81R2085 CAE-D
By: Martinez H.B. No. 2880
A BILL TO BE ENTITLED
AN ACT
relating to assessment instruments administered to public school
students in grades three through eight.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.4551(c), Education Code, is amended
to read as follows:
(c) The commissioner by rule shall require a teacher to
attend a reading academy if the teacher provides instruction in
reading, mathematics, science, or social studies to students at the
sixth, seventh, or eighth grade level at a campus that is considered
academically unacceptable under Section 39.132 on the basis of
student performance on the reading benchmark assessment instrument
administered under Section 39.0237(a) [39.023(a)] to students in
any grade level at the campus.
SECTION 2. Sections 28.0211(a), (b), (c), (d), (e), (f),
(g), (i), (k), and (m), Education Code, are amended to read as
follows:
(a) Except as provided by Subsection (b) or (e), a student
may not be promoted to:
(1) the fourth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the third grade reading benchmark assessment
instruments [instrument] under Section 39.0237 or show annual
improvement in student achievement [39.023];
(2) the sixth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading benchmark
assessment instruments under Section 39.0237 or show annual
improvement in student achievement [39.023]; or
(3) the ninth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
benchmark assessment instruments under Section 39.0237 or show
annual improvement in student achievement [39.023].
(b) [A school district shall provide to a student who
initially fails to perform satisfactorily on an assessment
instrument specified under Subsection (a) at least two additional
opportunities to take the assessment instrument.] A school
district may administer [an] alternate assessment instruments
[instrument] to a student who has failed a benchmark [an]
assessment instrument specified under Subsection (a) on [the
previous] two occasions [opportunities]. Notwithstanding any
other provision of this section, a student may be promoted if the
student performs at grade level on [an] alternate assessment
instruments [instrument] under this subsection that are [is]
appropriate for the student's grade level and approved by the
commissioner.
(c) Each time a student fails to perform satisfactorily on a
benchmark [an] assessment instrument specified under Subsection
(a), the school district in which the student attends school shall
provide to the student accelerated instruction in the applicable
subject area, including reading instruction for a student who fails
to perform satisfactorily on a reading benchmark assessment
instrument. After a student fails to perform satisfactorily on a
benchmark [an] assessment instrument a second time, a grade
placement committee shall be established to prescribe the
accelerated instruction the district shall provide to the student
before the student is administered the benchmark assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of a
benchmark [an] assessment instrument on which the student failed to
perform satisfactorily. The district shall notify the parent or
guardian of the time and place for convening the grade placement
committee and the purpose of the committee. An accelerated
instruction group administered by a school district under this
section may not have a ratio of more than 10 students for each
teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (c), the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
a benchmark [the] assessment instrument;
(2) the accelerated instruction program to which the
student is assigned; and
(3) the possibility that the student might be retained
at the same grade level for the next school year.
(e) A student who does not[, after at least three attempts,
fails to] perform satisfactorily on each benchmark [an] assessment
instrument in each subject specified under Subsection (a) may
[shall] be retained at the same grade level for the next school year
in accordance with Subsection (a) if the student has not shown
annual improvement or progress. The student's parent or guardian
may appeal the student's retention by submitting a request to the
grade placement committee established under Subsection (c). The
school district shall give the parent or guardian written notice of
the opportunity to appeal. The grade placement committee may
decide in favor of a student's promotion only if the committee
concludes, using standards adopted by the board of trustees, that
if promoted and given accelerated instruction, the student is
likely to perform at grade level. A student may not be promoted on
the basis of the grade placement committee's decision unless that
decision is unanimous. The commissioner by rule shall establish a
time line for making the placement determination. This subsection
does not create a property interest in promotion. The decision of
the grade placement committee is final and may not be appealed.
(f) A school district shall provide to a student who[, after
three attempts,] has failed to perform satisfactorily on at least
two benchmark [an] assessment instruments in a subject [instrument]
specified under Subsection (a) accelerated instruction in that
subject during the next school year as prescribed by an educational
plan developed for the student by the student's grade placement
committee established under Subsection (c). The district shall
provide that accelerated instruction regardless of whether the
student has been promoted or retained. The educational plan must be
designed to enable the student to perform at the appropriate grade
level by the conclusion of the school year. During the school year,
the student shall be monitored to ensure that the student is
progressing in accordance with the plan. [The district shall
administer to the student the assessment instrument for the grade
level in which the student is placed at the time the district
regularly administers the assessment instruments for that school
year.]
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on benchmark [an] assessment
instruments [instrument] specified under Subsection (a).
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter B, Chapter 29, and who does not perform
satisfactorily on benchmark [an] assessment instruments
[instrument] specified under Subsection (a) and administered under
Section 39.0237(a) or (b) [39.023(a) or (b)] shall determine:
(1) the manner in which the student will participate
in an accelerated instruction program under this section; and
(2) whether the student will be promoted or retained
under this section.
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules concerning when school
districts shall administer benchmark assessment instruments
required under this section and which administration of the
benchmark assessment instruments will be used for purposes of
Section 39.051.
(m) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section. A determination by the commissioner is final and
may not be appealed. For purposes of certification, the
commissioner may not consider Foundation School Program
funds. This section may be implemented only if the commissioner
certifies that sufficient funds have been appropriated during a
school year for administering the benchmark [accelerated]
instruction programs specified under this section, including
teacher training for that purpose.
SECTION 3. Section 28.0213(e), Education Code, is amended
to read as follows:
(e) For a student in a special education program under
Subchapter A, Chapter 29, who does not perform satisfactorily on an
assessment instrument administered under Section 39.023(a), (b),
or (c) or benchmark assessment instruments administered under
Section 39.0237, the student's admission, review, and dismissal
committee shall design the program to:
(1) enable the student to attain a standard of annual
growth on the basis of the student's individualized education
program; and
(2) if applicable, carry out the purposes of Section
28.0211.
SECTION 4. Section 29.056(g), Education Code, is amended to
read as follows:
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program for the first time or a subsequent time if the student is
able to participate equally in a regular all-English instructional
program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in English;
(2) satisfactory performance on the reading
assessment instrument under Section 39.023(a), the reading
benchmark assessment instruments under Section 39.0237, or an
English language arts assessment instrument under Section
39.023(c), as applicable, with the assessment instrument
administered in English, or, if the student is enrolled in the first
or second grade, an achievement score at or above the 40th
percentile in the reading and language arts sections of an English
standardized test approved by the agency; and
(3) agency-approved criterion-referenced tests and
the results of a subjective teacher evaluation.
SECTION 5. Section 29.0561(b), Education Code, is amended
to read as follows:
(b) During the first two school years after a student is
transferred out of a bilingual education or special language
program under Section 29.056(g), the language proficiency
assessment committee shall review the student's performance and
consider:
(1) the total amount of time the student was enrolled
in a bilingual education or special language program;
(2) the student's grades each grading period in each
subject in the foundation curriculum under Section 28.002(a)(1);
(3) the student's performance on each assessment
instrument administered under Section 39.023(a) or (c) or benchmark
assessment instruments administered under Section 39.0237(a);
(4) the number of credits the student has earned
toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student
under Subchapter A, Chapter 37.
SECTION 6. Section 30A.110(b), Education Code, is amended
to read as follows:
(b) Each student enrolled under this chapter in an
electronic course offered through the state virtual school network
must take any assessment instrument under Section 39.023 and any
benchmark assessment instruments under Section 39.0237 that are
[is] administered to students who are provided instruction in the
course material in the traditional classroom setting. The
administration of the assessment instrument or benchmark
assessment instruments to the student enrolled in the electronic
course must be supervised by a proctor.
SECTION 7. Section 37.008(m), Education Code, is amended to
read as follows:
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner, but must include student
performance on assessment instruments required under Sections
39.023(a) and (c) and benchmark assessment instruments required
under Section 39.0237(a). Academically, the mission of
disciplinary alternative education programs shall be to enable
students to perform at grade level.
SECTION 8. Sections 39.023(a), (b), (c-3), (h), and (i),
Education Code, are amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess a
student's essential knowledge and skills in reading, writing,
mathematics, social studies, and science. The assessment
instrument administered under this subsection is a diagnostic
examination administered during the first six weeks of the school
year and may be used by the district only to identify the academic
strengths and weaknesses of each student. All students, except
students assessed under Subsection (b) or (l) or exempted under
Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
seven without the aid of technology and in grade eight with the aid
of technology on any assessment instrument that includes algebra;
(2) reading, annually in grades three through eight;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) social studies, in grade eight;
(5) science, in grades five and eight; and
(6) any other subject and grade required by federal
law.
(b) The agency shall develop or adopt appropriate
criterion-referenced assessment instruments to be administered to
each student in a special education program under Subchapter A,
Chapter 29, who receives modified instruction in the essential
knowledge and skills identified under Section 28.002 for the
assessed subject but for whom an assessment instrument adopted
under Subsection (a), even with allowable modifications, would not
provide an appropriate measure of student achievement, as
determined by the student's admission, review, and dismissal
committee. The assessment instrument administered under this
subsection is a diagnostic examination administered during the
first six weeks of the school year and may be used by the district
only to identify the academic strengths and weaknesses of each
student. The assessment instruments required under this subsection
must assess essential knowledge and skills and growth in the
subjects of reading, mathematics, and writing. A student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection.
The assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a).
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, the State Board of
Education shall require[:
[(1) assessment instruments administered under
Subsection (a) to be administered on a schedule so that the first
assessment instrument is administered at least two weeks later than
the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year; and
[(2)] the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I, English II, and English III must be
permitted to occur at an earlier date.
(h) The agency shall notify school districts and campuses of
the results of assessment instruments administered under this
section at the earliest possible date determined by the State Board
of Education [but not later than the beginning of the subsequent
school year].
(i) The provisions of this section, except Subsections (a),
(b), and [Subsection] (d), are subject to modification by rules
adopted under Section 39.022. Each assessment instrument adopted
under those rules and each assessment instrument required under
Subsection (d) must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
SECTION 9. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.0236 and 39.0237 to read as follows:
Sec. 39.0236. REGIONAL EDUCATION SERVICE CENTER BENCHMARK
ASSESSMENT INSTRUMENT COMMITTEE. (a) Each regional education
service center shall appoint one person to serve on the benchmark
assessment instrument committee. The committee shall adopt or
develop appropriate benchmark assessment instruments designed to
assess knowledge and skills in reading, writing, mathematics,
social studies, and science in grades three through eight.
(b) School districts shall provide assistance to the
committee as requested in developing and administering the
benchmark assessment instruments.
(c) The committee shall review each benchmark assessment
instrument every two years.
(d) The committee shall develop benchmark assessment
instruments in a manner that allows for the measurement of annual
improvement in student achievement as required by Sections
39.034(c) and (d).
(e) The benchmark assessment instruments shall be designed
to include assessment of a student's problem-solving ability and
complex-thinking skills using a method of assessing those abilities
and skills that is demonstrated to be highly reliable.
(f) The committee shall release the questions and answer
keys to each benchmark assessment instrument administered under
Subsection (a) not later than the second anniversary of the date the
instrument is administered.
Sec. 39.0237. BENCHMARK ASSESSMENT INSTRUMENT. (a) Every
six weeks, all students other than students assessed under
Subsection (b) or (c) or exempted under Section 39.027 shall be
administered the benchmark assessment instruments developed by the
regional education service center benchmark assessment instrument
committee in:
(1) mathematics, in grades three through seven without
the aid of technology and in grade eight with the aid of technology
on any benchmark assessment instrument that includes algebra;
(2) reading, in grades three through eight;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) social studies, in grade eight; and
(5) science, in grades five and eight.
(b) The benchmark assessment instrument committee shall
develop or adopt appropriate benchmark assessment instruments to be
administered to each student in a special education program under
Subchapter A, Chapter 29, who receives modified instruction in the
essential knowledge and skills identified under Section 28.002 for
the assessed subject but for whom a benchmark assessment instrument
adopted under Section 39.0236(a), even with allowable
modifications, would not provide an appropriate measure of student
achievement, as determined by the student's admission, review, and
dismissal committee. The benchmark assessment instruments
required under this subsection must assess essential knowledge and
skills and growth in the subjects of reading, mathematics, and
writing. A student's admission, review, and dismissal committee
shall determine whether any allowable modification is necessary in
administering to the student a benchmark assessment instrument
required under this subsection. The benchmark assessment
instruments required under this subsection shall be administered on
the same schedule as the benchmark assessment instruments
administered under Subsection (a).
(c) The benchmark assessment instrument committee shall
adopt rules for the administration of the benchmark assessment
instruments adopted under Section 39.0236(a) in Spanish to students
in grades three through eight who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish. Each student of limited English proficiency whose
primary language is Spanish, other than a student to whom
Subsection (b) applies, may be assessed using benchmark assessment
instruments in Spanish under this subsection for up to three years
or benchmark instruments in English under Subsection (a). The
language proficiency assessment committee established under
Section 29.063 shall determine which students are administered
benchmark assessment instruments in Spanish under this subsection.
(d) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the benchmark assessment instruments under
Sections 39.027(a)(6) and (7). The rules adopted under this
subsection shall ensure that the language proficiency assessment
committee provides that the exempted students are administered the
benchmark assessment instruments under Subsection (a) at the
earliest practical date.
(e) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20). The
benchmark assessment instrument committee shall adopt or develop
appropriate benchmark assessment instruments designed to assess
the ability of and to be administered to each student to whom this
subsection applies for whom the benchmark assessment instruments
adopted under Section 39.0236(a), even with allowable
modifications, would not provide an appropriate measure of student
achievement, as determined by the committee established by the
board of trustees of the district to determine the placement of
students with dyslexia or related disorders. The placement
committee shall determine whether any allowable modification is
necessary in administering to a student a benchmark assessment
instrument required under this subsection. The benchmark
assessment instruments required under this subsection shall be
administered on the same schedule as the benchmark assessment
instruments administered under Subsection (a).
(f) A student is considered to have met the standards for
advancement if the student passes each benchmark assessment
instrument or the student shows annual improvement in student
achievement to meet the grade level requirements. A student must
have attended school at least 150 days to meet the grade level
requirements.
SECTION 10. Section 39.026, Education Code, is amended to
read as follows:
Sec. 39.026. LOCAL OPTION. In addition to the assessment
instruments adopted by the agency and administered by the State
Board of Education and the benchmark assessment instruments
administered under Section 39.0237, a school district may adopt and
administer criterion-referenced or norm-referenced assessment
instruments, or both, at any grade level. A norm-referenced
assessment instrument adopted under this section must be
economical, nationally recognized, and state-approved.
SECTION 11. Section 39.0262(a), Education Code, is amended
to read as follows:
(a) In a subject area for which assessment instruments are
administered under Section 39.023 or benchmark assessment
instruments are administered under Section 39.0237, a school
district may not administer district-required assessment
instruments to any student on more than 10 percent of the
instructional days in any school year.
SECTION 12. Sections 39.027(a), (b), (c), (e), and (g),
Education Code, are amended to read as follows:
(a) A student may be exempted from the administration of an
assessment or benchmark assessment instrument under:
(1) Section 39.023(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level;
(2) Section 39.023(c) or (d) if the student is
eligible for a special education program under Section 29.003 and:
(A) the student's individualized education
program does not include instruction in the essential knowledge and
skills under Section 28.002 at any grade level; or
(B) the assessment instrument, even with
allowable modifications, would not provide an appropriate measure
of the student's achievement as determined by the student's
admission, review, and dismissal committee;
(3) Section 39.023(a) or (l) for a period of up to one
year after initial enrollment in a school in the United States if
the student is of limited English proficiency, as defined by
Section 29.052, and has not demonstrated proficiency in English as
determined by the assessment system under Subsection (e); or
(4) Section 39.023(a) or (l) for a period of up to two
years in addition to the exemption period authorized by Subdivision
(3) if the student has received an exemption under Subdivision (3)
and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no assessment
instrument in the primary language of the student is available;
(5) Section 39.0237(a) or (b) if the student is
eligible for a special education program under Section 29.003 and
the student's individualized education program does not include
instruction in the essential knowledge and skills under Section
28.002 at any grade level; or
(6) Section 39.0237(a) or (c) for a period of up to one
year after initial enrollment in a school in the United States if
the student is of limited English proficiency, as defined by
Section 29.052, and has not demonstrated proficiency in English as
determined by the assessment system under Subsection (e); or
(7) Section 39.0237(a) or (c) for a period of up to two
years in addition to the exemption period authorized by Subdivision
(6) if the student has received an exemption under Subdivision (6)
and:
(A) is a recent unschooled immigrant; or
(B) is in a grade for which no benchmark
assessment instruments in the primary language of the student are
available.
(b) The State Board of Education shall adopt rules under
which a dyslexic student who is not exempt under Subsection (a) may
use procedures including oral examinations if appropriate or may be
allowed additional time or the materials or technology necessary
for the student to demonstrate the student's mastery of the
competencies the assessment instruments or benchmark assessment
instruments are designed to measure.
(c) The commissioner shall develop and adopt a process for
reviewing the exemption process of a school district or shared
services arrangement that gives an exemption under Subsection
(a)(1) or (a)(5) as follows:
(1) to more than five percent of the students in the
special education program, in the case of a district or shared
services arrangement with an average daily attendance of at least
1,600;
(2) to more than 10 percent of the students in the
special education program, in the case of a district or shared
services arrangement with an average daily attendance of at least
190 and not more than 1,599; or
(3) to the greater of more than 10 percent of the
students in the special education program or to at least five
students in the special education program, in the case of a district
or shared services arrangement with an average daily attendance of
not more than 189.
(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), (6), or (7) 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) and
benchmark assessment instruments described by Section 39.0237(a)
or (c). The performance under the assessment system developed
under this subsection of students to whom Subsection (a)(3), [or]
(4), (6), or (7) 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.
(g) For purposes of this section, "recent unschooled
immigrant" means an immigrant who initially enrolled in a school in
the United States not more than 12 months before the date of the
administration of an assessment instrument under Section 39.023(a)
or (l) or a benchmark assessment instrument under Section
39.0237(a) or (c) and who, as a result of inadequate schooling
outside of the United States, lacks the necessary foundation in the
essential knowledge and skills of the curriculum prescribed under
Section 28.002 as determined by the language proficiency assessment
committee established under Section 29.063. For purposes of this
subsection and to the extent authorized by federal law, a child's
prior enrollment in a school in the United States shall be
determined on the basis of documents and records required under
Section 25.002(a).
SECTION 13. Sections 39.034(a), (c), (e), and (g),
Education Code, are amended to read as follows:
(a) The commissioner shall determine a method by which the
agency may measure annual improvement in student achievement from
one school year to the next on an assessment instrument required
under this subchapter for students in grades nine and above and on
benchmark assessment instruments for students in grades three
through eight. A student in grades three through eight is
considered to have made adequate annual improvement if the student
shows annual improvement regardless of the student's performance on
benchmark assessment instruments.
(c) The agency shall use a student's previous years'
performance data on an assessment instrument or benchmark
assessment instrument required under this subchapter to determine
the student's expected annual improvement. The agency shall
report that expected level of annual improvement and the actual
level of annual improvement achieved to the district. The report
must state whether the student fell below, met, or exceeded the
agency's expectation for improvement.
(e) The agency shall report to each school district the
comparisons made under this section. Each school district shall
provide the comparisons to each teacher for all students who were:
(1) assessed on an assessment instrument or benchmark
assessment instrument; and
(2) taught by that teacher in the subject for which the
assessment instrument or benchmark assessment instrument was
administered.
(g) To the extent practicable, the agency shall combine the
report of the comparisons required under this section with the
report of the student's performance on assessment instruments
administered under Section 39.023 and benchmark assessment
instruments administered under Section 39.0237.
SECTION 14. Section 39.051, Education Code, is amended by
amending Subsections (b), (d), (f), and (g) and adding Subsection
(b-2) to read as follows:
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be
considered. The indicators must be based on information that is
disaggregated by [race,] ethnicity, gender, and socioeconomic
status and must include:
(1) the results of assessment instruments required
under Section 39.023(c) [Sections 39.023(a), (c),] and benchmark
assessment instruments required under Section 39.0237 [(l)],
aggregated by grade level and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the questions developed for end-of-course assessment
instruments under Section 39.0233(a) that are equivalent to a
passing score on the assessment instrument required under Section
51.3062;
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of benchmark assessment instruments [assessments]
administered under that section, the percentage of students
promoted through the grade placement committee process under
Section 28.0211, the subject of the benchmark assessment instrument
on which each student failed to perform satisfactorily, and the
performance of those students in the school year following that
promotion on the assessment instruments required under Section
39.023 and benchmark assessment instruments required under Section
39.0237;
(9) for students who have failed to perform
satisfactorily on benchmark [an] assessment instruments
[instrument] required under Section 39.0237(a) or an assessment
instrument required under Section 39.023(c) [39.023(a) or (c)], the
numerical progress of those students grouped by percentage on
subsequent assessment instruments required under those sections,
aggregated by grade level and subject area;
(10) the percentage of students exempted, by exemption
category, from the assessment programs [program] generally
applicable under this chapter;
(11) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument or benchmark assessment instrument under Sections
39.027(a)(3), [and] (4), (6), and (7);
(12) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through benchmark
assessment instruments developed or adopted under Section
39.0237(b) [39.023(b)];
(13) the measure of progress toward preparation for
postsecondary success; and
(14) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052.
(b-2) Notwithstanding Subsection (b)(2), in determining
dropout rates and district completion rates under that subsection
for grade levels 9 through 12 for purposes of the state
accountability system under this chapter, a student who has
obtained a high school equivalency certificate (GED) or completed
four years of high school is considered to have completed school and
is not considered to have dropped out of school.
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (7)
and shall project the standards for each of those levels of
performance for succeeding years. For the indicator under
Subsection (b)(8), the commissioner shall define exemplary,
recognized, and unacceptable performance based on student
performance for the period covering both the current and preceding
academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (4), the commissioner may not consider as a dropout or as
a student who has failed to attend school a student:
(1) who has obtained a high school equivalency
certificate (GED) or attended four years of high school; or
(2) whose failure to attend school results from:
(A) [(1)] the student's expulsion under Section
37.007; and
(B) [(2)] as applicable:
(i) [(A)] adjudication as having engaged in
delinquent conduct or conduct indicating a need for supervision, as
defined by Section 51.03, Family Code; or
(ii) [(B)] conviction of and sentencing for
an offense under the Penal Code.
(f) The indicator under Subsection (b)(1) must include the
results of benchmark assessment instruments required under Section
39.0237(b) [39.023(b)].
(g) The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily in the preceding school year on
benchmark [an] assessment instruments [instrument] required under
Section 39.0237 [39.023(a), (c), or (l)].
SECTION 15. Section 39.072(c), Education Code, is amended
to read as follows:
(c) The agency shall evaluate against state standards and
shall, not later than August 1 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (8). Consideration of
the effectiveness of district programs under Subsection (b)(2) or
(3) must be based on data collected through the Public Education
Information Management System for purposes of accountability under
this chapter and include the results of assessment instruments
[assessments] required under Section 39.023 or benchmark
assessment instruments required under Section 39.0237.
SECTION 16. Section 39.073(e), Education Code, is amended
to read as follows:
(e) In determining a district's accreditation rating, the
agency shall consider:
(1) the district's current special education
compliance status with the agency; and
(2) the progress of students who have failed to
perform satisfactorily in the preceding school year on benchmark
[an] assessment instruments [instrument] required under Section
39.0237 [39.023(a), (c), or (l)].
SECTION 17. Section 39.075(a), Education Code, is amended
to read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through benchmark assessment instruments developed or adopted
under Section 39.0237(b) [39.023(b)];
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section; or
(9) as the commissioner otherwise determines
necessary.
SECTION 18. Section 39.1324(b), Education Code, is amended
to read as follows:
(b) The campus intervention team shall decide which
educators may be retained at that campus. A principal who has been
employed by the campus in that capacity during the full two-year
period described by Subsection (a) may not be retained at that
campus. A teacher of a subject assessed by an assessment
instrument under Section 39.023 or a benchmark assessment
instrument under Section 39.0237 may be retained only if the campus
intervention team determines that a pattern exists of significant
academic improvement by students taught by the teacher. If an
educator is not retained, the educator may be assigned to another
position in the district.
SECTION 19. Section 39.182(a), Education Code, is amended
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 or benchmark assessment instruments required by
Section 39.0237 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 or benchmark assessment
instruments required by Section 39.0237 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 or benchmark assessment instruments required by
Section 39.0237 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 or benchmark assessment
instruments required by Section 39.0237;
(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
benchmark assessment instruments required under Section 39.0237(a)
[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
benchmark assessment instruments required under Section 39.0237(a)
[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;
(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.
SECTION 20. Section 42.003(d), Education Code, is amended
to read as follows:
(d) Notwithstanding Subsection (a), a student younger than
five years of age is entitled to the benefits of the Foundation
School Program if:
(1) the student performs satisfactorily on the
benchmark assessment instruments [instrument] administered under
Section 39.0237(a) [39.023(a)] to students in the third grade; and
(2) the district has adopted a policy for admitting
students younger than five years of age.
SECTION 21. Section 42.152(r), Education Code, is amended
to read as follows:
(r) The commissioner shall grant a one-year exemption from
the requirements of Subsections (q)-(q-4) to a school district in
which the group of students who have failed to perform
satisfactorily in the preceding school year on benchmark [an]
assessment instruments [instrument] required under Section 39.0237
[39.023(a), (c), or (l)] subsequently performs on those assessment
instruments at a level that meets or exceeds a level prescribed by
commissioner rule. Each year the commissioner, based on the most
recent information available, shall determine if a school district
is entitled to an exemption for the following school year and notify
the district of that determination.
SECTION 22. Section 28.006(c-1), Education Code, is
repealed.
SECTION 23. This Act applies beginning with the 2010-2011
school year.
SECTION 24. 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, 2009.