TX
Texas House Bill HB515

Texas 2017 - 85th Regular

Texas House Bill HB515 Compare Versions

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1-85R24517 GCB-F
2- By: VanDeaver, Isaac, Deshotel, Ashby, H.B. No. 515
3- Huberty, et al.
4- Substitute the following for H.B. No. 515:
5- By: VanDeaver C.S.H.B. No. 515
1+By: VanDeaver, et al. H.B. No. 515
2+ (Senate Sponsor - Taylor of Galveston)
3+ (In the Senate - Received from the House May 5, 2017;
4+ May 11, 2017, read first time and referred to Committee on
5+ Education; May 23, 2017, reported adversely, with favorable
6+ Committee Substitute by the following vote: Yeas 10, Nays 0;
7+ May 23, 2017, sent to printer.)
8+Click here to see the committee vote
9+ COMMITTEE SUBSTITUTE FOR H.B. No. 515 By: Taylor of Galveston
610
711
812 A BILL TO BE ENTITLED
913 AN ACT
1014 relating to assessment of public school students and providing
1115 accelerated instruction and eliminating performance requirements
1216 based on performance on certain assessment instruments.
1317 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. The heading to Section 28.0211, Education Code,
15- is amended to read as follows:
16- Sec. 28.0211. ACCELERATED LEARNING COMMITTEE [SATISFACTORY
17- PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
18- INSTRUCTION.
19- SECTION 2. Section 28.0211, Education Code, is amended by
20- amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)
21- and adding Subsection (f-1) to read as follows:
22- (a) A district shall establish an accelerated learning
23- committee described by Subsection (c) for each student who does not
24- perform satisfactorily on:
25- (1) the third grade mathematics or reading assessment
26- instrument under Section 39.023;
27- (2) [Except as provided by Subsection (b) or (e), a
28- student may not be promoted to:
29- [(1) the sixth grade program to which the student
30- would otherwise be assigned if the student does not perform
31- satisfactorily on] the fifth grade mathematics or [and] reading
32- assessment instrument [instruments] under Section 39.023; or
33- (3) [(2) the ninth grade program to which the student
34- would otherwise be assigned if the student does not perform
35- satisfactorily on] the eighth grade mathematics or [and] reading
36- assessment instrument [instruments] under Section 39.023.
37- (a-1) Each time a student fails to perform satisfactorily on
38- an assessment instrument administered under Section 39.023(a) in
39- the third, fourth, fifth, sixth, seventh, or eighth grade, the
40- school district in which the student attends school shall provide
41- to the student accelerated instruction in the applicable subject
42- area. Accelerated instruction may require participation of the
43- student before or after normal school hours, [and] may include
44- participation at times of the year outside normal school
45- operations, and may be provided to the student during the
46- subsequent school year.
47- (a-3) The commissioner shall provide guidelines to
48- districts on research-based best practices and effective
49- strategies that a district may use in developing an accelerated
50- instruction program. The commissioner may provide to districts
51- available resources concerning research-based best practices and
52- effective strategies that a district may use in developing an
53- accelerated instruction program.
54- (c) [Each time a student fails to perform satisfactorily on
55- an assessment instrument specified under Subsection (a), the school
56- district in which the student attends school shall provide to the
57- student accelerated instruction in the applicable subject area,
58- including reading instruction for a student who fails to perform
59- satisfactorily on a reading assessment instrument.] After a
60- student fails to perform satisfactorily on an assessment instrument
61- specified under Subsection (a) [a second time], an accelerated
62- learning [a grade placement] committee shall be established [to
63- prescribe the accelerated instruction the district shall provide to
64- the student before the student is administered the assessment
65- instrument the third time]. The accelerated learning [grade
66- placement] committee shall be composed of the principal or the
67- principal's designee, the student's parent or guardian, and the
68- teacher of the subject of an assessment instrument on which the
69- student failed to perform satisfactorily. The district shall
70- notify the parent or guardian of the time and place for convening
71- the accelerated learning [grade placement] committee and the
72- purpose of the committee. [An accelerated instruction group
73- administered by a school district under this section may not have a
74- ratio of more than 10 students for each teacher.]
75- (f) An accelerated learning [A school district shall
76- provide to a student who, after three attempts, has failed to
77- perform satisfactorily on an assessment instrument specified under
78- Subsection (a) accelerated instruction during the next school year
79- as prescribed by an educational plan developed for the student by
80- the student's grade placement] committee described by [established
81- under] Subsection (c) shall:
82- (1) develop an educational plan for the student that
83- provides the necessary accelerated instruction for the student to
84- achieve appropriate grade level performance; and
85- (2) provide other assistance to the student in
86- accordance with a policy adopted by the district board of trustees
87- prescribing the role of accelerated learning committees in that
88- district. [The district shall provide that accelerated instruction
89- regardless of whether the student has been promoted or retained.]
90- (f-1) The educational plan developed under Subsection
91- (f)(1) must be designed to enable the student to perform at the
92- appropriate grade level by the conclusion of the subsequent school
93- year. During the school year, the student shall be monitored to
94- ensure that the student is progressing in accordance with the plan.
95- The district shall administer to the student the assessment
96- instrument for the grade level in which the student is placed at the
97- time the district regularly administers the assessment instruments
98- for that school year.
99- (i) The admission, review, and dismissal committee of a
100- student who participates in a district's special education program
101- under Subchapter A [B], Chapter 29, and who does not perform
102- satisfactorily on an assessment instrument specified under
103- Subsection (a) and administered under Section 39.023(a) or (b)
104- shall determine[:
105- [(1)] the manner in which the student will participate
106- in an accelerated instruction program under this section[; and
107- [(2) whether the student will be promoted or retained
108- under this section].
109- (k) The commissioner shall adopt rules as necessary to
110- implement this section[, including rules concerning when school
111- districts shall administer assessment instruments required under
112- this section and which administration of the assessment instruments
113- will be used for purposes of Section 39.054].
114- (n) A student who fails to perform satisfactorily on an
115- assessment instrument specified under Subsection (a) and is
116- promoted to the next grade level [by a grade placement committee
117- under this section] must be assigned at that next grade level in
118- each subject in which the student failed to perform satisfactorily
119- on an assessment instrument specified under Subsection (a) to a
120- teacher who meets all state and federal qualifications to teach
121- that subject and grade.
122- SECTION 3. Section 39.023(a), Education Code, as effective
18+ SECTION 1. Subchapter A, Chapter 28, Education Code, is
19+ amended by adding Section 28.018 to read as follows:
20+ Sec. 28.0128. REVIEW AND REPORT ON SOCIAL STUDIES
21+ CURRICULUM. (a) The State Board of Education shall review the
22+ alignment and coursework included in the required social studies
23+ curriculum provided to students in grades 8 through 12 to ensure
24+ that all students graduating from public high school have a
25+ sufficient understanding of:
26+ (1) United States history;
27+ (2) civics;
28+ (3) the operation of federal and state governments;
29+ and
30+ (4) the free enterprise system.
31+ (b) If, in conducting the review, the State Board of
32+ Education determines that the required social studies curriculum is
33+ not sufficient, the board shall develop recommendations to realign
34+ coursework and curriculum.
35+ (c) Not later than September 1, 2018, the State Board of
36+ Education shall submit to the governor, the lieutenant governor,
37+ the speaker of the house of representatives, and the standing
38+ legislative committees with primary jurisdiction over primary and
39+ secondary education a report on the results of the review conducted
40+ under Subsection (a) and any recommendations developed under
41+ Subsection (b).
42+ (d) This section expires September 1, 2019.
43+ SECTION 2. Section 39.023(e), Education Code, as effective
12344 September 1, 2017, is amended to read as follows:
124- (a) The agency shall adopt or develop appropriate
125- criterion-referenced assessment instruments designed to assess
126- essential knowledge and skills in reading, writing, mathematics,
127- [social studies,] and science. Except as provided by Subsection
128- (a-2), all students, other than students assessed under Subsection
129- (b) or (l) or exempted under Section 39.027, shall be assessed in:
130- (1) mathematics, annually in grades three through
131- seven without the aid of technology and in grade eight with the aid
132- of technology on any assessment instrument that includes algebra;
133- (2) reading, annually in grades three through eight;
134- (3) writing, including spelling and grammar, in grades
135- four and seven; and
136- (4) [social studies, in grade eight;
137- [(5)] science, in grades five and eight[; and
138- [(6) any other subject and grade required by federal
139- law].
140- SECTION 4. Section 39.023(c), Education Code, is amended to
141- read as follows:
142- (c) The agency shall also adopt end-of-course assessment
143- instruments for secondary-level courses in Algebra I, biology,
144- English I, and English II[, and United States history]. The
145- Algebra I end-of-course assessment instrument must be administered
146- with the aid of technology. The English I and English II
147- end-of-course assessment instruments must each assess essential
148- knowledge and skills in both reading and writing in the same
149- assessment instrument and must provide a single score. A school
150- district shall comply with State Board of Education rules regarding
151- administration of the assessment instruments listed in this
152- subsection. If a student is in a special education program under
153- Subchapter A, Chapter 29, the student's admission, review, and
154- dismissal committee shall determine whether any allowable
155- modification is necessary in administering to the student an
156- assessment instrument required under this subsection. The agency
157- [State Board of Education] shall administer the assessment
158- instruments. The commissioner, with input from school districts,
159- [State Board of Education] shall adopt a schedule for the
160- administration of end-of-course assessment instruments that
161- complies with the requirements of Subsection (c-3).
162- SECTION 5. Section 39.023(c-3), Education Code, effective
163- September 1, 2017, is amended to read as follows:
164- (c-3) The commissioner, with input from school districts,
165- shall adopt [In adopting] a schedule for the administration of
166- assessment instruments under this section that[, the State Board of
167- Education shall require]:
168- (1) minimizes the disruption of classroom instruction
169- [assessment instruments administered under Subsection (a) to be
170- administered on a schedule so that the first assessment instrument
171- is administered at least two weeks later than the date on which the
172- first assessment instrument was administered under Subsection (a)
173- during the 2006-2007 school year]; and
174- (2) maximizes available instruction time by
175- scheduling the spring administration of [end-of-course] assessment
176- instruments [under Subsection (c)] to occur as close to the end of
177- the semester as possible [in each school district not earlier than
178- the first full week in May, except that the spring administration of
179- the end-of-course assessment instruments in English I and English
180- II must be permitted to occur at an earlier date].
181- SECTION 6. Section 39.02301, Education Code, is amended by
182- amending Subsections (a), (b), (h), and (j) and adding Subsection
183- (k) to read as follows:
184- (a) The [During the 2015-2016 school year, the] agency, in
185- coordination with the entity that has been contracted to develop or
186- implement assessment instruments under Section 39.023, shall
187- conduct a study to develop a writing assessment method as an
188- alternative to the writing assessment instruments required under
189- Sections 39.023(a) and (c). The writing assessment method must be
190- designed to assess:
191- (1) a student's mastery of the essential knowledge and
192- skills in writing through timed writing samples;
193- (2) improvement of a student's writing skills from the
194- beginning of the school year to the end of the school year;
195- (3) a student's ability to follow the writing process
196- from rough draft to final product; and
197- (4) a student's ability to produce more than one type
198- of writing style.
199- (b) The [During the 2016-2017 and 2017-2018 school years,
200- the] agency shall establish a pilot program as provided by this
201- section to implement in designated school districts the writing
202- assessment method developed under Subsection (a).
203- (h) [Not later than September 1, 2016, the agency shall
204- prepare and deliver to the governor, the lieutenant governor, the
205- speaker of the house of representatives, and the presiding officer
206- of each legislative standing committee with primary jurisdiction
207- over primary and secondary education a report covering the study of
208- the development of the writing assessment method under Subsection
209- (a).] Not later than September 1 of each even-numbered year [in
210- 2017 and 2018], the agency shall prepare and deliver to the
211- governor, the lieutenant governor, the speaker of the house of
212- representatives, and the presiding officer of each legislative
213- standing committee with primary jurisdiction over primary and
214- secondary education a report that:
215- (1) evaluates the implementation and progress of the
216- pilot program under this section; and
217- (2) makes recommendations regarding the continuation
218- or expansion of the pilot program.
219- (j) Not later than September 1, 2021, the agency shall
220- modify the method for assessing students in grades four and seven in
221- writing based on the writing assessment method developed under this
222- section.
223- (k) This section expires September 1, 2021 [2019].
224- SECTION 7. Section 39.025, Education Code, is amended by
45+ (e) At least [Under rules adopted by the State Board of
46+ Education,] every third year, the agency shall release the
47+ questions and answer keys to each assessment instrument
48+ administered under Subsection (a), (b), (c), (d), or (l), excluding
49+ any assessment instrument administered to a student for the purpose
50+ of retaking the assessment instrument, after the last time the
51+ instrument is administered for that school year. To ensure a valid
52+ bank of questions for use each year, the agency is not required to
53+ release a question that is being field-tested and was not used to
54+ compute the student's score on the instrument. The agency shall
55+ also release[, under board rule,] each question that is no longer
56+ being field-tested and that was not used to compute a student's
57+ score. [During the 2014-2015 and 2015-2016 school years, the
58+ agency shall release the questions and answer keys to assessment
59+ instruments as described by this subsection each year.]
60+ SECTION 3. Section 39.025, Education Code, is amended by
22561 amending Subsections (c-1) and (f) and adding Subsection (f-1) to
22662 read as follows:
22763 (c-1) A school district may not administer a general subject
22864 [an] assessment instrument required for graduation administered
22965 under this section as this section existed before September 1, 2007
23066 [1999]. A school district may administer to a student who failed to
23167 perform satisfactorily on an assessment instrument described by
23268 this subsection an alternate assessment instrument designated by
233- the commissioner. The commissioner shall determine the level of
234- performance considered to be satisfactory on an alternate
235- assessment instrument. [The district may not administer to the
236- student an assessment instrument or a part of an assessment
237- instrument that assesses a subject that was not assessed in an
238- assessment instrument required for graduation administered under
239- this section as this section existed before September 1, 1999.] The
240- commissioner shall make available to districts information
241- necessary to administer the alternate assessment instrument
242- authorized by this subsection. The commissioner's determination
243- regarding designation of an appropriate alternate assessment
244- instrument under this subsection and the performance required on
245- the assessment instrument is final and may not be appealed.
69+ the commissioner as required by Subsection (f)(2). The
70+ commissioner shall determine the level of performance considered to
71+ be satisfactory on an alternate assessment instrument. [The
72+ district may not administer to the student an assessment instrument
73+ or a part of an assessment instrument that assesses a subject that
74+ was not assessed in an assessment instrument required for
75+ graduation administered under this section as this section existed
76+ before September 1, 1999.] The commissioner shall make available
77+ to districts information necessary to administer the alternate
78+ assessment instrument authorized by this subsection. The
79+ commissioner's determination regarding designation of an
80+ appropriate alternate assessment instrument under this subsection
81+ and the performance required on the assessment instrument is final
82+ and may not be appealed.
24683 (f) The commissioner shall by rule adopt a transition plan
24784 to implement the amendments made by Chapter 1312 (S.B. No. 1031),
24885 Acts of the 80th Legislature, Regular Session, 2007, replacing
24986 general subject assessment instruments administered at the high
25087 school level with end-of-course assessment instruments. The rules
25188 must provide for the end-of-course assessment instruments adopted
25289 under Section 39.023(c) to be administered beginning with students
25390 enrolled in [entering] the ninth grade for the first time during the
25491 2011-2012 school year. During the period under which the
25592 transition to end-of-course assessment instruments is made:
25693 (1) for students entering a grade above the ninth
257- grade during the 2011-2012 school year, the commissioner shall
94+ grade during the 2011-2012 school year, the commissioner shall may
25895 retain, administer, and use for purposes of accreditation and other
25996 campus and district accountability measures under this chapter the
26097 assessment instruments required by Section 39.023(a) or (c), as
26198 that section existed before amendment by Chapter 1312 (S.B.
26299 No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
263100 (2) a student subject to Subdivision (1) may not
264101 receive a high school diploma unless the student has performed
265102 satisfactorily, as determined by the commissioner under Subsection
266- (f-1), on the SAT, the ACT, or the Texas Success Initiative (TSI)
267- diagnostic assessment [each required assessment instrument
268- administered under Section 39.023(c) as that section existed before
269- amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th
270- Legislature, Regular Session, 2007].
103+ (f-1), on an assessment instrument designated by the commissioner
104+ which must include, to the extent feasible, the SAT, the ACT, or the
105+ Texas Success Initiative (TSI) diagnostic assessment, or the
106+ assessment or assessments currently administered for graduation
107+ purposes. [each required assessment instrument administered under
108+ Section 39.023(c) as that section existed before amendment by
109+ Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
110+ Session, 2007]. The district shall determine the assessment to be
111+ administered.
271112 (f-1) The commissioner shall determine the level of
272- performance considered to be satisfactory on the SAT, the ACT, and
273- the Texas Success Initiative (TSI) diagnostic assessment for a
274- student described by Subsection (f)(1) to qualify for a high school
113+ performance considered to be satisfactory on an assessment
114+ instrument designated by the commissioner which must include, to
115+ the extent feasible, the SAT, the ACT, the Texas Success Initiative
116+ (TSI) diagnostic assessment, and or the assessment or assessments
117+ currently administered for graduation purposes for a student
118+ described by Subsection (f)(1) to qualify for a high school
275119 diploma. In determining satisfactory performance, the
276120 commissioner shall ensure that the level of performance determined
277121 under this subsection as satisfactory is equivalent to the level of
278122 performance required under Subsection (a) for satisfactory
279123 performance on an end-of-course assessment instrument.
280124 Notwithstanding Subsection (f), the commissioner is not required to
281125 retain, administer, or use assessment instruments described by
282126 Subsection (f)(1) after September 1, 2017.
283- SECTION 8. Section 39.203(c), Education Code, is amended to
284- read as follows:
285- (c) In addition to the distinction designations described
286- by Subsections (a) and (b), a campus that satisfies the criteria
287- developed under Section 39.204 shall be awarded a distinction
288- designation by the commissioner for outstanding performance
289- in academic achievement in reading [English language arts],
290- mathematics, or science[, or social studies].
291- SECTION 9. Section 39.301(c), Education Code, is amended to
292- read as follows:
293- (c) Indicators for reporting purposes must include:
294- (1) the percentage of graduating students who meet the
295- course requirements established by State Board of Education rule
296- for:
297- (A) the foundation high school program;
298- (B) the distinguished level of achievement under
299- the foundation high school program; and
300- (C) each endorsement described by Section
301- 28.025(c-1);
302- (2) the results of the SAT, ACT, articulated
303- postsecondary degree programs described by Section 61.852, and
304- certified workforce training programs described by Chapter 311,
305- Labor Code;
306- (3) for students who have failed to perform
307- satisfactorily, under each performance standard under Section
308- 39.0241, on an assessment instrument required under Section
309- 39.023(a) or (c), the performance of those students on subsequent
310- assessment instruments required under those sections, aggregated
311- by grade level and subject area;
312- (4) for each campus, the number of students,
313- disaggregated by major student subpopulations, that take courses
314- under the foundation high school program and take additional
315- courses to earn an endorsement under Section 28.025(c-1),
316- disaggregated by type of endorsement;
317- (5) the percentage of students, aggregated by grade
318- level, provided accelerated instruction under Section 28.0211
319- [28.0211(c)], the results of assessment instruments administered
320- under that section, [the percentage of students promoted through
321- the grade placement committee process under Section 28.0211,] the
322- subject of the assessment instrument on which each student failed
323- to perform satisfactorily under each performance standard under
324- Section 39.0241, and the performance of those students in the
325- subsequent school year [following that promotion] on the assessment
326- instruments required under Section 39.023;
327- (6) the percentage of students of limited English
328- proficiency exempted from the administration of an assessment
329- instrument under Sections 39.027(a)(1) and (2);
330- (7) the percentage of students in a special education
331- program under Subchapter A, Chapter 29, assessed through assessment
332- instruments developed or adopted under Section 39.023(b);
333- (8) the percentage of students who satisfy the college
334- readiness measure;
335- (9) the measure of progress toward dual language
336- proficiency under Section 39.034(b), for students of limited
337- English proficiency, as defined by Section 29.052;
338- (10) the percentage of students who are not
339- educationally disadvantaged;
340- (11) the percentage of students who enroll and begin
341- instruction at an institution of higher education in the school
342- year following high school graduation; and
343- (12) the percentage of students who successfully
344- complete the first year of instruction at an institution of higher
345- education without needing a developmental education course.
346- SECTION 10. Section 51.3062(q-1), Education Code, is
347- amended to read as follows:
127+ SECTION 4. Section 51.3062(q-1), Education Code, is amended
128+ to read as follows:
348129 (q-1) A student who has demonstrated the performance
349130 standard for college readiness as provided by Section 28.008 on the
350131 postsecondary readiness assessment instruments adopted under
351132 Section 39.0238 for Algebra II and English III, as that section
352133 existed before repeal by H.B. 515, Acts of the 85th Legislature,
353134 Regular Session, 2017, is exempt from the requirements of this
354135 section with respect to those content areas. The commissioner of
355136 higher education by rule shall establish the period for which an
356137 exemption under this subsection is valid.
357- SECTION 11. The following provisions of the Education Code
358- are repealed:
359- (1) Sections 28.0211(a-2), (b), (d), (e), (m), and
360- (m-1); and
361- (2) Section 39.0238.
362- SECTION 12. This Act applies beginning with the 2017-2018
138+ SECTION 5. The following provision of the Education Code is
139+ repealed:
140+ (1) Section 39.0238.
141+ SECTION 6. This Act applies beginning with the 2017-2018
363142 school year.
364- SECTION 13. This Act takes effect immediately if it
365- receives a vote of two-thirds of all the members elected to each
366- house, as provided by Section 39, Article III, Texas Constitution.
367- If this Act does not receive the vote necessary for immediate
368- effect, this Act takes effect September 1, 2017.
143+ SECTION 7. This Act takes effect immediately if it receives
144+ a vote of two-thirds of all the members elected to each house, as
145+ provided by Section 39, Article III, Texas Constitution. If this
146+ Act does not receive the vote necessary for immediate effect, this
147+ Act takes effect September 1, 2017.
148+ * * * * *