Texas 2017 - 85th Regular

Texas House Bill HB3778 Compare Versions

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

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1	1	By: Johnson of Harris H.B. No. 3778
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the adoption and administration of certain assessment
7	7	instruments in primary and secondary education.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 39.023(c) and (c-3), Education Code,
10	10	are amended to read as follows:
11	11	(c) Each school year a school district shall administer to
12	12	students in the 11th grade one or more Texas Success Initiative
13	13	(TSI)assessment instruments in reading, writing, and mathematics
14	14	approved by the Texas Higher Education Coordinating Board under
15	15	Section 51.3062(c), except that the commissioner may permit a
16	16	district to instead administer the Scholastic Assessment Test (SAT)
17	17	or the American College Test (ACT) if the commissioner determines
18	18	that administration of the alternate assessment instrument is
19	19	necessary. The agency shall also adopt end-of-course assessment
20	20	instruments for secondary-level courses in Algebra I, biology,
21	21	English I, [English II,] and United States history. The Algebra I
22	22	end-of-course assessment instrument must be administered with the
23	23	aid of technology. The English I [and English II] end-of-course
24	24	assessment instrument [instruments] must [each] assess essential
25	25	knowledge and skills in both reading and writing in the same
26	26	assessment instrument and must provide a single score. A school
27	27	district shall comply with State Board of Education rules regarding
28	28	administration of the assessment instruments listed in this
29	29	subsection. If a student is in a special education program under
30	30	Subchapter A, Chapter 29, the student's admission, review, and
31	31	dismissal committee shall determine whether any allowable
32	32	modification is necessary in administering to the student an
33	33	assessment instrument required under this subsection. The State
34	34	Board of Education shall administer the assessment instruments.
35	35	The State Board of Education shall adopt a schedule for the
36	36	administration of [end-of-course] assessment instruments under
37	37	this subsection that complies with the requirements of Subsection
38	38	(c-3).
39	39	(c-3) In adopting a schedule for the administration of
40	40	assessment instruments under this section, the State Board of
41	41	Education shall require:
42	42	(1) assessment instruments administered under
43	43	Subsection (a) to be administered on a schedule so that the first
44	44	assessment instrument is administered at least two weeks later than
45	45	the date on which the first assessment instrument was administered
46	46	under Subsection (a) during the 2006-2007 school year; and
47	47	(2) the spring administration of end-of-course
48	48	assessment instruments under Subsection (c) to occur in each school
49	49	district not earlier than the first full week in May, except that
50	50	the spring administration of the end-of-course assessment
51	51	instruments in English I [and English II] must be permitted to occur
52	52	at an earlier date.
53	53	SECTION 2. Section 39.0238, Education Code, is amended to
54	54	read as follows:
55	55	(a) In addition to other assessment instruments adopted and
56	56	developed under this subchapter, the agency shall adopt or develop
57	57	appropriate postsecondary readiness assessment instruments for
58	58	Algebra II, English II, and English III that a school district may
59	59	administer at the district's option.
60	60	SECTION 3. Section 39.0241(a), Education Code, is amended
61	61	to read as follows:
62	62	(a) The commissioner shall determine the level of
63	63	performance considered to be satisfactory on the assessment
64	64	instruments. The commissioner shall consult with the commissioner
65	65	of the Higher Education Coordinating Board and the chairperson of
66	66	the Texas Workforce Commission in determining the level of student
67	67	performance that is considered satisfactory for the Texas Success
68	68	Initiative (TSI) assessment instruments or alternate assessment
69	69	instruments administered under Section 39.023(c).
70	70	SECTION 4. Sections 39.025(a), (a-1), (b), and (b-1),
71	71	Education Code, are amended to read as follows:
72	72	(a) The commissioner shall adopt rules requiring a student
73	73	in the foundation high school program under Section 28.025 to be
74	74	administered each [an end-of-course] assessment instrument listed
75	75	in Section 39.023(c), except that a student is not required to
76	76	complete an assessment instrument for a course in which the student
77	77	is not enrolled [only for a course in which the student is enrolled
78	78	and for which an end-of-course assessment instrument is
79	79	administered]. A student is required to achieve a scale score that
80	80	indicates satisfactory performance, as determined by the
81	81	commissioner under Section 39.0241(a), on each [end-of-course]
82	82	assessment instrument administered to the student. For each scale
83	83	score required under this subsection that is not based on a
84	84	100-point scale scoring system, the commissioner shall provide for
85	85	conversion, in accordance with commissioner rule, of the scale
86	86	score to an equivalent score based on a 100-point scale scoring
87	87	system. A student may not receive a high school diploma until the
88	88	student has performed satisfactorily on [end-of-course] assessment
89	89	instruments in the manner provided under this subsection. This
90	90	subsection does not require a student to demonstrate readiness to
91	91	enroll in an institution of higher education.
92	92	(a-1) A student enrolled in a college preparatory
93	93	mathematics or English language arts course under Section 28.014
94	94	who satisfies the Texas Success Initiative (TSI) college readiness
95	95	benchmarks prescribed by the Texas Higher Education Coordinating
96	96	Board under Section 51.3062(f) on an assessment instrument
97	97	designated by the Texas Higher Education Coordinating Board under
98	98	Section 51.3062(c) administered at the end of the college
99	99	preparatory mathematics or English language arts course satisfies
100	100	the requirements concerning and is exempt from the administration
101	101	of the Algebra I or the English I [and English II] end-of-course
102	102	assessment instruments, as applicable, as prescribed by Section
103	103	39.023(c), even if the student did not perform satisfactorily on a
104	104	previous administration of the applicable end-of-course assessment
105	105	instrument. A student who fails to perform satisfactorily on the
106	106	assessment instrument designated by the Texas Higher Education
107	107	Coordinating Board under Section 51.3062(c) administered as
108	108	provided by this subsection may retake that assessment instrument
109	109	for purposes of this subsection or may take the appropriate
110	110	end-of-course assessment instrument.
111	111	(b) Each time an [end-of-course] assessment instrument
112	112	adopted under Section 39.023(c) is administered, a student who
113	113	failed to achieve a score requirement under Subsection (a) may
114	114	retake the assessment instrument. A student is not required to
115	115	retake a course as a condition of retaking an [end-of-course]
116	116	assessment instrument.
117	117	(b-1) A school district shall provide each student who fails
118	118	to perform satisfactorily as determined by the commissioner under
119	119	Section 39.0241(a) on an [end-of-course] assessment instrument
120	120	with accelerated instruction in the subject assessed by the
121	121	assessment instrument.
122	122	SECTION 5. Subchapter B, Chapter 39, Education Code, is
123	123	amended by adding Section 39.02341 to read as follows:
124	124	Sec. 39.02341. COMPUTER ADAPTIVE TESTING; PILOT PROGRAM.
125	125	(a) In this section, "computer adaptive testing" means a type of
126	126	assessment using algorithms or similar methods designed to adapt
127	127	the length and complexity of the assessment to the abilities and
128	128	performance of the person taking the assessment, with the goal of
129	129	increasing the efficiency, accuracy, and security of the
130	130	assessment.
131	131	(b) During the 2018-2019 and 2019-2020 school years, the
132	132	agency, in coordination with the Texas Higher Education
133	133	Coordinating Board and any entity that has been contracted to
134	134	develop or implement assessment instruments under Section 39.023,
135	135	shall establish a pilot program as provided by this section to
136	136	implement in designated school districts a system of computer
137	137	adaptive testing for the assessment of students in grades three
138	138	through eight.
139	139	(c) The agency shall designate school districts to
140	140	participate in the pilot program as provided by this subsection.
141	141	The pilot program must include at least one large urban district,
142	142	one medium-sized district, and one rural district. Each district
143	143	included must have a student enrollment that is representative of
144	144	diverse demographics and socioeconomic backgrounds.
145	145	(d) Not later than September 1, 2020, the agency shall
146	146	prepare and deliver to the governor, the lieutenant governor, the
147	147	speaker of the house of representatives, and the presiding officer
148	148	of each legislative standing committee with primary jurisdiction
149	149	over primary and secondary education a report that:
150	150	(1) evaluates the implementation and progress of the
151	151	pilot program under this section; and
152	152	(2) makes recommendations regarding the continuation
153	153	or expansion of the pilot program.
154	154	(e) The agency shall adopt rules as necessary to administer
155	155	this section.
156	156	(f) This section expires January 1, 2021.
157	157	SECTION 6. Section 18.006(b), Education Code, is amended to
158	158	read as follows:
159	159	(b) In addition to other factors determined to be
160	160	appropriate by the commissioner, the accountability system must
161	161	include consideration of:
162	162	(1) student performance on the [end-of-course]
163	163	assessment instruments required by Section 39.023(c); and
164	164	(2) dropout rates, including dropout rates and diploma
165	165	program completion rates for the grade levels served by the diploma
166	166	program.
167	167	SECTION 7. Section 28.014(a), Education Code, is amended to
168	168	read as follows:
169	169	(a) Each school district shall partner with at least one
170	170	institution of higher education to develop and provide courses in
171	171	college preparatory mathematics and English language arts. The
172	172	courses must be designed:
173	173	(1) for students at the 12th grade level whose
174	174	performance on:
175	175	(A) an [end-of-course] assessment instrument
176	176	required under Section 39.023(c) is not considered at least
177	177	satisfactory academic performance [does not meet college readiness
178	178	standards]; or
179	179	(B) coursework, a college entrance examination,
180	180	or an assessment instrument designated under Section 51.3062(c)
181	181	indicates that the student is not ready to perform entry-level
182	182	college coursework; and
183	183	(2) to prepare students for success in entry-level
184	184	college courses.
185	185	SECTION 8. Sections 29.081(b) and (b-1), Education Code,
186	186	are amended to read as follows:
187	187	(b) Each district shall provide accelerated instruction to
188	188	a student enrolled in the district who has taken an [end-of-course]
189	189	assessment instrument administered under Section 39.023(c) and has
190	190	not performed satisfactorily on the assessment instrument or who is
191	191	at risk of dropping out of school.
192	192	(b-1) Each school district shall offer before the next
193	193	scheduled administration of the assessment instrument, without
194	194	cost to the student, additional accelerated instruction to each
195	195	student in any subject in which the student failed to perform
196	196	satisfactorily on an [end-of-course] assessment instrument
197	197	required for graduation.
198	198	SECTION 9. Section 39.034(d), Education Code, is amended to
199	199	read as follows:
200	200	(d) The agency shall determine the necessary annual
201	201	improvement required each year for a student to be prepared to
202	202	perform satisfactorily on, as applicable:
203	203	(1) the grade five assessment instruments;
204	204	(2) the grade eight assessment instruments; and
205	205	(3) the [end-of-course] assessment instruments
206	206	required under this subchapter for graduation.
207	207	SECTION 10. Section 39.203(d), Education Code, is amended
208	208	to read as follows:
209	209	(d) In addition to the distinction designations otherwise
210	210	described by this section, the commissioner may award a distinction
211	211	designation for outstanding performance in advanced middle or
212	212	junior high school student achievement to a campus with a
213	213	significant number of students below grade nine who perform
214	214	satisfactorily on an [end-of-course] assessment instrument
215	215	administered under Section 39.023(c).
216	216	SECTION 11. This Act applies beginning with the 2018-2019
217	217	school year.
218	218	SECTION 12. This Act takes effect immediately if it
219	219	receives a vote of two-thirds of all members elected to each house,
220	220	as provided by Section 39, Article III, Texas Constitution. If this
221	221	Act does not receive the vote necessary for immediate effect, this
222	222	Act takes effect September 1, 2017.