84R21149 PAM-F
By: VanDeaver, González, et al. H.B. No. 1164
Substitute the following for H.B. No. 1164:
By: Aycock C.S.H.B. No. 1164
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of public school students in writing and
English language arts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28;
(4) require that students enrolled in the diploma
program satisfy the requirements of Sections 18.0055 and [Section]
39.025 before receiving a diploma under this chapter; and
(5) comply with a requirement imposed under this title
or a rule adopted under this title relating to the Public Education
Information Management System (PEIMS) to the extent necessary to
determine compliance with this chapter, as determined by the
commissioner.
SECTION 2. Chapter 18, Education Code, is amended by adding
Section 18.0055 to read as follows:
Sec. 18.0055. LOCAL ASSESSMENT REQUIRED: WRITING. A Job
Corps diploma program shall provide for the evaluation of student
achievement in writing consistent with the requirements provided
for school districts under Section 39.0264 for courses listed under
Section 39.0264(b). A Job Corps diploma program shall provide for
notice and reporting of performance of students assessed consistent
with the requirements under Section 39.0264.
SECTION 3. Section 25.005(b), Education Code, is amended to
read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work;
and
(C) permitting a student to satisfy the
requirements of:
(i) Section 39.025 through successful
performance on comparable end-of-course or other exit-level
assessment instruments administered in another state; and
(ii) Section 39.0264(b) through successful
performance under a method of assessment in another state
determined by the school district in which the student attends to be
comparable to or at least as rigorous as the method of assessment
used by that district; and
(2) include appropriate criteria developed by the
agency.
SECTION 4. Sections 28.025(b-4), (b-7), (c), and (d),
Education Code, are amended to read as follows:
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) in an applied manner. Courses
delivered in an applied manner must cover the essential knowledge
and skills, and the student shall be:
(1) administered the applicable end-of-course
assessment instrument as provided by Sections 39.023(c) and 39.025;
and
(2) for an applicable course described by Subsection
(b-1)(1), assessed as provided by Section 39.0264(b).
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) of this section, Section 39.025 or 39.0264(b), or any other
provision of this code and notwithstanding any school district
policy, a student who has completed the core curriculum of an
institution of higher education under Section 61.822, as certified
by the institution in accordance with commissioner rule, is
considered to have earned a distinguished level of achievement
under the foundation high school program and is entitled to receive
a high school diploma from the appropriate high school as that high
school is determined in accordance with commissioner rule. A
student who is considered to have earned a distinguished level of
achievement under the foundation high school program under this
subsection may apply for admission to an institution of higher
education for the first semester or other academic term after the
semester or other academic term in which the student completes the
core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Sections [Section] 39.025 and
39.0264(b); or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(d) A school district may issue a certificate of coursework
completion to a student who successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) but who fails to comply with Section 39.025 or
39.0264(b). A school district may allow a student who receives a
certificate to participate in a graduation ceremony with students
receiving high school diplomas.
SECTION 5. Section 28.0255(g), Education Code, is amended
to read as follows:
(g) A student is entitled to a high school diploma if the
student:
(1) successfully complies with the curriculum
requirements specified under Subsection (e); [and]
(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on end-of-course assessment
instruments listed under Section 39.023(c) for courses in which the
student was enrolled; and
(3) demonstrates performance that indicates that the
student has successfully achieved the essential knowledge and
skills in writing, as determined by standards established by the
board of trustees of the school district, for each course listed
under Section 39.0264(b) in which the student is enrolled.
SECTION 6. Section 29.087(f), Education Code, is amended to
read as follows:
(f) A student participating in a program authorized by this
section, other than a student ordered to participate under
Subsection (d)(1), must have taken the appropriate end-of-course
assessment instruments specified by Section 39.023(c) and been
assessed for the appropriate courses as provided by Section
39.0264(b) before entering the program and must take each
appropriate end-of-course assessment instrument administered
during the period in which the student is enrolled in the program
and be assessed for each appropriate course as provided by Section
39.0264(b) during the period in which the student is enrolled in the
program. Except for a student ordered to participate under
Subsection (d)(1), a student participating in the program may not
take the high school equivalency examination unless the student has
taken the assessment instruments required by this subsection and
been assessed for the appropriate courses as provided by Section
39.0264(b) as required by this subsection.
SECTION 7. Section 29.402(b), Education Code, is amended to
read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person:
(1) must complete not more than three course credits
to complete the curriculum requirements for the foundation high
school program for high school graduation; or
(2) has failed to:
(A) perform satisfactorily on an end-of-course
assessment instrument administered under Section 39.023(c) or an
assessment instrument administered under Section 39.023(c) as that
section existed before amendment by Chapter 1312 (S.B. 1031), Acts
of the 80th Legislature, Regular Session, 2007; or
(B) demonstrate satisfactory performance under
an assessment required by Section 39.0264(b).
SECTION 8. Section 30.021(e), Education Code, is amended to
read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education, excluding satisfactory performance under
Sections [Section] 39.025 and 39.0264(b), who are younger than 22
years of age on September 1 of the school year and who have
identified needs related to vocational training, independent
living skills, orientation and mobility, social and leisure skills,
compensatory skills, or remedial academic skills.
SECTION 9. Sections 30.104(b) and (c), Education Code, are
amended to read as follows:
(b) A student may graduate and receive a diploma from a
Texas Juvenile Justice Department [Youth Commission] educational
program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) and complies with:
(A) Section 39.025; and
(B) Section 39.0264(b), including by
demonstrating satisfactory performance under the method of
assessment required by the school district granting the student
academic course requirements for high school graduation for a
course listed in Section 39.0264(b) that the student successfully
completes in Texas Juvenile Justice Department educational
programs; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
(c) A Texas Juvenile Justice Department [Youth Commission]
educational program may issue a certificate of course-work
completion to a student who successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) but who fails to comply with Section 39.025 or
39.0264(b).
SECTION 10. Section 37.011, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) A juvenile justice alternative education program must
focus on English language arts, mathematics, science, social
studies, and self-discipline. Each school district shall consider
course credit earned by a student while in a juvenile justice
alternative education program as credit earned in a district
school. Each program shall administer assessment instruments under
Subchapter B, Chapter 39, shall assess students in applicable
grades and courses as provided by Subsection (d-1), and shall offer
a high school equivalency program. The juvenile board or the
board's designee, with the parent or guardian of each student,
shall regularly review the student's academic progress. In the
case of a high school student, the board or the board's designee,
with the student's parent or guardian, shall review the student's
progress towards meeting high school graduation requirements and
shall establish a specific graduation plan for the student. The
program is not required to provide a course necessary to fulfill a
student's high school graduation requirements other than a course
specified by this subsection.
(d-1) A juvenile justice alternative education program
shall provide for the evaluation of student achievement in writing
consistent with the requirements provided for school districts
under Section 39.0264. A juvenile justice alternative education
program shall provide for notice and reporting of performance of
students assessed consistent with the requirements under Section
39.0264.
SECTION 11. Section 39.023(a), Education Code, as effective
until on or before September 1, 2015, is amended 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, English language arts
[writing], mathematics, social studies, and science. Except as
provided by Subsection (a-2), all students, other than 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) English language arts [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.
SECTION 12. Section 39.023(a), Education Code, as effective
on or before September 1, 2015, is amended 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, English language arts
[writing], mathematics, social studies, and science. Except as
provided by Subsection (a-2), all students, other than students
assessed under Subsection (b) or (l) or exempted under Section
39.027, shall be assessed in:
(1) mathematics, in grades three and five without the
aid of technology and in grade eight with the aid of technology on
any assessment instrument that includes algebra;
(2) reading, in grades three, five, and eight;
(3) English language arts [writing], including
spelling and grammar, in grades four and seven;
(4) social studies, in grade eight; and
(5) science, in grades five and eight.
SECTION 13. Section 39.023(a), Education Code, as effective
September 1, 2017, is amended 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, English language arts
[writing], mathematics, social studies, and science. Except as
provided by Subsection (a-2), all students, other than 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) English language arts [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.
SECTION 14. Section 39.023, Education Code, is amended by
amending Subsection (c) and adding Subsection (q) to read as
follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, biology,
English I, English II, and United States history. The Algebra I
end-of-course assessment instrument must be administered with the
aid of technology. The English I and English II end-of-course
assessment instruments must each assess essential knowledge and
skills in both reading and language arts [writing] in the same
assessment instrument and must provide a single score. A school
district shall comply with State Board of Education rules regarding
administration of the assessment instruments listed in this
subsection. 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).
(q) The assessment of a student's writing is governed by
Section 39.0264.
SECTION 15. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0264 to read as follows:
Sec. 39.0264. LOCAL ASSESSMENT REQUIRED: WRITING. (a) To
evaluate student achievement in writing, each school district shall
assess students in grades four and seven and at the end of English I
and English II secondary-level courses in accordance with the
essential knowledge and skills for writing. A district may use any
method the district determines appropriate for assessing students
under this section, including portfolio assessment.
(b) A student assessed at the end of an English I or English
II secondary-level course is required to demonstrate performance
that indicates the student has successfully achieved the essential
knowledge and skills in writing for the course as determined by
standards established by the board of trustees of the school
district the student attends. A student may not receive a high
school diploma until the student has demonstrated satisfactory
performance in the manner provided by this subsection.
(c) The school district a student attends shall provide
written notice of the performance of a student assessed as required
under this section to the student's parent or person standing in
parental relation to the student.
(d) Each school year, each school district shall prepare a
report of the performance of students assessed as required by this
section. The report must include information regarding the
aggregate student performance in each grade or course required by
this section:
(1) for the district; and
(2) for each campus in the district.
(e) The report prepared under Subsection (d) must be:
(1) filed with the board of trustees of the school
district; and
(2) posted on the district's Internet website.
(f) For an assessment required by this section, a school
district is subject only to the notice and reporting requirements
provided by this section.
SECTION 16. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments required
under Section 39.023 [this subchapter for graduation].
SECTION 17. Not later than September 1, 2016, the Texas
Education Agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in English language arts as required
by Section 39.023, Education Code, as amended by this Act.
SECTION 18. This Act applies beginning with the 2016-2017
school year.
SECTION 19. 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, 2015.