By: Shapiro S.R. No. 1104
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 3, relating to public school accountability,
curriculum, and promotion requirements, to consider and take
action on the following matter:
(1) Senate Rules 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement, in SECTION 27 of the
bill, in amended Subsection (d), Section 28.014, 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) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement, in added Subsection
(b-5), Section 28.025, 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) Senate Rule 12.03(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) Senate Rule 12.03(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) Senate Rule 12.03(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 Subsection
(a), Section 39.057, 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) Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate