S.B. No. 1871
 
 
 
 
AN ACT
  relating to the compilation and reporting by the Texas Education
  Agency of certain data regarding students enrolled in public school
  or in preschool programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.006, Education Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  The superintendent of each school district shall:
               (1)  report to the commissioner and the board of
  trustees of the district the results of the reading instruments;
  [and]
               (2)  report, in writing, to a student's parent or
  guardian the student's results on the reading instrument; and
               (3)  using the school readiness certification system
  provided to the school district in accordance with Section
  29.161(e), report electronically each student's raw score on the
  reading instrument to the agency for use in the school readiness
  certification system.
         (d-1)  The agency shall contract with the State Center for
  Early Childhood Development to receive and use scores under
  Subsection (d)(3) on behalf of the agency.
         SECTION 2.  Subchapter B, Chapter 29, Education Code, is
  amended by adding Section 29.066 to read as follows:
         Sec. 29.066.  PEIMS REPORTING REQUIREMENTS. (a)  A school
  district that is required to offer bilingual education or special
  language programs shall include the following information in the
  district's Public Education Information Management System (PEIMS)
  report:
               (1)  demographic information, as determined by the
  commissioner, on students enrolled in district bilingual education
  or special language programs;
               (2)  the number and percentage of students enrolled in
  each instructional model of a bilingual education or special
  language program offered by the district; and
               (3)  the number and percentage of students identified
  as students of limited English proficiency who do not receive
  specialized instruction.
         (b)  For purposes of this section, the commissioner shall
  adopt rules to classify programs under this section as follows:
               (1)  if the program is a bilingual education program,
  the program must be classified under the Public Education
  Information Management System (PEIMS) report as:
                     (A)  transitional bilingual/early exit: a
  bilingual program that serves students identified as students of
  limited English proficiency in both English and Spanish and
  transfers a student to English-only instruction not earlier than
  two or later than five years after the student enrolls in school;
                     (B)  transitional bilingual/late exit: a
  bilingual program that serves students identified as students of
  limited English proficiency in both English and Spanish and
  transfers a student to English-only instruction not earlier than
  six or later than seven years after the student enrolls in school;
                     (C)  dual language immersion/two-way: a
  biliteracy program that integrates students proficient in English
  and students identified as students of limited English proficiency
  in both English and Spanish and transfers a student identified as a
  student of limited English proficiency to English-only instruction
  not earlier than six or later than seven years after the student
  enrolls in school; or
                     (D)  dual language immersion/one-way: a
  biliteracy program that serves only students identified as students
  of limited English proficiency in both English and Spanish and
  transfers a student to English-only instruction not earlier than
  six or later than seven years after the student enrolls in school;
  and
               (2)  if the program is a special language program, the
  program must be classified under the Public Education Information
  Management System (PEIMS) report as:
                     (A)  English as a second language/content-based:
  an English program that serves students identified as students of
  limited English proficiency in English only by providing a
  full-time teacher certified under Section 29.061(c) to provide
  supplementary instruction for all content area instruction; or
                     (B)  English as a second language/pull-out: an
  English program that serves students identified as students of
  limited English proficiency in English only by providing a
  part-time teacher certified under Section 29.061(c) to provide
  English language arts instruction exclusively, while the student
  remains in a mainstream instructional arrangement in the remaining
  content areas.
         (c)  If the school district has received a waiver and is not
  required to offer a bilingual education or special language program
  in a student's native language or if the student's parents have
  refused to approve the student's entry into a program as provided by
  Section 29.056, the program must be classified under the Public
  Education Information Management System (PEIMS) report as:  no
  bilingual education or special language services provided.
         SECTION 3.  Section 29.161, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (e), and (f) to
  read as follows:
         (c)  The system must:
               (1)  be reflective of research in the field of early
  childhood care and education;
               (2)  be well-grounded in the cognitive, social, and
  emotional development of young children; [and]
               (3)  apply a common set of criteria to each program
  provider seeking certification, regardless of the type of program
  or source of program funding; and
               (4)  be capable of fulfilling the reporting and notice
  requirements of Sections 28.006(d) and (g).
         (d)  The agency shall collect each student's raw score
  results on the reading instrument administered under Section 28.006
  from each school district using the system created under Subsection
  (a) and shall contract with the State Center for Early Childhood
  Development for purposes of this section.
         (e)  The State Center for Early Childhood Development shall,
  using funds appropriated for the school readiness certification
  system, provide the system created under Subsection (a) to each
  school district to report each student's raw score results on the
  reading instrument administered under Section 28.006.
         (f)  The agency shall:
               (1)  provide assistance to the State Center for Early
  Childhood Development in developing and adopting the school
  readiness certification system under this section, including
  providing access to data for the purpose of locating the teacher and
  campus of record for students; and
               (2)  require confidentiality and other security
  measures for student data provided to the State Center for Early
  Childhood Development as the agency's agent, consistent with the
  Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         SECTION 4.  Subsection (e), Section 39.027, Education Code,
  is amended to read as follows:
         (e)  The commissioner shall develop an assessment system
  that shall be used for evaluating the academic progress, including
  reading proficiency in English, of all students of limited English
  proficiency, as defined by Section 29.052. A student who is exempt
  from the administration of an assessment instrument under
  Subsection (a)(3) or (4) who achieves reading proficiency in
  English as determined by the assessment system developed under this
  subsection shall be administered the assessment instruments
  described by Sections 39.023(a) and (c). The performance under the
  assessment system developed under this subsection of students to
  whom Subsection (a)(3) or (4) applies shall be included in the
  academic excellence indicator system under Section 39.051, the
  performance report under Section 39.053, and the comprehensive
  annual report under Section 39.182. This information shall be
  provided in a manner that is disaggregated by the bilingual
  education or special language program, if any, in which the student
  is enrolled.
         SECTION 5.  Section 39.051, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Performance on the indicators described by
  Subsections (b)(1), (2), (3), (8), (9), and (14) must be based on
  longitudinal student data that is disaggregated by the bilingual
  education or special language program, if any, in which students of
  limited English proficiency, as defined by Section 29.052, are or
  former students of limited English proficiency were enrolled.  If a
  student described by this subsection is not or was not enrolled in
  specialized language instruction, the number and percentage of
  those students shall be provided.
         SECTION 6.  Section 39.182, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  Not later than December 1 of each year, the agency shall
  prepare and deliver to the governor, the lieutenant governor, the
  speaker of the house of representatives, each member of the
  legislature, the Legislative Budget Board, and the clerks of the
  standing committees of the senate and house of representatives with
  primary jurisdiction over the public school system a comprehensive
  report covering the preceding school year and containing:
               (1)  an evaluation of the achievements of the state
  educational program in relation to the statutory goals for the
  public education system under Section 4.002;
               (2)  an evaluation of the status of education in the
  state as reflected by the academic excellence indicators adopted
  under Section 39.051;
               (3)  a summary compilation of overall student
  performance on academic skills assessment instruments required by
  Section 39.023 with the number and percentage of students exempted
  from the administration of those instruments and the basis of the
  exemptions, aggregated by grade level, subject area, campus, and
  district, with appropriate interpretations and analysis, and
  disaggregated by race, ethnicity, gender, and socioeconomic
  status;
               (4)  a summary compilation of overall performance of
  students placed in a disciplinary alternative education program
  established under Section 37.008 on academic skills assessment
  instruments required by Section 39.023 with the number of those
  students exempted from the administration of those instruments and
  the basis of the exemptions, aggregated by district, grade level,
  and subject area, with appropriate interpretations and analysis,
  and disaggregated by race, ethnicity, gender, and socioeconomic
  status;
               (5)  a summary compilation of overall performance of
  students at risk of dropping out of school, as defined by Section
  29.081(d), on academic skills assessment instruments required by
  Section 39.023 with the number of those students exempted from the
  administration of those instruments and the basis of the
  exemptions, aggregated by district, grade level, and subject area,
  with appropriate interpretations and analysis, and disaggregated
  by race, ethnicity, gender, and socioeconomic status;
               (6)  an evaluation of the correlation between student
  grades and student performance on academic skills assessment
  instruments required by Section 39.023;
               (7)  a statement of the dropout rate of students in
  grade levels 7 through 12, expressed in the aggregate and by grade
  level, and a statement of the completion rates of students for grade
  levels 9 through 12;
               (8)  a statement of:
                     (A)  the completion rate of students who enter
  grade level 9 and graduate not more than four years later;
                     (B)  the completion rate of students who enter
  grade level 9 and graduate, including students who require more
  than four years to graduate;
                     (C)  the completion rate of students who enter
  grade level 9 and not more than four years later receive a high
  school equivalency certificate;
                     (D)  the completion rate of students who enter
  grade level 9 and receive a high school equivalency certificate,
  including students who require more than four years to receive a
  certificate; and
                     (E)  the number and percentage of all students who
  have not been accounted for under Paragraph (A), (B), (C), or (D);
               (9)  a statement of the projected cross-sectional and
  longitudinal dropout rates for grade levels 9 through 12 for the
  next five years, assuming no state action is taken to reduce the
  dropout rate;
               (10)  a description of a systematic, measurable plan
  for reducing the projected cross-sectional and longitudinal
  dropout rates to five percent or less for the 1997-1998 school year;
               (11)  a summary of the information required by Section
  29.083 regarding grade level retention of students and information
  concerning:
                     (A)  the number and percentage of students
  retained; and
                     (B)  the performance of retained students on
  assessment instruments required under Section 39.023(a);
               (12)  information, aggregated by district type and
  disaggregated by race, ethnicity, gender, and socioeconomic
  status, on:
                     (A)  the number of students placed in a
  disciplinary alternative education program established under
  Section 37.008;
                     (B)  the average length of a student's placement
  in a disciplinary alternative education program established under
  Section 37.008;
                     (C)  the academic performance of students on
  assessment instruments required under Section 39.023(a) during the
  year preceding and during the year following placement in a
  disciplinary alternative education program; and
                     (D)  the dropout rates of students who have been
  placed in a disciplinary alternative education program established
  under Section 37.008;
               (13)  a list of each school district or campus that does
  not satisfy performance standards, with an explanation of the
  actions taken by the commissioner to improve student performance in
  the district or campus and an evaluation of the results of those
  actions;
               (14)  an evaluation of the status of the curriculum
  taught in public schools, with recommendations for legislative
  changes necessary to improve or modify the curriculum required by
  Section 28.002;
               (15)  a description of all funds received by and each
  activity and expenditure of the agency;
               (16)  a summary and analysis of the instructional
  expenditures ratios and instructional employees ratios of school
  districts computed under Section 44.0071;
               (17)  a summary of the effect of deregulation,
  including exemptions and waivers granted under Section 7.056 or
  39.112;
               (18)  a statement of the total number and length of
  reports that school districts and school district employees must
  submit to the agency, identifying which reports are required by
  federal statute or rule, state statute, or agency rule, and a
  summary of the agency's efforts to reduce overall reporting
  requirements;
               (19)  a list of each school district that is not in
  compliance with state special education requirements, including:
                     (A)  the period for which the district has not
  been in compliance;
                     (B)  the manner in which the agency considered the
  district's failure to comply in determining the district's
  accreditation status; and
                     (C)  an explanation of the actions taken by the
  commissioner to ensure compliance and an evaluation of the results
  of those actions;
               (20)  a comparison of the performance of
  open-enrollment charter schools and school districts on the
  academic excellence indicators specified in Section 39.051(b) and
  accountability measures adopted under Section 39.051(g), with a
  separately aggregated comparison of the performance of
  open-enrollment charter schools predominantly serving students at
  risk of dropping out of school, as defined by Section 29.081(d),
  with the performance of school districts;
               (21)  a summary of the information required by Section
  38.0141 regarding student health and physical activity from each
  school district; [and]
               (22)  a summary compilation of overall student
  performance under the assessment system developed to evaluate the
  longitudinal academic progress as required by Section 39.027(e),
  disaggregated by bilingual education or special language program
  instructional model, if any; and
               (23)  any additional information considered important
  by the commissioner or the State Board of Education.
         (b)  In reporting the information required by Subsection
  (a)(3) or (4), the agency may separately aggregate the performance
  data of students enrolled in a special education program under
  Subchapter A, Chapter 29[, or a bilingual education or special
  language program under Subchapter B, Chapter 29].
         (b-1)  In reporting the information required by Subsections
  (a)(3), (5), and (7), the agency shall separately aggregate the
  longitudinal performance data of all students identified as
  students of limited English proficiency, as defined by Section
  29.052, or former students of limited English proficiency,
  disaggregated by bilingual education or special language program
  instructional model, if any, in which the students are or were
  enrolled.
         SECTION 7.  Subsection (c), Section 42.006, Education Code,
  is amended to read as follows:
         (c)  Annually, the commissioner shall review the Public
  Education Information Management System and shall repeal or amend
  rules that require school districts to provide information through
  the Public Education Information Management System that is not
  necessary. In reviewing and revising the Public Education
  Information Management System, the commissioner shall develop
  rules to ensure that the system:
               (1)  provides useful, accurate, and timely information
  on student demographics and academic performance, personnel, and
  school district finances;
               (2)  contains only the data necessary for the
  legislature and the agency to perform their legally authorized
  functions in overseeing the public education system; and
               (3)  does not contain any information related to
  instructional methods, except as provided by Section 29.066 or
  required by federal law.
         SECTION 8.  The changes in law made by this Act apply
  beginning with the 2008-2009 school year.
         SECTION 9.  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, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1871 passed the Senate on
  April 19, 2007, by the following vote:  Yeas 31, Nays 0;
  May 24, 2007, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1871 passed the House, with
  amendment, on May 23, 2007, by the following vote:  Yeas 144,
  Nays 0, two present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 27, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 144, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor