85R10544 GCB-D
By: King of Hemphill H.B. No. 3607
A BILL TO BE ENTITLED
AN ACT
relating to secondary-level assessment of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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 5. 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 an end-of-course assessment instrument adopted under
Section 39.023(c) for that subject].
SECTION 6. 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 7. 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 2017-2018
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 the [end-of-course]
assessment instrument required [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 8. Sections 29.081(b) and (b-1), Education Code,
are amended 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.
SECTION 9. Section 29.087(f), Education Code, is amended to
read as follows:
(f) A student participating in a program authorized by this
section, other than a student ordered to participate under
Subsection (d)(1), [must have taken the appropriate end-of-course
assessment instruments specified by Section 39.023(c) before
entering the program and] must take the [each appropriate
end-of-course] assessment instrument required under Section
39.023(c) before or [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 instrument as [instruments]
required by this subsection.
SECTION 10. 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 11. Sections 39.023(a-2), (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-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.
[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) and for the Texas Success Initiative
(TSI) diagnostic assessment:
(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 scores.
SECTION 12. Section 39.023, Education Code, is amended by
amending Subsections (c), (c-5), (g), and (h) and adding Subsection
(h-1) to read as follows:
(c) The commissioner shall identify a procedure for a school
district to select as a secondary-level assessment instrument the
Texas Success Initiative (TSI) diagnostic assessment or a
nationally recognized, norm-referenced assessment instrument,
including the SAT or the ACT. A school district shall require the
administration of the secondary-level assessment instrument
selected under this subsection to students in grade 11. [The agency
shall also adopt end-of-course assessment instruments for
secondary-level courses in Algebra I, biology, English I, English
II, and United States history. The Algebra I end-of-course
assessment instrument must be administered with the aid of
technology. The English I and English II end-of-course assessment
instruments must each assess essential knowledge and skills in both
reading and writing in the same assessment instrument and must
provide a single score.] A school district shall comply with State
Board of Education rules regarding administration of an [the]
assessment instrument 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 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-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.
(g) An [The State Board of Education may adopt one
appropriate, nationally recognized, norm-referenced] assessment
instrument 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 vendor to administer
the assessment instrument, complete the scoring of the assessment
instrument, 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 [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.
SECTION 13. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02302 to read as follows:
Sec. 39.02302. SECONDARY-LEVEL ASSESSMENT PREPARATORY
COURSE. Each school district shall require secondary-level
students to attend, before the student is administered the
assessment instrument required under Section 39.023(c), a course
designed to prepare students to succeed on the assessment
instrument required by the district.
SECTION 14. 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 assessment instrument under Section
39.023(c).
SECTION 15. Sections 39.025(a), (a-4), (b), (b-1), and (f),
Education Code, are amended 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 during the student's 11th grade year an
[end-of-course] assessment instrument selected under [listed in]
Section 39.023(c) by the school district in which the student is
enrolled [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 the [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 the [end-of-course]
assessment instrument [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-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 the
[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 an
assessment instrument under Section 39.023(c). The rules must
provide for an [the end-of-course] assessment instrument
[instruments adopted] under Section 39.023(c) to be administered
beginning with students entering the ninth grade during the
2017-2018 [2011-2012] school year. During the period under which
the transition from [to] end-of-course assessment instruments is
made:
(1) for students entering a grade above the ninth
grade during the 2017-2018 [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 the student has performed
satisfactorily on each required assessment instrument administered
under Section 39.023(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].
SECTION 16. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the [end-of-course] assessment instruments
required under this subchapter for graduation.
SECTION 17. Section 39.035(a), Education Code, is amended
to read as follows:
(a) Subject to Subsection (b), 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.
SECTION 18. 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 19. Effective September 1, 2017, the following
sections of the Education Code are repealed:
(1) Sections 39.023(c-2), (c-4), (c-6), and (d);
(2) Section 39.0232;
(3) Section 39.0233;
(4) Section 39.024;
(5) Sections 39.025(a-1) and (e-1);
(6) Section 39.025(a-2), as added by Chapter 1036
(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
(7) Section 39.0261(e);
(8) Section 39.053(d-1); and
(9) Section 39.203(d).
SECTION 20. As soon as practicable after the effective date
of this Act, each school district shall provide notice to an eighth
grade student under Section 39.025(g), Education Code, informing
the student of the specific requirements applicable to the student
under Sections 39.023(c) and 39.025(a), Education Code, as amended
by this Act.
SECTION 21. This Act applies beginning with the 2017-2018
school year.
SECTION 22. 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.