By: Seliger S.B. No. 792
A BILL TO BE ENTITLED
AN ACT
relating to end-of-course assessment requirements for high school
graduation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (c) and (f), Section 28.014,
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 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. Subsection (c), Section 39.023, Education Code,
is amended to read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, 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 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).
SECTION 3. Subsections (a), (a-1), and (b-2), Section
39.025, Education Code, are amended to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in 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), on the Algebra I, English
III, biology, and United States history end-of-course assessment
instruments administered under Section 39.023(c). [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.] A student may not receive
a high school diploma until the student has performed
satisfactorily on [the] end-of-course assessment instruments 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, international baccalaureate examination, an SAT Subject
Test, 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]. 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).
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under this section [requirements] for one or more
end-of-course assessment instruments [subjects] prescribed under
[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 for
the college preparatory course towards satisfying the [cumulative]
score requirement under this section [requirements prescribed by
Subsection (a)].
SECTION 4. Effective September 1, 2014, Subsection (a),
Section 39.025, Education Code, is amended to read as follows:
(a) The commissioner shall adopt rules requiring a student
[participating] in the foundation [recommended or advanced] high
school program under Section 28.025 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), on the Algebra I, English III, biology, and United
States history end-of-course assessment instruments administered
under Section 39.023(c). [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.] A student may not receive a high school diploma until
the student has performed satisfactorily on [the] end-of-course
assessment instruments 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.
SECTION 5. Subsections (a-2) and (a-3), Section 39.025,
Education Code, are repealed.
SECTION 6. The changes in law made by this Act to Section
39.025, Education Code, apply only to students who have entered or
will enter the ninth grade during the 2011-2012 school year or a
later school year.
SECTION 7. Except as otherwise provided by this Act, this
Act applies beginning with the 2013-2014 school year.
SECTION 8. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.