85R2000 CAE-D
By: Bell H.B. No. 1191
A BILL TO BE ENTITLED
AN ACT
relating to secondary-level assessment of public school students
and the use of individual graduation committees to satisfy certain
public high school graduation requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective August 31, 2017, Section 12.104(b-2),
Education Code, is amended to read as follows:
(b-2) An open-enrollment charter school is subject to the
requirement to establish an individual graduation committee under
Section 28.0258. [This subsection expires September 1, 2017.]
SECTION 2. Section 18.006(b), Education Code, is amended to
read as follows:
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of:
(1) student performance on the [end-of-course]
assessment instruments required by Section 39.023(c); and
(2) dropout rates, including dropout rates and diploma
program completion rates for the grade levels served by the diploma
program.
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 Section 39.025 through successful performance on
comparable [end-of-course or other exit-level] assessment
instruments administered in another state; and
(2) include appropriate criteria developed by the
agency.
SECTION 4. Section 28.014(a), Education Code, is amended to
read as follows:
(a) Each school district shall partner with at least one
institution of higher education to develop and provide courses in
college preparatory mathematics and English language arts. The
courses must be designed:
(1) for students at the 12th grade level whose
performance on:
(A) an [end-of-course] assessment instrument
required under Section 39.023(c) does not meet college readiness
standards; or
(B) coursework, a college entrance examination,
or an assessment instrument designated under Section 51.3062(c)
indicates that the student is not ready to perform entry-level
college coursework; and
(2) to prepare students for success in entry-level
college courses.
SECTION 5. Section 28.0211(o), Education Code, is amended
to read as follows:
(o) This section does not require the administration of
a fifth [or eighth] grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth [or eighth]
grade[, as applicable,] if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Section 39.023(a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Section 39.023(c) for the course].
SECTION 6. Section 28.0217, Education Code, is amended to
read as follows:
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
STUDENTS. (a) Each time a student fails to perform satisfactorily
on an assessment instrument required [administered] under Section
39.023(c), the school district in which the student attends school
shall provide to the student accelerated instruction in the
applicable subject area, using funds appropriated for accelerated
instruction under Section 28.0211.
(b) Accelerated instruction may require participation of
the student before or after normal school hours and may include
participation at times of the year outside normal school
operations. The district shall schedule accelerated instruction in
a manner that provides adequate flexibility in the student's
schedule to ensure that the student is academically on track to
complete the student's personal graduation plan.
SECTION 7. Section 28.023(c), Education Code, is amended to
read as follows:
(c) A school district shall give a student in grade level
six or above credit for a subject on the basis of an examination for
credit in the subject approved by the board of trustees under
Subsection (a) if the student scores in the 80th percentile or above
on the examination or if the student achieves a score as provided by
Subsection (c-1). If a student is given credit in a subject on the
basis of an examination, the district shall enter the examination
score on the student's transcript and the student is not required to
take for that subject an [end-of-course] assessment instrument
adopted under Section 39.023(c) [for that subject].
SECTION 8. Section 28.025(b-4), Education Code, is 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 administered the applicable
end-of-course assessment instrument as provided by Sections
39.023(c) and 39.025].
SECTION 9. Effective August 31, 2017, Section 28.025(c-6),
Education Code, is amended to read as follows:
(c-6) Notwithstanding Subsection (c), a person may receive
a diploma if the person is eligible for a diploma under Section
28.0258. [This subsection expires September 1, 2017.]
SECTION 10. Section 28.0255, Education Code, is amended by
amending Subsections (g) and (h) and adding Subsection (g-1) to
read as follows:
(g) A student entering the ninth grade during the 2018-2019
school year 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].
(g-1) A student other than a student described by Subsection
(g) 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 assessment instruments
listed under Section 39.023(c), as that section existed before
amendment by _.B. ___, Acts of the 85th Legislature, Regular
Session, 2017, for courses in which the student was enrolled.
(h) For purposes of Subsections [Subsection] (g)(2) and
(g-1)(2), the commissioner shall determine the level of
satisfactory performance on applicable [end-of-course] assessment
instruments administered to a student.
SECTION 11. Section 28.0258, Education Code, is amended by
amending Subsections (a), (b), (e), (f), (h), (j), and (k) and
adding Subsections (m) and (n) to read as follows:
(a) This section applies only to an 11th or 12th grade
student who has failed to comply with the [end-of-course]
assessment instrument performance requirements under Section
39.025 for not more than two subjects identified under Section
39.023(c) [courses].
(b) For each student to whom this section applies, the
school district that the student attends shall establish an
individual graduation committee at the end of or after the
student's 11th grade year to determine whether the student may
qualify to graduate as provided by this section. A student may not
qualify to graduate under this section before the student's 12th
grade year. The committee shall be composed of:
(1) the principal or principal's designee;
(2) for each subject identified under Section
39.023(c) for [end-of-course assessment instrument on] which the
student failed to perform satisfactorily on the appropriate
corresponding required assessment instrument, a [the] teacher of
the student in that subject, designated by the principal [course];
(3) the department chair or lead teacher supervising
the teacher described by Subdivision (2); and
(4) as applicable:
(A) the student's parent or person standing in
parental relation to the student;
(B) a designated advocate described by
Subsection (c) if the person described by Paragraph (A) is unable to
serve; or
(C) the student, at the student's option, if the
student is at least 18 years of age or is an emancipated minor.
(e) To be eligible to graduate and receive a high school
diploma under this section, a student must successfully complete
the curriculum requirements required for high school graduation:
(1) identified by the State Board of Education under
Section 28.025(a); or
(2) as otherwise provided by the transition plan
adopted by the commissioner to implement and administer the
amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
Legislature, Regular Session, 2013, replacing the minimum,
recommended, and advanced high school programs with the foundation
high school program [under Section 28.025(h)].
(f) Notwithstanding any other law, a student's individual
graduation committee established under this section shall
recommend additional requirements by which the student may qualify
to graduate, including:
(1) additional remediation; and
(2) for each [end-of-course] assessment instrument
required under Section 39.023(c) on which the student failed to
perform satisfactorily:
(A) the completion of a project related to the
subject area [of the course] that demonstrates proficiency in the
subject area; or
(B) the preparation of a portfolio of work
samples in the subject area [of the course], including work samples
[from the course] that demonstrate proficiency in the subject area.
(h) In determining whether a student for whom an individual
graduation committee is established is qualified to graduate, the
committee shall consider:
(1) the recommendation of the student's teacher in
each course of the subject for which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument;
(2) the student's grade in each course of the subject
for which the student failed to perform satisfactorily on an
[end-of-course] assessment instrument;
(3) the student's score on each [end-of-course]
assessment instrument required under Section 39.023(c) on which the
student failed to perform satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (f);
(5) the number of hours of remediation that the
student has attended, including[:
[(A) attendance in a college preparatory course
required under Section 39.025(b-2), if applicable; or
[(B)] attendance in and successful completion of
a transitional college course in reading or mathematics;
(6) the student's school attendance rate;
(7) the student's satisfaction of any of the Texas
Success Initiative (TSI) college readiness benchmarks prescribed
by the Texas Higher Education Coordinating Board;
(8) the student's successful completion of a dual
credit course in English, mathematics, science, or social studies;
(9) the student's successful completion of a high
school pre-advanced placement, advanced placement, or
international baccalaureate program course in English,
mathematics, science, or social studies;
(10) the student's rating of advanced high on the most
recent high school administration of the Texas English Language
Proficiency Assessment System;
(11) the student's score of 50 or greater on a
College-Level Examination Program examination;
(12) the student's score on:
(A) the ACT or[,] the SAT, if not otherwise
considered under Subdivision (3); or
(B) the Armed Services Vocational Aptitude
Battery test;
(13) the student's completion of a sequence of courses
under a career and technical education program required to attain
an industry-recognized credential or certificate;
(14) the student's overall preparedness for
postsecondary success; and
(15) any other academic information designated for
consideration by the board of trustees of the school district.
(j) Notwithstanding any action taken by an individual
graduation committee under this section, a school district shall
administer an [end-of-course] assessment instrument required under
Section 39.023(c) to any student who fails to perform
satisfactorily on an [end-of-course] assessment instrument
required under Section 39.023(c) as provided by Section 39.025(b).
For purposes of Section 39.053(c)(1), an assessment instrument
administered as provided by this subsection is considered an
assessment instrument required for graduation retaken by a student.
(k) The commissioner shall adopt rules as necessary to
administer [implement] this section [not later than the 2015-2016
school year].
(m) For a student subject to Section 39.025(f)(1):
(1) for purposes of Subsection (a), this section
applies only to an 11th or 12th grade student who has failed to
comply with the end-of-course assessment instrument performance
requirements under Section 39.025, as that section existed before
amendment by __.B. ___, Acts of the 85th Legislature, Regular
Session, 2017, for not more than two courses listed in Section
39.023(c), as that section existed before amendment by _.B. ___,
Acts of the 85th Legislature, Regular Session, 2017;
(2) for purposes of the composition of an individual
graduation committee under Subsection (b)(2), the committee shall
include the teacher of the course for each end-of-course assessment
instrument described by Subdivision (1) for which the student
failed to perform satisfactorily;
(3) for purposes of Subsection (h)(1), an individual
graduation committee shall consider the recommendation of the
teacher described by Subdivision (2); and
(4) for purposes of Subsection (h)(2), an individual
graduation committee shall consider the student's grade in each
course described by Subdivision (2).
(n) Subsection (m) and this subsection expire September 1,
2023.
SECTION 12. Section 29.081, Education Code, is amended by
amending Subsections (b) and (b-1) and adding Subsection (b-4) to
read as follows:
(b) Each district shall provide accelerated instruction to
a student enrolled in the district who has taken an [end-of-course]
assessment instrument required [administered] under Section
39.023(c) and has not performed satisfactorily on the assessment
instrument or who is at risk of dropping out of school.
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument
required for graduation.
(b-4) Each time the agency designates or adopts an
assessment instrument or test under Section 39.023(c), each school
district shall use the performance data from the assessment
instrument or test to modify as necessary the accelerated
instructional services provided to students who have not performed
satisfactorily on the assessment instrument or test.
SECTION 13. 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 any [the] appropriate
[end-of-course] assessment instrument [instruments] specified by
Section 39.023(c) that is administered before the student enters
[entering] the program and must take any [each] appropriate
[end-of-course] assessment instrument that is administered 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.
SECTION 14. 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 perform satisfactorily on:
(A) an [end-of-course] assessment instrument
required [administered] under Section 39.023(c);
(B) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by _.B.
___, Acts of the 85th Legislature, Regular Session, 2017; or
(C) 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.
SECTION 15. Sections 39.023(a-2), (c-1), (c-3), (e), and
(p), Education Code, as effective September 1, 2017, are amended to
read as follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Subsection (a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course].
(c-1) If the [The] agency develops an [shall develop any]
assessment instrument required under this section, the agency shall
develop the assessment instrument in a manner that allows for the
measurement of annual improvement in student achievement as
required by Sections 39.034(c) and (d). If the agency designates or
adopts an assessment instrument under Subsection (c), the agency
shall ensure that the performance data from the assessment
instrument may be used for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
(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
instruments in English I and English II must be permitted to occur
at an earlier date].
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), [(c),] (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
This subsection applies in the same manner to each administered
assessment instrument adopted under Subsection (c) that is not a
nationally recognized, norm-referenced assessment instrument or
test [During the 2014-2015 and 2015-2016 school years, the agency
shall release the questions and answer keys to assessment
instruments as described by this subsection each year].
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a)[, (c),] or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a); and
(3) [the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
[(4)] the corresponding scale score [scores].
SECTION 16. Section 39.023, Education Code, is amended by
amending Subsections (c), (c-2), (c-4), (c-5), (d), (f), (g), (h),
and (i) and adding Subsections (h-1) and (p-1) to read as follows:
(c) The agency shall also provide for [adopt end-of-course]
assessment instruments for each federally required secondary-level
subject, including mathematics, English language arts, and science
[courses in Algebra I, biology, English I, English II, and United
States history]. To the extent practicable, the commissioner shall
designate an appropriate, nationally recognized, norm-referenced
assessment instrument, offered by a nationally recognized vendor,
to assess students in two or more subjects identified under this
subsection. If an appropriate, nationally recognized,
norm-referenced assessment instrument is not available to assess
all subjects identified under this section, the commissioner shall,
for each subject not included, designate an appropriate, nationally
recognized, norm-referenced specific subject test offered by a
nationally recognized vendor. If an appropriate nationally
recognized, norm-referenced multiple subject assessment instrument
or an appropriate nationally recognized, norm-referenced specific
subject test is not available to assess a specific subject, the
commissioner shall adopt a specific subject assessment instrument
for that subject. An [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 instrument or
test designated or adopted under this subsection [instruments] must
[each] assess essential knowledge and skills in the appropriate
subject [in both reading and writing in the same assessment
instrument and must provide a single score]. Before the agency
designates or adopts an assessment instrument or test, the agency
shall develop evidence, through a peer review process, to
demonstrate that the assessment instrument or test is aligned with
the essential knowledge and skills for the appropriate subject. A
school district shall comply with State Board of Education rules
regarding administration of an [the] assessment instrument
required under [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
or test 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-2) The agency may adopt [end-of-course] assessment
instruments for secondary-level subjects [courses] not identified
[listed] in Subsection (c). A student's performance on an
[end-of-course] assessment instrument adopted under this
subsection is not subject to the performance requirements
established under [Subsection (c) or] Section 39.025.
(c-4) To the extent practicable and subject to Section
39.024, the agency shall ensure that each [end-of-course]
assessment instrument designated or adopted under Subsection (c)
is:
(1) capable of measuring [developed in a manner that
measures] a student's performance under the college readiness
standards established under Section 28.008; and
(2) validated by national postsecondary education
experts for college readiness content and performance standards.
(c-5) A student's performance on an [end-of-course]
assessment instrument required under Subsection (c) must be
included in the student's academic achievement record.
(d) The commissioner may participate in multistate efforts
to develop voluntary standardized secondary-level [end-of-course]
assessment instruments. [The commissioner by rule may require a
school district to administer an end-of-course assessment
instrument developed through the multistate efforts.] The
admission, review, and dismissal committee of a student in a
special education program under Subchapter A, Chapter 29, shall
determine whether any allowable modification is necessary in
administering to the student an [end-of-course] assessment
instrument.
(f) An [The] assessment instrument may not be designated or
adopted under this section unless the assessment instrument is
[instruments shall be] designed to include assessment of a
student's problem-solving ability and complex-thinking skills
using a method of assessing those abilities and skills that is
demonstrated to be highly reliable.
(g) A [The State Board of Education may adopt one
appropriate,] nationally recognized, norm-referenced multiple
subject assessment instrument or nationally recognized,
norm-referenced specific subject test designated by the agency
under Subsection (c) [in reading and mathematics to be administered
to a selected sample of students in the spring. If adopted, a
norm-referenced assessment instrument] must be a secured test. The
commissioner shall contract with a nationally recognized vendor to
administer each assessment instrument or test described by this
subsection, complete the scoring of each assessment instrument or
test, and distribute within a reasonable period the results to the
agency and the relevant results to each school district. As soon as
practicable after the district receives the results from the vendor
under this subsection, the district shall:
(1) distribute the relevant results to each district
campus; and
(2) provide written notice to the student and the
person standing in parental relation to the student that states the
student's results and whether the student performed satisfactorily
on the assessment instrument or test [The state may pay the costs of
purchasing and scoring the adopted assessment instrument and of
distributing the results of the adopted instrument to the school
districts. A district that administers the norm-referenced test
adopted under this subsection shall report the results to the
agency in a manner prescribed by the commissioner].
(h) Except as provided by Subsection (g), the [The] agency
shall notify school districts and campuses of the results of
assessment instruments administered under this section not later
than the 21st day after the date the assessment instrument is
administered.
(h-1) A [The] school district shall disclose to each
district teacher the results of assessment instruments
administered to students taught by the teacher in the subject for
the school year in which the assessment instrument is administered.
(i) Except as provided by this subsection, the [The]
provisions of this section[, except Subsection (d),] are subject to
modification by rules adopted under Section 39.022. The provisions
of Subsection (d) and the provisions requiring the agency to
designate a nationally recognized, norm-referenced multiple
subject assessment instrument or nationally recognized,
norm-referenced specific subject test are not subject to
modification by rules adopted under Section 39.022. Each
assessment instrument adopted under [those] rules adopted under
Section 39.022 and each assessment instrument required under
Subsections (c) and [Subsection] (d) must be reliable and valid and
must meet any applicable federal requirements for measurement of
student progress.
(p-1) On or before September 1 of each year, the
commissioner shall make the following information available on the
agency's Internet website for each assessment instrument required
under Subsection (c) that is not a norm-referenced assessment
instrument or test:
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale score.
SECTION 17. The heading to 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.
SECTION 18. Sections 39.0232(a), (b), and (c), Education
Code, are amended to read as follows:
(a) To the extent practicable, the agency shall ensure that
any high school [end-of-course] assessment instrument designated
or adopted under Section 39.023(c) [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 required under Section 39.023(c) 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 criterion 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 required under Section
39.023(c) in addition to other criteria.
SECTION 19. Section 39.0234, Education Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) Except as provided by Subsection (b), the [The] agency
shall ensure that assessment instruments required under Section
39.023 are capable of being administered by computer. The
commissioner may not require a school district or open-enrollment
charter school to administer an assessment instrument by computer.
(b) Subsection (a) does not apply to a nationally
recognized, norm-referenced multiple subject assessment instrument
or nationally recognized, norm-referenced specific subject test
designated by the agency under Section 39.023(c).
SECTION 20. Section 39.024(i), Education Code, is amended
to read as follows:
(i) The agency shall gather data and conduct research to
substantiate any correlation between a certain level of performance
by students on [end-of-course] assessment instruments required
under Section 39.023(c) and success in:
(1) military service; or
(2) a workforce training, certification, or other
credential program at a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
SECTION 21. Section 39.0241(a), Education Code, is amended
to read as follows:
(a) The commissioner shall determine the level of
performance considered to be satisfactory on the assessment
instruments. In determining the level of performance considered
satisfactory on an assessment instrument required under Section
39.023(c), the commissioner shall consult with the commissioner of
higher education and the executive director of the Texas Workforce
Commission.
SECTION 22. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (a-4), (b), (b-1), and (f) and
adding Subsection (f-1) to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered an [end-of-course] assessment instrument required
under [listed in] Section 39.023(c) during the student's 10th or
11th grade year [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 a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a), on each [end-of-course]
assessment instrument administered to the student. [For each scale
score required under this subsection that is not based on a
100-point scale scoring system, the commissioner shall provide for
conversion, in accordance with commissioner rule, of the scale
score to an equivalent score based on a 100-point scale scoring
system.] A student may not receive a high school diploma until the
student has performed satisfactorily on [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) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who satisfies the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.3062(f) on an assessment instrument
designated by the Texas Higher Education Coordinating Board under
Section 51.3062(c) administered at the end of the college
preparatory mathematics or English language arts course satisfies
the assessment requirement [requirements] concerning mathematics
[and is exempt from the administration of the Algebra I] or [the
English I and] English language arts [II end-of-course assessment
instruments], as applicable, [as prescribed by Section 39.023(c),]
even if the student did not perform satisfactorily on a previous
administration of the applicable portion of a norm-referenced
multiple subject assessment instrument or applicable
norm-referenced specific subject test or [end-of-course]
assessment instrument required under Section 39.023(c). A student
who fails to perform satisfactorily on the assessment instrument
designated by the Texas Higher Education Coordinating Board under
Section 51.3062(c) administered as provided by this subsection may
retake that assessment instrument for purposes of this subsection
or may take the appropriate [end-of-course] assessment instrument
required under Section 39.023(c).
(a-4) The admission, review, and dismissal committee of a
student in a special education program under Subchapter A, Chapter
29, shall determine whether, to receive a high school diploma, the
student is required to achieve satisfactory performance on
[end-of-course] assessment instruments required under Section
39.023(c).
(b) Each time an [end-of-course] assessment instrument
required [adopted] under Section 39.023(c) is administered, a
student who failed to achieve a score requirement under Subsection
(a) may retake the assessment instrument. A student is not required
to retake a course as a condition of retaking an [end-of-course]
assessment instrument.
(b-1) A school district shall provide each student who fails
to perform satisfactorily as determined by the commissioner under
Section 39.0241(a) on an [end-of-course] assessment instrument
required under Section 39.023(c) with accelerated instruction in
the subject assessed by the assessment instrument.
(f) The commissioner shall by rule adopt a transition plan
to implement the amendments made by __.B. __, Acts of the 85th
Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007], replacing
[general subject assessment instruments administered at the high
school level with] end-of-course assessment instruments with
assessment instruments designated or adopted under Section
39.023(c). The rules must provide for the [end-of-course]
assessment instruments designated or adopted under Section
39.023(c) to be administered beginning with students entering the
ninth grade during the 2018-2019 [2011-2012] school year. During
the period under which the transition to [end-of-course] assessment
instruments designated or adopted under Section 39.023(c) is made:
(1) for students entering a grade above the ninth
grade during the 2018-2019 [2011-2012] school year, the
commissioner shall retain, administer, and use for purposes of
accreditation and other campus and district accountability
measures under this chapter the end-of-course assessment
instruments required by Section 39.023(c) [39.023(a) or (c)], as
that section existed before amendment by __.B. __, Acts of the 85th
Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007]; and
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless:
(A) the student complies with this section [has
performed satisfactorily on each required assessment instrument
administered under Section 39.023(c)] as it [that section] existed
before amendment by __.B. __, Acts of the 85th Legislature, Regular
Session, 2017; or
(B) an individual graduation committee
established under Section 28.0258 determines that the student is
eligible to receive a high school diploma [Chapter 1312 (S.B.
No. 1031), Acts of the 80th Legislature, Regular Session, 2007].
(f-1) For purposes of Subsection (f), a reference in this
code to an assessment instrument under Section 39.023(c) includes
an end-of-course assessment instrument administered under Section
39.023(c), as that section existed before amendment by __.B. __,
Acts of the 85th Legislature, Regular Session, 2017.
SECTION 23. Effective August 31, 2017, Section 39.025(a-2),
Education Code, as added by Chapter 5 (S.B. 149), Acts of the 84th
Legislature, Regular Session, 2015, is amended to read as follows:
(a-2) Notwithstanding Subsection (a), a student who has
failed to perform satisfactorily on [end-of-course] assessment
instruments in the manner provided under this section may receive a
high school diploma if the student has qualified for graduation
under Section 28.0258. [This subsection expires September 1,
2017.]
SECTION 24. Section 39.025(a-2), Education Code, as added
by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a-2) Unless an assessment instrument is the assessment
instrument designated by the agency as the assessment instrument
required under Section 39.023(c), the [The] commissioner shall
determine a method by which a student's satisfactory performance on
an advanced placement test, an international baccalaureate
examination, an SAT Subject Test, the SAT, the ACT, or any
nationally recognized norm-referenced assessment instrument used
by institutions of higher education to award course credit based on
satisfactory performance on the assessment instrument shall be used
to satisfy the requirements concerning an [end-of-course]
assessment instrument required under Section 39.023(c) in an
equivalent subject [course] as prescribed by Subsection (a).
Unless an assessment instrument is the assessment instrument
designated by the agency as the assessment instrument required
under Section 39.023(c), the [The] commissioner shall determine a
method by which a student's satisfactory performance on the PSAT or
the ACT-Plan shall be used to satisfy the requirements concerning
an [end-of-course] assessment instrument required under Section
39.023(c) in an equivalent subject [course] as prescribed by
Subsection (a). A student who fails to perform satisfactorily on a
test or other assessment instrument authorized under this
subsection, other than the PSAT or the ACT-Plan, may retake that
test or other assessment instrument for purposes of this subsection
or may take the appropriate [end-of-course] assessment instrument
required under Section 39.023(c). A student who fails to perform
satisfactorily on the PSAT or the ACT-Plan must take the
appropriate [end-of-course] assessment instrument required under
Section 39.023(c). The commissioner shall adopt rules as necessary
for the administration of this subsection.
SECTION 25. Effective August 31, 2017, Section 39.025(a-3),
Education Code, is amended to read as follows:
(a-3) A student who, after retaking an end-of-course
assessment instrument for Algebra I or English II, has failed to
perform satisfactorily as required by Subsection (a), but who
receives a score of proficient on the Texas Success Initiative
(TSI) diagnostic assessment for the corresponding subject for which
the student failed to perform satisfactorily on the end-of-course
assessment instrument satisfies the requirement concerning the
Algebra I or English II end-of-course assessment, as applicable.
[This subsection expires September 1, 2017.]
SECTION 26. Effective September 1, 2018, Section
39.025(a-3), Education Code, is amended to read as follows:
(a-3) A student who, after retaking an [end-of-course]
assessment instrument for mathematics [Algebra I] or English
language arts [II], has failed to perform satisfactorily as
required by Subsection (a), but who receives a score of proficient
on the Texas Success Initiative (TSI) diagnostic assessment for the
corresponding subject for which the student failed to perform
satisfactorily on the [end-of-course] assessment instrument
satisfies the assessment requirement concerning mathematics [the
Algebra I] or English language arts [II end-of-course assessment],
as applicable. [This subsection expires September 1, 2017.]
SECTION 27. Sections 39.0261(a) and (b), Education Code,
are amended to read as follows:
(a) In addition to the assessment instruments otherwise
authorized or required by this subchapter,[:
[(1)] each school year and at state cost, a school
district shall administer to students in the spring of the eighth
grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and
deficiencies of students before entrance into high school[;
[(2) each school year and at state cost, a school
district shall administer to students in the 10th grade an
established, valid, reliable, and nationally norm-referenced
preliminary college preparation assessment instrument for the
purpose of measuring a student's progress toward readiness for
college and the workplace; and
[(3) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost, one of the valid, reliable, and nationally norm-referenced
assessment instruments used by colleges and universities as part of
their undergraduate admissions processes].
(b) The agency shall:
(1) select and approve vendors of the specific
assessment instrument [instruments] administered under this
section; and
(2) provide reimbursement to a school district for all
fees associated with the administration of the assessment
instrument from funds appropriated for that purpose.
SECTION 28. 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 this subchapter for graduation.
SECTION 29. Section 39.035, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Subject to Subsection (b) and except as provided by
Subsection (b-1), the agency may conduct field testing of questions
for any assessment instrument administered under Section
39.023(a), (b), (c), (d), or (l) that is separate from the
administration of the assessment instrument not more frequently
than every other school year.
(b-1) Subsection (a) does not apply to a nationally
recognized, norm-referenced multiple subject assessment instrument
or nationally recognized, norm-referenced specific subject test
designated by the agency under Section 39.023(c).
SECTION 30. The heading to Section 39.0381, Education Code,
is amended to read as follows:
Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER
CONTRACTS FOR ASSESSMENT INSTRUMENTS; CONTRACT REVIEW.
SECTION 31. Section 39.0381, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Not later than 180 days before the date of the
expiration of a contract related to an assessment instrument
required under Section 39.023(c), the agency shall conduct a
comprehensive review of the contract to evaluate entering into a
renewal of the contract. In conducting a review under this
subsection, the agency shall:
(1) determine whether the vendor's performance
compliance under the contract has met or exceeded the agency's
performance standards;
(2) determine whether the terms of the contract are
sufficient to meet the continuing needs of the agency; and
(3) identify any appropriate modifications to the
terms of the contract.
SECTION 32. Section 51.3062(q), Education Code, is amended
to read as follows:
(q) A student who has achieved scores set by the board on the
questions developed for end-of-course assessment instruments under
Section 39.0233(a), as that section existed before repeal by _.B.
___, Acts of the 85th Legislature, Regular Session, 2017, is exempt
from the requirements of this section. The exemption is effective
for the three-year period following the date a student takes the
last assessment instrument for purposes of this section and
achieves the standard set by the board. This subsection does not
apply during any period for which the board designates the
questions developed for end-of-course assessment instruments under
Section 39.0233(a), as that section existed before repeal by _.B.
___, Acts of the 85th Legislature, Regular Session, 2017, as the
primary assessment instrument under this section, except that the
three-year period described by this subsection remains in effect
for students who qualify for an exemption under this subsection
before that period.
SECTION 33. (a) Effective August 31, 2017, the following
sections of the Education Code are repealed:
(1) Section 28.0258(l); and
(2) Section 28.0259(e).
(b) Effective September 1, 2018, the following sections of
the Education Code are repealed:
(1) Section 39.023(c-6);
(2) Section 39.0233;
(3) Section 39.025(e-1);
(4) Section 39.0261(e);
(5) Section 39.053(d-1); and
(6) Section 39.203(d).
SECTION 34. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2018-2019 school year.
(b) Subsection (a) of this section does not apply to a
provision of this Act that is effective August 31, 2017.
SECTION 35. Except as otherwise provided by this Act, 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, 2017.