Texas 2017 - 85th Regular

Texas House Bill HB3104 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: VanDeaver H.B. No. 3104
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the assessment of public school students in writing and
7	7	English language arts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.005(c), Education Code, is amended to
10	10	read as follows:
11	11	(c) A Job Corps diploma program shall:
12	12	(1) develop educational programs specifically
13	13	designed for persons eligible for enrollment in a Job Corps
14	14	training program established by the United States Department of
15	15	Labor;
16	16	(2) coordinate educational programs and services in
17	17	the diploma program with programs and services provided by the
18	18	United States Department of Labor and other federal and state
19	19	agencies and local political subdivisions and by persons who
20	20	provide programs and services under contract with the United States
21	21	Department of Labor;
22	22	(3) provide a course of instruction that includes the
23	23	required curriculum under Subchapter A, Chapter 28;
24	24	(4) require that students enrolled in the diploma
25	25	program satisfy the requirements of Sections 18.0055 and [Section]
26	26	39.025 before receiving a diploma under this chapter; and
27	27	(5) comply with a requirement imposed under this title
28	28	or a rule adopted under this title relating to the Public Education
29	29	Information Management System (PEIMS) to the extent necessary to
30	30	determine compliance with this chapter, as determined by the
31	31	commissioner.
32	32	SECTION 2. Chapter 18, Education Code, is amended by adding
33	33	Section 18.0055 to read as follows:
34	34	Sec. 18.0055. LOCAL ASSESSMENT REQUIRED: WRITING. A Job
35	35	Corps diploma program shall provide for the evaluation of student
36	36	achievement in writing consistent with the requirements provided
37	37	for school districts under Section 39.0264 for courses listed under
38	38	Section 39.0264(b). A Job Corps diploma program shall provide for
39	39	notice and reporting of performance of students assessed consistent
40	40	with the requirements under Section 39.0264.
41	41	SECTION 3. Section 25.005(b), Education Code, is amended to
42	42	read as follows:
43	43	(b) A reciprocity agreement must:
44	44	(1) address procedures for:
45	45	(A) transferring student records;
46	46	(B) awarding credit for completed course work;
47	47	and
48	48	(C) permitting a student to satisfy the
49	49	requirements of:
50	50	(i) Section 39.025 through successful
51	51	performance on comparable end-of-course or other exit-level
52	52	assessment instruments administered in another state; and
53	53	(ii) Section 39.0264(b) through successful
54	54	performance under a method of assessment in another state
55	55	determined by the school district in which the student attends to be
56	56	comparable to or at least as rigorous as the method of assessment
57	57	used by that district; and
58	58	(2) include appropriate criteria developed by the
59	59	agency.
60	60	SECTION 4. Sections 28.025(b-4), (b-7), (c), and (d),
61	61	Education Code, are amended to read as follows:
62	62	(b-4) A school district may offer the curriculum described
63	63	in Subsections (b-1)(1) through (4) in an applied manner. Courses
64	64	delivered in an applied manner must cover the essential knowledge
65	65	and skills, and the student shall be:
66	66	(1) administered the applicable end-of-course
67	67	assessment instrument as provided by Sections 39.023(c) and 39.025;
68	68	and
69	69	(2) for an applicable course described by Subsection
70	70	(b-1)(1), assessed as provided by Section 39.0264(b).
71	71	(b-7) The State Board of Education, in coordination with the
72	72	Texas Higher Education Coordinating Board, shall adopt rules to
73	73	ensure that a student may comply with the curriculum requirements
74	74	under the foundation high school program or for an endorsement
75	75	under Subsection (c-1) by successfully completing appropriate
76	76	courses in the core curriculum of an institution of higher
77	77	education under Section 61.822. Notwithstanding Subsection (b-15)
78	78	or (c) of this section, Section 39.025 or 39.0264(b), or any other
79	79	provision of this code and notwithstanding any school district
80	80	policy, a student who has completed the core curriculum of an
81	81	institution of higher education under Section 61.822, as certified
82	82	by the institution in accordance with commissioner rule, is
83	83	considered to have earned a distinguished level of achievement
84	84	under the foundation high school program and is entitled to receive
85	85	a high school diploma from the appropriate high school as that high
86	86	school is determined in accordance with commissioner rule. A
87	87	student who is considered to have earned a distinguished level of
88	88	achievement under the foundation high school program under this
89	89	subsection may apply for admission to an institution of higher
90	90	education for the first semester or other academic term after the
91	91	semester or other academic term in which the student completes the
92	92	core curriculum.
93	93	(c) A person may receive a diploma if the person is eligible
94	94	for a diploma under Section 28.0251. In other cases, a student may
95	95	graduate and receive a diploma only if:
96	96	(1) the student successfully completes the curriculum
97	97	requirements identified by the State Board of Education under
98	98	Subsection (a) and complies with Sections [Section] 39.025 and
99	99	39.0264(b); or
100	100	(2) the student successfully completes an
101	101	individualized education program developed under Section 29.005.
102	102	(d) A school district may issue a certificate of coursework
103	103	completion to a student who successfully completes the curriculum
104	104	requirements identified by the State Board of Education under
105	105	Subsection (a) but who fails to comply with Section 39.025 or
106	106	39.0264(b). A school district may allow a student who receives a
107	107	certificate to participate in a graduation ceremony with students
108	108	receiving high school diplomas.
109	109	SECTION 5. Section 28.0255(g), Education Code, is amended
110	110	to read as follows:
111	111	(g) A student is entitled to a high school diploma if the
112	112	student:
113	113	(1) successfully complies with the curriculum
114	114	requirements specified under Subsection (e); [and]
115	115	(2) performs satisfactorily, as determined by the
116	116	commissioner under Subsection (h), on end-of-course assessment
117	117	instruments listed under Section 39.023(c) for courses in which the
118	118	student was enrolled; and
119	119	(3) demonstrates performance that indicates that the
120	120	student has successfully achieved the essential knowledge and
121	121	skills in writing, as determined by standards established by the
122	122	board of trustees of the school district, for each course listed
123	123	under Section 39.0264(b) in which the student is enrolled.
124	124	SECTION 6. Section 29.087(f), Education Code, is amended to
125	125	read as follows:
126	126	(f) A student participating in a program authorized by this
127	127	section, other than a student ordered to participate under
128	128	Subsection (d)(1), must have taken the appropriate end-of-course
129	129	assessment instruments specified by Section 39.023(c) and been
130	130	assessed for the appropriate courses as provided by Section
131	131	39.0264(b) before entering the program and must take each
132	132	appropriate end-of-course assessment instrument administered
133	133	during the period in which the student is enrolled in the program
134	134	and be assessed for each appropriate course as provided by Section
135	135	39.0264(b) during the period in which the student is enrolled in the
136	136	program. Except for a student ordered to participate under
137	137	Subsection (d)(1), a student participating in the program may not
138	138	take the high school equivalency examination unless the student has
139	139	taken the assessment instruments required by this subsection and
140	140	been assessed for the appropriate courses as provided by Section
141	141	39.0264(b) as required by this subsection.
142	142	SECTION 7. Section 29.402(b), Education Code, is amended to
143	143	read as follows:
144	144	(b) A person who is under 26 years of age is eligible to
145	145	enroll in a dropout recovery program under this subchapter if the
146	146	person:
147	147	(1) must complete not more than three course credits
148	148	to complete the curriculum requirements for the foundation high
149	149	school program for high school graduation; or
150	150	(2) has failed to:
151	151	(A) perform satisfactorily on an end-of-course
152	152	assessment instrument administered under Section 39.023(c) or an
153	153	assessment instrument administered under Section 39.023(c) as that
154	154	section existed before amendment by Chapter 1312 (S.B. 1031), Acts
155	155	of the 80th Legislature, Regular Session, 2007; or
156	156	(B) demonstrate satisfactory performance under
157	157	an assessment required by Section 39.0264(b).
158	158	SECTION 8. Section 30.021(e), Education Code, is amended to
159	159	read as follows:
160	160	(e) The school shall cooperate with public and private
161	161	agencies and organizations serving students and other persons with
162	162	visual impairments in the planning, development, and
163	163	implementation of effective educational and rehabilitative service
164	164	delivery systems associated with educating students with visual
165	165	impairments. To maximize and make efficient use of state
166	166	facilities, funding, and resources, the services provided in this
167	167	area may include conducting a cooperative program with other
168	168	agencies to serve students who have graduated from high school by
169	169	completing all academic requirements applicable to students in
170	170	regular education, excluding satisfactory performance under
171	171	Sections [Section] 39.025 and 39.0264(b), who are younger than 22
172	172	years of age on September 1 of the school year and who have
173	173	identified needs related to vocational training, independent
174	174	living skills, orientation and mobility, social and leisure skills,
175	175	compensatory skills, or remedial academic skills.
176	176	SECTION 9. Sections 30.104(b) and (c), Education Code, are
177	177	amended to read as follows:
178	178	(b) A student may graduate and receive a diploma from a
179	179	Texas Juvenile Justice Department [Youth Commission] educational
180	180	program if:
181	181	(1) the student successfully completes the curriculum
182	182	requirements identified by the State Board of Education under
183	183	Section 28.025(a) and complies with:
184	184	(A) Section 39.025; and
185	185	(B) Section 39.0264(b), including by
186	186	demonstrating satisfactory performance under the method of
187	187	assessment required by the school district granting the student
188	188	academic course requirements for high school graduation for a
189	189	course listed in Section 39.0264(b) that the student successfully
190	190	completes in Texas Juvenile Justice Department educational
191	191	programs; or
192	192	(2) the student successfully completes the curriculum
193	193	requirements under Section 28.025(a) as modified by an
194	194	individualized education program developed under Section 29.005.
195	195	(c) A Texas Juvenile Justice Department [Youth Commission]
196	196	educational program may issue a certificate of course-work
197	197	completion to a student who successfully completes the curriculum
198	198	requirements identified by the State Board of Education under
199	199	Section 28.025(a) but who fails to comply with Section 39.025 or
200	200	39.0264(b).
201	201	SECTION 10. Section 37.011, Education Code, is amended by
202	202	amending Subsection (d) and adding Subsection (d-1) to read as
203	203	follows:
204	204	(d) A juvenile justice alternative education program must
205	205	focus on English language arts, mathematics, science, social
206	206	studies, and self-discipline. Each school district shall consider
207	207	course credit earned by a student while in a juvenile justice
208	208	alternative education program as credit earned in a district
209	209	school. Each program shall administer assessment instruments under
210	210	Subchapter B, Chapter 39, shall assess students in applicable
211	211	grades and courses as provided by Subsection (d-1), and shall offer
212	212	a high school equivalency program. The juvenile board or the
213	213	board's designee, with the parent or guardian of each student,
214	214	shall regularly review the student's academic progress. In the
215	215	case of a high school student, the board or the board's designee,
216	216	with the student's parent or guardian, shall review the student's
217	217	progress towards meeting high school graduation requirements and
218	218	shall establish a specific graduation plan for the student. The
219	219	program is not required to provide a course necessary to fulfill a
220	220	student's high school graduation requirements other than a course
221	221	specified by this subsection.
222	222	(d-1) A juvenile justice alternative education program
223	223	shall provide for the evaluation of student achievement in writing
224	224	consistent with the requirements provided for school districts
225	225	under Section 39.0264. A juvenile justice alternative education
226	226	program shall provide for notice and reporting of performance of
227	227	students assessed consistent with the requirements under Section
228	228	39.0264.
229	229	SECTION 11. Section 39.023(a), Education Code, as effective
230	230	until on or before September 1, 2017, is amended to read as follows:
231	231	(a) The agency shall adopt or develop appropriate
232	232	criterion-referenced assessment instruments designed to assess
233	233	essential knowledge and skills in reading, English language arts
234	234	[writing], mathematics, social studies, and science. Except as
235	235	provided by Subsection (a-2), all students, other than students
236	236	assessed under Subsection (b) or (l) or exempted under Section
237	237	39.027, shall be assessed in:
238	238	(1) mathematics, annually in grades three through
239	239	seven without the aid of technology and in grade eight with the aid
240	240	of technology on any assessment instrument that includes algebra;
241	241	(2) reading, annually in grades three through eight;
242	242	(3) English language arts [writing], including
243	243	spelling and grammar, in grades four and seven;
244	244	(4) social studies, in grade eight;
245	245	(5) science, in grades five and eight; and
246	246	(6) any other subject and grade required by federal
247	247	law.
248	248	SECTION 12. Section 39.023(a), Education Code, as effective
249	249	on or before September 1, 2017, is amended to read as follows:
250	250	(a) The agency shall adopt or develop appropriate
251	251	criterion-referenced assessment instruments designed to assess
252	252	essential knowledge and skills in reading, English language arts
253	253	[writing], mathematics, social studies, and science. Except as
254	254	provided by Subsection (a-2), all students, other than students
255	255	assessed under Subsection (b) or (l) or exempted under Section
256	256	39.027, shall be assessed in:
257	257	(1) mathematics, in grades three and five without the
258	258	aid of technology and in grade eight with the aid of technology on
259	259	any assessment instrument that includes algebra;
260	260	(2) reading, in grades three, five, and eight;
261	261	(3) English language arts [writing], including
262	262	spelling and grammar, in grades four and seven;
263	263	(4) social studies, in grade eight; and
264	264	(5) science, in grades five and eight.
265	265	SECTION 13. Section 39.023(a), Education Code, as effective
266	266	September 1, 2018, is amended to read as follows:
267	267	(a) The agency shall adopt or develop appropriate
268	268	criterion-referenced assessment instruments designed to assess
269	269	essential knowledge and skills in reading, English language arts
270	270	[writing], mathematics, social studies, and science. Except as
271	271	provided by Subsection (a-2), all students, other than students
272	272	assessed under Subsection (b) or (l) or exempted under Section
273	273	39.027, shall be assessed in:
274	274	(1) mathematics, annually in grades three through
275	275	seven without the aid of technology and in grade eight with the aid
276	276	of technology on any assessment instrument that includes algebra;
277	277	(2) reading, annually in grades three through eight;
278	278	(3) English language arts [writing], including
279	279	spelling and grammar, in grades four and seven;
280	280	(4) social studies, in grade eight;
281	281	(5) science, in grades five and eight; and
282	282	(6) any other subject and grade required by federal
283	283	law.
284	284	SECTION 14. Section 39.023, Education Code, is amended by
285	285	adding Subsection (b-2) to read as follows:
286	286	(b-2) Notwithstanding any other provision of this section,
287	287	a student in a special education program under Subchapter A,
288	288	Chapter 29, may, with the approval of the student's parent or legal
289	289	guardian, opt out of the administration of an assessment instrument
290	290	in English language arts otherwise required under this section. If
291	291	a student opts out of an assessment instrument in accordance with
292	292	this subsection, the student's school district, in conjunction with
293	293	the student's admission, review, and dismissal committee, shall
294	294	adopt or develop an alternative assessment instrument in English
295	295	language arts to be administered to the student. Assessment
296	296	instruments adopted or developed under this subsection must be
297	297	approved by the student's district superintendent.
298	298	SECTION 15. Section 39.023, Education Code, is amended by
299	299	amending Subsection (c) and adding Subsection (q) to read as
300	300	follows:
301	301	(c) The agency shall also adopt end-of-course assessment
302	302	instruments for secondary-level courses in Algebra I, biology,
303	303	English I, English II, and United States history. The Algebra I
304	304	end-of-course assessment instrument must be administered with the
305	305	aid of technology. The English I and English II end-of-course
306	306	assessment instruments must each assess essential knowledge and
307	307	skills in both reading and language arts [writing] in the same
308	308	assessment instrument and must provide a single score. A school
309	309	district shall comply with State Board of Education rules regarding
310	310	administration of the assessment instruments listed in this
311	311	subsection. If a student is in a special education program under
312	312	Subchapter A, Chapter 29, the student's admission, review, and
313	313	dismissal committee shall determine whether any allowable
314	314	modification is necessary in administering to the student an
315	315	assessment instrument required under this subsection. The State
316	316	Board of Education shall administer the assessment instruments.
317	317	The State Board of Education shall adopt a schedule for the
318	318	administration of end-of-course assessment instruments that
319	319	complies with the requirements of Subsection (c-3).
320	320	(q) The assessment of a student's writing is governed by
321	321	Section 39.0264.
322	322	SECTION 16. Subchapter B, Chapter 39, Education Code, is
323	323	amended by adding Section 39.0264 to read as follows:
324	324	Sec. 39.0264. LOCAL ASSESSMENT REQUIRED: WRITING. (a) To
325	325	evaluate student achievement in writing, each school district shall
326	326	assess students in grades four and seven and at the end of English I
327	327	and English II secondary-level courses in accordance with the
328	328	essential knowledge and skills for writing. A district may use any
329	329	method the district determines appropriate for assessing students
330	330	under this section, including portfolio assessment.
331	331	(b) A student assessed at the end of an English I or English
332	332	II secondary-level course is required to demonstrate performance
333	333	that indicates the student has successfully achieved the essential
334	334	knowledge and skills in writing for the course as determined by
335	335	standards established by the board of trustees of the school
336	336	district the student attends. A student may not receive a high
337	337	school diploma until the student has demonstrated satisfactory
338	338	performance in the manner provided by this subsection.
339	339	(c) The school district a student attends shall provide
340	340	written notice of the performance of a student assessed as required
341	341	under this section to the student's parent or person standing in
342	342	parental relation to the student.
343	343	(d) Each school year, each school district shall prepare a
344	344	report of the performance of students assessed as required by this
345	345	section. The report must include information regarding the
346	346	aggregate student performance in each grade or course required by
347	347	this section:
348	348	(1) for the district; and
349	349	(2) for each campus in the district.
350	350	(e) The report prepared under Subsection (d) must be:
351	351	(1) filed with:
352	352	(A) the agency; and
353	353	(B) the board of trustees of the school district;
354	354	and
355	355	(2) posted on the district's Internet website.
356	356	(f) For an assessment required by this section, a school
357	357	district is subject only to the notice and reporting requirements
358	358	provided by this section.
359	359	SECTION 17. Section 39.034(d), Education Code, is amended
360	360	to read as follows:
361	361	(d) The agency shall determine the necessary annual
362	362	improvement required each year for a student to be prepared to
363	363	perform satisfactorily on, as applicable:
364	364	(1) the grade five assessment instruments;
365	365	(2) the grade eight assessment instruments; and
366	366	(3) the end-of-course assessment instruments required
367	367	under Section 39.023 [this subchapter for graduation].
368	368	SECTION 18. Not later than September 1, 2018, the Texas
369	369	Education Agency shall adopt or develop appropriate
370	370	criterion-referenced assessment instruments designed to assess
371	371	essential knowledge and skills in English language arts as required
372	372	by Section 39.023, Education Code, as amended by this Act.
373	373	SECTION 19. This Act applies beginning with the 2017-2018
374	374	school year.
375	375	SECTION 20. This Act takes effect immediately if it
376	376	receives a vote of two-thirds of all the members elected to each
377	377	house, as provided by Section 39, Article III, Texas Constitution.
378	378	If this Act does not receive the vote necessary for immediate
379	379	effect, this Act takes effect September 1, 2017.