By: West S.B. No. 1563 A BILL TO BE ENTITLED AN ACT relating to the methodology for the certification of funds to support satisfactory performance on certain state assessments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.0211(m), Education Code, is amended to read as follows: (m-1) Each biennium, not later than the 30th day after the effective date of the General Appropriations Act, the commissioner shall provide to the Legislative Budget Board, the office of budget and planning in the governor's office, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a certification methodology for making a determination under Subsection (m) for the purpose of receiving comments on the proposed methodology. To allow time for such comment, the commissioner may not make a certification under Subsection (m) before the tenth day after the date that the certification methodology is provided under this subsection. The certification methodology provided under this subsection must include a determination that: (1) funding has been appropriated to enable the agency to provide research-based statewide professional development for reading and mathematics for grade levels from kindergarten through eighth grade in an effective and cost-efficient manner; (2) both the total number and percentage of students who failed to perform satisfactorily on a reading or mathematics assessment administered in fifth or eighth grade have decreased over the previous two school years; (3) the appropriation of funds, excluding Foundation School Program funds, is adequate to provide support to students in third through eighth grade who are students at-risk of dropping out of school as defined in Section 29.081(d); (4) school district expenditures from the compensatory education allotment are expended on proven research-based strategies to increase student achievement; (5) all students eligible for prekindergarten under Section 29.153(b) have access to a high-quality prekindergarten program; and (6) sufficient funds have been appropriated to provide instructional materials that are aligned to the state assessment program under Section 39.023(a) for grade levels from third to eighth grade. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.