By: Johnson of Harris H.B. No. 3778
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and administration of certain assessment
instruments in primary and secondary education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.023(c) and (c-3), Education Code,
are amended to read as follows:
(c) Each school year a school district shall administer to
students in the 11th grade one or more Texas Success Initiative
(TSI)assessment instruments in reading, writing, and mathematics
approved by the Texas Higher Education Coordinating Board under
Section 51.3062(c), except that the commissioner may permit a
district to instead administer the Scholastic Assessment Test (SAT)
or the American College Test (ACT) if the commissioner determines
that administration of the alternate assessment instrument is
necessary. 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 instrument [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 the assessment 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 under
this subsection that complies with the requirements of Subsection
(c-3).
(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.
SECTION 2. Section 39.0238, Education Code, is amended to
read as follows:
(a) In addition to other assessment instruments adopted and
developed under this subchapter, the agency shall adopt or develop
appropriate postsecondary readiness assessment instruments for
Algebra II, English II, and English III that a school district may
administer at the district's option.
SECTION 3. 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. The commissioner shall consult with the commissioner
of the Higher Education Coordinating Board and the chairperson of
the Texas Workforce Commission in determining the level of student
performance that is considered satisfactory for the Texas Success
Initiative (TSI) assessment instruments or alternate assessment
instruments administered under Section 39.023(c).
SECTION 4. Sections 39.025(a), (a-1), (b), and (b-1),
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 each [an end-of-course] assessment instrument listed
in Section 39.023(c), except that a student is not required to
complete an assessment instrument for a course in which the student
is not 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 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 requirements concerning and is exempt from the administration
of the Algebra I or the English I [and English 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 end-of-course assessment
instrument. 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.
(b) Each time an [end-of-course] assessment instrument
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
with accelerated instruction in the subject assessed by the
assessment instrument.
SECTION 5. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02341 to read as follows:
Sec. 39.02341. COMPUTER ADAPTIVE TESTING; PILOT PROGRAM.
(a) In this section, "computer adaptive testing" means a type of
assessment using algorithms or similar methods designed to adapt
the length and complexity of the assessment to the abilities and
performance of the person taking the assessment, with the goal of
increasing the efficiency, accuracy, and security of the
assessment.
(b) During the 2018-2019 and 2019-2020 school years, the
agency, in coordination with the Texas Higher Education
Coordinating Board and any entity that has been contracted to
develop or implement assessment instruments under Section 39.023,
shall establish a pilot program as provided by this section to
implement in designated school districts a system of computer
adaptive testing for the assessment of students in grades three
through eight.
(c) The agency shall designate school districts to
participate in the pilot program as provided by this subsection.
The pilot program must include at least one large urban district,
one medium-sized district, and one rural district. Each district
included must have a student enrollment that is representative of
diverse demographics and socioeconomic backgrounds.
(d) Not later than September 1, 2020, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officer
of each legislative standing committee with primary jurisdiction
over primary and secondary education a report that:
(1) evaluates the implementation and progress of the
pilot program under this section; and
(2) makes recommendations regarding the continuation
or expansion of the pilot program.
(e) The agency shall adopt rules as necessary to administer
this section.
(f) This section expires January 1, 2021.
SECTION 6. 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 7. 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) is not considered at least
satisfactory academic performance [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 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 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 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 10. Section 39.203(d), Education Code, is amended
to read as follows:
(d) In addition to the distinction designations otherwise
described by this section, the commissioner may award a distinction
designation for outstanding performance in advanced middle or
junior high school student achievement to a campus with a
significant number of students below grade nine who perform
satisfactorily on an [end-of-course] assessment instrument
administered under Section 39.023(c).
SECTION 11. This Act applies beginning with the 2018-2019
school year.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all 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.