By: Hochberg H.B. No. 2135
A BILL TO BE ENTITLED
AN ACT
relating to certain assessment requirements for public school
students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.021(c), Education Code is amended to
read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course;
(3) the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), as applicable;
and
(4) any other necessary academic information, as
determined by the district.
SECTION 2. Section 28.0211, Education Code, is amended by
adding Subsection (o) to read as follows:
(o) This section does not require a student to be assessed
on a fifth or eighth grade assessment instrument in a subject if the
student is completing a course in the subject for high school credit
and being administered an end-of-course assessment in the subject.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
social studies, and science. All students, except students assessed
under Subsection (a-1), (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.
(a-1) This section does not require a student to be assessed
in a subject under Subsection (a) if the student is:
(1) completing a course in the subject for high school
credit; and
(2) being administered an end-of-course assessment
instrument in the subject.
SECTION 4. Section 39.025, Education Code, is amended by
adding Subsection (h) to read as follows:
(h) Nothing in this section shall prevent a student who is
in a grade level below high school and who is completing a course
for high school credit in a subject from being administered an
end-of-course assessment instrument in the subject. The
commissioner shall make rules to ensure that the student's score is
counted in the manner provided by this section.
SECTION 5. Section 39.053, Education Code, is amended by
adding Subsection (j) to read as follows:
(j) For purposes of Subsection (c)(1), scores are
aggregated across grade levels by subject area regardless of
whether a student in a grade level below high school is completing a
course for high school credit and being administered an
end-of-course assessment instrument in the subject. Such student's
score in the subject area shall be aggregated with the scores of
other students in the same grade level.
SECTION 6. Section 39.203, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) In addition to the distinction designations in this
section, the commissioner may award a distinction designation to a
school that has significant numbers of students performing
satisfactorily on end-of-course assessment instruments.
SECTION 7. The changes in law made by this Act apply
beginning with the 2011-2012 school year.
SECTION 8. 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, 2011.