By: Patrick H.B. No. 640
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability and end-of-course
assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.014(c) and (f), Education Code, are
amended to read as follows:
(c) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall adopt an end-of-course
assessment instrument for each course developed under this section
to ensure the rigor of the course. A school district shall, in
accordance with State Board of Education rules, administer the
end-of-course assessment instrument to a student enrolled in a
course developed under this section. [Each school district shall
adopt a policy that requires a student's performance on the
end-of-course assessment instrument to account for 15 percent of
the student's final grade for the course.] A student's performance
on an end-of-course assessment instrument administered under this
subsection may be used[, on a scale of 0-40,] in determining
[calculating] whether the student satisfies the graduation
requirements established under Section 39.025.
(f) To the extent applicable, the commissioner shall draw
from curricula and instructional materials developed under Section
[Sections] 28.008 [and 61.0763] in developing a course and related
instructional materials under this section. Not later than
September 1, 2010, the State Board of Education shall adopt
essential knowledge and skills for each course developed under this
section. The State Board of Education shall make each course
developed under this section and the related instructional
materials available to school districts not later than the
2014-2015 school year. [As required by Subsection (c), a school
district shall adopt a policy requiring a student's performance on
an end-of-course assessment instrument administered under that
subsection to account for 15 percent of the student's grade for a
course developed under this section not later than the 2014-2015
school year.] This subsection expires September 1, 2015.
SECTION 2. Section 28.025(b-2), (b-3), (b-4) and (b-5),
Education Code, are amended to read as follows:
(b-1) The State Board of Education by rule shall require
that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the recommended and advanced high
school programs under Subsection (a) include a requirement that
students successfully complete:
(A) four credits in each subject of the
foundation curriculum under Section 28.002(a)(1), including at
least one-half credit in government and at least one-half credit in
economics to meet the social studies requirement;
(B) for the recommended high school program, two
credits in the same language in a language other than English under
Section 28.002(a)(2)(A) and, for the advanced high school program,
three credits in the same language in a language other than English
under Section 28.002(a)(2)(A); and
(C) for the recommended high school program, six
elective credits and, for the advanced high school program, five
elective credits;
(2) one or more credits offered in the required
curriculum for the recommended and advanced high school programs
include a research writing component; and
(3) the curriculum requirements for the minimum,
recommended, and advanced high school programs under Subsection (a)
include a requirement that students successfully complete:
(A) one credit in fine arts under Section
28.002(a)(2)(D); and
(B) except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(C).
(b-2) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student to comply with the
curriculum requirements for a mathematics course under Subsection
(b-1)(1) taken after the successful completion of Algebra I. and
geometry and either after the successful completion of or
concurrently with Algebra II or a science course under Subsection
(b-1)(1) taken after the successful completion of biology and
chemistry and either after the successful completion of or
concurrently with physics by successfully completing an advanced
career and technical course designated by the State Board of
Education as containing substantively similar and rigorous
academic content. A student may use the option provided by this
subsection for not more than two courses.
(b-3) In adopting rules to provide students with the option
described by Subsection (b-1)(1)(A), the State Board of Education
must approve a variety of mathematics and science courses that may
be taken after the completion of Algebra I II and physics to comply
with the recommended program requirements.
(b-4) A school district may offer the curriculum described
in Subsection (b-1)(1)(A) in an applied manner. Courses delivered
in an applied manner must cover the essential knowledge and skills,
and the student shall be administered the applicable end-of-course
assessment instrument as provided by Sections 39.023(c) and 39.025.
(b-5) A school district may offer a mathematics or science
course to be taken by a student after completion of Algebra II and
physics to comply with the recommended program requirements in
Subsection (b-1)(1)(A). A course approved under this subsection
must be endorsed by an institution of higher education as a course
for which the institution would award course credit or as a
prerequisite for a course for which the institution would award
course credit.
SECTION 3. Sections 39.023(c), (c-3), and (o), Education
Code, are amended to read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, and [Algebra
II, geometry, biology, chemistry, physics, English I, English II,]
English III, [world geography, world history, and United States
history]. The Algebra I[, Algebra II, and geometry] end-of-course
assessment instrument [instruments] must be administered with the
aid of technology. A school district shall comply with State Board
of Education rules regarding administration of the assessment
instruments listed in this subsection [and shall adopt a policy
that requires a student's performance on an end-of-course
assessment instrument for a course listed in this subsection in
which the student is enrolled to account for 15 percent of the
student's final grade for the course. If a student retakes an
end-of-course assessment instrument for a course listed in this
subsection, as provided by Section 39.025, a school district is not
required to use the student's performance on the subsequent
administration or administrations of the assessment instrument to
determine the student's final grade for the course]. If a student
is in a special education program under Subchapter A, Chapter 29,
the 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 State Board of Education shall
administer the assessment instruments. The State Board of
Education shall adopt a schedule for the administration of
end-of-course assessment instruments that complies with the
requirements of Subsection (c-3).
(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
instrument [instruments] in [English I, English II, and] English
III must be permitted to occur at an earlier date.
(o) In accordance with rules adopted by the [The]
commissioner, a student may [of education and the commissioner of
higher education shall study the feasibility of allowing students
to] satisfy end-of-course requirements under Subsection (c)
partially or completely by successfully completing one or more [a]
dual credit courses [course] through an institution of higher
education. [Not later than December 1, 2010, the commissioner of
education and the commissioner of higher education shall make
recommendations to the legislature based on the study conducted
under this subsection.]
SECTION 4. Section 39.0232, Education Code, is amended to
read as follows:
Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS
PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. (a) To the extent
practicable, the agency shall ensure that any high school
end-of-course assessment instrument developed by the agency is
developed in such a manner that the assessment instrument may be
used to determine the appropriate placement of a student in a course
of the same subject matter at an institution of higher education.
(b) A student's performance on an end-of-course assessment
instrument may not be used:
(1) in determining the student's class ranking for any
purpose, including entitlement to automatic college admission
under Section 51.803 or 51.804; or
(2) as a sole criteria in the determination of whether
to admit the student to a general academic teaching institution in
this state.
(c) Subsection (b)(2) does not prohibit a general academic
teaching institution from implementing an admission policy that
takes into consideration a student's performance on an
end-of-course assessment instrument in addition to other criteria.
(d) In this section, "general academic teaching
institution" has the meaning assigned by Section 61.003.
SECTION 5. Sections 39.024(b), (c), and (e), Education
Code, are amended to read as follows:
(b) The agency and the Texas Higher Education Coordinating
Board shall ensure that the Algebra I [II] and English III
end-of-course assessment instruments required under Section
39.023(c) are developed to be capable of, beginning with the
2013-2014 [2011-2012] school year, measuring college readiness.
(c) Before the beginning of the 2013-2014 [2011-2012]
school year, the agency, in collaboration with the Texas Higher
Education Coordinating Board, shall gather data and conduct
research studies to substantiate the correlation between a certain
level of performance by students on the Algebra I [II] and English
III end-of-course assessment instruments and college readiness.
(e) Based on the results of the studies conducted under
Subsection (c), the commissioner of education and the commissioner
of higher education shall establish student performance standards
for the Algebra I [II] and English III end-of-course assessment
instruments indicating that students have attained college
readiness.
SECTION 6. Section 39.0241(a-2), Education Code, is amended
to read as follows:
(a-2) For the purpose of establishing performance across
grade levels, the commissioner shall establish:
(1) the performance standards for the Algebra I [II]
and English III end-of-course assessment instruments, as provided
under Section 39.024(b) and under Subsection (a);
(2) [the performance standards for the Algebra I and
English II end-of-course assessment instruments, as determined
based on studies under Section 39.0242 that correlate student
performance on the Algebra I and English II end-of-course
assessment instruments with student performance on the Algebra II
and English III assessment instruments;
[(3) the performance standards for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
[(4)] the performance standards for the grade eight
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
eight assessment instruments with student performance on the
Algebra I and English III [I] end-of-course assessment instruments
in the same content area; and
(3) [(5)] the performance standards on the assessment
instruments in each of grades three through seven, as determined
based on studies under Section 39.0242 that correlate student
performance in the same content area on the assessment instrument
for each grade with student performance on the assessment
instrument in the succeeding grade.
SECTION 7. Section 39.0242(b), Education Code, is amended
to read as follows:
(b) Before the beginning of the 2013-2014 [2011-2012]
school year, the agency shall analyze the data collected under
Subsection (a) to substantiate:
(1) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade three, four, five, six, or seven assessment instruments
with satisfactory performance under the same performance standard
on the assessment instruments in the same content area for the next
grade level; and
(2) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade eight assessment instruments with satisfactory
performance under the same performance standard on the Algebra I
and English III [I] end-of-course assessment instruments in the
same content area[;
[(3) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English II end-of-course assessment instrument;
[(4) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English II end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English III end-of-course assessment instrument; and
[(5) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the Algebra I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
Algebra II end-of-course assessment instrument].
SECTION 8. Sections 39.025(a), (a-1), (a-2), (a-3), (b),
and (b-2), Education Code, are amended to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in any [the recommended or advanced] high school
program to be administered each end-of-course assessment
instrument listed in Section 39.023(c) [and requiring a student
participating in the minimum high school program to be administered
an end-of-course assessment instrument listed in Section 39.023(c)
only for a course in which the student is enrolled and for which an
end-of-course assessment instrument is administered. A student is
required to achieve, in each subject in the foundation curriculum
under Section 28.002(a)(1), a cumulative score that is at least
equal to the product of the number of end-of-course assessment
instruments administered to the student in that subject and a scale
score that indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student] unless they satisfy Section
39.025(a-1) requirements. A student may not receive a high school
diploma until the student has performed satisfactorily on the
end-of-course assessment instruments, as determined by the
commissioner under Section 39.0241(a) [in the manner provided under
this subsection]. This subsection does not require a student to
demonstrate readiness to enroll in an institution of higher
education.
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test of a score of 2 or greater, international baccalaureate
examination that satisfies College Readiness Benchmarks or the
equivalent, the Scholastic Assessment Test (SAT)that satisfies
College Readiness Benchmarks or the equivalent, an SAT Subject-test
that satisfies College Readiness Benchmarks or the equivalent; the
American College Test (ACT) that satisfies College Readiness
Benchmarks or the equivalent, an assessment instrument designated
under Section 51.3062, or another assessment instrument determined
by the commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
to satisfy [as a factor in determining whether the student
satisfies] the requirements of Subsection (a)[, including the
cumulative score requirement of that subsection]. If the
commissioner fails to develop the required method, a student is
considered to satisfy the requirements of Subsection (a) if the
student earns a score that satisfies College Readiness Benchmarks
or the equivalent on the international baccalaureate examination,
SAT, SAT Subject-Test, or ACT assessments or a student earns a score
of 2 or greater on the advance placement test. The commissioner by
rule may determine a method by which a student's satisfactory
performance on a Preliminary Scholastic Assessment Test (PSAT)
assessment or a preliminary American College Test (ACT) assessment
may be used as a factor in determining whether the student satisfies
the requirements of Subsection (a).
(a-2) In addition to the [cumulative score] requirements
under Subsection (a), the commissioner may require a student to
[must] achieve a score that [meets or] exceeds the score determined
by the commissioner under Section 39.0241(a) for the English III
and Algebra I [II] end-of-course assessment instruments to graduate
under the recommended high school program.
(a-3) In addition to the [cumulative score] requirements
under Subsection (a), the commissioner may require a student to
[must] achieve a score that meets or exceeds the score determined by
the commissioner under Section 39.0241(a-1) on the English III and
Algebra I [II] end-of-course assessment instruments in order to
graduate under the advanced high school program.
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to perform satisfactorily
[achieve a minimum score] under Subsection (a) shall retake the
assessment instrument. [A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument.] Any other student may retake an
end-of-course assessment instrument for any reason. A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to satisfy [achieve] the
[cumulative score] requirements for one or more subjects prescribed
by Subsection (a) for receiving a high school diploma, the district
shall require the student to enroll in a corresponding content-area
college preparatory course for which an end-of-course assessment
instrument has been adopted, if available. A student who enrolls
in a college preparatory course described by this subsection shall
be administered an end-of-course assessment instrument for the
course[, with the end-of-course assessment instrument scored on a
scale as determined by the commissioner not to exceed 20 percent of
the cumulative score requirements required to graduate as
determined under Subsection (a)]. A student may use the student's
score on the end-of-course assessment instrument or the equivalent
under 39.025(a-1) for the college preparatory course towards
satisfying the [cumulative score] requirements prescribed by
Subsection (a).
SECTION 9. Sections 39.053(c), Education Code, is amended
to read as follows:
Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT.
(a) The commissioner shall adopt a set of indicators of the quality
of learning and student achievement. The commissioner biennially
shall review the indicators for the consideration of appropriate
revisions.
(b) Performance on the student achievement indicators
adopted under this section shall be compared to state-established
standards. The indicators must be based on information that is
disaggregated by race, ethnicity, and socioeconomic status.
(c) Indicators of student achievement adopted under this
section must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(A) for the performance standard determined by
the commissioner under Section 39.0241(a):
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area; and
(B) for the college readiness performance
standard as determined under Section 39.0241:
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by 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; and
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.);
(4) career and technology licenses or certifications
earned, computed as a percentage of students participating in
career and technology courses who satisfy applicable licensing or
certification requirements;
(5) associate degrees earned, computed as a percentage
of student enrollment earning associate degrees;
(6) dual credits earned by meeting satisfactory
performance in dual credit courses through an institution of higher
education, computed as percentage of students participating in dual
credit courses through an institution of higher education; and
(7) Scholastic Assessment Test, American College Test
(ACT) assessment, Advance Placement Test, and International
Baccalaureate programs, computed as a percentage of students
participating who satisfy College Readiness Benchmarks or the
equivalent, aggregated across grade levels.
SECTION 10. Sections 39.054 (b-1), Education Code, is
amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and, not later than August 8 of each
year, assign each district and campus a performance rating that
reflects acceptable performance or unacceptable performance. If a
district or campus received a performance rating of unacceptable
performance for the preceding school year, the commissioner shall
notify the district of a subsequent such designation on or before
June 15.
(b) In evaluating performance, the commissioner shall
evaluate against state standards and consider the performance of
each campus in a school district and each open-enrollment charter
school on the basis of the campus's or school's performance on the
student achievement indicators adopted under Section 39.053(c).
(b-1) Consideration of the effectiveness of district
programs under Section 39.052(b)(2)(B) or (C):
(1) must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Section 39.023; and
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
SECTION 9. Sections 39.116 (a), (b), (c), (d), (e), (f), and
(g), Education Code, are amended to read as follows:
(a) During the period of transition to the accreditation
system established under H.B. No. 3, Acts of the 81st Legislature,
Regular Session, 2009, to be implemented in August 2013, the
commissioner may suspend assignment of accreditation statuses and
performance ratings for the 2011-2012 2012-2013 school year.
(b) As soon as practicable following the 2011-2012
2012-2013 school year, the commissioner shall report district and
campus performance under the student achievement indicators under
Sections 39.053(c)(1)(A) and (B).
(c) For the 2012-2013 2013-2014 school year, the
commissioner shall:(1) report district and campus performance
under the student achievement indicator under Section
39.053(c)(1)(B); and(2) evaluate district and campus performance
under the student achievement indicator under Section
39.053(c)(1)(A) and assign district accreditation statuses and
district and campus performance ratings based on that evaluation.
(d) Beginning with the 2013-2014 school year, the
commissioner shall evaluate district and campus performance under
the student achievement indicators under Sections 39.053(c)(1)(A)
and (B) and assign district accreditation statuses and district and
campus performance ratings based on that evaluation.
(e) During the 2011-2012 and 2012-2013 school years, the
commissioner shall continue to implement interventions and
sanctions for districts and campuses identified as having
unacceptable performance in the 2010-2011 school year in accordance
with the performance standards applicable during the 2010-2011
school year and may increase or decrease the level of interventions
and sanctions based on an evaluation of the district's or campus's
performance.
(f) For purposes of determining multiple years of
unacceptable performance and required district and campus
interventions and sanctions under this subchapter, the performance
ratings and accreditation statuses issued in the 2010-2011 and
2012-2013 2013-2014 school years shall be considered consecutive.
(g) This section expires September 1, 2014.
SECTION 11. Section 51.3062(q-1), Education Code, is
amended to read as follows:
(q-1) A student who has completed a recommended or advanced
high school program as determined under Section 28.025 and
demonstrated the performance standard for college readiness as
provided by Section 39.024 on the Algebra I [II] and English III
end-of-course assessment instruments is exempt from the
requirements of this section with respect to those content
areas. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid.
SECTION 12. Section 51.805, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a) or any other provision
of this section, a student is not required to perform at or above a
satisfactory level on end-of-course assessment instruments adopted
under Section 39.023(c) in order to be eligible to apply to a
general academic teaching institution.
SECTION 13. (a) This Act applies beginning with the
2012-2013 school year.
(b) Section 39.025, Education Code, as amended by this Act,
applies only to students who have entered or will enter the ninth
grade during the 2011-2012 or a later school year.
SECTION 14. 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, 2013.