SAYING?
           IMPROVEMENT ON THE TEST THAT WAS JUST GIVEN TO TEXAS STUDENTS
           YOU GO BUT FOR THE TEXAS STUDENTS THAT TOOK BOTH THE TEXAS AND
           THE NATIONAL TEST WE FOUND A VERY DRAMATIC DISPARITY. IN TEXAS,
           MANY TEACHERS SAY THEY ARE SPENDING ESPECIALLY -- AND THESE ARE
           THE CONCLUSIONS OF THE RAND. "LARGE AMOUNTS OF CLASS TIME ON
           TEST PREPARATION ACTIVITIES ACTIVITIES. TEACHERS IN
           LOW-PERFORMING SCHOOLS REPORTED GREATER FREQUENCY OF TEST
           PREPARATION THAN DID TEACHERS IN HIGHER PERFORMING SCHOOLS.

           WHILE THIS PREPARATION MAY IMPROVE THE TEXAS SCORES, IT MAY NOT
           HELP STUDENTS DEVELOP NECESSARY READING AND MATH SKILLS. ALSO,
           THIS COULD LEAD TO A SUPERFICIAL APPEARANCE THAT THE GAP
           BETWEEN MINORITY AND MAJORITY STUDENTS IS NARROWING WHEN NO
           CHANGE HAS ACTUALLY OCCURRED. THE EXCLUSION OF STUDENTS WITH
           DISABILITIES INCREASED IN TEXAS WHILE DECREASING IN THE NATION.
           TEXAS ALSO SHOWED AN INCREASE OVER TIME IN THE PERCENTAGE OF
           STUDENTS DROPPING OUT OF SCHOOL AND BEING HELD BACK. THESE
           FACTORS PRODUCE A GAIN IN AVERAGE TEST SCORES THAT ARE ARE

           OVERESTIMATES ACTUAL IMPROVEMENT AND STUDENT PERFORMANCE. WE
           UNDERSTAND THAT NOW WHAT'S HAPPENING, THOSE INDIVIDUALS WITH
           DISABILITIES WHICH WE HAVE WORKED LONG AND HARD TO MAKE SURE
           THAT THEY ARE GOING TO BE A PART OF A -- THE STUDENT BODY AND
           HAVE THE OPPORTUNITIES FOR EDUCATIONAL ADVANCEMENT, IF YOU TAKE
           SOME OF THOSE OUT, AS IN THE TEXAS, EXCLUDE THOSE, PLUS YOU
           MAKE SURE THAT KIDS, CHILDREN WHO WERE CLOSE TO OR HAD DROPPED

           OUT, WERE NOT GOING TO BE ABLE TO TAKE ANY OF THOSE TESTS, THIS
           WAS GOING TO HAVE AN ARTIFICIAL INFLATER ON THAT. THAT'S THE
           RAND CORPORATION IS MAKING THAT. A SMALL BUT SIGNIFICANT
           PERCENTAGE OF STUDENTS MAY HAVE TOPPED OUT ON THE TASS. IN
           OTHER WORDS, SOME STUDENTS MAY HAVE SCORED AS HIGH AS THE TASS
           WOULD ALLOW THEM TO. THAT HAPPENED, IT WOULD ARTIFICIALLY
           NARROW THE GAP ON TASS BETWEEN WHITE AND STUDENTS OF COLOR.
           BECAUSE WHITE STUDENTS TEND TO EARN HIGHER SCORES THAN

           MINORITIES. THUS, REDUCED GAP ON THE TASS RELATIVE TO THE
           N.E.P. MAYBE THE RESULT OF TASS BEING TOO EASY FOR SOME
           STUDENTS. AS WITH OTHER HIGH STATE TESTS, THERE HAVE BEEN
           DOCUMENTED CASES OF CHEATING ON THE TEXAS TASS TEST. ACCORDING
           TO THE NAEP, THAT'S THE OTHER, THAT'S THE NATIONAL TEST, WHICH
           STUDENTS FROM AROUND THE COUNTRY CAN TAKE SO THAT STUDENTS AND
           COMMUNITIES ARE ABLE AND PARENTS, MOST IMPORTANTLY, ARE ABLE TO

           EVALUATE THE DIFFERENCE BETWEEN HOW THEIR CHILDREN ARE DOING IN
           SCHOOL AND THOSE IN OTHER PARTS OF THE STATE AND OTHER PARTS OF
           THE COUNTRY, ACCORDING TO THE NAEP, THE TEXAS FOURTH GRADERS
           WERE SLIGHTLY MORE PROFICIENT IN READING IN 1998 THAN THEY WERE
           IN 1994. HOWEVER, THE COUNTRY AS A WHOLE ALSO IMPROVED TO THE
           SAME DEGREE. THUS, THERE WAS NOTHING REMARKABLE ABOUT THE
           READING SCORE GAINS IN TEXAS. SMALL IMPROVEMENTS IN TEXAS
           EIGHTH GRADE MATH SCORES WERE ALSO CONSISTENT WITH THOSE
           OBSERVED NATIONALLY. THERE'S NOTHING REMARKABLE ABOUT THE NAEP
           SCORES IN TEXAS AND STUDENTS OF COLOR DID NOT GAIN MORE THAN

           WHISE. SCORE INCREASES IN TEXAS ARE IDENTICAL TO THOSE
           NATIONWIDE WHEN USING THE NAEP DATA. HOWEVER, THE GAINS ON TASS
           WERE SEVERAL TIMES LARGER THAN THEY WERE ON NAEP. THAT'S WHAT
           WE'RE HEARING THE GOOD GOVERNOR TALK ABOUT. THAT'S WHAT HE'S
           TALKING ABOUT ABOUT, AND THIS PUTS IT ALL IN THE LIGHT, MR.
           PRESIDENT, THAT THAT IS NOT A TRUE REFLECTION OF WHAT IS
           HAPPENING AMONG THE YOUNG PEOPLE. AND THE GAINS ON TASS WERE
           GREATER FOR STUDENTS OF COLOR THAN THEY WERE FOR WHITES. THE

           LARGE DISCREPANCY BETWEEN THE TASS AND THE NAEP RESULTS RAISED
           CONCERN ABOUT THE VALIDITY OF THE TEST SCORES AND THE VALIDITY
           OF CLAIMS REGARDING STUDENT ACHIEVEMENT. ACCORDING TO THE NAEP
           RESULTS, THE GAP BETWEEN WHITE STUDENTS AND STUDENTS OF COLOR
           IN TEXAS IS VERY LARGE AND ALSO INCREASING SLIGHTLY. IN 1998,
           THE AVERAGE FOURTH GRADE READING SCORE FOR BLACK STUDENTS WAS
           IT HE 38 PERCENT PERCENTILE COMPARED TO THE AVERAGE WHITE
           STUDENT AT THE 67% I'LL. THIS GAP WAS SLIGHTLY LARGER THAN THE
           DIFFERENCE BETWEEN THESE GROUPS IN 1994. IN OTHER WORDS, THE

           BLACK-WHITE READING GAP INCREASED DURING THIS FOUR-YEAR PERIOD.
           THE GAP BETWEEN THE BLACKS AND THE WHITES HAD ACTUALLY
           INCREASED DURING THAT PERIOD. AND IN FOURTH GRADE MATH, THE
           WHITE-HISPANIC AEP GAP GREW NATIONALLY AND THE WHITE-BLACK GA
           GAP REMAINED CONSTANT BUT SHRANK. IN SHORT, GAPS BETWEEN THE
           MINORITIES AND THE NAEP WERE IMPROVING NATIONALLY BUT GETTING
           WORSE IN TEXAS. MR. PRESIDENT, THIS IS A -- THAT'S NOT A

           SATISFACTORY PRESCRIPTION FOR IMPROVING EDUCATION, IT SUGGESTS
           THAT THE TEXAS SYSTEM IS MORE EDUCATION MIRAGE THAN EDUCATION
           MIRACLE. AND I THINK IT'S IMPORTANT FOR PARENTS AS THEY'RE
           LOOKING NOW AND TRYING TO GET BEYOND THE CLICHES, BEYOND THE
           SLOGANS, BEYOND THE SET STATEMENTS, BEYOND THE GIVE-AND-TAKE,
           EVEN IN THOSE DEBATES, IS TO LOOK AT THE RECORD. AND THE
           RECORD, MR. PRESIDENT, IS VERY CLEAR AND THAT IS THAT WE HAVE

           NOT SEEN THE KIND. ADVANCEMENT THAT HAS TAKEN PLACE IN MANY,
           MANY OF THE STATES THAT WERE DOING A NUMBER OF THE THINGS THAT
           HAVE BEEN RECOMMENDED AS WE WERE GOING TO HAVE A CHANCE TO
           BEBAIT -- DEBATE ON THE ESEA. WE FIND OUT THAT THE STATES THAT
           HAVE MADE THE GREATEST ADVANCEMENT HAVE BEEN STATES THAT HAD
           SMALLER CLASS SIZES, WHERE THEY HAD A CONTINUING ENHANCEMENT

           AND PROFICIENCY FOR TEACHER EDUCATION, MENTORING WITH TEACHERS,
           AFTER-SCHOOL PROGRAMS, ACCOUNTABILITY. THEY HAD A NUMBER OF
           THOSE EVEN BENEFITED FROM EARLY EDUCATION HELP AND ASSISTANCE
           AS WELL. AND WHAT WE WANTED TO TRY AND DO IS HAVE A DEBATE ON
           THOSE PARTICULAR MATTERS THAT HAVE MADE A DIFFERENCE IN STATES
           AROUND THE COUNTRY, WHERE WE HAD SEEN ADVANCEMENTS IN TERMS OF
           EDUCATION. BUT WE HAVE BEEN DENIED THAT, MR. PRESIDENT. AND
           WHAT BASICALLY THE AMERICAN PEOPLE, THE LEADERSHIP, REPUBLICAN

           LEADERSHIP, HAS DENIED US THE OPPORTUNITY TO HAVE THAT DEBATE,
           DENIED US THE OPPORTUNITY TO RAISE THESE ISSUES AND WHAT THEY
           HAVE -- THE AMERICAN PEOPLE ARE BEING ASKED TO DO IS, ALL
           RIGHT, WELL LET'S JUST LOOK BACK ON THE -- WHAT HAS HAPPENED IN
           TEXAS. AND WHEN WE EXAMINE TEXAS, NOT OUT OF A PARTISANSHIP BUT
           ON USING THE OBJECTIVE STANDARDS OF THE S.A.T.'S, THEY DON'T
           BENEFIT A DEMOCRAT OR A REPUBLICAN. THEY ARE FOCUSED ON A CHILD
           -- CHILDREN. AND IF WE TAKE THE RAND STUDY, WHICH HAS BEEN

           AVAILABLE AND CAN BE REVIEWED BY ANY BUT THE TIME IS SHORT.
           WE'RE FINDING OUT THAT THIS HAS BEEN A MIRAGE, MR. PRESIDENT,
           IN TERMS OF EDUCATION. MR. PRESIDENT, I WANT TO JUST SPEND A
           FEW MOMENTS IN GOING INTO ANOTHER AREA WHICH I THINK THAT THE
           AMERICAN PEOPLE OUGHT TO GIVE SOME FOCUS ON AND ATTENTION ON IN
           THESE PAST -- IN THESE FINAL FEW DAYS AND THAT IS ON THE
           CRITICAL ISSUE OF THE CREDIBILITY GAP IN HEALTH CARE. FEW, IF

           ANY, ISSUES ARE OF GREATER CONCERN TO AMERICAN FAMILIES THAN
           QUALITY AFFORDABLE HEALTH CARE. AMERICANS WANT AN END TO THE
           H.M.O. ABUSES. THEY WANT GOOD HEALTH INSURANCE COVERAGE. THEY
           WANT A PRESCRIPTION DRUG BENEFIT FOR SENIOR CITIZENS UNDER
           MEDICARE, AND THEY WANT TO PRESERVE AND STRENGTHEN MEDICARE SO
           THAT IT WILL BE THERE FOR BOTH TODAY AND TOMORROW'S SENIOR
           CITIZENS. AND THEY WANT THESE PRIORITIES NOT ONLY FOR
           THEMSELVES, THEIR LOVED ONES BUT FOR EVERY AMERICAN. BECAUSE
           THEY KNOW THAT GOOD HEALTH CARE SHOULD BE A BASIC RIGHT FOR
           ALL. AND THE CHOICE IN THIS ELECTION YEAR IS CLEAR. IT'S NOT

           JUST A CHOICE BETWEEN DIFFERENT PROGRAMS. IT'S A CHOICE BASED
           ON WHO CAN BE TRUSTED TO DO THE RIGHT THING FOR THE AMERICAN
           PEOPLE. AL GORE'S RECORD AND HIS PROGRAM ARE CLEAR. HE'S BEEN
           DEEPLY INVOLVED IN HEALTH CARE THROUGHOUT HIS CAREER. CURRENT
           ADMINISTRATION HAS MADE SIGNIFICANT PROGRESS IN IMPROVING
           HEALTH CARE IN A VARIETY OF WAYS. FROM EXPANDING HEALTH
           INSURANCE TO PROTECTING MEDICARE AND HE HAS CONSISTENTLY STOOD
           FOR PATIENTS AND AGAINST POWERFUL SPECIAL INTERESTS. AL GORE
           LAYS OUT A CONSTRUCTIVE AND SOLID PROGRAM THAT IS CONSISTENT

           WITH HIS SOLID RECORD. HE'S FOR EXPANDING INSURANCE COVERAGE TO
           ALL AMERICANS. STARTING WITH CHILDREN AND THEIR PARENTS. HE'S
           FOR A STRONG PATIENTS' BILL OF RIGHTS, AND I DARE SAY THAT WHEN
           AL GORE IS ELECTED PRESIDENT, THAT THE PATIENTS' BILL OF RIGHTS
           WOULD BE THE FIRST MAJOR PIECE OF LEGISLATION TO PASS -- THAT
           PASSES THIS CONGRESS. I'M ABSOLUTELY CONVINCED THAT WILL BE THE
           CASE, MR. PRESIDENT. HE HAS A SENSIBLE PLAN FOR ADDING
           PRESCRIPTION DRUG COVERAGE TO MEDICARE. HE'LL FIGHT TO PRESERVE
           MEDICARE. WITHOUT UNACCEPTABLE CHANGES DESIGNED TO UNDERMINE

           MEDICARE AND FORCE SENIOR CITIZENS INTO H.M.O. AND PRIVATE
           INSURANCE PLANS. GEORGE BUSH'S APPROACH IS VERY DIFFERENT. HIS
           PROPOSALS ARE DEEPLY FLAWED, BUT EVEN WORSE THAN THE SPECIFICS
           OF HIS PROPOSAL IS HIS FAILURE TO COME CLEAN WITH THE AMERICAN
           PEOPLE ABOUT THE RECORD IN TEXAS OR ABOUT HIS OWN PROPOSALS. ON
           HEALTH CARE, GEORGE BUSH DOESN'T JUST HAVE A CREDIBILITY GAP,
           HE HAS A CREDIBILITY CHASM. HE HAS CONSISTENTLY STOOD WITH THE
           POWERFUL AGAINST THE PEOPLE PEOPLE. HE REFUSES TO TAKE ON THE

           DRUG COMPANIES, THE INSURANCE COMPANIES OR THE H.M.O.'S. AND
           HIS BUDGET PLANS PUT TAX CUTS FOR THE WEALTHY AHEAD OF ANY
           OTHER PRIORITY AND LEAVES NO ROOM FOR NEEDED INVESTMENTS IN
           AMERICAN FAMILIES. ON HEALTH CARE, HIS VALUES ARE NOT THE
           VALUES OF THE AMERICAN PEOPLE. ON THE ISSUE OF THE PATIENT'
           BILL OF RIGHTS, GEORGE BUSH SAID IN THE THIRD DEBATE THAT HE
           DID SUPPORT A PATIENTS' BILL OF RIGHTS. HE SAID HE WANTED ALL
           PEOPLE COVERED. HE SAID THAT HE WAS IN FAVOR OF A PATIENT'S
           RIGHT TO SUE AS PROVIDED UNDER THE TEXAS LAW, AND HE SAID HE

           BROUGHT REPUBLICANS AND DEMOCRATS TOGETHER IN THE STATE OF
           TEXAS TO PASS A PATIENTS' BILL OF RIGHTS. THAT'S WHAT HE SAID.
           BUT THE REALITY IS VERY DIFFERENT, AS WAS POINTED OUT IN THE
           "NEW YORK TIMES" AFTER THE DEBATE ON OCTOBER 18. THE TEXAS
           RECORD "TAKING CREDIT FOR PATIENTS' RIGHTS WHERE IT'S NOT
           NECESSARILY DUE." THAT'S THE UNDERSTATEMENT OF THE YEAR. BUT
           THE REALITY, MR. PRESIDENT PRESIDENT, IS THAT GEORGE BUSH
           VETOED THE FIRST PATIENTS' BILL OF RIGHTS PASSED IN TEXAS. HE
           FOUGHT TO MAKE THE SECOND BILL AS NARROW AND LIMITED AS
           POSSIBLE. HE WAS SO OPPOSED TO THE PROVISION ALLOWING PATIENTS

           TO SUE THEIR H.M.O. THAT HE REFUSED TO SIGN THE FINAL BILL,

           ALLOWING IT TO BECOME LAW WITHOUT HIS SIGNATURE. A SENATOR: MR. PRESIDENT?
           MR. PRESIDENT, WOULD THE GENTLEMAN YIELD?
           
           

           THE PRESIDING OFFICER: WILL THE SENATOR YIELD?
           
           

           MR. KENNEDY: I'D -- BRIEFLY FOR A QUESTION. AND THEN I'D LIKE
           TO MAKE THE PRESENTATION AND THEN I'D BE GLAD TO YIELD.
           

           MRS. HUTCHISON: YES. MR. PRESIDENT, I -- I AM VERY CONCERNED
           ABOUT WHAT I SEE AS A TAX -- ATTACKS ON MY STATE OF TEXAS HERE
           ON THE SENATE FLOOR. I CERTAINLY THINK IT'S LEGITIMATE TO HAVE
           A PRESIDENTIAL CAMPAIGN OUT IN THE LIGHT OF DAY WHERE PEOPLE
           CAN SEE IT. BUT I DON'T -- I WOULD JUST ASK THE QUESTION, IF
           THE PATIENTS' BILL OF RIGHTS THAT THE SENATOR IS REFERRING TO
           IS LAW TODAY IN TEXAS?
           
           

           MR. KENNEDY: WELL, THE SENATOR'S -- YES, THE -- IT IS LAW.
           

           MRS. HUTCHISON: DOES THE SENATOR THINK IT WOULD BE LAW IN TEXAS
           TODAY IF THE GOVERNOR HAD NOT ALLOWED IT TO BECOME LAW?
           
           

           MR. KENNEDY: WELL, I THINK ANOTHER GOVERNOR WOULD HAVE GOTTEN
           THE BILL FASTER. I THINK THE -- IF THE SENATOR --
           

           MRS. HUTCHISON: BUT THE QUESTION IS: IS IT LAW TODAY?
           
           

           MR. KENNEDY: MR. CHAIRMAN, I'M GLG TO RECLAIM MY TIME.
           

           THE PRESIDING OFFICER: THE SENATOR FROM MASSACHUSETTS RECLAIMS
           THE TIME.
           

           MR. KENNEDY: I'M EXPLAINING --
           

           THE PRESIDING OFFICER: THE SENATOR FROM MASSACHUSETTS HAS THE
           FLOOR.
           

           MR. KENNEDY: IF THE SENATOR -- I WOULD BE GLAD TO YIELD TO THE
           SENATOR AFTER I THINK I SPELL OUT EXACTLY WHAT HAPPENED IN
           TEXAS.
           

           MRS. HUTCHISON: MR. PRESIDENT, COULD THEN I ASK UNANIMOUS
           CONSENT THAT I WILL HAVE SOME TIME BEFORE WE GO TO THE FOREIGN
           OPS BILL. I WOULD ASK UNANIMOUS CONSENT THAT I GET UP TO 15
           MINUTES. BEFORE FOREIGN OPS.
           

           THE PRESIDING OFFICER: IS THERE OBJECTION?
           HEARING NO OBJECTION, SO ORDERED.
           

           MR. KENNEDY: SEE, NOW, MR. PRESIDENT, I'D LAY OUT THE FACT AND
           IF I COULD HAVE MY -- THE ATTENTION OF THE SENATOR FROM TEXAS
           NOW. I'LL LAY THESE FACTS OUT, AND IF THE SENATOR FROM TEXAS
           FINDS A PROBLEM WITH THESE FACTS, THEN I'LL BE GLAD TO YIELD TO
           -- FOR THAT PURPOSE TO LISTEN TO WHAT THE FACT ARE. BUT THIS IS
           WHAT THE FACTS ARE. GEORGE BUSH SAID IN THE THIRD DEBATE THAT
           HE DID SUPPORT A NATIONAL PATIENTS' BILL OF RIGHTS. HE SAID HE
           WANTED ALL PEOPLE COVERED. HE SAID THAT HE WAS IN FAVOR OF A

           PATIENTS' RIGHT TO SUE AS PROVIDED UNDER TEXAS LAW. HE SAID HE
           BROUGHT REPUBLICANS AND DEMOCRATS TOGETHER IN THE STATE OF
           TEXAS TO PASS A PATIENTS' BILL OF RIGHTS. THAT'S WHAT HE SAID.
           BUT THE REALITY IS DIFFERENT. THE GOVERNOR VETOED THE FIRST
           PATIENTS' BILL OF RIGHTS PASSED IN TEXAS. HE FOUGHT TO MAKE THE
           SECOND BILL AS NARROW AND LIMITED AS POSSIBLE. HE WAS SO
           OPPOSED TO THE PROVISION ALLOWING PATIENTS TO SUE THEIR
           H.M.O.'S THAT HE REFUSED TO SIGN THE FINAL BILL AND ALLOW IT
           HAD TO BECOME LAW WITHOUT HIS SIGNATURE. THAT'S NOT THE RECORD

           OF A PERSON WHO'S CANDID ABOUT WHERE HE STANDS AND WHAT HE HAS
           DONE. NOW, THOSE ARE THE FACTS. THOSE ARE THE FACTS. AND IT'S
           NOT A RECORD THAT RECOMMENDS HIM FOR NATIONAL OFFICE FOR ANY
           SIT ZIP CONCERNED ABOUT A STRONG, EFFECTIVE -- CITIZEN
           CONCERNED ABOUT A STRONG, EFFECTIVE PATIENTS' BILL OF RIGHTS.
           IT'S THE RECORD OF A CANDIDATE WHO STANDS WITH THE POWERFUL
           INSURANCE COMPANIES AND H.M.O.'S. NOT WITH THE AMERICAN
           FAMILIES. HE WAS FORCED EFFECTIVELY TO TAKE THE PATIENTS' BILL
           OF RIGHTS. SO WHEN A SENATOR SAYS, WELL, ISN'T IT LAW TODAY?

           YES. BUT IT WAS REQUIRED BECAUSE OF WHAT HAPPENED IN THE
           LEGISLATURE, NOT THE LEADERSHIP THAT WAS PROVIDED BY THE
           GOVERNOR ON THAT ISSUE. LY ON HEALTH INSURANCE, THE RECORD IS
           EQUALLY CLEAR AND EQUALLY BLEAK. GOVERNOR BUSH CLAIMS HE WANTS
           INSURANCE FOR ALL AMERICANS. HE BLAMES VICE PRESIDENT GORE FOR
           THE GROWTH IN THE NUMBER OF THE UNINSURED. BUT GOVERNOR BUSH'S
           RECORD IN TEXAS IS ONE OF THE WORST IN THE COUNTRY. TEXAS HAS
           THE SECOND HIGHEST PROPORTION OF UNINSURED AMERICANS IN THE
           COUNTRY. IT HAS THE SECOND HIGHEST PROPORTION OF UNINSURED

           CHILDREN IN THE COUNTRY. YET GOVERNOR BUSH HAS NOT ONLY DONE
           NOTHING TO ADDRESS THIS PROBLEM. HE HAS ACTUALLY FOUGHT AGAINST
           THE SOLUTIONS.
{END: 2000/10/25 TIME: 15-00 , Wed.  106TH SENATE, SECOND SESSION}