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Texas House Bill HB1191

Texas 2017 - 85th Regular

Texas House Bill HB1191 Compare Versions

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11 85R2000 CAE-D
22 By: Bell H.B. No. 1191
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to secondary-level assessment of public school students
88 and the use of individual graduation committees to satisfy certain
99 public high school graduation requirements.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Effective August 31, 2017, Section 12.104(b-2),
1212 Education Code, is amended to read as follows:
1313 (b-2) An open-enrollment charter school is subject to the
1414 requirement to establish an individual graduation committee under
1515 Section 28.0258. [This subsection expires September 1, 2017.]
1616 SECTION 2. Section 18.006(b), Education Code, is amended to
1717 read as follows:
1818 (b) In addition to other factors determined to be
1919 appropriate by the commissioner, the accountability system must
2020 include consideration of:
2121 (1) student performance on the [end-of-course]
2222 assessment instruments required by Section 39.023(c); and
2323 (2) dropout rates, including dropout rates and diploma
2424 program completion rates for the grade levels served by the diploma
2525 program.
2626 SECTION 3. Section 25.005(b), Education Code, is amended to
2727 read as follows:
2828 (b) A reciprocity agreement must:
2929 (1) address procedures for:
3030 (A) transferring student records;
3131 (B) awarding credit for completed course work;
3232 and
3333 (C) permitting a student to satisfy the
3434 requirements of Section 39.025 through successful performance on
3535 comparable [end-of-course or other exit-level] assessment
3636 instruments administered in another state; and
3737 (2) include appropriate criteria developed by the
3838 agency.
3939 SECTION 4. Section 28.014(a), Education Code, is amended to
4040 read as follows:
4141 (a) Each school district shall partner with at least one
4242 institution of higher education to develop and provide courses in
4343 college preparatory mathematics and English language arts. The
4444 courses must be designed:
4545 (1) for students at the 12th grade level whose
4646 performance on:
4747 (A) an [end-of-course] assessment instrument
4848 required under Section 39.023(c) does not meet college readiness
4949 standards; or
5050 (B) coursework, a college entrance examination,
5151 or an assessment instrument designated under Section 51.3062(c)
5252 indicates that the student is not ready to perform entry-level
5353 college coursework; and
5454 (2) to prepare students for success in entry-level
5555 college courses.
5656 SECTION 5. Section 28.0211(o), Education Code, is amended
5757 to read as follows:
5858 (o) This section does not require the administration of
5959 a fifth [or eighth] grade assessment instrument in a subject under
6060 Section 39.023(a) to a student enrolled in the fifth [or eighth]
6161 grade[, as applicable,] if the student[:
6262 [(1)] is enrolled in a course in the subject intended
6363 for students above the student's grade level and will be
6464 administered an assessment instrument adopted or developed under
6565 Section 39.023(a) that aligns with the curriculum for the course in
6666 which the student is enrolled[; or
6767 [(2) is enrolled in a course in the subject for which
6868 the student will receive high school academic credit and will be
6969 administered an end-of-course assessment instrument adopted under
7070 Section 39.023(c) for the course].
7171 SECTION 6. Section 28.0217, Education Code, is amended to
7272 read as follows:
7373 Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
7474 STUDENTS. (a) Each time a student fails to perform satisfactorily
7575 on an assessment instrument required [administered] under Section
7676 39.023(c), the school district in which the student attends school
7777 shall provide to the student accelerated instruction in the
7878 applicable subject area, using funds appropriated for accelerated
7979 instruction under Section 28.0211.
8080 (b) Accelerated instruction may require participation of
8181 the student before or after normal school hours and may include
8282 participation at times of the year outside normal school
8383 operations. The district shall schedule accelerated instruction in
8484 a manner that provides adequate flexibility in the student's
8585 schedule to ensure that the student is academically on track to
8686 complete the student's personal graduation plan.
8787 SECTION 7. Section 28.023(c), Education Code, is amended to
8888 read as follows:
8989 (c) A school district shall give a student in grade level
9090 six or above credit for a subject on the basis of an examination for
9191 credit in the subject approved by the board of trustees under
9292 Subsection (a) if the student scores in the 80th percentile or above
9393 on the examination or if the student achieves a score as provided by
9494 Subsection (c-1). If a student is given credit in a subject on the
9595 basis of an examination, the district shall enter the examination
9696 score on the student's transcript and the student is not required to
9797 take for that subject an [end-of-course] assessment instrument
9898 adopted under Section 39.023(c) [for that subject].
9999 SECTION 8. Section 28.025(b-4), Education Code, is amended
100100 to read as follows:
101101 (b-4) A school district may offer the curriculum described
102102 in Subsections (b-1)(1) through (4) in an applied manner. Courses
103103 delivered in an applied manner must cover the essential knowledge
104104 and skills[, and the student shall be administered the applicable
105105 end-of-course assessment instrument as provided by Sections
106106 39.023(c) and 39.025].
107107 SECTION 9. Effective August 31, 2017, Section 28.025(c-6),
108108 Education Code, is amended to read as follows:
109109 (c-6) Notwithstanding Subsection (c), a person may receive
110110 a diploma if the person is eligible for a diploma under Section
111111 28.0258. [This subsection expires September 1, 2017.]
112112 SECTION 10. Section 28.0255, Education Code, is amended by
113113 amending Subsections (g) and (h) and adding Subsection (g-1) to
114114 read as follows:
115115 (g) A student entering the ninth grade during the 2018-2019
116116 school year is entitled to a high school diploma if the student:
117117 (1) successfully complies with the curriculum
118118 requirements specified under Subsection (e); and
119119 (2) performs satisfactorily, as determined by the
120120 commissioner under Subsection (h), on [end-of-course] assessment
121121 instruments listed under Section 39.023(c) [for courses in which
122122 the student was enrolled].
123123 (g-1) A student other than a student described by Subsection
124124 (g) is entitled to a high school diploma if the student:
125125 (1) successfully complies with the curriculum
126126 requirements specified under Subsection (e); and
127127 (2) performs satisfactorily, as determined by the
128128 commissioner under Subsection (h), on assessment instruments
129129 listed under Section 39.023(c), as that section existed before
130130 amendment by _.B. ___, Acts of the 85th Legislature, Regular
131131 Session, 2017, for courses in which the student was enrolled.
132132 (h) For purposes of Subsections [Subsection] (g)(2) and
133133 (g-1)(2), the commissioner shall determine the level of
134134 satisfactory performance on applicable [end-of-course] assessment
135135 instruments administered to a student.
136136 SECTION 11. Section 28.0258, Education Code, is amended by
137137 amending Subsections (a), (b), (e), (f), (h), (j), and (k) and
138138 adding Subsections (m) and (n) to read as follows:
139139 (a) This section applies only to an 11th or 12th grade
140140 student who has failed to comply with the [end-of-course]
141141 assessment instrument performance requirements under Section
142142 39.025 for not more than two subjects identified under Section
143143 39.023(c) [courses].
144144 (b) For each student to whom this section applies, the
145145 school district that the student attends shall establish an
146146 individual graduation committee at the end of or after the
147147 student's 11th grade year to determine whether the student may
148148 qualify to graduate as provided by this section. A student may not
149149 qualify to graduate under this section before the student's 12th
150150 grade year. The committee shall be composed of:
151151 (1) the principal or principal's designee;
152152 (2) for each subject identified under Section
153153 39.023(c) for [end-of-course assessment instrument on] which the
154154 student failed to perform satisfactorily on the appropriate
155155 corresponding required assessment instrument, a [the] teacher of
156156 the student in that subject, designated by the principal [course];
157157 (3) the department chair or lead teacher supervising
158158 the teacher described by Subdivision (2); and
159159 (4) as applicable:
160160 (A) the student's parent or person standing in
161161 parental relation to the student;
162162 (B) a designated advocate described by
163163 Subsection (c) if the person described by Paragraph (A) is unable to
164164 serve; or
165165 (C) the student, at the student's option, if the
166166 student is at least 18 years of age or is an emancipated minor.
167167 (e) To be eligible to graduate and receive a high school
168168 diploma under this section, a student must successfully complete
169169 the curriculum requirements required for high school graduation:
170170 (1) identified by the State Board of Education under
171171 Section 28.025(a); or
172172 (2) as otherwise provided by the transition plan
173173 adopted by the commissioner to implement and administer the
174174 amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
175175 Legislature, Regular Session, 2013, replacing the minimum,
176176 recommended, and advanced high school programs with the foundation
177177 high school program [under Section 28.025(h)].
178178 (f) Notwithstanding any other law, a student's individual
179179 graduation committee established under this section shall
180180 recommend additional requirements by which the student may qualify
181181 to graduate, including:
182182 (1) additional remediation; and
183183 (2) for each [end-of-course] assessment instrument
184184 required under Section 39.023(c) on which the student failed to
185185 perform satisfactorily:
186186 (A) the completion of a project related to the
187187 subject area [of the course] that demonstrates proficiency in the
188188 subject area; or
189189 (B) the preparation of a portfolio of work
190190 samples in the subject area [of the course], including work samples
191191 [from the course] that demonstrate proficiency in the subject area.
192192 (h) In determining whether a student for whom an individual
193193 graduation committee is established is qualified to graduate, the
194194 committee shall consider:
195195 (1) the recommendation of the student's teacher in
196196 each course of the subject for which the student failed to perform
197197 satisfactorily on an [end-of-course] assessment instrument;
198198 (2) the student's grade in each course of the subject
199199 for which the student failed to perform satisfactorily on an
200200 [end-of-course] assessment instrument;
201201 (3) the student's score on each [end-of-course]
202202 assessment instrument required under Section 39.023(c) on which the
203203 student failed to perform satisfactorily;
204204 (4) the student's performance on any additional
205205 requirements recommended by the committee under Subsection (f);
206206 (5) the number of hours of remediation that the
207207 student has attended, including[:
208208 [(A) attendance in a college preparatory course
209209 required under Section 39.025(b-2), if applicable; or
210210 [(B)] attendance in and successful completion of
211211 a transitional college course in reading or mathematics;
212212 (6) the student's school attendance rate;
213213 (7) the student's satisfaction of any of the Texas
214214 Success Initiative (TSI) college readiness benchmarks prescribed
215215 by the Texas Higher Education Coordinating Board;
216216 (8) the student's successful completion of a dual
217217 credit course in English, mathematics, science, or social studies;
218218 (9) the student's successful completion of a high
219219 school pre-advanced placement, advanced placement, or
220220 international baccalaureate program course in English,
221221 mathematics, science, or social studies;
222222 (10) the student's rating of advanced high on the most
223223 recent high school administration of the Texas English Language
224224 Proficiency Assessment System;
225225 (11) the student's score of 50 or greater on a
226226 College-Level Examination Program examination;
227227 (12) the student's score on:
228228 (A) the ACT or[,] the SAT, if not otherwise
229229 considered under Subdivision (3); or
230230 (B) the Armed Services Vocational Aptitude
231231 Battery test;
232232 (13) the student's completion of a sequence of courses
233233 under a career and technical education program required to attain
234234 an industry-recognized credential or certificate;
235235 (14) the student's overall preparedness for
236236 postsecondary success; and
237237 (15) any other academic information designated for
238238 consideration by the board of trustees of the school district.
239239 (j) Notwithstanding any action taken by an individual
240240 graduation committee under this section, a school district shall
241241 administer an [end-of-course] assessment instrument required under
242242 Section 39.023(c) to any student who fails to perform
243243 satisfactorily on an [end-of-course] assessment instrument
244244 required under Section 39.023(c) as provided by Section 39.025(b).
245245 For purposes of Section 39.053(c)(1), an assessment instrument
246246 administered as provided by this subsection is considered an
247247 assessment instrument required for graduation retaken by a student.
248248 (k) The commissioner shall adopt rules as necessary to
249249 administer [implement] this section [not later than the 2015-2016
250250 school year].
251251 (m) For a student subject to Section 39.025(f)(1):
252252 (1) for purposes of Subsection (a), this section
253253 applies only to an 11th or 12th grade student who has failed to
254254 comply with the end-of-course assessment instrument performance
255255 requirements under Section 39.025, as that section existed before
256256 amendment by __.B. ___, Acts of the 85th Legislature, Regular
257257 Session, 2017, for not more than two courses listed in Section
258258 39.023(c), as that section existed before amendment by _.B. ___,
259259 Acts of the 85th Legislature, Regular Session, 2017;
260260 (2) for purposes of the composition of an individual
261261 graduation committee under Subsection (b)(2), the committee shall
262262 include the teacher of the course for each end-of-course assessment
263263 instrument described by Subdivision (1) for which the student
264264 failed to perform satisfactorily;
265265 (3) for purposes of Subsection (h)(1), an individual
266266 graduation committee shall consider the recommendation of the
267267 teacher described by Subdivision (2); and
268268 (4) for purposes of Subsection (h)(2), an individual
269269 graduation committee shall consider the student's grade in each
270270 course described by Subdivision (2).
271271 (n) Subsection (m) and this subsection expire September 1,
272272 2023.
273273 SECTION 12. Section 29.081, Education Code, is amended by
274274 amending Subsections (b) and (b-1) and adding Subsection (b-4) to
275275 read as follows:
276276 (b) Each district shall provide accelerated instruction to
277277 a student enrolled in the district who has taken an [end-of-course]
278278 assessment instrument required [administered] under Section
279279 39.023(c) and has not performed satisfactorily on the assessment
280280 instrument or who is at risk of dropping out of school.
281281 (b-1) Each school district shall offer before the next
282282 scheduled administration of the assessment instrument, without
283283 cost to the student, additional accelerated instruction to each
284284 student in any subject in which the student failed to perform
285285 satisfactorily on an [end-of-course] assessment instrument
286286 required for graduation.
287287 (b-4) Each time the agency designates or adopts an
288288 assessment instrument or test under Section 39.023(c), each school
289289 district shall use the performance data from the assessment
290290 instrument or test to modify as necessary the accelerated
291291 instructional services provided to students who have not performed
292292 satisfactorily on the assessment instrument or test.
293293 SECTION 13. Section 29.087(f), Education Code, is amended
294294 to read as follows:
295295 (f) A student participating in a program authorized by this
296296 section, other than a student ordered to participate under
297297 Subsection (d)(1), must have taken any [the] appropriate
298298 [end-of-course] assessment instrument [instruments] specified by
299299 Section 39.023(c) that is administered before the student enters
300300 [entering] the program and must take any [each] appropriate
301301 [end-of-course] assessment instrument that is administered during
302302 the period in which the student is enrolled in the program. Except
303303 for a student ordered to participate under Subsection (d)(1), a
304304 student participating in the program may not take the high school
305305 equivalency examination unless the student has taken the assessment
306306 instruments required by this subsection.
307307 SECTION 14. Section 29.402(b), Education Code, is amended
308308 to read as follows:
309309 (b) A person who is under 26 years of age is eligible to
310310 enroll in a dropout recovery program under this subchapter if the
311311 person:
312312 (1) must complete not more than three course credits
313313 to complete the curriculum requirements for the foundation high
314314 school program for high school graduation; or
315315 (2) has failed to perform satisfactorily on:
316316 (A) an [end-of-course] assessment instrument
317317 required [administered] under Section 39.023(c);
318318 (B) an assessment instrument administered under
319319 Section 39.023(c) as that section existed before amendment by _.B.
320320 ___, Acts of the 85th Legislature, Regular Session, 2017; or
321321 (C) an assessment instrument administered under
322322 Section 39.023(c) as that section existed before amendment by
323323 Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
324324 Session, 2007.
325325 SECTION 15. Sections 39.023(a-2), (c-1), (c-3), (e), and
326326 (p), Education Code, as effective September 1, 2017, are amended to
327327 read as follows:
328328 (a-2) Except as required by federal law, a student is not
329329 required to be assessed in a subject otherwise assessed at the
330330 student's grade level under Subsection (a) if the student[:
331331 [(1)] is enrolled in a course in the subject intended
332332 for students above the student's grade level and will be
333333 administered an assessment instrument adopted or developed under
334334 Subsection (a) that aligns with the curriculum for the course in
335335 which the student is enrolled[; or
336336 [(2) is enrolled in a course in the subject for which
337337 the student will receive high school academic credit and will be
338338 administered an end-of-course assessment instrument adopted under
339339 Subsection (c) for the course].
340340 (c-1) If the [The] agency develops an [shall develop any]
341341 assessment instrument required under this section, the agency shall
342342 develop the assessment instrument in a manner that allows for the
343343 measurement of annual improvement in student achievement as
344344 required by Sections 39.034(c) and (d). If the agency designates or
345345 adopts an assessment instrument under Subsection (c), the agency
346346 shall ensure that the performance data from the assessment
347347 instrument may be used for the measurement of annual improvement in
348348 student achievement as required by Sections 39.034(c) and (d).
349349 (c-3) In adopting a schedule for the administration of
350350 assessment instruments under this section, the State Board of
351351 Education shall require[:
352352 [(1)] assessment instruments administered under
353353 Subsection (a) to be administered on a schedule so that the first
354354 assessment instrument is administered at least two weeks later than
355355 the date on which the first assessment instrument was administered
356356 under Subsection (a) during the 2006-2007 school year[; and
357357 [(2) the spring administration of end-of-course
358358 assessment instruments under Subsection (c) to occur in each school
359359 district not earlier than the first full week in May, except that
360360 the spring administration of the end-of-course assessment
361361 instruments in English I and English II must be permitted to occur
362362 at an earlier date].
363363 (e) Under rules adopted by the State Board of Education,
364364 every third year, the agency shall release the questions and answer
365365 keys to each assessment instrument administered under Subsection
366366 (a), (b), [(c),] (d), or (l), excluding any assessment instrument
367367 administered to a student for the purpose of retaking the
368368 assessment instrument, after the last time the instrument is
369369 administered for that school year. To ensure a valid bank of
370370 questions for use each year, the agency is not required to release a
371371 question that is being field-tested and was not used to compute the
372372 student's score on the instrument. The agency shall also release,
373373 under board rule, each question that is no longer being
374374 field-tested and that was not used to compute a student's score.
375375 This subsection applies in the same manner to each administered
376376 assessment instrument adopted under Subsection (c) that is not a
377377 nationally recognized, norm-referenced assessment instrument or
378378 test [During the 2014-2015 and 2015-2016 school years, the agency
379379 shall release the questions and answer keys to assessment
380380 instruments as described by this subsection each year].
381381 (p) On or before September 1 of each year, the commissioner
382382 shall make the following information available on the agency's
383383 Internet website for each assessment instrument administered under
384384 Subsection (a)[, (c),] or (l):
385385 (1) the number of questions on the assessment
386386 instrument;
387387 (2) the number of questions that must be answered
388388 correctly to achieve satisfactory performance as determined by the
389389 commissioner under Section 39.0241(a); and
390390 (3) [the number of questions that must be answered
391391 correctly to achieve satisfactory performance under the college
392392 readiness performance standard as provided by Section 39.0241; and
393393 [(4)] the corresponding scale score [scores].
394394 SECTION 16. Section 39.023, Education Code, is amended by
395395 amending Subsections (c), (c-2), (c-4), (c-5), (d), (f), (g), (h),
396396 and (i) and adding Subsections (h-1) and (p-1) to read as follows:
397397 (c) The agency shall also provide for [adopt end-of-course]
398398 assessment instruments for each federally required secondary-level
399399 subject, including mathematics, English language arts, and science
400400 [courses in Algebra I, biology, English I, English II, and United
401401 States history]. To the extent practicable, the commissioner shall
402402 designate an appropriate, nationally recognized, norm-referenced
403403 assessment instrument, offered by a nationally recognized vendor,
404404 to assess students in two or more subjects identified under this
405405 subsection. If an appropriate, nationally recognized,
406406 norm-referenced assessment instrument is not available to assess
407407 all subjects identified under this section, the commissioner shall,
408408 for each subject not included, designate an appropriate, nationally
409409 recognized, norm-referenced specific subject test offered by a
410410 nationally recognized vendor. If an appropriate nationally
411411 recognized, norm-referenced multiple subject assessment instrument
412412 or an appropriate nationally recognized, norm-referenced specific
413413 subject test is not available to assess a specific subject, the
414414 commissioner shall adopt a specific subject assessment instrument
415415 for that subject. An [The Algebra I end-of-course assessment
416416 instrument must be administered with the aid of technology. The
417417 English I and English II end-of-course] assessment instrument or
418418 test designated or adopted under this subsection [instruments] must
419419 [each] assess essential knowledge and skills in the appropriate
420420 subject [in both reading and writing in the same assessment
421421 instrument and must provide a single score]. Before the agency
422422 designates or adopts an assessment instrument or test, the agency
423423 shall develop evidence, through a peer review process, to
424424 demonstrate that the assessment instrument or test is aligned with
425425 the essential knowledge and skills for the appropriate subject. A
426426 school district shall comply with State Board of Education rules
427427 regarding administration of an [the] assessment instrument
428428 required under [instruments listed in] this subsection. If a
429429 student is in a special education program under Subchapter A,
430430 Chapter 29, the student's admission, review, and dismissal
431431 committee shall determine whether any allowable modification is
432432 necessary in administering to the student an assessment instrument
433433 or test required under this subsection. [The State Board of
434434 Education shall administer the assessment instruments. The State
435435 Board of Education shall adopt a schedule for the administration of
436436 end-of-course assessment instruments that complies with the
437437 requirements of Subsection (c-3).]
438438 (c-2) The agency may adopt [end-of-course] assessment
439439 instruments for secondary-level subjects [courses] not identified
440440 [listed] in Subsection (c). A student's performance on an
441441 [end-of-course] assessment instrument adopted under this
442442 subsection is not subject to the performance requirements
443443 established under [Subsection (c) or] Section 39.025.
444444 (c-4) To the extent practicable and subject to Section
445445 39.024, the agency shall ensure that each [end-of-course]
446446 assessment instrument designated or adopted under Subsection (c)
447447 is:
448448 (1) capable of measuring [developed in a manner that
449449 measures] a student's performance under the college readiness
450450 standards established under Section 28.008; and
451451 (2) validated by national postsecondary education
452452 experts for college readiness content and performance standards.
453453 (c-5) A student's performance on an [end-of-course]
454454 assessment instrument required under Subsection (c) must be
455455 included in the student's academic achievement record.
456456 (d) The commissioner may participate in multistate efforts
457457 to develop voluntary standardized secondary-level [end-of-course]
458458 assessment instruments. [The commissioner by rule may require a
459459 school district to administer an end-of-course assessment
460460 instrument developed through the multistate efforts.] The
461461 admission, review, and dismissal committee of a student in a
462462 special education program under Subchapter A, Chapter 29, shall
463463 determine whether any allowable modification is necessary in
464464 administering to the student an [end-of-course] assessment
465465 instrument.
466466 (f) An [The] assessment instrument may not be designated or
467467 adopted under this section unless the assessment instrument is
468468 [instruments shall be] designed to include assessment of a
469469 student's problem-solving ability and complex-thinking skills
470470 using a method of assessing those abilities and skills that is
471471 demonstrated to be highly reliable.
472472 (g) A [The State Board of Education may adopt one
473473 appropriate,] nationally recognized, norm-referenced multiple
474474 subject assessment instrument or nationally recognized,
475475 norm-referenced specific subject test designated by the agency
476476 under Subsection (c) [in reading and mathematics to be administered
477477 to a selected sample of students in the spring. If adopted, a
478478 norm-referenced assessment instrument] must be a secured test. The
479479 commissioner shall contract with a nationally recognized vendor to
480480 administer each assessment instrument or test described by this
481481 subsection, complete the scoring of each assessment instrument or
482482 test, and distribute within a reasonable period the results to the
483483 agency and the relevant results to each school district. As soon as
484484 practicable after the district receives the results from the vendor
485485 under this subsection, the district shall:
486486 (1) distribute the relevant results to each district
487487 campus; and
488488 (2) provide written notice to the student and the
489489 person standing in parental relation to the student that states the
490490 student's results and whether the student performed satisfactorily
491491 on the assessment instrument or test [The state may pay the costs of
492492 purchasing and scoring the adopted assessment instrument and of
493493 distributing the results of the adopted instrument to the school
494494 districts. A district that administers the norm-referenced test
495495 adopted under this subsection shall report the results to the
496496 agency in a manner prescribed by the commissioner].
497497 (h) Except as provided by Subsection (g), the [The] agency
498498 shall notify school districts and campuses of the results of
499499 assessment instruments administered under this section not later
500500 than the 21st day after the date the assessment instrument is
501501 administered.
502502 (h-1) A [The] school district shall disclose to each
503503 district teacher the results of assessment instruments
504504 administered to students taught by the teacher in the subject for
505505 the school year in which the assessment instrument is administered.
506506 (i) Except as provided by this subsection, the [The]
507507 provisions of this section[, except Subsection (d),] are subject to
508508 modification by rules adopted under Section 39.022. The provisions
509509 of Subsection (d) and the provisions requiring the agency to
510510 designate a nationally recognized, norm-referenced multiple
511511 subject assessment instrument or nationally recognized,
512512 norm-referenced specific subject test are not subject to
513513 modification by rules adopted under Section 39.022. Each
514514 assessment instrument adopted under [those] rules adopted under
515515 Section 39.022 and each assessment instrument required under
516516 Subsections (c) and [Subsection] (d) must be reliable and valid and
517517 must meet any applicable federal requirements for measurement of
518518 student progress.
519519 (p-1) On or before September 1 of each year, the
520520 commissioner shall make the following information available on the
521521 agency's Internet website for each assessment instrument required
522522 under Subsection (c) that is not a norm-referenced assessment
523523 instrument or test:
524524 (1) the number of questions on the assessment
525525 instrument;
526526 (2) the number of questions that must be answered
527527 correctly to achieve satisfactory performance as determined by the
528528 commissioner under Section 39.0241(a);
529529 (3) the number of questions that must be answered
530530 correctly to achieve satisfactory performance under the college
531531 readiness performance standard as provided by Section 39.0241; and
532532 (4) the corresponding scale score.
533533 SECTION 17. The heading to Section 39.0232, Education Code,
534534 is amended to read as follows:
535535 Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
536536 AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
537537 SECTION 18. Sections 39.0232(a), (b), and (c), Education
538538 Code, are amended to read as follows:
539539 (a) To the extent practicable, the agency shall ensure that
540540 any high school [end-of-course] assessment instrument designated
541541 or adopted under Section 39.023(c) [developed by the agency is
542542 developed in such a manner that the assessment instrument] may be
543543 used to determine the appropriate placement of a student in a course
544544 of the same subject matter at an institution of higher education.
545545 (b) A student's performance on an [end-of-course]
546546 assessment instrument required under Section 39.023(c) may not be
547547 used:
548548 (1) in determining the student's class ranking for any
549549 purpose, including entitlement to automatic college admission
550550 under Section 51.803 or 51.804; or
551551 (2) as a sole criterion in the determination of
552552 whether to admit the student to a general academic teaching
553553 institution in this state.
554554 (c) Subsection (b)(2) does not prohibit a general academic
555555 teaching institution from implementing an admission policy that
556556 takes into consideration a student's performance on an
557557 [end-of-course] assessment instrument required under Section
558558 39.023(c) in addition to other criteria.
559559 SECTION 19. Section 39.0234, Education Code, is amended by
560560 amending Subsection (a) and adding Subsection (b) to read as
561561 follows:
562562 (a) Except as provided by Subsection (b), the [The] agency
563563 shall ensure that assessment instruments required under Section
564564 39.023 are capable of being administered by computer. The
565565 commissioner may not require a school district or open-enrollment
566566 charter school to administer an assessment instrument by computer.
567567 (b) Subsection (a) does not apply to a nationally
568568 recognized, norm-referenced multiple subject assessment instrument
569569 or nationally recognized, norm-referenced specific subject test
570570 designated by the agency under Section 39.023(c).
571571 SECTION 20. Section 39.024(i), Education Code, is amended
572572 to read as follows:
573573 (i) The agency shall gather data and conduct research to
574574 substantiate any correlation between a certain level of performance
575575 by students on [end-of-course] assessment instruments required
576576 under Section 39.023(c) and success in:
577577 (1) military service; or
578578 (2) a workforce training, certification, or other
579579 credential program at a postsecondary educational institution that
580580 primarily offers associate degrees or certificates or credentials
581581 other than baccalaureate or advanced degrees.
582582 SECTION 21. Section 39.0241(a), Education Code, is amended
583583 to read as follows:
584584 (a) The commissioner shall determine the level of
585585 performance considered to be satisfactory on the assessment
586586 instruments. In determining the level of performance considered
587587 satisfactory on an assessment instrument required under Section
588588 39.023(c), the commissioner shall consult with the commissioner of
589589 higher education and the executive director of the Texas Workforce
590590 Commission.
591591 SECTION 22. Section 39.025, Education Code, is amended by
592592 amending Subsections (a), (a-1), (a-4), (b), (b-1), and (f) and
593593 adding Subsection (f-1) to read as follows:
594594 (a) The commissioner shall adopt rules requiring a student
595595 in the foundation high school program under Section 28.025 to be
596596 administered an [end-of-course] assessment instrument required
597597 under [listed in] Section 39.023(c) during the student's 10th or
598598 11th grade year [only for a course in which the student is enrolled
599599 and for which an end-of-course assessment instrument is
600600 administered]. A student is required to achieve a scale score that
601601 indicates satisfactory performance, as determined by the
602602 commissioner under Section 39.0241(a), on each [end-of-course]
603603 assessment instrument administered to the student. [For each scale
604604 score required under this subsection that is not based on a
605605 100-point scale scoring system, the commissioner shall provide for
606606 conversion, in accordance with commissioner rule, of the scale
607607 score to an equivalent score based on a 100-point scale scoring
608608 system.] A student may not receive a high school diploma until the
609609 student has performed satisfactorily on [end-of-course] assessment
610610 instruments in the manner provided under this subsection. This
611611 subsection does not require a student to demonstrate readiness to
612612 enroll in an institution of higher education.
613613 (a-1) A student enrolled in a college preparatory
614614 mathematics or English language arts course under Section 28.014
615615 who satisfies the Texas Success Initiative (TSI) college readiness
616616 benchmarks prescribed by the Texas Higher Education Coordinating
617617 Board under Section 51.3062(f) on an assessment instrument
618618 designated by the Texas Higher Education Coordinating Board under
619619 Section 51.3062(c) administered at the end of the college
620620 preparatory mathematics or English language arts course satisfies
621621 the assessment requirement [requirements] concerning mathematics
622622 [and is exempt from the administration of the Algebra I] or [the
623623 English I and] English language arts [II end-of-course assessment
624624 instruments], as applicable, [as prescribed by Section 39.023(c),]
625625 even if the student did not perform satisfactorily on a previous
626626 administration of the applicable portion of a norm-referenced
627627 multiple subject assessment instrument or applicable
628628 norm-referenced specific subject test or [end-of-course]
629629 assessment instrument required under Section 39.023(c). A student
630630 who fails to perform satisfactorily on the assessment instrument
631631 designated by the Texas Higher Education Coordinating Board under
632632 Section 51.3062(c) administered as provided by this subsection may
633633 retake that assessment instrument for purposes of this subsection
634634 or may take the appropriate [end-of-course] assessment instrument
635635 required under Section 39.023(c).
636636 (a-4) The admission, review, and dismissal committee of a
637637 student in a special education program under Subchapter A, Chapter
638638 29, shall determine whether, to receive a high school diploma, the
639639 student is required to achieve satisfactory performance on
640640 [end-of-course] assessment instruments required under Section
641641 39.023(c).
642642 (b) Each time an [end-of-course] assessment instrument
643643 required [adopted] under Section 39.023(c) is administered, a
644644 student who failed to achieve a score requirement under Subsection
645645 (a) may retake the assessment instrument. A student is not required
646646 to retake a course as a condition of retaking an [end-of-course]
647647 assessment instrument.
648648 (b-1) A school district shall provide each student who fails
649649 to perform satisfactorily as determined by the commissioner under
650650 Section 39.0241(a) on an [end-of-course] assessment instrument
651651 required under Section 39.023(c) with accelerated instruction in
652652 the subject assessed by the assessment instrument.
653653 (f) The commissioner shall by rule adopt a transition plan
654654 to implement the amendments made by __.B. __, Acts of the 85th
655655 Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
656656 Acts of the 80th Legislature, Regular Session, 2007], replacing
657657 [general subject assessment instruments administered at the high
658658 school level with] end-of-course assessment instruments with
659659 assessment instruments designated or adopted under Section
660660 39.023(c). The rules must provide for the [end-of-course]
661661 assessment instruments designated or adopted under Section
662662 39.023(c) to be administered beginning with students entering the
663663 ninth grade during the 2018-2019 [2011-2012] school year. During
664664 the period under which the transition to [end-of-course] assessment
665665 instruments designated or adopted under Section 39.023(c) is made:
666666 (1) for students entering a grade above the ninth
667667 grade during the 2018-2019 [2011-2012] school year, the
668668 commissioner shall retain, administer, and use for purposes of
669669 accreditation and other campus and district accountability
670670 measures under this chapter the end-of-course assessment
671671 instruments required by Section 39.023(c) [39.023(a) or (c)], as
672672 that section existed before amendment by __.B. __, Acts of the 85th
673673 Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
674674 Acts of the 80th Legislature, Regular Session, 2007]; and
675675 (2) a student subject to Subdivision (1) may not
676676 receive a high school diploma unless:
677677 (A) the student complies with this section [has
678678 performed satisfactorily on each required assessment instrument
679679 administered under Section 39.023(c)] as it [that section] existed
680680 before amendment by __.B. __, Acts of the 85th Legislature, Regular
681681 Session, 2017; or
682682 (B) an individual graduation committee
683683 established under Section 28.0258 determines that the student is
684684 eligible to receive a high school diploma [Chapter 1312 (S.B.
685685 No. 1031), Acts of the 80th Legislature, Regular Session, 2007].
686686 (f-1) For purposes of Subsection (f), a reference in this
687687 code to an assessment instrument under Section 39.023(c) includes
688688 an end-of-course assessment instrument administered under Section
689689 39.023(c), as that section existed before amendment by __.B. __,
690690 Acts of the 85th Legislature, Regular Session, 2017.
691691 SECTION 23. Effective August 31, 2017, Section 39.025(a-2),
692692 Education Code, as added by Chapter 5 (S.B. 149), Acts of the 84th
693693 Legislature, Regular Session, 2015, is amended to read as follows:
694694 (a-2) Notwithstanding Subsection (a), a student who has
695695 failed to perform satisfactorily on [end-of-course] assessment
696696 instruments in the manner provided under this section may receive a
697697 high school diploma if the student has qualified for graduation
698698 under Section 28.0258. [This subsection expires September 1,
699699 2017.]
700700 SECTION 24. Section 39.025(a-2), Education Code, as added
701701 by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
702702 Session, 2015, is amended to read as follows:
703703 (a-2) Unless an assessment instrument is the assessment
704704 instrument designated by the agency as the assessment instrument
705705 required under Section 39.023(c), the [The] commissioner shall
706706 determine a method by which a student's satisfactory performance on
707707 an advanced placement test, an international baccalaureate
708708 examination, an SAT Subject Test, the SAT, the ACT, or any
709709 nationally recognized norm-referenced assessment instrument used
710710 by institutions of higher education to award course credit based on
711711 satisfactory performance on the assessment instrument shall be used
712712 to satisfy the requirements concerning an [end-of-course]
713713 assessment instrument required under Section 39.023(c) in an
714714 equivalent subject [course] as prescribed by Subsection (a).
715715 Unless an assessment instrument is the assessment instrument
716716 designated by the agency as the assessment instrument required
717717 under Section 39.023(c), the [The] commissioner shall determine a
718718 method by which a student's satisfactory performance on the PSAT or
719719 the ACT-Plan shall be used to satisfy the requirements concerning
720720 an [end-of-course] assessment instrument required under Section
721721 39.023(c) in an equivalent subject [course] as prescribed by
722722 Subsection (a). A student who fails to perform satisfactorily on a
723723 test or other assessment instrument authorized under this
724724 subsection, other than the PSAT or the ACT-Plan, may retake that
725725 test or other assessment instrument for purposes of this subsection
726726 or may take the appropriate [end-of-course] assessment instrument
727727 required under Section 39.023(c). A student who fails to perform
728728 satisfactorily on the PSAT or the ACT-Plan must take the
729729 appropriate [end-of-course] assessment instrument required under
730730 Section 39.023(c). The commissioner shall adopt rules as necessary
731731 for the administration of this subsection.
732732 SECTION 25. Effective August 31, 2017, Section 39.025(a-3),
733733 Education Code, is amended to read as follows:
734734 (a-3) A student who, after retaking an end-of-course
735735 assessment instrument for Algebra I or English II, has failed to
736736 perform satisfactorily as required by Subsection (a), but who
737737 receives a score of proficient on the Texas Success Initiative
738738 (TSI) diagnostic assessment for the corresponding subject for which
739739 the student failed to perform satisfactorily on the end-of-course
740740 assessment instrument satisfies the requirement concerning the
741741 Algebra I or English II end-of-course assessment, as applicable.
742742 [This subsection expires September 1, 2017.]
743743 SECTION 26. Effective September 1, 2018, Section
744744 39.025(a-3), Education Code, is amended to read as follows:
745745 (a-3) A student who, after retaking an [end-of-course]
746746 assessment instrument for mathematics [Algebra I] or English
747747 language arts [II], has failed to perform satisfactorily as
748748 required by Subsection (a), but who receives a score of proficient
749749 on the Texas Success Initiative (TSI) diagnostic assessment for the
750750 corresponding subject for which the student failed to perform
751751 satisfactorily on the [end-of-course] assessment instrument
752752 satisfies the assessment requirement concerning mathematics [the
753753 Algebra I] or English language arts [II end-of-course assessment],
754754 as applicable. [This subsection expires September 1, 2017.]
755755 SECTION 27. Sections 39.0261(a) and (b), Education Code,
756756 are amended to read as follows:
757757 (a) In addition to the assessment instruments otherwise
758758 authorized or required by this subchapter,[:
759759 [(1)] each school year and at state cost, a school
760760 district shall administer to students in the spring of the eighth
761761 grade an established, valid, reliable, and nationally
762762 norm-referenced preliminary college preparation assessment
763763 instrument for the purpose of diagnosing the academic strengths and
764764 deficiencies of students before entrance into high school[;
765765 [(2) each school year and at state cost, a school
766766 district shall administer to students in the 10th grade an
767767 established, valid, reliable, and nationally norm-referenced
768768 preliminary college preparation assessment instrument for the
769769 purpose of measuring a student's progress toward readiness for
770770 college and the workplace; and
771771 [(3) high school students in the spring of the 11th
772772 grade or during the 12th grade may select and take once, at state
773773 cost, one of the valid, reliable, and nationally norm-referenced
774774 assessment instruments used by colleges and universities as part of
775775 their undergraduate admissions processes].
776776 (b) The agency shall:
777777 (1) select and approve vendors of the specific
778778 assessment instrument [instruments] administered under this
779779 section; and
780780 (2) provide reimbursement to a school district for all
781781 fees associated with the administration of the assessment
782782 instrument from funds appropriated for that purpose.
783783 SECTION 28. Section 39.034(d), Education Code, is amended
784784 to read as follows:
785785 (d) The agency shall determine the necessary annual
786786 improvement required each year for a student to be prepared to
787787 perform satisfactorily on, as applicable:
788788 (1) the grade five assessment instruments;
789789 (2) the grade eight assessment instruments; and
790790 (3) the [end-of-course] assessment instruments
791791 required under this subchapter for graduation.
792792 SECTION 29. Section 39.035, Education Code, is amended by
793793 amending Subsection (a) and adding Subsection (b-1) to read as
794794 follows:
795795 (a) Subject to Subsection (b) and except as provided by
796796 Subsection (b-1), the agency may conduct field testing of questions
797797 for any assessment instrument administered under Section
798798 39.023(a), (b), (c), (d), or (l) that is separate from the
799799 administration of the assessment instrument not more frequently
800800 than every other school year.
801801 (b-1) Subsection (a) does not apply to a nationally
802802 recognized, norm-referenced multiple subject assessment instrument
803803 or nationally recognized, norm-referenced specific subject test
804804 designated by the agency under Section 39.023(c).
805805 SECTION 30. The heading to Section 39.0381, Education Code,
806806 is amended to read as follows:
807807 Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER
808808 CONTRACTS FOR ASSESSMENT INSTRUMENTS; CONTRACT REVIEW.
809809 SECTION 31. Section 39.0381, Education Code, is amended by
810810 adding Subsection (b-1) to read as follows:
811811 (b-1) Not later than 180 days before the date of the
812812 expiration of a contract related to an assessment instrument
813813 required under Section 39.023(c), the agency shall conduct a
814814 comprehensive review of the contract to evaluate entering into a
815815 renewal of the contract. In conducting a review under this
816816 subsection, the agency shall:
817817 (1) determine whether the vendor's performance
818818 compliance under the contract has met or exceeded the agency's
819819 performance standards;
820820 (2) determine whether the terms of the contract are
821821 sufficient to meet the continuing needs of the agency; and
822822 (3) identify any appropriate modifications to the
823823 terms of the contract.
824824 SECTION 32. Section 51.3062(q), Education Code, is amended
825825 to read as follows:
826826 (q) A student who has achieved scores set by the board on the
827827 questions developed for end-of-course assessment instruments under
828828 Section 39.0233(a), as that section existed before repeal by _.B.
829829 ___, Acts of the 85th Legislature, Regular Session, 2017, is exempt
830830 from the requirements of this section. The exemption is effective
831831 for the three-year period following the date a student takes the
832832 last assessment instrument for purposes of this section and
833833 achieves the standard set by the board. This subsection does not
834834 apply during any period for which the board designates the
835835 questions developed for end-of-course assessment instruments under
836836 Section 39.0233(a), as that section existed before repeal by _.B.
837837 ___, Acts of the 85th Legislature, Regular Session, 2017, as the
838838 primary assessment instrument under this section, except that the
839839 three-year period described by this subsection remains in effect
840840 for students who qualify for an exemption under this subsection
841841 before that period.
842842 SECTION 33. (a) Effective August 31, 2017, the following
843843 sections of the Education Code are repealed:
844844 (1) Section 28.0258(l); and
845845 (2) Section 28.0259(e).
846846 (b) Effective September 1, 2018, the following sections of
847847 the Education Code are repealed:
848848 (1) Section 39.023(c-6);
849849 (2) Section 39.0233;
850850 (3) Section 39.025(e-1);
851851 (4) Section 39.0261(e);
852852 (5) Section 39.053(d-1); and
853853 (6) Section 39.203(d).
854854 SECTION 34. (a) Except as provided by Subsection (b) of this
855855 section, this Act applies beginning with the 2018-2019 school year.
856856 (b) Subsection (a) of this section does not apply to a
857857 provision of this Act that is effective August 31, 2017.
858858 SECTION 35. Except as otherwise provided by this Act, this
859859 Act takes effect immediately if it receives a vote of two-thirds of
860860 all the members elected to each house, as provided by Section 39,
861861 Article III, Texas Constitution. If this Act does not receive the
862862 vote necessary for immediate effect, this Act takes effect
863863 September 1, 2017.