85R2183 CAE-D
By: Seliger S.B. No. 615
A BILL TO BE ENTITLED
AN ACT
relating to requirements regarding assessment instruments required
for public high school graduation and the use of individual
graduation committees to satisfy certain public high school
graduation requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b-2), Education Code, is amended
to read as follows:
(b-2) An open-enrollment charter school is subject to the
requirement to establish an individual graduation committee under
Section 28.0258. [This subsection expires September 1, 2017.]
SECTION 2. 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 3. 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 4. 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 or[,] 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 5. 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 6. 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 7. Sections 28.025(b-4) and (c-6), Education Code,
are 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.
(c-6) Notwithstanding Subsection (c), a person may receive
a diploma if the person is eligible for a diploma under Section
28.0258. [This subsection expires September 1, 2017.]
SECTION 8. 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:
(A) end-of-course assessment instruments listed
under Section 39.023(c) for courses in which the student was
enrolled; and
(B) the mathematics and reading portions of the
Texas Success Initiative (TSI) diagnostic assessment required to be
administered under Section 39.023(c).
(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 9. Section 28.0258, Education Code, is amended by
amending Subsections (a), (b), (e), (f), (h), (j), and (k) and
adding Subsection (m) to read as follows:
(a) This section applies only to an 11th or 12th grade
student who has failed to comply with the [end-of-course]
assessment instrument performance requirements under Section
39.025 for not more than two subjects identified under Section
39.023(c) [courses]. For purposes of this section, English I
writing, English II writing, and reading are considered separate
subjects.
(b) For each student to whom this section applies, the
school district that the student attends shall establish an
individual graduation committee at the end of or after the
student's 11th grade year to determine whether the student may
qualify to graduate as provided by this section. A student may not
qualify to graduate under this section before the student's 12th
grade year. The committee shall be composed of:
(1) the principal or principal's designee;
(2) for each subject identified under Section
39.023(c) for [end-of-course assessment instrument on] which the
student failed to perform satisfactorily on the appropriate
corresponding required assessment instrument, the teacher of the
course, if appropriate, or a teacher of the student in that subject,
designated by the principal;
(3) the department chair or lead teacher supervising
the teacher described by Subdivision (2); and
(4) as applicable:
(A) the student's parent or person standing in
parental relation to the student;
(B) a designated advocate described by
Subsection (c) if the person described by Paragraph (A) is unable to
serve; or
(C) the student, at the student's option, if the
student is at least 18 years of age or is an emancipated minor.
(e) To be eligible to graduate and receive a high school
diploma under this section, a student must successfully complete
the curriculum requirements required for high school graduation:
(1) identified by the State Board of Education under
Section 28.025(a); or
(2) as otherwise provided by the transition plan
adopted by the commissioner to implement and administer the
amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
Legislature, Regular Session, 2013, replacing the minimum,
recommended, and advanced high school programs with the foundation
high school program [under Section 28.025(h)].
(f) Notwithstanding any other law, a student's individual
graduation committee established under this section shall
recommend additional requirements by which the student may qualify
to graduate, including:
(1) additional remediation; and
(2) for each [end-of-course] assessment instrument
required under Section 39.023(c) on which the student failed to
perform satisfactorily:
(A) the completion of a project related to the
subject [area of the course] that demonstrates proficiency in the
subject [area]; or
(B) the preparation of a portfolio of work
samples in the subject [area of the course], including work samples
[from the course] that demonstrate proficiency in the subject
[area].
(h) In determining whether a student for whom an individual
graduation committee is established is qualified to graduate, the
committee shall consider:
(1) the recommendation of the student's teacher in
each course of the subject for which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument;
(2) the student's grade in each course of the subject
for which the student failed to perform satisfactorily on an
[end-of-course] assessment instrument;
(3) the student's score on each [end-of-course]
assessment instrument required under Section 39.023(c) on which the
student failed to perform satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (f);
(5) the number of hours of remediation that the
student has attended, including[:
[(A) attendance in a college preparatory course
required under Section 39.025(b-2), if applicable; or
[(B)] attendance in and successful completion of
a transitional college course in reading or mathematics;
(6) the student's school attendance rate;
(7) the student's satisfaction of any of the Texas
Success Initiative (TSI) college readiness benchmarks prescribed
by the Texas Higher Education Coordinating Board;
(8) the student's successful completion of a dual
credit course in English, mathematics, science, or social studies;
(9) the student's successful completion of a high
school pre-advanced placement, advanced placement, or
international baccalaureate program course in English,
mathematics, science, or social studies;
(10) the student's rating of advanced high on the most
recent high school administration of the Texas English Language
Proficiency Assessment System;
(11) the student's score of 50 or greater on a
College-Level Examination Program examination;
(12) the student's score on the ACT, the SAT, or the
Armed Services Vocational Aptitude Battery test;
(13) the student's completion of a sequence of courses
under a career and technical education program required to attain
an industry-recognized credential or certificate;
(14) the student's overall preparedness for
postsecondary success; and
(15) any other academic information designated for
consideration by the board of trustees of the school district.
(j) Notwithstanding any action taken by an individual
graduation committee under this section, a school district shall
administer an [end-of-course] assessment instrument required under
Section 39.023(c) to any student who fails to perform
satisfactorily on an [end-of-course] assessment instrument
required under Section 39.023(c) as provided by Section 39.025(b).
For purposes of Section 39.053(c)(1), an assessment instrument
administered as provided by this subsection is considered an
assessment instrument required for graduation retaken by a student.
(k) The commissioner shall adopt rules as necessary to
administer [implement] this section [not later than the 2015-2016
school year].
(m) With respect to students that are administered
end-of-course assessment instruments required by Section
39.023(c), as that section existed before amendment by _.B. ___,
Acts of the 85th Legislature, Regular Session, 2017, as provided by
Sections 39.025(f) and (f-1), English I and English II are
considered separate subjects for purposes of Subsection (a). This
subsection expires September 1, 2023.
SECTION 10. 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 11. 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 each appropriate [end-of-course]
assessment instrument 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 instruments required by
this subsection.
SECTION 12. 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
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 13. Sections 39.023(a-2), (c-1), (c-3), and (e),
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-1) For an [The agency shall develop any] assessment
instrument required under this section that is developed by the
agency, the agency shall develop the assessment instrument in a
manner that allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
(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 listed 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 writing and English II writing 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.
This subsection applies in the same manner to each end-of-course
assessment instrument administered under Subsection (c) [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].
SECTION 14. Sections 39.023(c), (c-2), (c-5), (h), and (i),
Education Code, are amended to read as follows:
(c) 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 may only [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 end-of-course assessment instruments listed
in this subsection. The agency shall also adopt the Texas Success
Initiative (TSI) diagnostic assessment as the assessment
instrument to be administered in mathematics and reading at the
secondary level. The agency shall determine the appropriate grade
level, manner, and schedule for the administration of those
portions of the Texas Success Initiative (TSI) diagnostic
assessment. 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 end-of-course assessment
instruments listed in this subsection. The State Board of
Education shall adopt a schedule for the administration of the
end-of-course assessment instruments that complies with the
requirements of Subsection (c-3).
(c-2) The agency may adopt end-of-course assessment
instruments for subjects [courses] not identified [listed] in
Subsection (c). A student's performance on an end-of-course
assessment instrument adopted under this subsection is not subject
to the performance requirements established under Subsection (c) or
Section 39.025.
(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.
(h) Subject to any alternative procedures provided by rule
under this subsection, 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. The agency by
rule shall adopt procedures to ensure that school districts and
campuses are notified of the results of the mathematics and reading
portions of the Texas Success Initiative (TSI) assessment
administered in accordance with Section 39.023(c) not later than
the 21st day after the date those portions of the assessment are
administered. The school district shall disclose to each district
teacher the results of assessment instruments administered under
this section to students taught by the teacher in the subject for
the school year in which the assessment instrument is administered.
(i) Except as provided by this subsection, the [The]
provisions of this section[, except Subsection (d),] are subject to
modification by rules adopted under Section 39.022. The provisions
of Subsection (c) requiring the administration of the Texas Success
Initiative (TSI) diagnostic assessment in mathematics and reading
at the secondary level and the provisions of Subsection (d)
regarding voluntary standardized end-of-course assessment
instruments are not subject to modification. Each assessment
instrument adopted under [those] rules adopted under Section 39.022
and each assessment instrument required under Subsection (d) must
be reliable and valid and must meet any applicable federal
requirements for measurement of student progress.
SECTION 15. The heading to Section 39.0232, Education Code,
is amended to read as follows:
Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
SECTION 16. Sections 39.0232(a), (b), and (c), Education
Code, are amended to read as follows:
(a) To the extent practicable, the agency shall ensure that
any high school [end-of-course] assessment instrument adopted
under Section 39.023(c) [developed by the agency is developed in
such a manner that the assessment instrument] may be used to
determine the appropriate placement of a student in a course of the
same subject matter at an institution of higher education.
(b) A student's performance on an [end-of-course]
assessment instrument required under Section 39.023(c) may not be
used:
(1) in determining the student's class ranking for any
purpose, including entitlement to automatic college admission
under Section 51.803 or 51.804; or
(2) as a sole criterion in the determination of
whether to admit the student to a general academic teaching
institution in this state.
(c) Subsection (b)(2) does not prohibit a general academic
teaching institution from implementing an admission policy that
takes into consideration a student's performance on an
[end-of-course] assessment instrument required under Section
39.023(c) in addition to other criteria.
SECTION 17. The heading to Section 39.0233, Education Code,
is amended to read as follows:
Sec. 39.0233. SPECIAL-PURPOSE QUESTIONS INCLUDED IN
CERTAIN END-OF-COURSE ASSESSMENT INSTRUMENTS.
SECTION 18. Section 39.0233(b), Education Code, is amended
to read as follows:
(b) The [In addition to the questions adopted under
Subsection (a), the] agency shall adopt a series of questions to be
included in the biology and United States history [an]
end-of-course assessment instruments [instrument] administered
under Section 39.023(c) to be used for purposes of identifying
students who are likely to succeed in an advanced high school
course. A school district shall notify a student who performs at a
high level on the questions adopted under this subsection and the
student's parent or guardian of the student's performance and
potential to succeed in an advanced high school course. A school
district may not require a student to perform at a particular level
on the questions adopted under this subsection in order to be
eligible to enroll in an advanced high school course.
SECTION 19. Section 39.024(i), Education Code, is amended
to read as follows:
(i) The agency shall gather data and conduct research to
substantiate any correlation between a certain level of performance
by students on [end-of-course] assessment instruments required
under Section 39.023(c) and success in:
(1) military service; or
(2) a workforce training, certification, or other
credential program at a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
SECTION 20. Section 39.0241(a-1), Education Code, is
amended to read as follows:
(a-1) Except as provided by this subsection, the [The]
commissioner of education, in collaboration with the commissioner
of higher education, shall determine the level of performance
necessary to indicate college readiness, as defined by Section
39.024(a). The level of performance necessary to indicate college
readiness, as defined by Section 39.024(a), for the mathematics and
reading portion of the Texas Success Initiative (TSI) diagnostic
assessment required to be administered under Section 39.023(c) is
satisfaction of the Texas Success Initiative (TSI) college
readiness benchmarks prescribed by the Texas Higher Education
Coordinating Board under Section 51.3062(f).
SECTION 21. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (a-3), (a-4), (b), (b-1), and (f)
and adding Subsection (f-1) 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 an end-of-course assessment instrument listed in
Section 39.023(c) only for a course in which the student is enrolled
and for which an end-of-course assessment instrument is
administered. Each student in the foundation high school program
under Section 28.025 shall be administered the Texas Success
Initiative (TSI) diagnostic assessment in mathematics and reading
as provided by agency rule under Section 39.023(c). 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 writing and
English II writing 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.
(a-3) A student who, after retaking an end-of-course
assessment instrument for [Algebra I or] English II writing, has
failed to perform satisfactorily as required by Subsection (a), but
who receives a score of proficient on the writing portion of the
Texas Success Initiative (TSI) diagnostic assessment [for the
corresponding subject for which the student failed to perform
satisfactorily on the end-of-course assessment instrument]
satisfies the requirement concerning the [Algebra I or] English II
writing end-of-course assessment instrument[, as applicable. This
subsection expires September 1, 2017].
(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
[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 and administer 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 the Algebra I end-of-course assessment instrument with
the Texas Success Initiative (TSI) diagnostic assessment in
mathematics and English I and II end-of-course assessment
instruments with the Texas Success Initiative (TSI) diagnostic
assessment in reading and the English I writing and English II
writing [general subject assessment instruments administered at
the high school level with] end-of-course assessment instruments as
provided by Section 39.023(c). Except as otherwise provided by
this subsection, the [The] rules must provide for the replacement
[end-of-course] assessment 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. The
rules must provide that:
(1) a student entering the ninth grade during the
2017-2018 school year who, before entering the ninth grade, was
administered and performed successfully on the Algebra I
end-of-course assessment instrument satisfies the requirements
concerning the Texas Success Initiative (TSI) diagnostic
assessment in mathematics as prescribed by Section 39.025(a);
(2) a student entering the ninth grade during the
2017-2018 school year who, before entering the ninth grade, was
administered and performed successfully on the English I
end-of-course assessment instrument:
(A) may choose to be administered the English II
end-of-course assessment instrument under Section 39.023(c), as
that section existed before amendment by _.B. ___, Acts of the 85th
Legislature, Regular Session, 2017, provided that the student's
parent or person standing in parental relation to the student
consents; and
(B) must comply with the performance
requirements of Section 39.025, as that section existed before
amendment by _.B. ___, Acts of the 85th Legislature, Regular
Session, 2017, for purposes of the English II assessment
instrument;
(3) a student entering a grade above the ninth grade
during the 2017-2018 school year may choose to be administered the
replacement assessment instruments, provided that the student's
parent or person standing in parental relation to the student
consents, and must comply with the performance requirements of
Section 39.025; and
(4) a student entering a grade above the ninth grade
during the 2017-2018 school year who does not make the choice
provided by Subdivision (3) must be administered the end-of-course
assessment instruments listed under Section 39.023(c), as that
section existed before amendment by _.B. ___, Acts of the 85th
Legislature, Regular Session, 2017, and must comply with the
performance requirements of Section 39.025, as that section existed
before amendment by _.B. ___, Acts of the 85th Legislature, Regular
Session, 2017.
(f-1) During the period under which the transition to the
replacement instruments described by Subsection (f) [end-of-course
assessment instruments] is made:
(1) for students described by Subsection (f)(1),
students described by Subsection (f)(2) who make the choice
provided by that subdivision, and students described by Subsection
(f)(4) [entering a grade above the ninth grade during the 2011-2012
school year], the commissioner shall provide for the retention,
administration [retain, administer], and use for purposes of
accreditation and other campus and district accountability
measures under this chapter the applicable 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:
(A) the student has performed satisfactorily on:
(i) each required assessment instrument
administered under Section 39.023(c) applicable to the student; and
(ii) 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, applicable to the student; or
(B) an individual graduation committee
established under Section 28.0258 determines that the student is
eligible to receive a high school diploma [Chapter 1312 (S.B.
No. 1031), Acts of the 80th Legislature, Regular Session, 2007].
SECTION 22. Section 39.025(a-2), Education Code, as added
by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a-2) Notwithstanding Subsection (a), a student who has
failed to perform satisfactorily on [end-of-course] assessment
instruments in the manner provided under this section may receive a
high school diploma if the student has qualified for graduation
under Section 28.0258. [This subsection expires September 1,
2017.]
SECTION 23. Section 39.025(a-2), Education Code, as added
by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a-2) The commissioner shall determine a method by which a
student's satisfactory performance on an advanced placement test,
an international baccalaureate examination, an SAT Subject Test,
the SAT, the ACT, or any nationally recognized norm-referenced
assessment instrument used by institutions of higher education to
award course credit based on satisfactory performance on the
assessment instrument shall be used to satisfy the requirements
concerning an [end-of-course] assessment instrument required under
Section 39.023(c) in an equivalent subject [course] as prescribed
by Subsection (a). The commissioner shall determine a method by
which a student's satisfactory performance on the PSAT or the
ACT-Plan shall be used to satisfy the requirements concerning an
[end-of-course] assessment instrument required under Section
39.023(c) in an equivalent subject [course] as prescribed by
Subsection (a). A student who fails to perform satisfactorily on a
test or other assessment instrument authorized under this
subsection, other than the PSAT or the ACT-Plan, may retake that
test or other assessment instrument for purposes of this subsection
or may take the appropriate [end-of-course] assessment instrument
required under Section 39.023(c). A student who fails to perform
satisfactorily on the PSAT or the ACT-Plan must take the
appropriate [end-of-course] assessment instrument required under
Section 39.023(c). The commissioner shall adopt rules as necessary
for the administration of this subsection.
SECTION 24. 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 25. Section 39.035, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Subject to Subsection (b) and except as provided by
Subsection (b-1), 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.
(b-1) Subsection (a) does not apply to the Texas Success
Initiative (TSI) diagnostic assessment in mathematics and reading
administered under Section 39.023(c).
SECTION 26. Section 39.053(d-1), Education Code, is amended
to read as follows:
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1), the performance of a student enrolled below the high school
level on an assessment instrument required under Section 39.023(c)
is included with results relating to other students enrolled at the
same grade level. This subsection expires September 1, 2018.
SECTION 27. 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). This subsection expires
September 1, 2018.
SECTION 28. 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 applicable 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 29. The following sections of the Education Code
are repealed:
(1) Section 28.0258(l);
(2) Section 28.0259(e);
(3) Section 39.0233(a); and
(4) Section 39.025(e-1).
SECTION 30. A reference in the Education Code to an
assessment instrument under Section 39.023(c), Education Code, as
amended by this Act, includes, as applicable, an Algebra I, English
I, or English II end-of-course assessment instrument administered
under the transition plan provided for under Section 39.025(f),
Education Code, as amended by this Act, and Section 39.025(f-1),
Education Code, as added by this Act.
SECTION 31. (a) As soon as practicable, each school
district that provided notice to an eighth grade student under
Section 39.025(g), Education Code, during the 2016-2017 school year
shall send an updated notice to that student informing the student
of:
(1) the specific requirements applicable to the
student under Section 39.025(a), Education Code, as amended by this
Act; and
(2) the options available to students who qualify
under Sections 39.025(f)(1) and (2), as added by this Act.
(b) As soon as practicable, the commissioner of education
shall determine the level of performance considered to be
satisfactory as required under Section 39.0241(a), Education Code,
on the mathematics and reading portions of the Texas Success
Initiative (TSI) diagnostic assessment required under Section
39.023(c), Education Code, as amended by this Act.
SECTION 32. This Act applies beginning with the 2017-2018
school year.
SECTION 33. 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.