessary to ensure school
186	186	district and campus resources are being used for the instruction
187	187	of students.
188	188	_______________________________
189	189	President of the Senate
190	190	I hereby certify that the
191	191	above Resolution was adopted by
192	192	the Senate on May 31, 2009.
193	193	_______________________________
194	194	Secretary of the Senate