Texas 2009 - 81st Regular

Texas House Bill HB2880 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R2085 CAE-D
2	2	By: Martinez H.B. No. 2880
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to assessment instruments administered to public school
8	8	students in grades three through eight.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.4551(c), Education Code, is amended
11	11	to read as follows:
12	12	(c) The commissioner by rule shall require a teacher to
13	13	attend a reading academy if the teacher provides instruction in
14	14	reading, mathematics, science, or social studies to students at the
15	15	sixth, seventh, or eighth grade level at a campus that is considered
16	16	academically unacceptable under Section 39.132 on the basis of
17	17	student performance on the reading benchmark assessment instrument
18	18	administered under Section 39.0237(a) [39.023(a)] to students in
19	19	any grade level at the campus.
20	20	SECTION 2. Sections 28.0211(a), (b), (c), (d), (e), (f),
21	21	(g), (i), (k), and (m), Education Code, are amended to read as
22	22	follows:
23	23	(a) Except as provided by Subsection (b) or (e), a student
24	24	may not be promoted to:
25	25	(1) the fourth grade program to which the student
26	26	would otherwise be assigned if the student does not perform
27	27	satisfactorily on the third grade reading benchmark assessment
28	28	instruments [instrument] under Section 39.0237 or show annual
29	29	improvement in student achievement [39.023];
30	30	(2) the sixth grade program to which the student would
31	31	otherwise be assigned if the student does not perform
32	32	satisfactorily on the fifth grade mathematics and reading benchmark
33	33	assessment instruments under Section 39.0237 or show annual
34	34	improvement in student achievement [39.023]; or
35	35	(3) the ninth grade program to which the student would
36	36	otherwise be assigned if the student does not perform
37	37	satisfactorily on the eighth grade mathematics and reading
38	38	benchmark assessment instruments under Section 39.0237 or show
39	39	annual improvement in student achievement [39.023].
40	40	(b) [A school district shall provide to a student who
41	41	initially fails to perform satisfactorily on an assessment
42	42	instrument specified under Subsection (a) at least two additional
43	43	opportunities to take the assessment instrument.] A school
44	44	district may administer [an] alternate assessment instruments
45	45	[instrument] to a student who has failed a benchmark [an]
46	46	assessment instrument specified under Subsection (a) on [the
47	47	previous] two occasions [opportunities]. Notwithstanding any
48	48	other provision of this section, a student may be promoted if the
49	49	student performs at grade level on [an] alternate assessment
50	50	instruments [instrument] under this subsection that are [is]
51	51	appropriate for the student's grade level and approved by the
52	52	commissioner.
53	53	(c) Each time a student fails to perform satisfactorily on a
54	54	benchmark [an] assessment instrument specified under Subsection
55	55	(a), the school district in which the student attends school shall
56	56	provide to the student accelerated instruction in the applicable
57	57	subject area, including reading instruction for a student who fails
58	58	to perform satisfactorily on a reading benchmark assessment
59	59	instrument. After a student fails to perform satisfactorily on a
60	60	benchmark [an] assessment instrument a second time, a grade
61	61	placement committee shall be established to prescribe the
62	62	accelerated instruction the district shall provide to the student
63	63	before the student is administered the benchmark assessment
64	64	instrument the third time. The grade placement committee shall be
65	65	composed of the principal or the principal's designee, the
66	66	student's parent or guardian, and the teacher of the subject of a
67	67	benchmark [an] assessment instrument on which the student failed to
68	68	perform satisfactorily. The district shall notify the parent or
69	69	guardian of the time and place for convening the grade placement
70	70	committee and the purpose of the committee. An accelerated
71	71	instruction group administered by a school district under this
72	72	section may not have a ratio of more than 10 students for each
73	73	teacher.
74	74	(d) In addition to providing accelerated instruction to a
75	75	student under Subsection (c), the district shall notify the
76	76	student's parent or guardian of:
77	77	(1) the student's failure to perform satisfactorily on
78	78	a benchmark [the] assessment instrument;
79	79	(2) the accelerated instruction program to which the
80	80	student is assigned; and
81	81	(3) the possibility that the student might be retained
82	82	at the same grade level for the next school year.
83	83	(e) A student who does not[, after at least three attempts,
84	84	fails to] perform satisfactorily on each benchmark [an] assessment
85	85	instrument in each subject specified under Subsection (a) may
86	86	[shall] be retained at the same grade level for the next school year
87	87	in accordance with Subsection (a) if the student has not shown
88	88	annual improvement or progress. The student's parent or guardian
89	89	may appeal the student's retention by submitting a request to the
90	90	grade placement committee established under Subsection (c). The
91	91	school district shall give the parent or guardian written notice of
92	92	the opportunity to appeal. The grade placement committee may
93	93	decide in favor of a student's promotion only if the committee
94	94	concludes, using standards adopted by the board of trustees, that
95	95	if promoted and given accelerated instruction, the student is
96	96	likely to perform at grade level. A student may not be promoted on
97	97	the basis of the grade placement committee's decision unless that
98	98	decision is unanimous. The commissioner by rule shall establish a
99	99	time line for making the placement determination. This subsection
100	100	does not create a property interest in promotion. The decision of
101	101	the grade placement committee is final and may not be appealed.
102	102	(f) A school district shall provide to a student who[, after
103	103	three attempts,] has failed to perform satisfactorily on at least
104	104	two benchmark [an] assessment instruments in a subject [instrument]
105	105	specified under Subsection (a) accelerated instruction in that
106	106	subject during the next school year as prescribed by an educational
107	107	plan developed for the student by the student's grade placement
108	108	committee established under Subsection (c). The district shall
109	109	provide that accelerated instruction regardless of whether the
110	110	student has been promoted or retained. The educational plan must be
111	111	designed to enable the student to perform at the appropriate grade
112	112	level by the conclusion of the school year. During the school year,
113	113	the student shall be monitored to ensure that the student is
114	114	progressing in accordance with the plan. [The district shall
115	115	administer to the student the assessment instrument for the grade
116	116	level in which the student is placed at the time the district
117	117	regularly administers the assessment instruments for that school
118	118	year.]
119	119	(g) This section does not preclude the retention at a grade
120	120	level, in accordance with state law or school district policy, of a
121	121	student who performs satisfactorily on benchmark [an] assessment
122	122	instruments [instrument] specified under Subsection (a).
123	123	(i) The admission, review, and dismissal committee of a
124	124	student who participates in a district's special education program
125	125	under Subchapter B, Chapter 29, and who does not perform
126	126	satisfactorily on benchmark [an] assessment instruments
127	127	[instrument] specified under Subsection (a) and administered under
128	128	Section 39.0237(a) or (b) [39.023(a) or (b)] shall determine:
129	129	(1) the manner in which the student will participate
130	130	in an accelerated instruction program under this section; and
131	131	(2) whether the student will be promoted or retained
132	132	under this section.
133	133	(k) The commissioner shall adopt rules as necessary to
134	134	implement this section, including rules concerning when school
135	135	districts shall administer benchmark assessment instruments
136	136	required under this section and which administration of the
137	137	benchmark assessment instruments will be used for purposes of
138	138	Section 39.051.
139	139	(m) The commissioner shall certify, not later than July 1 of
140	140	each school year or as soon as practicable thereafter, whether
141	141	sufficient funds have been appropriated statewide for the purposes
142	142	of this section. A determination by the commissioner is final and
143	143	may not be appealed. For purposes of certification, the
144	144	commissioner may not consider Foundation School Program
145	145	funds. This section may be implemented only if the commissioner
146	146	certifies that sufficient funds have been appropriated during a
147	147	school year for administering the benchmark [accelerated]
148	148	instruction programs specified under this section, including
149	149	teacher training for that purpose.
150	150	SECTION 3. Section 28.0213(e), Education Code, is amended
151	151	to read as follows:
152	152	(e) For a student in a special education program under
153	153	Subchapter A, Chapter 29, who does not perform satisfactorily on an
154	154	assessment instrument administered under Section 39.023(a), (b),
155	155	or (c) or benchmark assessment instruments administered under
156	156	Section 39.0237, the student's admission, review, and dismissal
157	157	committee shall design the program to:
158	158	(1) enable the student to attain a standard of annual
159	159	growth on the basis of the student's individualized education
160	160	program; and
161	161	(2) if applicable, carry out the purposes of Section
162	162	28.0211.
163	163	SECTION 4. Section 29.056(g), Education Code, is amended to
164	164	read as follows:
165	165	(g) A district may transfer a student of limited English
166	166	proficiency out of a bilingual education or special language
167	167	program for the first time or a subsequent time if the student is
168	168	able to participate equally in a regular all-English instructional
169	169	program as determined by:
170	170	(1) agency-approved tests administered at the end of
171	171	each school year to determine the extent to which the student has
172	172	developed oral and written language proficiency and specific
173	173	language skills in English;
174	174	(2) satisfactory performance on the reading
175	175	assessment instrument under Section 39.023(a), the reading
176	176	benchmark assessment instruments under Section 39.0237, or an
177	177	English language arts assessment instrument under Section
178	178	39.023(c), as applicable, with the assessment instrument
179	179	administered in English, or, if the student is enrolled in the first
180	180	or second grade, an achievement score at or above the 40th
181	181	percentile in the reading and language arts sections of an English
182	182	standardized test approved by the agency; and
183	183	(3) agency-approved criterion-referenced tests and
184	184	the results of a subjective teacher evaluation.
185	185	SECTION 5. Section 29.0561(b), Education Code, is amended
186	186	to read as follows:
187	187	(b) During the first two school years after a student is
188	188	transferred out of a bilingual education or special language
189	189	program under Section 29.056(g), the language proficiency
190	190	assessment committee shall review the student's performance and
191	191	consider:
192	192	(1) the total amount of time the student was enrolled
193	193	in a bilingual education or special language program;
194	194	(2) the student's grades each grading period in each
195	195	subject in the foundation curriculum under Section 28.002(a)(1);
196	196	(3) the student's performance on each assessment
197	197	instrument administered under Section 39.023(a) or (c) or benchmark
198	198	assessment instruments administered under Section 39.0237(a);
199	199	(4) the number of credits the student has earned
200	200	toward high school graduation, if applicable; and
201	201	(5) any disciplinary actions taken against the student
202	202	under Subchapter A, Chapter 37.
203	203	SECTION 6. Section 30A.110(b), Education Code, is amended
204	204	to read as follows:
205	205	(b) Each student enrolled under this chapter in an
206	206	electronic course offered through the state virtual school network
207	207	must take any assessment instrument under Section 39.023 and any
208	208	benchmark assessment instruments under Section 39.0237 that are
209	209	[is] administered to students who are provided instruction in the
210	210	course material in the traditional classroom setting. The
211	211	administration of the assessment instrument or benchmark
212	212	assessment instruments to the student enrolled in the electronic
213	213	course must be supervised by a proctor.
214	214	SECTION 7. Section 37.008(m), Education Code, is amended to
215	215	read as follows:
216	216	(m) The commissioner shall adopt rules necessary to
217	217	evaluate annually the performance of each district's disciplinary
218	218	alternative education program established under this subchapter.
219	219	The evaluation required by this section shall be based on
220	220	indicators defined by the commissioner, but must include student
221	221	performance on assessment instruments required under Sections
222	222	39.023(a) and (c) and benchmark assessment instruments required
223	223	under Section 39.0237(a). Academically, the mission of
224	224	disciplinary alternative education programs shall be to enable
225	225	students to perform at grade level.
226	226	SECTION 8. Sections 39.023(a), (b), (c-3), (h), and (i),
227	227	Education Code, are amended to read as follows:
228	228	(a) The agency shall adopt or develop appropriate
229	229	criterion-referenced assessment instruments designed to assess a
230	230	student's essential knowledge and skills in reading, writing,
231	231	mathematics, social studies, and science. The assessment
232	232	instrument administered under this subsection is a diagnostic
233	233	examination administered during the first six weeks of the school
234	234	year and may be used by the district only to identify the academic
235	235	strengths and weaknesses of each student. All students, except
236	236	students assessed under Subsection (b) or (l) or exempted under
237	237	Section 39.027, shall be assessed in:
238	238	(1) mathematics, annually in grades three through
239	239	seven without the aid of technology and in grade eight with the aid
240	240	of technology on any assessment instrument that includes algebra;
241	241	(2) reading, annually in grades three through eight;
242	242	(3) writing, including spelling and grammar, in grades
243	243	four and seven;
244	244	(4) social studies, in grade eight;
245	245	(5) science, in grades five and eight; and
246	246	(6) any other subject and grade required by federal
247	247	law.
248	248	(b) The agency shall develop or adopt appropriate
249	249	criterion-referenced assessment instruments to be administered to
250	250	each student in a special education program under Subchapter A,
251	251	Chapter 29, who receives modified instruction in the essential
252	252	knowledge and skills identified under Section 28.002 for the
253	253	assessed subject but for whom an assessment instrument adopted
254	254	under Subsection (a), even with allowable modifications, would not
255	255	provide an appropriate measure of student achievement, as
256	256	determined by the student's admission, review, and dismissal
257	257	committee. The assessment instrument administered under this
258	258	subsection is a diagnostic examination administered during the
259	259	first six weeks of the school year and may be used by the district
260	260	only to identify the academic strengths and weaknesses of each
261	261	student. The assessment instruments required under this subsection
262	262	must assess essential knowledge and skills and growth in the
263	263	subjects of reading, mathematics, and writing. A student's
264	264	admission, review, and dismissal committee shall determine whether
265	265	any allowable modification is necessary in administering to the
266	266	student an assessment instrument required under this subsection.
267	267	The assessment instruments required under this subsection shall be
268	268	administered on the same schedule as the assessment instruments
269	269	administered under Subsection (a).
270	270	(c-3) In adopting a schedule for the administration of
271	271	assessment instruments under this section, the State Board of
272	272	Education shall require[:
273	273	[(1) assessment instruments administered under
274	274	Subsection (a) to be administered on a schedule so that the first
275	275	assessment instrument is administered at least two weeks later than
276	276	the date on which the first assessment instrument was administered
277	277	under Subsection (a) during the 2006-2007 school year; and
278	278	[(2)] the spring administration of end-of-course
279	279	assessment instruments under Subsection (c) to occur in each school
280	280	district not earlier than the first full week in May, except that
281	281	the spring administration of the end-of-course assessment
282	282	instruments in English I, English II, and English III must be
283	283	permitted to occur at an earlier date.
284	284	(h) The agency shall notify school districts and campuses of
285	285	the results of assessment instruments administered under this
286	286	section at the earliest possible date determined by the State Board
287	287	of Education [but not later than the beginning of the subsequent
288	288	school year].
289	289	(i) The provisions of this section, except Subsections (a),
290	290	(b), and [Subsection] (d), are subject to modification by rules
291	291	adopted under Section 39.022. Each assessment instrument adopted
292	292	under those rules and each assessment instrument required under
293	293	Subsection (d) must be reliable and valid and must meet any
294	294	applicable federal requirements for measurement of student
295	295	progress.
296	296	SECTION 9. Subchapter B, Chapter 39, Education Code, is
297	297	amended by adding Sections 39.0236 and 39.0237 to read as follows:
298	298	Sec. 39.0236. REGIONAL EDUCATION SERVICE CENTER BENCHMARK
299	299	ASSESSMENT INSTRUMENT COMMITTEE. (a) Each regional education
300	300	service center shall appoint one person to serve on the benchmark
301	301	assessment instrument committee. The committee shall adopt or
302	302	develop appropriate benchmark assessment instruments designed to
303	303	assess knowledge and skills in reading, writing, mathematics,
304	304	social studies, and science in grades three through eight.
305	305	(b) School districts shall provide assistance to the
306	306	committee as requested in developing and administering the
307	307	benchmark assessment instruments.
308	308	(c) The committee shall review each benchmark assessment
309	309	instrument every two years.
310	310	(d) The committee shall develop benchmark assessment
311	311	instruments in a manner that allows for the measurement of annual
312	312	improvement in student achievement as required by Sections
313	313	39.034(c) and (d).
314	314	(e) The benchmark assessment instruments shall be designed
315	315	to include assessment of a student's problem-solving ability and
316	316	complex-thinking skills using a method of assessing those abilities
317	317	and skills that is demonstrated to be highly reliable.
318	318	(f) The committee shall release the questions and answer
319	319	keys to each benchmark assessment instrument administered under
320	320	Subsection (a) not later than the second anniversary of the date the
321	321	instrument is administered.
322	322	Sec. 39.0237. BENCHMARK ASSESSMENT INSTRUMENT. (a) Every
323	323	six weeks, all students other than students assessed under
324	324	Subsection (b) or (c) or exempted under Section 39.027 shall be
325	325	administered the benchmark assessment instruments developed by the
326	326	regional education service center benchmark assessment instrument
327	327	committee in:
328	328	(1) mathematics, in grades three through seven without
329	329	the aid of technology and in grade eight with the aid of technology
330	330	on any benchmark assessment instrument that includes algebra;
331	331	(2) reading, in grades three through eight;
332	332	(3) writing, including spelling and grammar, in grades
333	333	four and seven;
334	334	(4) social studies, in grade eight; and
335	335	(5) science, in grades five and eight.
336	336	(b) The benchmark assessment instrument committee shall
337	337	develop or adopt appropriate benchmark assessment instruments to be
338	338	administered to each student in a special education program under
339	339	Subchapter A, Chapter 29, who receives modified instruction in the
340	340	essential knowledge and skills identified under Section 28.002 for
341	341	the assessed subject but for whom a benchmark assessment instrument
342	342	adopted under Section 39.0236(a), even with allowable
343	343	modifications, would not provide an appropriate measure of student
344	344	achievement, as determined by the student's admission, review, and
345	345	dismissal committee. The benchmark assessment instruments
346	346	required under this subsection must assess essential knowledge and
347	347	skills and growth in the subjects of reading, mathematics, and
348	348	writing. A student's admission, review, and dismissal committee
349	349	shall determine whether any allowable modification is necessary in
350	350	administering to the student a benchmark assessment instrument
351	351	required under this subsection. The benchmark assessment
352	352	instruments required under this subsection shall be administered on
353	353	the same schedule as the benchmark assessment instruments
354	354	administered under Subsection (a).
355	355	(c) The benchmark assessment instrument committee shall
356	356	adopt rules for the administration of the benchmark assessment
357	357	instruments adopted under Section 39.0236(a) in Spanish to students
358	358	in grades three through eight who are of limited English
359	359	proficiency, as defined by Section 29.052, whose primary language
360	360	is Spanish. Each student of limited English proficiency whose
361	361	primary language is Spanish, other than a student to whom
362	362	Subsection (b) applies, may be assessed using benchmark assessment
363	363	instruments in Spanish under this subsection for up to three years
364	364	or benchmark instruments in English under Subsection (a). The
365	365	language proficiency assessment committee established under
366	366	Section 29.063 shall determine which students are administered
367	367	benchmark assessment instruments in Spanish under this subsection.
368	368	(d) The commissioner by rule shall develop procedures under
369	369	which the language proficiency assessment committee established
370	370	under Section 29.063 shall determine which students are exempt from
371	371	the administration of the benchmark assessment instruments under
372	372	Sections 39.027(a)(6) and (7). The rules adopted under this
373	373	subsection shall ensure that the language proficiency assessment
374	374	committee provides that the exempted students are administered the
375	375	benchmark assessment instruments under Subsection (a) at the
376	376	earliest practical date.
377	377	(e) This subsection applies only to a student who is
378	378	determined to have dyslexia or a related disorder and who is an
379	379	individual with a disability under 29 U.S.C. Section 705(20). The
380	380	benchmark assessment instrument committee shall adopt or develop
381	381	appropriate benchmark assessment instruments designed to assess
382	382	the ability of and to be administered to each student to whom this
383	383	subsection applies for whom the benchmark assessment instruments
384	384	adopted under Section 39.0236(a), even with allowable
385	385	modifications, would not provide an appropriate measure of student
386	386	achievement, as determined by the committee established by the
387	387	board of trustees of the district to determine the placement of
388	388	students with dyslexia or related disorders. The placement
389	389	committee shall determine whether any allowable modification is
390	390	necessary in administering to a student a benchmark assessment
391	391	instrument required under this subsection. The benchmark
392	392	assessment instruments required under this subsection shall be
393	393	administered on the same schedule as the benchmark assessment
394	394	instruments administered under Subsection (a).
395	395	(f) A student is considered to have met the standards for
396	396	advancement if the student passes each benchmark assessment
397	397	instrument or the student shows annual improvement in student
398	398	achievement to meet the grade level requirements. A student must
399	399	have attended school at least 150 days to meet the grade level
400	400	requirements.
401	401	SECTION 10. Section 39.026, Education Code, is amended to
402	402	read as follows:
403	403	Sec. 39.026. LOCAL OPTION. In addition to the assessment
404	404	instruments adopted by the agency and administered by the State
405	405	Board of Education and the benchmark assessment instruments
406	406	administered under Section 39.0237, a school district may adopt and
407	407	administer criterion-referenced or norm-referenced assessment
408	408	instruments, or both, at any grade level. A norm-referenced
409	409	assessment instrument adopted under this section must be
410	410	economical, nationally recognized, and state-approved.
411	411	SECTION 11. Section 39.0262(a), Education Code, is amended
412	412	to read as follows:
413	413	(a) In a subject area for which assessment instruments are
414	414	administered under Section 39.023 or benchmark assessment
415	415	instruments are administered under Section 39.0237, a school
416	416	district may not administer district-required assessment
417	417	instruments to any student on more than 10 percent of the
418	418	instructional days in any school year.
419	419	SECTION 12. Sections 39.027(a), (b), (c), (e), and (g),
420	420	Education Code, are amended to read as follows:
421	421	(a) A student may be exempted from the administration of an
422	422	assessment or benchmark assessment instrument under:
423	423	(1) Section 39.023(a) or (b) if the student is
424	424	eligible for a special education program under Section 29.003 and
425	425	the student's individualized education program does not include
426	426	instruction in the essential knowledge and skills under Section
427	427	28.002 at any grade level;
428	428	(2) Section 39.023(c) or (d) if the student is
429	429	eligible for a special education program under Section 29.003 and:
430	430	(A) the student's individualized education
431	431	program does not include instruction in the essential knowledge and
432	432	skills under Section 28.002 at any grade level; or
433	433	(B) the assessment instrument, even with
434	434	allowable modifications, would not provide an appropriate measure
435	435	of the student's achievement as determined by the student's
436	436	admission, review, and dismissal committee;
437	437	(3) Section 39.023(a) or (l) for a period of up to one
438	438	year after initial enrollment in a school in the United States if
439	439	the student is of limited English proficiency, as defined by
440	440	Section 29.052, and has not demonstrated proficiency in English as
441	441	determined by the assessment system under Subsection (e); or
442	442	(4) Section 39.023(a) or (l) for a period of up to two
443	443	years in addition to the exemption period authorized by Subdivision
444	444	(3) if the student has received an exemption under Subdivision (3)
445	445	and:
446	446	(A) is a recent unschooled immigrant; or
447	447	(B) is in a grade for which no assessment
448	448	instrument in the primary language of the student is available;
449	449	(5) Section 39.0237(a) or (b) if the student is
450	450	eligible for a special education program under Section 29.003 and
451	451	the student's individualized education program does not include
452	452	instruction in the essential knowledge and skills under Section
453	453	28.002 at any grade level; or
454	454	(6) Section 39.0237(a) or (c) for a period of up to one
455	455	year after initial enrollment in a school in the United States if
456	456	the student is of limited English proficiency, as defined by
457	457	Section 29.052, and has not demonstrated proficiency in English as
458	458	determined by the assessment system under Subsection (e); or
459	459	(7) Section 39.0237(a) or (c) for a period of up to two
460	460	years in addition to the exemption period authorized by Subdivision
461	461	(6) if the student has received an exemption under Subdivision (6)
462	462	and:
463	463	(A) is a recent unschooled immigrant; or
464	464	(B) is in a grade for which no benchmark
465	465	assessment instruments in the primary language of the student are
466	466	available.
467	467	(b) The State Board of Education shall adopt rules under
468	468	which a dyslexic student who is not exempt under Subsection (a) may
469	469	use procedures including oral examinations if appropriate or may be
470	470	allowed additional time or the materials or technology necessary
471	471	for the student to demonstrate the student's mastery of the
472	472	competencies the assessment instruments or benchmark assessment
473	473	instruments are designed to measure.
474	474	(c) The commissioner shall develop and adopt a process for
475	475	reviewing the exemption process of a school district or shared
476	476	services arrangement that gives an exemption under Subsection
477	477	(a)(1) or (a)(5) as follows:
478	478	(1) to more than five percent of the students in the
479	479	special education program, in the case of a district or shared
480	480	services arrangement with an average daily attendance of at least
481	481	1,600;
482	482	(2) to more than 10 percent of the students in the
483	483	special education program, in the case of a district or shared
484	484	services arrangement with an average daily attendance of at least
485	485	190 and not more than 1,599; or
486	486	(3) to the greater of more than 10 percent of the
487	487	students in the special education program or to at least five
488	488	students in the special education program, in the case of a district
489	489	or shared services arrangement with an average daily attendance of
490	490	not more than 189.
491	491	(e) The commissioner shall develop an assessment system
492	492	that shall be used for evaluating the academic progress, including
493	493	reading proficiency in English, of all students of limited English
494	494	proficiency, as defined by Section 29.052. A student who is exempt
495	495	from the administration of an assessment instrument under
496	496	Subsection (a)(3), [or] (4), (6), or (7) who achieves reading
497	497	proficiency in English as determined by the assessment system
498	498	developed under this subsection shall be administered the
499	499	assessment instruments described by Sections 39.023(a) and (c) and
500	500	benchmark assessment instruments described by Section 39.0237(a)
501	501	or (c). The performance under the assessment system developed
502	502	under this subsection of students to whom Subsection (a)(3), [or]
503	503	(4), (6), or (7) applies shall be included in the academic
504	504	excellence indicator system under Section 39.051, the performance
505	505	report under Section 39.053, and the comprehensive annual report
506	506	under Section 39.182. This information shall be provided in a
507	507	manner that is disaggregated by the bilingual education or special
508	508	language program, if any, in which the student is enrolled.
509	509	(g) For purposes of this section, "recent unschooled
510	510	immigrant" means an immigrant who initially enrolled in a school in
511	511	the United States not more than 12 months before the date of the
512	512	administration of an assessment instrument under Section 39.023(a)
513	513	or (l) or a benchmark assessment instrument under Section
514	514	39.0237(a) or (c) and who, as a result of inadequate schooling
515	515	outside of the United States, lacks the necessary foundation in the
516	516	essential knowledge and skills of the curriculum prescribed under
517	517	Section 28.002 as determined by the language proficiency assessment
518	518	committee established under Section 29.063. For purposes of this
519	519	subsection and to the extent authorized by federal law, a child's
520	520	prior enrollment in a school in the United States shall be
521	521	determined on the basis of documents and records required under
522	522	Section 25.002(a).
523	523	SECTION 13. Sections 39.034(a), (c), (e), and (g),
524	524	Education Code, are amended to read as follows:
525	525	(a) The commissioner shall determine a method by which the
526	526	agency may measure annual improvement in student achievement from
527	527	one school year to the next on an assessment instrument required
528	528	under this subchapter for students in grades nine and above and on
529	529	benchmark assessment instruments for students in grades three
530	530	through eight. A student in grades three through eight is
531	531	considered to have made adequate annual improvement if the student
532	532	shows annual improvement regardless of the student's performance on
533	533	benchmark assessment instruments.
534	534	(c) The agency shall use a student's previous years'
535	535	performance data on an assessment instrument or benchmark
536	536	assessment instrument required under this subchapter to determine
537	537	the student's expected annual improvement. The agency shall
538	538	report that expected level of annual improvement and the actual
539	539	level of annual improvement achieved to the district. The report
540	540	must state whether the student fell below, met, or exceeded the
541	541	agency's expectation for improvement.
542	542	(e) The agency shall report to each school district the
543	543	comparisons made under this section. Each school district shall
544	544	provide the comparisons to each teacher for all students who were:
545	545	(1) assessed on an assessment instrument or benchmark
546	546	assessment instrument; and
547	547	(2) taught by that teacher in the subject for which the
548	548	assessment instrument or benchmark assessment instrument was
549	549	administered.
550	550	(g) To the extent practicable, the agency shall combine the
551	551	report of the comparisons required under this section with the
552	552	report of the student's performance on assessment instruments
553	553	administered under Section 39.023 and benchmark assessment
554	554	instruments administered under Section 39.0237.
555	555	SECTION 14. Section 39.051, Education Code, is amended by
556	556	amending Subsections (b), (d), (f), and (g) and adding Subsection
557	557	(b-2) to read as follows:
558	558	(b) Performance on the indicators adopted under this
559	559	section shall be compared to state-established standards. The
560	560	degree of change from one school year to the next in performance on
561	561	each indicator adopted under this section shall also be
562	562	considered. The indicators must be based on information that is
563	563	disaggregated by [race,] ethnicity, gender, and socioeconomic
564	564	status and must include:
565	565	(1) the results of assessment instruments required
566	566	under Section 39.023(c) [Sections 39.023(a), (c),] and benchmark
567	567	assessment instruments required under Section 39.0237 [(l)],
568	568	aggregated by grade level and subject area;
569	569	(2) dropout rates, including dropout rates and
570	570	district completion rates for grade levels 9 through 12, computed
571	571	in accordance with standards and definitions adopted by the
572	572	National Center for Education Statistics of the United States
573	573	Department of Education;
574	574	(3) high school graduation rates, computed in
575	575	accordance with standards and definitions adopted in compliance
576	576	with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
577	577	(4) student attendance rates;
578	578	(5) the percentage of graduating students who attain
579	579	scores on the questions developed for end-of-course assessment
580	580	instruments under Section 39.0233(a) that are equivalent to a
581	581	passing score on the assessment instrument required under Section
582	582	51.3062;
583	583	(6) the percentage of graduating students who meet the
584	584	course requirements established for the recommended high school
585	585	program by State Board of Education rule;
586	586	(7) the results of the Scholastic Assessment Test
587	587	(SAT), the American College Test (ACT), articulated postsecondary
588	588	degree programs described by Section 61.852, and certified
589	589	workforce training programs described by Chapter 311, Labor Code;
590	590	(8) the percentage of students, aggregated by grade
591	591	level, provided accelerated instruction under Section 28.0211(c),
592	592	the results of benchmark assessment instruments [assessments]
593	593	administered under that section, the percentage of students
594	594	promoted through the grade placement committee process under
595	595	Section 28.0211, the subject of the benchmark assessment instrument
596	596	on which each student failed to perform satisfactorily, and the
597	597	performance of those students in the school year following that
598	598	promotion on the assessment instruments required under Section
599	599	39.023 and benchmark assessment instruments required under Section
600	600	39.0237;
601	601	(9) for students who have failed to perform
602	602	satisfactorily on benchmark [an] assessment instruments
603	603	[instrument] required under Section 39.0237(a) or an assessment
604	604	instrument required under Section 39.023(c) [39.023(a) or (c)], the
605	605	numerical progress of those students grouped by percentage on
606	606	subsequent assessment instruments required under those sections,
607	607	aggregated by grade level and subject area;
608	608	(10) the percentage of students exempted, by exemption
609	609	category, from the assessment programs [program] generally
610	610	applicable under this chapter;
611	611	(11) the percentage of students of limited English
612	612	proficiency exempted from the administration of an assessment
613	613	instrument or benchmark assessment instrument under Sections
614	614	39.027(a)(3), [and] (4), (6), and (7);
615	615	(12) the percentage of students in a special education
616	616	program under Subchapter A, Chapter 29, assessed through benchmark
617	617	assessment instruments developed or adopted under Section
618	618	39.0237(b) [39.023(b)];
619	619	(13) the measure of progress toward preparation for
620	620	postsecondary success; and
621	621	(14) the measure of progress toward dual language
622	622	proficiency under Section 39.034(b), for students of limited
623	623	English proficiency, as defined by Section 29.052.
624	624	(b-2) Notwithstanding Subsection (b)(2), in determining
625	625	dropout rates and district completion rates under that subsection
626	626	for grade levels 9 through 12 for purposes of the state
627	627	accountability system under this chapter, a student who has
628	628	obtained a high school equivalency certificate (GED) or completed
629	629	four years of high school is considered to have completed school and
630	630	is not considered to have dropped out of school.
631	631	(d) Annually, the commissioner shall define exemplary,
632	632	recognized, and unacceptable performance for each academic
633	633	excellence indicator included under Subsections (b)(1) through (7)
634	634	and shall project the standards for each of those levels of
635	635	performance for succeeding years. For the indicator under
636	636	Subsection (b)(8), the commissioner shall define exemplary,
637	637	recognized, and unacceptable performance based on student
638	638	performance for the period covering both the current and preceding
639	639	academic years. In defining exemplary, recognized, and
640	640	unacceptable performance for the indicators under Subsections
641	641	(b)(2) and (4), the commissioner may not consider as a dropout or as
642	642	a student who has failed to attend school a student:
643	643	(1) who has obtained a high school equivalency
644	644	certificate (GED) or attended four years of high school; or
645	645	(2) whose failure to attend school results from:
646	646	(A) [(1)] the student's expulsion under Section
647	647	37.007; and
648	648	(B) [(2)] as applicable:
649	649	(i) [(A)] adjudication as having engaged in
650	650	delinquent conduct or conduct indicating a need for supervision, as
651	651	defined by Section 51.03, Family Code; or
652	652	(ii) [(B)] conviction of and sentencing for
653	653	an offense under the Penal Code.
654	654	(f) The indicator under Subsection (b)(1) must include the
655	655	results of benchmark assessment instruments required under Section
656	656	39.0237(b) [39.023(b)].
657	657	(g) The commissioner by rule shall adopt accountability
658	658	measures to be used in assessing the progress of students who have
659	659	failed to perform satisfactorily in the preceding school year on
660	660	benchmark [an] assessment instruments [instrument] required under
661	661	Section 39.0237 [39.023(a), (c), or (l)].
662	662	SECTION 15. Section 39.072(c), Education Code, is amended
663	663	to read as follows:
664	664	(c) The agency shall evaluate against state standards and
665	665	shall, not later than August 1 of each year, report the performance
666	666	of each campus in a district and each open-enrollment charter
667	667	school on the basis of the campus's performance on the indicators
668	668	adopted under Sections 39.051(b)(1) through (8). Consideration of
669	669	the effectiveness of district programs under Subsection (b)(2) or
670	670	(3) must be based on data collected through the Public Education
671	671	Information Management System for purposes of accountability under
672	672	this chapter and include the results of assessment instruments
673	673	[assessments] required under Section 39.023 or benchmark
674	674	assessment instruments required under Section 39.0237.
675	675	SECTION 16. Section 39.073(e), Education Code, is amended
676	676	to read as follows:
677	677	(e) In determining a district's accreditation rating, the
678	678	agency shall consider:
679	679	(1) the district's current special education
680	680	compliance status with the agency; and
681	681	(2) the progress of students who have failed to
682	682	perform satisfactorily in the preceding school year on benchmark
683	683	[an] assessment instruments [instrument] required under Section
684	684	39.0237 [39.023(a), (c), or (l)].
685	685	SECTION 17. Section 39.075(a), Education Code, is amended
686	686	to read as follows:
687	687	(a) The commissioner shall authorize special accreditation
688	688	investigations to be conducted:
689	689	(1) when excessive numbers of absences of students
690	690	eligible to be tested on state assessment instruments are
691	691	determined;
692	692	(2) when excessive numbers of allowable exemptions
693	693	from the required state assessment instruments are determined;
694	694	(3) in response to complaints submitted to the agency
695	695	with respect to alleged violations of civil rights or other
696	696	requirements imposed on the state by federal law or court order;
697	697	(4) in response to established compliance reviews of
698	698	the district's financial accounting practices and state and federal
699	699	program requirements;
700	700	(5) when extraordinary numbers of student placements
701	701	in disciplinary alternative education programs, other than
702	702	placements under Sections 37.006 and 37.007, are determined;
703	703	(6) in response to an allegation involving a conflict
704	704	between members of the board of trustees or between the board and
705	705	the district administration if it appears that the conflict
706	706	involves a violation of a role or duty of the board members or the
707	707	administration clearly defined by this code;
708	708	(7) when excessive numbers of students in special
709	709	education programs under Subchapter A, Chapter 29, are assessed
710	710	through benchmark assessment instruments developed or adopted
711	711	under Section 39.0237(b) [39.023(b)];
712	712	(8) in response to an allegation regarding or an
713	713	analysis using a statistical method result indicating a possible
714	714	violation of an assessment instrument security procedure
715	715	established under Section 39.0301, including for the purpose of
716	716	investigating or auditing a school district under that section; or
717	717	(9) as the commissioner otherwise determines
718	718	necessary.
719	719	SECTION 18. Section 39.1324(b), Education Code, is amended
720	720	to read as follows:
721	721	(b) The campus intervention team shall decide which
722	722	educators may be retained at that campus. A principal who has been
723	723	employed by the campus in that capacity during the full two-year
724	724	period described by Subsection (a) may not be retained at that
725	725	campus. A teacher of a subject assessed by an assessment
726	726	instrument under Section 39.023 or a benchmark assessment
727	727	instrument under Section 39.0237 may be retained only if the campus
728	728	intervention team determines that a pattern exists of significant
729	729	academic improvement by students taught by the teacher. If an
730	730	educator is not retained, the educator may be assigned to another
731	731	position in the district.
732	732	SECTION 19. Section 39.182(a), Education Code, is amended
733	733	to read as follows:
734	734	(a) Not later than December 1 of each year, the agency shall
735	735	prepare and deliver to the governor, the lieutenant governor, the
736	736	speaker of the house of representatives, each member of the
737	737	legislature, the Legislative Budget Board, and the clerks of the
738	738	standing committees of the senate and house of representatives with
739	739	primary jurisdiction over the public school system a comprehensive
740	740	report covering the preceding school year and containing:
741	741	(1) an evaluation of the achievements of the state
742	742	educational program in relation to the statutory goals for the
743	743	public education system under Section 4.002;
744	744	(2) an evaluation of the status of education in the
745	745	state as reflected by the academic excellence indicators adopted
746	746	under Section 39.051;
747	747	(3) a summary compilation of overall student
748	748	performance on academic skills assessment instruments required by
749	749	Section 39.023 or benchmark assessment instruments required by
750	750	Section 39.0237 with the number and percentage of students
751	751	exempted from the administration of those instruments and the basis
752	752	of the exemptions, aggregated by grade level, subject area, campus,
753	753	and district, with appropriate interpretations and analysis, and
754	754	disaggregated by [race,] ethnicity, gender, and socioeconomic
755	755	status;
756	756	(4) a summary compilation of overall performance of
757	757	students placed in a disciplinary alternative education program
758	758	established under Section 37.008 on academic skills assessment
759	759	instruments required by Section 39.023 or benchmark assessment
760	760	instruments required by Section 39.0237 with the number of those
761	761	students exempted from the administration of those instruments and
762	762	the basis of the exemptions, aggregated by district, grade level,
763	763	and subject area, with appropriate interpretations and analysis,
764	764	and disaggregated by [race,] ethnicity, gender, and socioeconomic
765	765	status;
766	766	(5) a summary compilation of overall performance of
767	767	students at risk of dropping out of school, as defined by Section
768	768	29.081(d), on academic skills assessment instruments required by
769	769	Section 39.023 or benchmark assessment instruments required by
770	770	Section 39.0237 with the number of those students exempted from the
771	771	administration of those instruments and the basis of the
772	772	exemptions, aggregated by district, grade level, and subject area,
773	773	with appropriate interpretations and analysis, and disaggregated
774	774	by [race,] ethnicity, gender, and socioeconomic status;
775	775	(6) an evaluation of the correlation between student
776	776	grades and student performance on academic skills assessment
777	777	instruments required by Section 39.023 or benchmark assessment
778	778	instruments required by Section 39.0237;
779	779	(7) a statement of the dropout rate of students in
780	780	grade levels 7 through 12, expressed in the aggregate and by grade
781	781	level, and a statement of the completion rates of students for grade
782	782	levels 9 through 12;
783	783	(8) a statement of:
784	784	(A) the completion rate of students who enter
785	785	grade level 9 and graduate not more than four years later;
786	786	(B) the completion rate of students who enter
787	787	grade level 9 and graduate, including students who require more
788	788	than four years to graduate;
789	789	(C) the completion rate of students who enter
790	790	grade level 9 and not more than four years later receive a high
791	791	school equivalency certificate;
792	792	(D) the completion rate of students who enter
793	793	grade level 9 and receive a high school equivalency certificate,
794	794	including students who require more than four years to receive a
795	795	certificate; and
796	796	(E) the number and percentage of all students who
797	797	have not been accounted for under Paragraph (A), (B), (C), or (D);
798	798	(9) a statement of the projected cross-sectional and
799	799	longitudinal dropout rates for grade levels 9 through 12 for the
800	800	next five years, assuming no state action is taken to reduce the
801	801	dropout rate;
802	802	(10) a description of a systematic, measurable plan
803	803	for reducing the projected cross-sectional and longitudinal
804	804	dropout rates to five percent or less for the 1997-1998 school year;
805	805	(11) a summary of the information required by Section
806	806	29.083 regarding grade level retention of students and information
807	807	concerning:
808	808	(A) the number and percentage of students
809	809	retained; and
810	810	(B) the performance of retained students on
811	811	benchmark assessment instruments required under Section 39.0237(a)
812	812	[39.023(a)];
813	813	(12) information, aggregated by district type and
814	814	disaggregated by [race,] ethnicity, gender, and socioeconomic
815	815	status, on:
816	816	(A) the number of students placed in a
817	817	disciplinary alternative education program established under
818	818	Section 37.008;
819	819	(B) the average length of a student's placement
820	820	in a disciplinary alternative education program established under
821	821	Section 37.008;
822	822	(C) the academic performance of students on
823	823	benchmark assessment instruments required under Section 39.0237(a)
824	824	[39.023(a)] during the year preceding and during the year following
825	825	placement in a disciplinary alternative education program; and
826	826	(D) the dropout rates of students who have been
827	827	placed in a disciplinary alternative education program established
828	828	under Section 37.008;
829	829	(13) a list of each school district or campus that does
830	830	not satisfy performance standards, with an explanation of the
831	831	actions taken by the commissioner to improve student performance in
832	832	the district or campus and an evaluation of the results of those
833	833	actions;
834	834	(14) an evaluation of the status of the curriculum
835	835	taught in public schools, with recommendations for legislative
836	836	changes necessary to improve or modify the curriculum required by
837	837	Section 28.002;
838	838	(15) a description of all funds received by and each
839	839	activity and expenditure of the agency;
840	840	(16) a summary and analysis of the instructional
841	841	expenditures ratios and instructional employees ratios of school
842	842	districts computed under Section 44.0071;
843	843	(17) a summary of the effect of deregulation,
844	844	including exemptions and waivers granted under Section 7.056 or
845	845	39.112;
846	846	(18) a statement of the total number and length of
847	847	reports that school districts and school district employees must
848	848	submit to the agency, identifying which reports are required by
849	849	federal statute or rule, state statute, or agency rule, and a
850	850	summary of the agency's efforts to reduce overall reporting
851	851	requirements;
852	852	(19) a list of each school district that is not in
853	853	compliance with state special education requirements, including:
854	854	(A) the period for which the district has not
855	855	been in compliance;
856	856	(B) the manner in which the agency considered the
857	857	district's failure to comply in determining the district's
858	858	accreditation status; and
859	859	(C) an explanation of the actions taken by the
860	860	commissioner to ensure compliance and an evaluation of the results
861	861	of those actions;
862	862	(20) a comparison of the performance of
863	863	open-enrollment charter schools and school districts on the
864	864	academic excellence indicators specified in Section 39.051(b) and
865	865	accountability measures adopted under Section 39.051(g), with a
866	866	separately aggregated comparison of the performance of
867	867	open-enrollment charter schools predominantly serving students at
868	868	risk of dropping out of school, as defined by Section 29.081(d),
869	869	with the performance of school districts;
870	870	(21) a summary of the information required by Section
871	871	38.0141 regarding student health and physical activity from each
872	872	school district;
873	873	(22) a summary compilation of overall student
874	874	performance under the assessment system developed to evaluate the
875	875	longitudinal academic progress as required by Section 39.027(e),
876	876	disaggregated by bilingual education or special language program
877	877	instructional model, if any; and
878	878	(23) any additional information considered important
879	879	by the commissioner or the State Board of Education.
880	880	SECTION 20. Section 42.003(d), Education Code, is amended
881	881	to read as follows:
882	882	(d) Notwithstanding Subsection (a), a student younger than
883	883	five years of age is entitled to the benefits of the Foundation
884	884	School Program if:
885	885	(1) the student performs satisfactorily on the
886	886	benchmark assessment instruments [instrument] administered under
887	887	Section 39.0237(a) [39.023(a)] to students in the third grade; and
888	888	(2) the district has adopted a policy for admitting
889	889	students younger than five years of age.
890	890	SECTION 21. Section 42.152(r), Education Code, is amended
891	891	to read as follows:
892	892	(r) The commissioner shall grant a one-year exemption from
893	893	the requirements of Subsections (q)-(q-4) to a school district in
894	894	which the group of students who have failed to perform
895	895	satisfactorily in the preceding school year on benchmark [an]
896	896	assessment instruments [instrument] required under Section 39.0237
897	897	[39.023(a), (c), or (l)] subsequently performs on those assessment
898	898	instruments at a level that meets or exceeds a level prescribed by
899	899	commissioner rule. Each year the commissioner, based on the most
900	900	recent information available, shall determine if a school district
901	901	is entitled to an exemption for the following school year and notify
902	902	the district of that determination.
903	903	SECTION 22. Section 28.006(c-1), Education Code, is
904	904	repealed.
905	905	SECTION 23. This Act applies beginning with the 2010-2011
906	906	school year.
907	907	SECTION 24. This Act takes effect immediately if it
908	908	receives a vote of two-thirds of all the members elected to each
909	909	house, as provided by Section 39, Article III, Texas Constitution.
910	910	If this Act does not receive the vote necessary for immediate
911	911	effect, this Act takes effect September 1, 2009.