Texas 2009 - 81st Regular

Texas House Bill HB541 Compare Versions

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

Old	New	Differences
1	1	81R288 KKA-D
2	2	By: Raymond H.B. No. 541
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to assessment of public school students receiving special
8	8	education services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28.0211, Education Code, is amended by
11	11	adding Subsection (n) to read as follows:
12	12	(n) This section does not apply to a student who
13	13	participates in a district's special education program under
14	14	Subchapter A, Chapter 29.
15	15	SECTION 2. Sections 39.023(a), (c), (d), (e), and (l),
16	16	Education Code, are amended to read as follows:
17	17	(a) The agency shall adopt or develop appropriate
18	18	criterion-referenced assessment instruments designed to assess
19	19	essential knowledge and skills in reading, writing, mathematics,
20	20	social studies, and science. All students, except students
21	21	assessed under Subsection [(b) or] (l) or exempted under Section
22	22	39.027, shall be assessed in:
23	23	(1) mathematics, annually in grades three through
24	24	seven without the aid of technology and in grade eight with the aid
25	25	of technology on any assessment instrument that includes algebra;
26	26	(2) reading, annually in grades three through eight;
27	27	(3) writing, including spelling and grammar, in grades
28	28	four and seven;
29	29	(4) social studies, in grade eight;
30	30	(5) science, in grades five and eight; and
31	31	(6) any other subject and grade required by federal
32	32	law.
33	33	(c) The agency shall also adopt end-of-course assessment
34	34	instruments for secondary-level courses in Algebra I, Algebra II,
35	35	geometry, biology, chemistry, physics, English I, English II,
36	36	English III, world geography, world history, and United States
37	37	history. The Algebra I, Algebra II, and geometry end-of-course
38	38	assessment instruments must be administered with the aid of
39	39	technology. A school district shall comply with State Board of
40	40	Education rules regarding administration of the assessment
41	41	instruments listed in this subsection and shall adopt a policy that
42	42	requires a student's performance on an end-of-course assessment
43	43	instrument for a course listed in this subsection in which the
44	44	student is enrolled to account for 15 percent of the student's final
45	45	grade for the course. If a student retakes an end-of-course
46	46	assessment instrument for a course listed in this subsection, as
47	47	provided by Section 39.025, a school district is not required to use
48	48	the student's performance on the subsequent administration or
49	49	administrations of the assessment instrument to determine the
50	50	student's final grade for the course. [If a student is in a special
51	51	education program under Subchapter A, Chapter 29, the student's
52	52	admission, review, and dismissal committee shall determine whether
53	53	any allowable modification is necessary in administering to the
54	54	student an assessment instrument required under this subsection or
55	55	whether the student should be exempted under Section
56	56	39.027(a)(2).] The State Board of Education shall administer the
57	57	assessment instruments. The State Board of Education shall adopt a
58	58	schedule for the administration of end-of-course assessment
59	59	instruments that complies with the requirements of Subsection
60	60	(c-3).
61	61	(d) The commissioner may participate in multistate efforts
62	62	to develop voluntary standardized end-of-course assessment
63	63	instruments. The commissioner by rule may require a school
64	64	district to administer an end-of-course assessment instrument
65	65	developed through the multistate efforts. [The admission, review,
66	66	and dismissal committee of a student in a special education program
67	67	under Subchapter A, Chapter 29, shall determine whether any
68	68	allowable modification is necessary in administering to the student
69	69	an end-of-course assessment instrument or whether the student
70	70	should be exempted under Section 39.027(a)(2).]
71	71	(e) Under rules adopted by the State Board of Education,
72	72	every third year, the agency shall release the questions and answer
73	73	keys to each assessment instrument administered under Subsection
74	74	(a), [(b),] (c), (d), or (l) after the last time the instrument is
75	75	administered for that school year. To ensure a valid bank of
76	76	questions for use each year, the agency is not required to release a
77	77	question that is being field-tested and was not used to compute the
78	78	student's score on the instrument. The agency shall also release,
79	79	under board rule, each question that is no longer being
80	80	field-tested and that was not used to compute a student's score.
81	81	(l) The State Board of Education shall adopt rules for the
82	82	administration of the assessment instruments adopted under
83	83	Subsection (a) in Spanish to students in grades three through six
84	84	who are of limited English proficiency, as defined by Section
85	85	29.052, whose primary language is Spanish, and who are not
86	86	otherwise exempt from the administration of an assessment
87	87	instrument under Section 39.027(a)(3) or (4). Each student of
88	88	limited English proficiency whose primary language is Spanish[,
89	89	other than a student to whom Subsection (b) applies,] may be
90	90	assessed using assessment instruments in Spanish under this
91	91	subsection for up to three years or assessment instruments in
92	92	English under Subsection (a). The language proficiency assessment
93	93	committee established under Section 29.063 shall determine which
94	94	students are administered assessment instruments in Spanish under
95	95	this subsection.
96	96	SECTION 3. Section 39.024(a), Education Code, is amended to
97	97	read as follows:
98	98	(a) The [Except as otherwise provided by this subsection,
99	99	the] State Board of Education shall determine the level of
100	100	performance considered to be satisfactory on the assessment
101	101	instruments. [The admission, review, and dismissal committee of a
102	102	student being assessed under Section 39.023(b) shall determine the
103	103	level of performance considered to be satisfactory on the
104	104	assessment instruments administered to that student in accordance
105	105	with criteria established by agency rule.]
106	106	SECTION 4. Section 39.027(a), Education Code, is amended to
107	107	read as follows:
108	108	(a) A student may be exempted from the administration of an
109	109	assessment instrument under:
110	110	(1) Section 39.023(a) [or (b)] if the student is
111	111	eligible for a special education program under Section 29.003 [and
112	112	the student's individualized education program does not include
113	113	instruction in the essential knowledge and skills under Section
114	114	28.002 at any grade level];
115	115	(2) Section 39.023(c) or (d) if the student is
116	116	eligible for a special education program under Section 29.003 [and:
117	117	[(A) the student's individualized education
118	118	program does not include instruction in the essential knowledge and
119	119	skills under Section 28.002 at any grade level; or
120	120	[(B) the assessment instrument, even with
121	121	allowable modifications, would not provide an appropriate measure
122	122	of the student's achievement as determined by the student's
123	123	admission, review, and dismissal committee];
124	124	(3) Section 39.023(a) or (l) for a period of up to one
125	125	year after initial enrollment in a school in the United States if
126	126	the student is of limited English proficiency, as defined by
127	127	Section 29.052, and has not demonstrated proficiency in English as
128	128	determined by the assessment system under Subsection (e); or
129	129	(4) Section 39.023(a) or (l) for a period of up to two
130	130	years in addition to the exemption period authorized by Subdivision
131	131	(3) if the student has received an exemption under Subdivision (3)
132	132	and:
133	133	(A) is a recent unschooled immigrant; or
134	134	(B) is in a grade for which no assessment
135	135	instrument in the primary language of the student is available.
136	136	SECTION 5. Section 39.0302(a), Education Code, is amended
137	137	to read as follows:
138	138	(a) During an agency investigation or audit of a school
139	139	district under Section 39.0301(e) or (f), an accreditation
140	140	investigation under Section 39.075(a)(7) [39.075(a)(8)], or an
141	141	investigation by the State Board for Educator Certification of an
142	142	educator for an alleged violation of an assessment instrument
143	143	security procedure established under Section 39.0301(a), the
144	144	commissioner may issue a subpoena to compel the attendance of a
145	145	relevant witness or the production, for inspection or copying, of
146	146	relevant evidence that is located in this state.
147	147	SECTION 6. Section 39.035(a), Education Code, is amended to
148	148	read as follows:
149	149	(a) Subject to Subsection (b), the agency may conduct field
150	150	testing of questions for any assessment instrument administered
151	151	under Section 39.023(a), [(b),] (c), (d), or (l) that is separate
152	152	from the administration of the assessment instrument not more
153	153	frequently than every other school year.
154	154	SECTION 7. Sections 39.051(b) and (b-1), Education Code,
155	155	are amended to read as follows:
156	156	(b) Performance on the indicators adopted under this
157	157	section shall be compared to state-established standards. The
158	158	degree of change from one school year to the next in performance on
159	159	each indicator adopted under this section shall also be
160	160	considered. The indicators must be based on information that is
161	161	disaggregated by race, ethnicity, gender, and socioeconomic status
162	162	and must include:
163	163	(1) the results of assessment instruments required
164	164	under Sections 39.023(a), (c), and (l), aggregated by grade level
165	165	and subject area;
166	166	(2) dropout rates, including dropout rates and
167	167	district completion rates for grade levels 9 through 12, computed
168	168	in accordance with standards and definitions adopted by the
169	169	National Center for Education Statistics of the United States
170	170	Department of Education;
171	171	(3) high school graduation rates, computed in
172	172	accordance with standards and definitions adopted in compliance
173	173	with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
174	174	(4) student attendance rates;
175	175	(5) the percentage of graduating students who attain
176	176	scores on the questions developed for end-of-course assessment
177	177	instruments under Section 39.0233(a) that are equivalent to a
178	178	passing score on the assessment instrument required under Section
179	179	51.3062;
180	180	(6) the percentage of graduating students who meet the
181	181	course requirements established for the recommended high school
182	182	program by State Board of Education rule;
183	183	(7) the results of the Scholastic Assessment Test
184	184	(SAT), the American College Test (ACT), articulated postsecondary
185	185	degree programs described by Section 61.852, and certified
186	186	workforce training programs described by Chapter 311, Labor Code;
187	187	(8) the percentage of students, aggregated by grade
188	188	level, provided accelerated instruction under Section 28.0211(c),
189	189	the results of assessments administered under that section, the
190	190	percentage of students promoted through the grade placement
191	191	committee process under Section 28.0211, the subject of the
192	192	assessment instrument on which each student failed to perform
193	193	satisfactorily, and the performance of those students in the school
194	194	year following that promotion on the assessment instruments
195	195	required under Section 39.023;
196	196	(9) for students who have failed to perform
197	197	satisfactorily on an assessment instrument required under Section
198	198	39.023(a) or (c), the numerical progress of those students grouped
199	199	by percentage on subsequent assessment instruments required under
200	200	those sections, aggregated by grade level and subject area;
201	201	(10) the percentage of students exempted, by exemption
202	202	category, from the assessment program generally applicable under
203	203	this chapter;
204	204	(11) the percentage of students of limited English
205	205	proficiency exempted from the administration of an assessment
206	206	instrument under Sections 39.027(a)(3) and (4);
207	207	(12) [the percentage of students in a special
208	208	education program under Subchapter A, Chapter 29, assessed through
209	209	assessment instruments developed or adopted under Section
210	210	39.023(b);
211	211	[(13)] the measure of progress toward preparation for
212	212	postsecondary success; and
213	213	(13) [(14)] the measure of progress toward dual
214	214	language proficiency under Section 39.034(b), for students of
215	215	limited English proficiency, as defined by Section 29.052.
216	216	(b-1) Performance on the indicators described by
217	217	Subsections (b)(1), (2), (3), (8), (9), and (13) [(14)] must be
218	218	based on longitudinal student data that is disaggregated by the
219	219	bilingual education or special language program, if any, in which
220	220	students of limited English proficiency, as defined by Section
221	221	29.052, are or former students of limited English proficiency were
222	222	enrolled. If a student described by this subsection is not or was
223	223	not enrolled in specialized language instruction, the number and
224	224	percentage of those students shall be provided.
225	225	SECTION 8. Section 39.075(a), Education Code, is amended to
226	226	read as follows:
227	227	(a) The commissioner shall authorize special accreditation
228	228	investigations to be conducted:
229	229	(1) when excessive numbers of absences of students
230	230	eligible to be tested on state assessment instruments are
231	231	determined;
232	232	(2) when excessive numbers of allowable exemptions
233	233	from the required state assessment instruments are determined;
234	234	(3) in response to complaints submitted to the agency
235	235	with respect to alleged violations of civil rights or other
236	236	requirements imposed on the state by federal law or court order;
237	237	(4) in response to established compliance reviews of
238	238	the district's financial accounting practices and state and federal
239	239	program requirements;
240	240	(5) when extraordinary numbers of student placements
241	241	in disciplinary alternative education programs, other than
242	242	placements under Sections 37.006 and 37.007, are determined;
243	243	(6) in response to an allegation involving a conflict
244	244	between members of the board of trustees or between the board and
245	245	the district administration if it appears that the conflict
246	246	involves a violation of a role or duty of the board members or the
247	247	administration clearly defined by this code;
248	248	(7) [when excessive numbers of students in special
249	249	education programs under Subchapter A, Chapter 29, are assessed
250	250	through assessment instruments developed or adopted under Section
251	251	39.023(b);
252	252	[(8)] in response to an allegation regarding or an
253	253	analysis using a statistical method result indicating a possible
254	254	violation of an assessment instrument security procedure
255	255	established under Section 39.0301, including for the purpose of
256	256	investigating or auditing a school district under that section; or
257	257	(8) [(9)] as the commissioner otherwise determines
258	258	necessary.
259	259	SECTION 9. Section 39.114(b), Education Code, is amended to
260	260	read as follows:
261	261	(b) A school district may use funds allocated under Section
262	262	42.2516(b)(3) on any instructional program in grades six through 12
263	263	other than an athletic program if:
264	264	(1) the district is recognized as exceptional by the
265	265	commissioner under the academic accountability indicator adopted
266	266	under Section 39.051(b)(12) [39.051(b)(13)]; and
267	267	(2) the district's completion rates for grades nine
268	268	through 12 meet or exceed completion rate standards required by the
269	269	commissioner to achieve a rating of exemplary under Section 39.072.
270	270	SECTION 10. Sections 28.0211(i), 28.0213(e), 39.023(b),
271	271	39.027(c), and 39.051(f), Education Code, are repealed.
272	272	SECTION 11. Not later than December 1, 2010, the Texas
273	273	Education Agency shall submit to the legislature a report that:
274	274	(1) identifies the anticipated consequences of
275	275	implementing the changes in law made by this Act regarding
276	276	assessment of students receiving special education services,
277	277	including any consequences arising from requirements imposed by
278	278	federal law regarding assessment of those students; and
279	279	(2) specifies the amount, if any, of federal funds
280	280	that would not be received as a result of implementing those changes
281	281	in law.
282	282	SECTION 12. (a) Except as provided by Subsection (b) of
283	283	this section, this Act takes effect September 1, 2011.
284	284	(b) Section 11 of this Act takes effect September 1, 2010.