Texas 2017 - 85th Regular

Texas House Bill HB3607 Compare Versions

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Old	New	Differences
1	1	85R10544 GCB-D
2	2	By: King of Hemphill H.B. No. 3607
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to secondary-level assessment of public school students.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.006(b), Education Code, is amended to
10	10	read as follows:
11	11	(b) In addition to other factors determined to be
12	12	appropriate by the commissioner, the accountability system must
13	13	include consideration of:
14	14	(1) student performance on the [end-of-course]
15	15	assessment instruments required by Section 39.023(c); and
16	16	(2) dropout rates, including dropout rates and diploma
17	17	program completion rates for the grade levels served by the diploma
18	18	program.
19	19	SECTION 2. Section 25.005(b), Education Code, is amended to
20	20	read as follows:
21	21	(b) A reciprocity agreement must:
22	22	(1) address procedures for:
23	23	(A) transferring student records;
24	24	(B) awarding credit for completed course work;
25	25	and
26	26	(C) permitting a student to satisfy the
27	27	requirements of Section 39.025 through successful performance on
28	28	comparable [end-of-course or other exit-level] assessment
29	29	instruments administered in another state; and
30	30	(2) include appropriate criteria developed by the
31	31	agency.
32	32	SECTION 3. Section 28.014(a), Education Code, is amended to
33	33	read as follows:
34	34	(a) Each school district shall partner with at least one
35	35	institution of higher education to develop and provide courses in
36	36	college preparatory mathematics and English language arts. The
37	37	courses must be designed:
38	38	(1) for students at the 12th grade level whose
39	39	performance on:
40	40	(A) an [end-of-course] assessment instrument
41	41	required under Section 39.023(c) does not meet college readiness
42	42	standards; or
43	43	(B) coursework, a college entrance examination,
44	44	or an assessment instrument designated under Section 51.3062(c)
45	45	indicates that the student is not ready to perform entry-level
46	46	college coursework; and
47	47	(2) to prepare students for success in entry-level
48	48	college courses.
49	49	SECTION 4. Section 28.0211(o), Education Code, is amended
50	50	to read as follows:
51	51	(o) This section does not require the administration of
52	52	a fifth [or eighth] grade assessment instrument in a subject under
53	53	Section 39.023(a) to a student enrolled in the fifth [or eighth]
54	54	grade[, as applicable,] if the student[:
55	55	[(1)] is enrolled in a course in the subject intended
56	56	for students above the student's grade level and will be
57	57	administered an assessment instrument adopted or developed under
58	58	Section 39.023(a) that aligns with the curriculum for the course in
59	59	which the student is enrolled[; or
60	60	[(2) is enrolled in a course in the subject for which
61	61	the student will receive high school academic credit and will be
62	62	administered an end-of-course assessment instrument adopted under
63	63	Section 39.023(c) for the course].
64	64	SECTION 5. Section 28.023(c), Education Code, is amended to
65	65	read as follows:
66	66	(c) A school district shall give a student in grade level
67	67	six or above credit for a subject on the basis of an examination for
68	68	credit in the subject approved by the board of trustees under
69	69	Subsection (a) if the student scores in the 80th percentile or above
70	70	on the examination or if the student achieves a score as provided by
71	71	Subsection (c-1). If a student is given credit in a subject on the
72	72	basis of an examination, the district shall enter the examination
73	73	score on the student's transcript [and the student is not required
74	74	to take an end-of-course assessment instrument adopted under
75	75	Section 39.023(c) for that subject].
76	76	SECTION 6. Section 28.025(b-4), Education Code, is amended
77	77	to read as follows:
78	78	(b-4) A school district may offer the curriculum described
79	79	in Subsections (b-1)(1) through (4) in an applied manner. Courses
80	80	delivered in an applied manner must cover the essential knowledge
81	81	and skills[, and the student shall be administered the applicable
82	82	end-of-course assessment instrument as provided by Sections
83	83	39.023(c) and 39.025].
84	84	SECTION 7. Section 28.0255, Education Code, is amended by
85	85	amending Subsections (g) and (h) and adding Subsection (g-1) to
86	86	read as follows:
87	87	(g) A student entering the ninth grade during the 2017-2018
88	88	school year is entitled to a high school diploma if the student:
89	89	(1) successfully complies with the curriculum
90	90	requirements specified under Subsection (e); and
91	91	(2) performs satisfactorily, as determined by the
92	92	commissioner under Subsection (h), on the [end-of-course]
93	93	assessment instrument required [instruments listed] under Section
94	94	39.023(c) [for courses in which the student was enrolled].
95	95	(g-1) A student other than a student described by Subsection
96	96	(g) is entitled to a high school diploma if the student:
97	97	(1) successfully complies with the curriculum
98	98	requirements specified under Subsection (e); and
99	99	(2) performs satisfactorily, as determined by the
100	100	commissioner under Subsection (h), on assessment instruments
101	101	listed under Section 39.023(c), as that section existed before
102	102	amendment by _.B. ___, Acts of the 85th Legislature, Regular
103	103	Session, 2017, for courses in which the student was enrolled.
104	104	(h) For purposes of Subsections [Subsection] (g)(2) and
105	105	(g-1)(2), the commissioner shall determine the level of
106	106	satisfactory performance on applicable [end-of-course] assessment
107	107	instruments administered to a student.
108	108	SECTION 8. Sections 29.081(b) and (b-1), Education Code,
109	109	are amended to read as follows:
110	110	(b) Each district shall provide accelerated instruction to
111	111	a student enrolled in the district who has taken an [end-of-course]
112	112	assessment instrument required [administered] under Section
113	113	39.023(c) and has not performed satisfactorily on the assessment
114	114	instrument or who is at risk of dropping out of school.
115	115	(b-1) Each school district shall offer before the next
116	116	scheduled administration of the assessment instrument, without
117	117	cost to the student, additional accelerated instruction to each
118	118	student in any subject in which the student failed to perform
119	119	satisfactorily on an [end-of-course] assessment instrument
120	120	required for graduation.
121	121	SECTION 9. Section 29.087(f), Education Code, is amended to
122	122	read as follows:
123	123	(f) A student participating in a program authorized by this
124	124	section, other than a student ordered to participate under
125	125	Subsection (d)(1), [must have taken the appropriate end-of-course
126	126	assessment instruments specified by Section 39.023(c) before
127	127	entering the program and] must take the [each appropriate
128	128	end-of-course] assessment instrument required under Section
129	129	39.023(c) before or [administered] during the period in which the
130	130	student is enrolled in the program. Except for a student ordered to
131	131	participate under Subsection (d)(1), a student participating in the
132	132	program may not take the high school equivalency examination unless
133	133	the student has taken the assessment instrument as [instruments]
134	134	required by this subsection.
135	135	SECTION 10. Section 29.402(b), Education Code, is amended
136	136	to read as follows:
137	137	(b) A person who is under 26 years of age is eligible to
138	138	enroll in a dropout recovery program under this subchapter if the
139	139	person:
140	140	(1) must complete not more than three course credits
141	141	to complete the curriculum requirements for the foundation high
142	142	school program for high school graduation; or
143	143	(2) has failed to perform satisfactorily on:
144	144	(A) an [end-of-course] assessment instrument
145	145	required [administered] under Section 39.023(c);
146	146	(B) an assessment instrument administered under
147	147	Section 39.023(c) as that section existed before amendment by _.B.
148	148	___, Acts of the 85th Legislature, Regular Session, 2017; or
149	149	(C) an assessment instrument administered under
150	150	Section 39.023(c) as that section existed before amendment by
151	151	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
152	152	Session, 2007.
153	153	SECTION 11. Sections 39.023(a-2), (c-3), (e), and (p),
154	154	Education Code, as effective September 1, 2017, are amended to read
155	155	as follows:
156	156	(a-2) Except as required by federal law, a student is not
157	157	required to be assessed in a subject otherwise assessed at the
158	158	student's grade level under Subsection (a) if the student[:
159	159	[(1)] is enrolled in a course in the subject intended
160	160	for students above the student's grade level and will be
161	161	administered an assessment instrument adopted or developed under
162	162	Subsection (a) that aligns with the curriculum for the course in
163	163	which the student is enrolled[; or
164	164	[(2) is enrolled in a course in the subject for which
165	165	the student will receive high school academic credit and will be
166	166	administered an end-of-course assessment instrument adopted under
167	167	Subsection (c) for the course].
168	168	(c-3) In adopting a schedule for the administration of
169	169	assessment instruments under this section, the State Board of
170	170	Education shall require[:
171	171	[(1)] assessment instruments administered under
172	172	Subsection (a) to be administered on a schedule so that the first
173	173	assessment instrument is administered at least two weeks later than
174	174	the date on which the first assessment instrument was administered
175	175	under Subsection (a) during the 2006-2007 school year[; and
176	176	[(2) the spring administration of end-of-course
177	177	assessment instruments under Subsection (c) to occur in each school
178	178	district not earlier than the first full week in May, except that
179	179	the spring administration of the end-of-course assessment
180	180	instruments in English I and English II must be permitted to occur
181	181	at an earlier date].
182	182	(e) Under rules adopted by the State Board of Education,
183	183	every third year, the agency shall release the questions and answer
184	184	keys to each assessment instrument administered under Subsection
185	185	(a), (b), [(c),] (d), or (l), excluding any assessment instrument
186	186	administered to a student for the purpose of retaking the
187	187	assessment instrument, after the last time the instrument is
188	188	administered for that school year. To ensure a valid bank of
189	189	questions for use each year, the agency is not required to release a
190	190	question that is being field-tested and was not used to compute the
191	191	student's score on the instrument. The agency shall also release,
192	192	under board rule, each question that is no longer being
193	193	field-tested and that was not used to compute a student's score.
194	194	[During the 2014-2015 and 2015-2016 school years, the agency shall
195	195	release the questions and answer keys to assessment instruments as
196	196	described by this subsection each year.]
197	197	(p) On or before September 1 of each year, the commissioner
198	198	shall make the following information available on the agency's
199	199	Internet website for each assessment instrument administered under
200	200	Subsection (a)[, (c),] or (l) and for the Texas Success Initiative
201	201	(TSI) diagnostic assessment:
202	202	(1) the number of questions on the assessment
203	203	instrument;
204	204	(2) the number of questions that must be answered
205	205	correctly to achieve satisfactory performance as determined by the
206	206	commissioner under Section 39.0241(a);
207	207	(3) the number of questions that must be answered
208	208	correctly to achieve satisfactory performance under the college
209	209	readiness performance standard as provided by Section 39.0241; and
210	210	(4) the corresponding scale scores.
211	211	SECTION 12. Section 39.023, Education Code, is amended by
212	212	amending Subsections (c), (c-5), (g), and (h) and adding Subsection
213	213	(h-1) to read as follows:
214	214	(c) The commissioner shall identify a procedure for a school
215	215	district to select as a secondary-level assessment instrument the
216	216	Texas Success Initiative (TSI) diagnostic assessment or a
217	217	nationally recognized, norm-referenced assessment instrument,
218	218	including the SAT or the ACT. A school district shall require the
219	219	administration of the secondary-level assessment instrument
220	220	selected under this subsection to students in grade 11. [The agency
221	221	shall also adopt end-of-course assessment instruments for
222	222	secondary-level courses in Algebra I, biology, English I, English
223	223	II, and United States history. The Algebra I end-of-course
224	224	assessment instrument must be administered with the aid of
225	225	technology. The English I and English II end-of-course assessment
226	226	instruments must each assess essential knowledge and skills in both
227	227	reading and writing in the same assessment instrument and must
228	228	provide a single score.] A school district shall comply with State
229	229	Board of Education rules regarding administration of an [the]
230	230	assessment instrument under [instruments listed in] this
231	231	subsection. If a student is in a special education program under
232	232	Subchapter A, Chapter 29, the student's admission, review, and
233	233	dismissal committee shall determine whether any allowable
234	234	modification is necessary in administering to the student an
235	235	assessment instrument required under this subsection. [The State
236	236	Board of Education shall administer the assessment instruments.
237	237	The State Board of Education shall adopt a schedule for the
238	238	administration of end-of-course assessment instruments that
239	239	complies with the requirements of Subsection (c-3).]
240	240	(c-5) A student's performance on an [end-of-course]
241	241	assessment instrument required under Subsection (c) must be
242	242	included in the student's academic achievement record.
243	243	(g) An [The State Board of Education may adopt one
244	244	appropriate, nationally recognized, norm-referenced] assessment
245	245	instrument under Subsection (c) [in reading and mathematics to be
246	246	administered to a selected sample of students in the spring. If
247	247	adopted, a norm-referenced assessment instrument] must be a secured
248	248	test. The commissioner shall contract with a vendor to administer
249	249	the assessment instrument, complete the scoring of the assessment
250	250	instrument, and distribute within a reasonable period the results
251	251	to the agency and the relevant results to each school district. As
252	252	soon as practicable after the district receives the results from
253	253	the vendor under this subsection, the district shall:
254	254	(1) distribute the relevant results to each district
255	255	campus; and
256	256	(2) provide written notice to the student and the
257	257	person standing in parental relation to the student that states the
258	258	student's results and whether the student performed satisfactorily
259	259	on the assessment instrument [The state may pay the costs of
260	260	purchasing and scoring the adopted assessment instrument and of
261	261	distributing the results of the adopted instrument to the school
262	262	districts. A district that administers the norm-referenced test
263	263	adopted under this subsection shall report the results to the
264	264	agency in a manner prescribed by the commissioner].
265	265	(h) Except as provided by Subsection (g), the [The] agency
266	266	shall notify school districts and campuses of the results of
267	267	assessment instruments administered under this section not later
268	268	than the 21st day after the date the assessment instrument is
269	269	administered.
270	270	(h-1) A [The] school district shall disclose to each
271	271	district teacher the results of assessment instruments
272	272	administered to students taught by the teacher in the subject for
273	273	the school year in which the assessment instrument is administered.
274	274	SECTION 13. Subchapter B, Chapter 39, Education Code, is
275	275	amended by adding Section 39.02302 to read as follows:
276	276	Sec. 39.02302. SECONDARY-LEVEL ASSESSMENT PREPARATORY
277	277	COURSE. Each school district shall require secondary-level
278	278	students to attend, before the student is administered the
279	279	assessment instrument required under Section 39.023(c), a course
280	280	designed to prepare students to succeed on the assessment
281	281	instrument required by the district.
282	282	SECTION 14. Section 39.0234, Education Code, is amended by
283	283	amending Subsection (a) and adding Subsection (b) to read as
284	284	follows:
285	285	(a) Except as provided by Subsection (b), the [The] agency
286	286	shall ensure that assessment instruments required under Section
287	287	39.023 are capable of being administered by computer. The
288	288	commissioner may not require a school district or open-enrollment
289	289	charter school to administer an assessment instrument by computer.
290	290	(b) Subsection (a) does not apply to a nationally
291	291	recognized, norm-referenced assessment instrument under Section
292	292	39.023(c).
293	293	SECTION 15. Sections 39.025(a), (a-4), (b), (b-1), and (f),
294	294	Education Code, are amended to read as follows:
295	295	(a) The commissioner shall adopt rules requiring a student
296	296	in the foundation high school program under Section 28.025 to be
297	297	administered during the student's 11th grade year an
298	298	[end-of-course] assessment instrument selected under [listed in]
299	299	Section 39.023(c) by the school district in which the student is
300	300	enrolled [only for a course in which the student is enrolled and for
301	301	which an end-of-course assessment instrument is administered]. A
302	302	student is required to achieve a scale score that indicates
303	303	satisfactory performance, as determined by the commissioner under
304	304	Section 39.0241(a), on the [each end-of-course] assessment
305	305	instrument administered to the student. For each scale score
306	306	required under this subsection that is not based on a 100-point
307	307	scale scoring system, the commissioner shall provide for
308	308	conversion, in accordance with commissioner rule, of the scale
309	309	score to an equivalent score based on a 100-point scale scoring
310	310	system. A student may not receive a high school diploma until the
311	311	student has performed satisfactorily on the [end-of-course]
312	312	assessment instrument [instruments] in the manner provided under
313	313	this subsection. This subsection does not require a student to
314	314	demonstrate readiness to enroll in an institution of higher
315	315	education.
316	316	(a-4) The admission, review, and dismissal committee of a
317	317	student in a special education program under Subchapter A, Chapter
318	318	29, shall determine whether, to receive a high school diploma, the
319	319	student is required to achieve satisfactory performance on the
320	320	[end-of-course] assessment instruments required under Section
321	321	39.023(c).
322	322	(b) Each time an [end-of-course] assessment instrument
323	323	required [adopted] under Section 39.023(c) is administered, a
324	324	student who failed to achieve a score requirement under Subsection
325	325	(a) may retake the assessment instrument. [A student is not
326	326	required to retake a course as a condition of retaking an
327	327	end-of-course assessment instrument.]
328	328	(b-1) A school district shall provide each student who fails
329	329	to perform satisfactorily as determined by the commissioner under
330	330	Section 39.0241(a) on an [end-of-course] assessment instrument
331	331	required under Section 39.023(c) with accelerated instruction [in
332	332	the subject assessed by the assessment instrument].
333	333	(f) The commissioner shall by rule adopt a transition plan
334	334	to implement the amendments made by __.B. __, Acts of the 85th
335	335	Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
336	336	Acts of the 80th Legislature, Regular Session, 2007], replacing
337	337	[general subject assessment instruments administered at the high
338	338	school level with] end-of-course assessment instruments with an
339	339	assessment instrument under Section 39.023(c). The rules must
340	340	provide for an [the end-of-course] assessment instrument
341	341	[instruments adopted] under Section 39.023(c) to be administered
342	342	beginning with students entering the ninth grade during the
343	343	2017-2018 [2011-2012] school year. During the period under which
344	344	the transition from [to] end-of-course assessment instruments is
345	345	made:
346	346	(1) for students entering a grade above the ninth
347	347	grade during the 2017-2018 [2011-2012] school year, the
348	348	commissioner shall retain, administer, and use for purposes of
349	349	accreditation and other campus and district accountability
350	350	measures under this chapter the end-of-course assessment
351	351	instruments required by Section 39.023(c) [39.023(a) or (c)], as
352	352	that section existed before amendment by __.B. __, Acts of the 85th
353	353	Legislature, Regular Session, 2017 [Chapter 1312 (S.B. No. 1031),
354	354	Acts of the 80th Legislature, Regular Session, 2007]; and
355	355	(2) a student subject to Subdivision (1) may not
356	356	receive a high school diploma unless the student has performed
357	357	satisfactorily on each required assessment instrument administered
358	358	under Section 39.023(c) as that section existed before amendment by
359	359	__.B. __, Acts of the 85th Legislature, Regular Session, 2017
360	360	[Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature,
361	361	Regular Session, 2007].
362	362	SECTION 16. Section 39.034(d), Education Code, is amended
363	363	to read as follows:
364	364	(d) The agency shall determine the necessary annual
365	365	improvement required each year for a student to be prepared to
366	366	perform satisfactorily on, as applicable:
367	367	(1) the grade five assessment instruments;
368	368	(2) the grade eight assessment instruments; and
369	369	(3) the [end-of-course] assessment instruments
370	370	required under this subchapter for graduation.
371	371	SECTION 17. Section 39.035(a), Education Code, is amended
372	372	to read as follows:
373	373	(a) Subject to Subsection (b), the agency may conduct field
374	374	testing of questions for any assessment instrument administered
375	375	under Section 39.023(a), (b), [(c),] (d), or (l) that is separate
376	376	from the administration of the assessment instrument not more
377	377	frequently than every other school year.
378	378	SECTION 18. Section 51.3062(q), Education Code, is amended
379	379	to read as follows:
380	380	(q) A student who has achieved scores set by the board on the
381	381	questions developed for end-of-course assessment instruments under
382	382	Section 39.0233(a), as that section existed before repeal by _.B.
383	383	___, Acts of the 85th Legislature, Regular Session, 2017, is exempt
384	384	from the requirements of this section. The exemption is effective
385	385	for the three-year period following the date a student takes the
386	386	last assessment instrument for purposes of this section and
387	387	achieves the standard set by the board. This subsection does not
388	388	apply during any period for which the board designates the
389	389	questions developed for end-of-course assessment instruments under
390	390	Section 39.0233(a), as that section existed before repeal by _.B.
391	391	___, Acts of the 85th Legislature, Regular Session, 2017, as the
392	392	primary assessment instrument under this section, except that the
393	393	three-year period described by this subsection remains in effect
394	394	for students who qualify for an exemption under this subsection
395	395	before that period.
396	396	SECTION 19. Effective September 1, 2017, the following
397	397	sections of the Education Code are repealed:
398	398	(1) Sections 39.023(c-2), (c-4), (c-6), and (d);
399	399	(2) Section 39.0232;
400	400	(3) Section 39.0233;
401	401	(4) Section 39.024;
402	402	(5) Sections 39.025(a-1) and (e-1);
403	403	(6) Section 39.025(a-2), as added by Chapter 1036
404	404	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
405	405	(7) Section 39.0261(e);
406	406	(8) Section 39.053(d-1); and
407	407	(9) Section 39.203(d).
408	408	SECTION 20. As soon as practicable after the effective date
409	409	of this Act, each school district shall provide notice to an eighth
410	410	grade student under Section 39.025(g), Education Code, informing
411	411	the student of the specific requirements applicable to the student
412	412	under Sections 39.023(c) and 39.025(a), Education Code, as amended
413	413	by this Act.
414	414	SECTION 21. This Act applies beginning with the 2017-2018
415	415	school year.
416	416	SECTION 22. This Act takes effect immediately if it
417	417	receives a vote of two-thirds of all the members elected to each
418	418	house, as provided by Section 39, Article III, Texas Constitution.
419	419	If this Act does not receive the vote necessary for immediate
420	420	effect, this Act takes effect September 1, 2017.