H.B. No. 2135
AN ACT
relating to the administration of end-of-course and other
assessment instruments to certain public school students enrolled
below the high school level.
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), to the extent
applicable; and
(4) any other necessary academic information, as
determined by the district.
SECTION 2. Section 28.0211, Education Code, is amended by
adding Subsections (o) and (p) to read as follows:
(o) This section does not require the administration of a
fifth or eighth grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth or eighth
grade, as applicable, if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Section
39.023(a) that aligns with the curriculum for the course in which
the student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Section 39.023(c) for the course.
(p) Notwithstanding any other provision of this section, a
student described by Subsection (o) may not be denied promotion on
the basis of failure to perform satisfactorily on an assessment
instrument not required to be administered to the student in
accordance with that subsection.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-2) 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. Except as provided by Subsection
(a-2), all [All] students, other than [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.
(a-2) A student is not required to be assessed in a subject
otherwise assessed at the student's grade level under Subsection
(a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a)
that aligns with the curriculum for the course in which the student
is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
SECTION 4. Section 39.025, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) Nothing in this section has the effect of prohibiting
the administration of an end-of-course assessment instrument
listed in Section 39.023(c) to a student enrolled below the high
school level who is enrolled in the course for which the assessment
instrument is adopted. The commissioner shall adopt rules
necessary to ensure that the student's performance on the
assessment instrument is considered in the same manner for purposes
of this section as the performance of a student enrolled at the high
school level.
SECTION 5. Section 39.053, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1), the performance of a student enrolled below the high school
level on an assessment instrument required under Section 39.023(c)
is included with results relating to other students enrolled at 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 otherwise
described by this section, the commissioner may award a distinction
designation to a campus with a significant number of students below
grade nine who perform satisfactorily on an end-of-course
assessment instrument administered under Section 39.023(c).
SECTION 7. This Act applies 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2135 was passed by the House on April
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2135 on May 23, 2011, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2135 was passed by the Senate, with
amendments, on May 21, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor