Texas 2011 - 82nd Regular

Texas House Bill HB500 Compare Versions

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1	1	82R10010 CAS-D
2	2	By: Eissler, Aycock, Guillen, Shelton, H.B. No. 500
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to end-of-course assessment instruments administered to
9	9	public high school students.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 39.023(c), Education Code, is amended to
12	12	read as follows:
13	13	(c) The agency shall also adopt end-of-course assessment
14	14	instruments for secondary-level courses in Algebra I, Algebra II,
15	15	geometry, biology, chemistry, physics, English I, English II,
16	16	English III, world geography, world history, and United States
17	17	history. The Algebra I, Algebra II, and geometry end-of-course
18	18	assessment instruments must be administered with the aid of
19	19	technology. A school district shall comply with State Board of
20	20	Education rules regarding administration of the assessment
21	21	instruments listed in this subsection. A district [and] shall adopt
22	22	a policy addressing whether [that requires] a student's performance
23	23	on an end-of-course assessment instrument for a course listed in
24	24	this subsection in which the student is enrolled will be used by the
25	25	district in determining [to account for 15 percent of] the
26	26	student's final grade for the course and, if so, the manner in which
27	27	the student's performance on an end-of-course assessment
28	28	instrument will be used in determining the student's final grade
29	29	for the course. If a student retakes an end-of-course assessment
30	30	instrument for a course listed in this subsection, as provided by
31	31	Section 39.025, a [school] district shall act in accordance with
32	32	district policy concerning whether [is not required] to use and, if
33	33	so, the manner in which to use the student's performance on the
34	34	subsequent administration or administrations of the assessment
35	35	instrument in determining [to determine] the student's final grade
36	36	for the course. If a student is in a special education program
37	37	under Subchapter A, Chapter 29, the student's admission, review,
38	38	and dismissal committee shall determine whether any allowable
39	39	modification is necessary in administering to the student an
40	40	assessment instrument required under this subsection. The State
41	41	Board of Education shall administer the assessment instruments.
42	42	The State Board of Education shall adopt a schedule for the
43	43	administration of end-of-course assessment instruments that
44	44	complies with the requirements of Subsection (c-3).
45	45	SECTION 2. Section 39.025, Education Code, is amended by
46	46	amending Subsections (a), (a-2), (b), (b-2), (f), and (g) and
47	47	adding Subsection (a-4) to read as follows:
48	48	(a) The commissioner shall adopt rules requiring a student
49	49	participating in the recommended or advanced high school program to
50	50	be administered each end-of-course assessment instrument listed in
51	51	Section 39.023(c) and requiring a student participating in the
52	52	minimum high school program to be administered an end-of-course
53	53	assessment instrument listed in Section 39.023(c) only for a course
54	54	in which the student is enrolled and for which an end-of-course
55	55	assessment instrument is administered. Except as otherwise
56	56	provided by Subsection (a-2), (a-4), or (d), to receive a high
57	57	school diploma a [A] student is required to achieve, in each subject
58	58	in the foundation curriculum under Section 28.002(a)(1), a
59	59	cumulative score that is at least equal to the product of the number
60	60	of end-of-course assessment instruments administered to the
61	61	student in that subject and a scale score that indicates
62	62	satisfactory performance, as determined by the commissioner under
63	63	Section 39.0241(a). A student must achieve a minimum score as
64	64	determined by the commissioner to be within a reasonable range of
65	65	the scale score under Section 39.0241(a) on an end-of-course
66	66	assessment instrument for the score to count towards the student's
67	67	cumulative score. For purposes of this subsection, a student's
68	68	cumulative score is determined using the student's highest score on
69	69	each end-of-course assessment instrument administered to the
70	70	student. For each scale score required under this subsection that
71	71	is not based on a 100-point scale scoring system, the commissioner
72	72	shall provide for conversion, in accordance with commissioner rule,
73	73	of the scale score to an equivalent score based on a 100-point scale
74	74	scoring system. [A student may not receive a high school diploma
75	75	until the student has performed satisfactorily on the end-of-course
76	76	assessment instruments in the manner provided under this
77	77	subsection.] This subsection does not require a student to
78	78	demonstrate readiness to enroll in an institution of higher
79	79	education.
80	80	(a-2) In lieu of satisfying [addition to] the cumulative
81	81	score requirements under Subsection (a), to graduate under the
82	82	recommended high school program, a student must achieve a score
83	83	that meets or exceeds the score determined by the commissioner
84	84	under Section 39.0241(a) on end-of-course assessment instruments
85	85	for the following:
86	86	(1) English III;
87	87	(2) [and] Algebra II;
88	88	(3) biology, chemistry, or physics; and
89	89	(4) world geography, world history, or United States
90	90	history [end-of-course assessment instruments to graduate under
91	91	the recommended high school program].
92	92	(a-4) In lieu of satisfying the cumulative score
93	93	requirements under Subsection (a), to graduate under the minimum
94	94	high school program, a student must achieve a score that meets or
95	95	exceeds the score determined by the commissioner under Section
96	96	39.0241(a) on end-of-course assessment instruments for the
97	97	following:
98	98	(1) English III;
99	99	(2) Algebra I;
100	100	(3) biology, chemistry, or physics; and
101	101	(4) world geography, world history, or United States
102	102	history.
103	103	(b) Each time an end-of-course assessment instrument is
104	104	administered, a student who failed to achieve a minimum score under
105	105	Subsection (a) may [shall] retake the assessment instrument. A
106	106	student who fails to perform satisfactorily on an Algebra II or
107	107	English III end-of-course assessment instrument under the college
108	108	readiness performance standard, as provided under Section
109	109	39.024(b), may retake the assessment instrument. [Any other student
110	110	may retake an end-of-course assessment instrument for any reason.]
111	111	A student is not required to retake a course as a condition of
112	112	retaking an end-of-course assessment instrument.
113	113	(b-2) If a school district determines that a student, on
114	114	completion of grade 11, is unlikely to achieve the cumulative score
115	115	requirements for one or more subjects prescribed by Subsection (a)
116	116	for receiving a high school diploma or to satisfy the alternative
117	117	score requirements under Subsection (a-2) or (a-4), as applicable
118	118	for receiving a high school diploma, the district shall require the
119	119	student to enroll in an appropriate [a corresponding] content-area
120	120	college preparatory course for which an end-of-course assessment
121	121	instrument has been adopted, if available. A student who enrolls in
122	122	a college preparatory course described by this subsection shall be
123	123	administered an end-of-course assessment instrument for the
124	124	course, with the end-of-course assessment instrument scored on a
125	125	scale as determined by the commissioner not to exceed 20 percent of
126	126	the cumulative score requirements required to graduate as
127	127	determined under Subsection (a). A student may use the student's
128	128	score on the end-of-course assessment instrument for the college
129	129	preparatory course towards satisfying the [cumulative] score
130	130	requirements prescribed by this section, as applicable to the
131	131	student [Subsection (a)].
132	132	(f) The commissioner shall by rule adopt a transition plan
133	133	to implement the amendments made by Chapter 1312 (S.B. No. 1031),
134	134	Acts of the 80th Legislature, Regular Session, 2007, replacing
135	135	general subject assessment instruments administered at the high
136	136	school level with end-of-course assessment instruments. The rules
137	137	must provide for the end-of-course assessment instruments adopted
138	138	under Section 39.023(c) to be administered beginning with students
139	139	entering the ninth grade during the 2011-2012 school year. During
140	140	the period under which the transition to end-of-course assessment
141	141	instruments is made:
142	142	(1) for students entering a grade above the ninth
143	143	grade during the 2011-2012 school year and to the extent necessary
144	144	for purposes of Subdivision (5), the commissioner shall retain,
145	145	administer, and use for purposes of accreditation and other campus
146	146	and district accountability measures under this chapter the
147	147	assessment instruments required by Section 39.023(a) or (c), as
148	148	that section existed before amendment by Chapter 1312 (S.B. No.
149	149	1031), Acts of the 80th Legislature, Regular Session, 2007;
150	150	(2) a student subject to Subdivision (1) may not
151	151	receive a high school diploma unless the student has performed
152	152	satisfactorily on each required assessment instrument administered
153	153	under Section 39.023(c) as that section existed before amendment by
154	154	Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
155	155	Session, 2007; [and]
156	156	(3) the agency may defer releasing assessment
157	157	instrument questions and answer keys as required by Section
158	158	39.023(e) to the extent necessary to develop additional assessment
159	159	instruments;
160	160	(4) a student entering ninth grade during the
161	161	2011-2012 or 2012-2013 school year shall be administered each
162	162	end-of-course assessment instrument listed in Section 39.023(c)
163	163	for a course in which the student is enrolled and for which an
164	164	end-of-course assessment instrument is administered;
165	165	(5) a student subject to Subdivision (4) may not
166	166	receive a high school diploma unless the student:
167	167	(A) achieves a score that meets or exceeds the
168	168	score determined by the commissioner under Section 39.0241(a) on
169	169	end-of-course assessment instruments for the following:
170	170	(i) English III;
171	171	(ii) Algebra II;
172	172	(iii) biology, chemistry, or physics; and
173	173	(iv) world geography, world history, or
174	174	United States history; or
175	175	(B) has performed satisfactorily on each
176	176	required assessment instrument administered under Section
177	177	39.023(c), as that section existed before amendment by Chapter 1312
178	178	(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
179	179	2007; and
180	180	(6) a student entering ninth grade during the
181	181	2013-2014 school year or a later school year may not receive a high
182	182	school diploma unless the student has satisfied the requirements of
183	183	Subsection (a), (a-2), (a-3), or (a-4), as applicable to the
184	184	student.
185	185	(g) Rules adopted under Subsection (f) must require that
186	186	each student who will be subject to the requirements of Subsection
187	187	(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the
188	188	specific requirements applicable to the student. Notice under this
189	189	subsection must be provided not later than the date the student
190	190	enters the eighth grade. Subsection (f) and this subsection expire
191	191	September 1, 2017 [2015].
192	192	SECTION 3. (a) A school district policy adopted under
193	193	Section 39.023(c), Education Code, as amended by this Act, applies
194	194	beginning with the 2011-2012 school year.
195	195	(b) Section 39.025(b), Education Code, as amended by this
196	196	Act, applies beginning with the 2011-2012 school year.
197	197	SECTION 4. This Act takes effect immediately if it receives
198	198	a vote of two-thirds of all the members elected to each house, as
199	199	provided by Section 39, Article III, Texas Constitution. If this
200	200	Act does not receive the vote necessary for immediate effect, this
201	201	Act takes effect September 1, 2011.