Texas 2017 - 85th Regular

Texas Senate Bill SB615 Compare Versions

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

Old	New	Differences
1	1	85R2183 CAE-D
2	2	By: Seliger S.B. No. 615
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements regarding assessment instruments required
8	8	for public high school graduation and the use of individual
9	9	graduation committees to satisfy certain public high school
10	10	graduation requirements.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.104(b-2), Education Code, is amended
13	13	to read as follows:
14	14	(b-2) An open-enrollment charter school is subject to the
15	15	requirement to establish an individual graduation committee under
16	16	Section 28.0258. [This subsection expires September 1, 2017.]
17	17	SECTION 2. Section 18.006(b), Education Code, is amended to
18	18	read as follows:
19	19	(b) In addition to other factors determined to be
20	20	appropriate by the commissioner, the accountability system must
21	21	include consideration of:
22	22	(1) student performance on the [end-of-course]
23	23	assessment instruments required by Section 39.023(c); and
24	24	(2) dropout rates, including dropout rates and diploma
25	25	program completion rates for the grade levels served by the diploma
26	26	program.
27	27	SECTION 3. Section 25.005(b), Education Code, is amended to
28	28	read as follows:
29	29	(b) A reciprocity agreement must:
30	30	(1) address procedures for:
31	31	(A) transferring student records;
32	32	(B) awarding credit for completed course work;
33	33	and
34	34	(C) permitting a student to satisfy the
35	35	requirements of Section 39.025 through successful performance on
36	36	comparable [end-of-course or other exit-level] assessment
37	37	instruments administered in another state; and
38	38	(2) include appropriate criteria developed by the
39	39	agency.
40	40	SECTION 4. Section 28.014(a), Education Code, is amended to
41	41	read as follows:
42	42	(a) Each school district shall partner with at least one
43	43	institution of higher education to develop and provide courses in
44	44	college preparatory mathematics and English language arts. The
45	45	courses must be designed:
46	46	(1) for students at the 12th grade level whose
47	47	performance on:
48	48	(A) an [end-of-course] assessment instrument
49	49	required under Section 39.023(c) does not meet college readiness
50	50	standards; or
51	51	(B) coursework or[,] a college entrance
52	52	examination[, or an assessment instrument designated under Section
53	53	51.3062(c)] indicates that the student is not ready to perform
54	54	entry-level college coursework; and
55	55	(2) to prepare students for success in entry-level
56	56	college courses.
57	57	SECTION 5. Section 28.0211(o), Education Code, is amended
58	58	to read as follows:
59	59	(o) This section does not require the administration of
60	60	a fifth [or eighth] grade assessment instrument in a subject under
61	61	Section 39.023(a) to a student enrolled in the fifth [or eighth]
62	62	grade[, as applicable,] if the student[:
63	63	[(1)] is enrolled in a course in the subject intended
64	64	for students above the student's grade level and will be
65	65	administered an assessment instrument adopted or developed under
66	66	Section 39.023(a) that aligns with the curriculum for the course in
67	67	which the student is enrolled[; or
68	68	[(2) is enrolled in a course in the subject for which
69	69	the student will receive high school academic credit and will be
70	70	administered an end-of-course assessment instrument adopted under
71	71	Section 39.023(c) for the course].
72	72	SECTION 6. Section 28.023(c), Education Code, is amended to
73	73	read as follows:
74	74	(c) A school district shall give a student in grade level
75	75	six or above credit for a subject on the basis of an examination for
76	76	credit in the subject approved by the board of trustees under
77	77	Subsection (a) if the student scores in the 80th percentile or above
78	78	on the examination or if the student achieves a score as provided by
79	79	Subsection (c-1). If a student is given credit in a subject on the
80	80	basis of an examination, the district shall enter the examination
81	81	score on the student's transcript and the student is not required to
82	82	take an [end-of-course] assessment instrument adopted under
83	83	Section 39.023(c) for that subject.
84	84	SECTION 7. Sections 28.025(b-4) and (c-6), Education Code,
85	85	are amended to read as follows:
86	86	(b-4) A school district may offer the curriculum described
87	87	in Subsections (b-1)(1) through (4) in an applied manner. Courses
88	88	delivered in an applied manner must cover the essential knowledge
89	89	and skills, and the student shall be administered the applicable
90	90	[end-of-course] assessment instrument as provided by Sections
91	91	39.023(c) and 39.025.
92	92	(c-6) Notwithstanding Subsection (c), a person may receive
93	93	a diploma if the person is eligible for a diploma under Section
94	94	28.0258. [This subsection expires September 1, 2017.]
95	95	SECTION 8. Section 28.0255, Education Code, is amended by
96	96	amending Subsections (g) and (h) and adding Subsection (g-1) to
97	97	read as follows:
98	98	(g) A student entering the ninth grade during the 2017-2018
99	99	school year is entitled to a high school diploma if the student:
100	100	(1) successfully complies with the curriculum
101	101	requirements specified under Subsection (e); and
102	102	(2) performs satisfactorily, as determined by the
103	103	commissioner under Subsection (h), on:
104	104	(A) end-of-course assessment instruments listed
105	105	under Section 39.023(c) for courses in which the student was
106	106	enrolled; and
107	107	(B) the mathematics and reading portions of the
108	108	Texas Success Initiative (TSI) diagnostic assessment required to be
109	109	administered under Section 39.023(c).
110	110	(g-1) A student other than a student described by Subsection
111	111	(g) is entitled to a high school diploma if the student:
112	112	(1) successfully complies with the curriculum
113	113	requirements specified under Subsection (e); and
114	114	(2) performs satisfactorily, as determined by the
115	115	commissioner under Subsection (h), on assessment instruments
116	116	listed under Section 39.023(c), as that section existed before
117	117	amendment by _.B. ___, Acts of the 85th Legislature, Regular
118	118	Session, 2017, for courses in which the student was enrolled.
119	119	(h) For purposes of Subsections [Subsection] (g)(2) and
120	120	(g-1)(2), the commissioner shall determine the level of
121	121	satisfactory performance on applicable [end-of-course] assessment
122	122	instruments administered to a student.
123	123	SECTION 9. Section 28.0258, Education Code, is amended by
124	124	amending Subsections (a), (b), (e), (f), (h), (j), and (k) and
125	125	adding Subsection (m) to read as follows:
126	126	(a) This section applies only to an 11th or 12th grade
127	127	student who has failed to comply with the [end-of-course]
128	128	assessment instrument performance requirements under Section
129	129	39.025 for not more than two subjects identified under Section
130	130	39.023(c) [courses]. For purposes of this section, English I
131	131	writing, English II writing, and reading are considered separate
132	132	subjects.
133	133	(b) For each student to whom this section applies, the
134	134	school district that the student attends shall establish an
135	135	individual graduation committee at the end of or after the
136	136	student's 11th grade year to determine whether the student may
137	137	qualify to graduate as provided by this section. A student may not
138	138	qualify to graduate under this section before the student's 12th
139	139	grade year. The committee shall be composed of:
140	140	(1) the principal or principal's designee;
141	141	(2) for each subject identified under Section
142	142	39.023(c) for [end-of-course assessment instrument on] which the
143	143	student failed to perform satisfactorily on the appropriate
144	144	corresponding required assessment instrument, the teacher of the
145	145	course, if appropriate, or a teacher of the student in that subject,
146	146	designated by the principal;
147	147	(3) the department chair or lead teacher supervising
148	148	the teacher described by Subdivision (2); and
149	149	(4) as applicable:
150	150	(A) the student's parent or person standing in
151	151	parental relation to the student;
152	152	(B) a designated advocate described by
153	153	Subsection (c) if the person described by Paragraph (A) is unable to
154	154	serve; or
155	155	(C) the student, at the student's option, if the
156	156	student is at least 18 years of age or is an emancipated minor.
157	157	(e) To be eligible to graduate and receive a high school
158	158	diploma under this section, a student must successfully complete
159	159	the curriculum requirements required for high school graduation:
160	160	(1) identified by the State Board of Education under
161	161	Section 28.025(a); or
162	162	(2) as otherwise provided by the transition plan
163	163	adopted by the commissioner to implement and administer the
164	164	amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
165	165	Legislature, Regular Session, 2013, replacing the minimum,
166	166	recommended, and advanced high school programs with the foundation
167	167	high school program [under Section 28.025(h)].
168	168	(f) Notwithstanding any other law, a student's individual
169	169	graduation committee established under this section shall
170	170	recommend additional requirements by which the student may qualify
171	171	to graduate, including:
172	172	(1) additional remediation; and
173	173	(2) for each [end-of-course] assessment instrument
174	174	required under Section 39.023(c) on which the student failed to
175	175	perform satisfactorily:
176	176	(A) the completion of a project related to the
177	177	subject [area of the course] that demonstrates proficiency in the
178	178	subject [area]; or
179	179	(B) the preparation of a portfolio of work
180	180	samples in the subject [area of the course], including work samples
181	181	[from the course] that demonstrate proficiency in the subject
182	182	[area].
183	183	(h) In determining whether a student for whom an individual
184	184	graduation committee is established is qualified to graduate, the
185	185	committee shall consider:
186	186	(1) the recommendation of the student's teacher in
187	187	each course of the subject for which the student failed to perform
188	188	satisfactorily on an [end-of-course] assessment instrument;
189	189	(2) the student's grade in each course of the subject
190	190	for which the student failed to perform satisfactorily on an
191	191	[end-of-course] assessment instrument;
192	192	(3) the student's score on each [end-of-course]
193	193	assessment instrument required under Section 39.023(c) on which the
194	194	student failed to perform satisfactorily;
195	195	(4) the student's performance on any additional
196	196	requirements recommended by the committee under Subsection (f);
197	197	(5) the number of hours of remediation that the
198	198	student has attended, including[:
199	199	[(A) attendance in a college preparatory course
200	200	required under Section 39.025(b-2), if applicable; or
201	201	[(B)] attendance in and successful completion of
202	202	a transitional college course in reading or mathematics;
203	203	(6) the student's school attendance rate;
204	204	(7) the student's satisfaction of any of the Texas
205	205	Success Initiative (TSI) college readiness benchmarks prescribed
206	206	by the Texas Higher Education Coordinating Board;
207	207	(8) the student's successful completion of a dual
208	208	credit course in English, mathematics, science, or social studies;
209	209	(9) the student's successful completion of a high
210	210	school pre-advanced placement, advanced placement, or
211	211	international baccalaureate program course in English,
212	212	mathematics, science, or social studies;
213	213	(10) the student's rating of advanced high on the most
214	214	recent high school administration of the Texas English Language
215	215	Proficiency Assessment System;
216	216	(11) the student's score of 50 or greater on a
217	217	College-Level Examination Program examination;
218	218	(12) the student's score on the ACT, the SAT, or the
219	219	Armed Services Vocational Aptitude Battery test;
220	220	(13) the student's completion of a sequence of courses
221	221	under a career and technical education program required to attain
222	222	an industry-recognized credential or certificate;
223	223	(14) the student's overall preparedness for
224	224	postsecondary success; and
225	225	(15) any other academic information designated for
226	226	consideration by the board of trustees of the school district.
227	227	(j) Notwithstanding any action taken by an individual
228	228	graduation committee under this section, a school district shall
229	229	administer an [end-of-course] assessment instrument required under
230	230	Section 39.023(c) to any student who fails to perform
231	231	satisfactorily on an [end-of-course] assessment instrument
232	232	required under Section 39.023(c) as provided by Section 39.025(b).
233	233	For purposes of Section 39.053(c)(1), an assessment instrument
234	234	administered as provided by this subsection is considered an
235	235	assessment instrument required for graduation retaken by a student.
236	236	(k) The commissioner shall adopt rules as necessary to
237	237	administer [implement] this section [not later than the 2015-2016
238	238	school year].
239	239	(m) With respect to students that are administered
240	240	end-of-course assessment instruments required by Section
241	241	39.023(c), as that section existed before amendment by _.B. ___,
242	242	Acts of the 85th Legislature, Regular Session, 2017, as provided by
243	243	Sections 39.025(f) and (f-1), English I and English II are
244	244	considered separate subjects for purposes of Subsection (a). This
245	245	subsection expires September 1, 2023.
246	246	SECTION 10. Sections 29.081(b) and (b-1), Education Code,
247	247	are amended to read as follows:
248	248	(b) Each district shall provide accelerated instruction to
249	249	a student enrolled in the district who has taken an [end-of-course]
250	250	assessment instrument required [administered] under Section
251	251	39.023(c) and has not performed satisfactorily on the assessment
252	252	instrument or who is at risk of dropping out of school.
253	253	(b-1) Each school district shall offer before the next
254	254	scheduled administration of the assessment instrument, without
255	255	cost to the student, additional accelerated instruction to each
256	256	student in any subject in which the student failed to perform
257	257	satisfactorily on an [end-of-course] assessment instrument
258	258	required for graduation.
259	259	SECTION 11. Section 29.087(f), Education Code, is amended
260	260	to read as follows:
261	261	(f) A student participating in a program authorized by this
262	262	section, other than a student ordered to participate under
263	263	Subsection (d)(1), must have taken the appropriate [end-of-course]
264	264	assessment instruments specified by Section 39.023(c) before
265	265	entering the program and must take each appropriate [end-of-course]
266	266	assessment instrument administered during the period in which the
267	267	student is enrolled in the program. Except for a student ordered
268	268	to participate under Subsection (d)(1), a student participating in
269	269	the program may not take the high school equivalency examination
270	270	unless the student has taken the assessment instruments required by
271	271	this subsection.
272	272	SECTION 12. Section 29.402(b), Education Code, is amended
273	273	to read as follows:
274	274	(b) A person who is under 26 years of age is eligible to
275	275	enroll in a dropout recovery program under this subchapter if the
276	276	person:
277	277	(1) must complete not more than three course credits
278	278	to complete the curriculum requirements for the foundation high
279	279	school program for high school graduation; or
280	280	(2) has failed to perform satisfactorily on:
281	281	(A) an [end-of-course] assessment instrument
282	282	administered under Section 39.023(c);
283	283	(B) an assessment instrument administered under
284	284	Section 39.023(c) as that section existed before amendment by _.B.
285	285	___, Acts of the 85th Legislature, Regular Session, 2017; or
286	286	(C) an assessment instrument administered under
287	287	Section 39.023(c) as that section existed before amendment by
288	288	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
289	289	Session, 2007.
290	290	SECTION 13. Sections 39.023(a-2), (c-1), (c-3), and (e),
291	291	Education Code, as effective September 1, 2017, are amended to read
292	292	as follows:
293	293	(a-2) Except as required by federal law, a student is not
294	294	required to be assessed in a subject otherwise assessed at the
295	295	student's grade level under Subsection (a) if the student[:
296	296	[(1)] is enrolled in a course in the subject intended
297	297	for students above the student's grade level and will be
298	298	administered an assessment instrument adopted or developed under
299	299	Subsection (a) that aligns with the curriculum for the course in
300	300	which the student is enrolled[; or
301	301	[(2) is enrolled in a course in the subject for which
302	302	the student will receive high school academic credit and will be
303	303	administered an end-of-course assessment instrument adopted under
304	304	Subsection (c) for the course].
305	305	(c-1) For an [The agency shall develop any] assessment
306	306	instrument required under this section that is developed by the
307	307	agency, the agency shall develop the assessment instrument in a
308	308	manner that allows for the measurement of annual improvement in
309	309	student achievement as required by Sections 39.034(c) and (d).
310	310	(c-3) In adopting a schedule for the administration of
311	311	assessment instruments under this section, the State Board of
312	312	Education shall require:
313	313	(1) assessment instruments administered under
314	314	Subsection (a) to be administered on a schedule so that the first
315	315	assessment instrument is administered at least two weeks later than
316	316	the date on which the first assessment instrument was administered
317	317	under Subsection (a) during the 2006-2007 school year; and
318	318	(2) the spring administration of end-of-course
319	319	assessment instruments listed under Subsection (c) to occur in each
320	320	school district not earlier than the first full week in May, except
321	321	that the spring administration of the end-of-course assessment
322	322	instruments in English I writing and English II writing must be
323	323	permitted to occur at an earlier date.
324	324	(e) Under rules adopted by the State Board of Education,
325	325	every third year, the agency shall release the questions and answer
326	326	keys to each assessment instrument administered under Subsection
327	327	(a), (b), [(c),] (d), or (l), excluding any assessment instrument
328	328	administered to a student for the purpose of retaking the
329	329	assessment instrument, after the last time the instrument is
330	330	administered for that school year. To ensure a valid bank of
331	331	questions for use each year, the agency is not required to release a
332	332	question that is being field-tested and was not used to compute the
333	333	student's score on the instrument. The agency shall also release,
334	334	under board rule, each question that is no longer being
335	335	field-tested and that was not used to compute a student's score.
336	336	This subsection applies in the same manner to each end-of-course
337	337	assessment instrument administered under Subsection (c) [During
338	338	the 2014-2015 and 2015-2016 school years, the agency shall release
339	339	the questions and answer keys to assessment instruments as
340	340	described by this subsection each year].
341	341	SECTION 14. Sections 39.023(c), (c-2), (c-5), (h), and (i),
342	342	Education Code, are amended to read as follows:
343	343	(c) The agency shall also adopt end-of-course assessment
344	344	instruments for secondary-level courses in [Algebra I,] biology,
345	345	English I, English II, and United States history. [The Algebra I
346	346	end-of-course assessment instrument must be administered with the
347	347	aid of technology.] The English I and English II end-of-course
348	348	assessment instruments may only [must each] assess essential
349	349	knowledge and skills in [both reading and] writing [in the same
350	350	assessment instrument and must provide a single score]. A school
351	351	district shall comply with State Board of Education rules regarding
352	352	administration of the end-of-course assessment instruments listed
353	353	in this subsection. The agency shall also adopt the Texas Success
354	354	Initiative (TSI) diagnostic assessment as the assessment
355	355	instrument to be administered in mathematics and reading at the
356	356	secondary level. The agency shall determine the appropriate grade
357	357	level, manner, and schedule for the administration of those
358	358	portions of the Texas Success Initiative (TSI) diagnostic
359	359	assessment. If a student is in a special education program under
360	360	Subchapter A, Chapter 29, the student's admission, review, and
361	361	dismissal committee shall determine whether any allowable
362	362	modification is necessary in administering to the student an
363	363	assessment instrument required under this subsection. The State
364	364	Board of Education shall administer the end-of-course assessment
365	365	instruments listed in this subsection. The State Board of
366	366	Education shall adopt a schedule for the administration of the
367	367	end-of-course assessment instruments that complies with the
368	368	requirements of Subsection (c-3).
369	369	(c-2) The agency may adopt end-of-course assessment
370	370	instruments for subjects [courses] not identified [listed] in
371	371	Subsection (c). A student's performance on an end-of-course
372	372	assessment instrument adopted under this subsection is not subject
373	373	to the performance requirements established under Subsection (c) or
374	374	Section 39.025.
375	375	(c-5) A student's performance on an [end-of-course]
376	376	assessment instrument required under Subsection (c) must be
377	377	included in the student's academic achievement record.
378	378	(h) Subject to any alternative procedures provided by rule
379	379	under this subsection, the [The] agency shall notify school
380	380	districts and campuses of the results of assessment instruments
381	381	administered under this section not later than the 21st day after
382	382	the date the assessment instrument is administered. The agency by
383	383	rule shall adopt procedures to ensure that school districts and
384	384	campuses are notified of the results of the mathematics and reading
385	385	portions of the Texas Success Initiative (TSI) assessment
386	386	administered in accordance with Section 39.023(c) not later than
387	387	the 21st day after the date those portions of the assessment are
388	388	administered. The school district shall disclose to each district
389	389	teacher the results of assessment instruments administered under
390	390	this section to students taught by the teacher in the subject for
391	391	the school year in which the assessment instrument is administered.
392	392	(i) Except as provided by this subsection, the [The]
393	393	provisions of this section[, except Subsection (d),] are subject to
394	394	modification by rules adopted under Section 39.022. The provisions
395	395	of Subsection (c) requiring the administration of the Texas Success
396	396	Initiative (TSI) diagnostic assessment in mathematics and reading
397	397	at the secondary level and the provisions of Subsection (d)
398	398	regarding voluntary standardized end-of-course assessment
399	399	instruments are not subject to modification. Each assessment
400	400	instrument adopted under [those] rules adopted under Section 39.022
401	401	and each assessment instrument required under Subsection (d) must
402	402	be reliable and valid and must meet any applicable federal
403	403	requirements for measurement of student progress.
404	404	SECTION 15. The heading to Section 39.0232, Education Code,
405	405	is amended to read as follows:
406	406	Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
407	407	AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
408	408	SECTION 16. Sections 39.0232(a), (b), and (c), Education
409	409	Code, are amended to read as follows:
410	410	(a) To the extent practicable, the agency shall ensure that
411	411	any high school [end-of-course] assessment instrument adopted
412	412	under Section 39.023(c) [developed by the agency is developed in
413	413	such a manner that the assessment instrument] may be used to
414	414	determine the appropriate placement of a student in a course of the
415	415	same subject matter at an institution of higher education.
416	416	(b) A student's performance on an [end-of-course]
417	417	assessment instrument required under Section 39.023(c) may not be
418	418	used:
419	419	(1) in determining the student's class ranking for any
420	420	purpose, including entitlement to automatic college admission
421	421	under Section 51.803 or 51.804; or
422	422	(2) as a sole criterion in the determination of
423	423	whether to admit the student to a general academic teaching
424	424	institution in this state.
425	425	(c) Subsection (b)(2) does not prohibit a general academic
426	426	teaching institution from implementing an admission policy that
427	427	takes into consideration a student's performance on an
428	428	[end-of-course] assessment instrument required under Section
429	429	39.023(c) in addition to other criteria.
430	430	SECTION 17. The heading to Section 39.0233, Education Code,
431	431	is amended to read as follows:
432	432	Sec. 39.0233. SPECIAL-PURPOSE QUESTIONS INCLUDED IN
433	433	CERTAIN END-OF-COURSE ASSESSMENT INSTRUMENTS.
434	434	SECTION 18. Section 39.0233(b), Education Code, is amended
435	435	to read as follows:
436	436	(b) The [In addition to the questions adopted under
437	437	Subsection (a), the] agency shall adopt a series of questions to be
438	438	included in the biology and United States history [an]
439	439	end-of-course assessment instruments [instrument] administered
440	440	under Section 39.023(c) to be used for purposes of identifying
441	441	students who are likely to succeed in an advanced high school
442	442	course. A school district shall notify a student who performs at a
443	443	high level on the questions adopted under this subsection and the
444	444	student's parent or guardian of the student's performance and
445	445	potential to succeed in an advanced high school course. A school
446	446	district may not require a student to perform at a particular level
447	447	on the questions adopted under this subsection in order to be
448	448	eligible to enroll in an advanced high school course.
449	449	SECTION 19. Section 39.024(i), Education Code, is amended
450	450	to read as follows:
451	451	(i) The agency shall gather data and conduct research to
452	452	substantiate any correlation between a certain level of performance
453	453	by students on [end-of-course] assessment instruments required
454	454	under Section 39.023(c) and success in:
455	455	(1) military service; or
456	456	(2) a workforce training, certification, or other
457	457	credential program at a postsecondary educational institution that
458	458	primarily offers associate degrees or certificates or credentials
459	459	other than baccalaureate or advanced degrees.
460	460	SECTION 20. Section 39.0241(a-1), Education Code, is
461	461	amended to read as follows:
462	462	(a-1) Except as provided by this subsection, the [The]
463	463	commissioner of education, in collaboration with the commissioner
464	464	of higher education, shall determine the level of performance
465	465	necessary to indicate college readiness, as defined by Section
466	466	39.024(a). The level of performance necessary to indicate college
467	467	readiness, as defined by Section 39.024(a), for the mathematics and
468	468	reading portion of the Texas Success Initiative (TSI) diagnostic
469	469	assessment required to be administered under Section 39.023(c) is
470	470	satisfaction of the Texas Success Initiative (TSI) college
471	471	readiness benchmarks prescribed by the Texas Higher Education
472	472	Coordinating Board under Section 51.3062(f).
473	473	SECTION 21. Section 39.025, Education Code, is amended by
474	474	amending Subsections (a), (a-1), (a-3), (a-4), (b), (b-1), and (f)
475	475	and adding Subsection (f-1) to read as follows:
476	476	(a) The commissioner shall adopt rules requiring a student
477	477	in the foundation high school program under Section 28.025 to be
478	478	administered an end-of-course assessment instrument listed in
479	479	Section 39.023(c) only for a course in which the student is enrolled
480	480	and for which an end-of-course assessment instrument is
481	481	administered. Each student in the foundation high school program
482	482	under Section 28.025 shall be administered the Texas Success
483	483	Initiative (TSI) diagnostic assessment in mathematics and reading
484	484	as provided by agency rule under Section 39.023(c). A student is
485	485	required to achieve a scale score that indicates satisfactory
486	486	performance, as determined by the commissioner under Section
487	487	39.0241(a), on each [end-of-course] assessment instrument
488	488	administered to the student. For each scale score required under
489	489	this subsection that is not based on a 100-point scale scoring
490	490	system, the commissioner shall provide for conversion, in
491	491	accordance with commissioner rule, of the scale score to an
492	492	equivalent score based on a 100-point scale scoring system. A
493	493	student may not receive a high school diploma until the student has
494	494	performed satisfactorily on [end-of-course] assessment instruments
495	495	in the manner provided under this subsection. This subsection does
496	496	not require a student to demonstrate readiness to enroll in an
497	497	institution of higher education.
498	498	(a-1) A student enrolled in a college preparatory
499	499	[mathematics or] English language arts course under Section 28.014
500	500	who satisfies the Texas Success Initiative (TSI) college readiness
501	501	benchmarks prescribed by the Texas Higher Education Coordinating
502	502	Board under Section 51.3062(f) on an assessment instrument
503	503	designated by the Texas Higher Education Coordinating Board under
504	504	Section 51.3062(c) administered at the end of the college
505	505	preparatory [mathematics or] English language arts course
506	506	satisfies the requirements concerning and is exempt from the
507	507	administration of [the Algebra I or] the English I writing and
508	508	English II writing end-of-course assessment instruments, as
509	509	applicable, as prescribed by Section 39.023(c), even if the student
510	510	did not perform satisfactorily on a previous administration of the
511	511	applicable end-of-course assessment instrument. A student who
512	512	fails to perform satisfactorily on the assessment instrument
513	513	designated by the Texas Higher Education Coordinating Board under
514	514	Section 51.3062(c) administered as provided by this subsection may
515	515	retake that assessment instrument for purposes of this subsection
516	516	or may take the appropriate end-of-course assessment instrument.
517	517	(a-3) A student who, after retaking an end-of-course
518	518	assessment instrument for [Algebra I or] English II writing, has
519	519	failed to perform satisfactorily as required by Subsection (a), but
520	520	who receives a score of proficient on the writing portion of the
521	521	Texas Success Initiative (TSI) diagnostic assessment [for the
522	522	corresponding subject for which the student failed to perform
523	523	satisfactorily on the end-of-course assessment instrument]
524	524	satisfies the requirement concerning the [Algebra I or] English II
525	525	writing end-of-course assessment instrument[, as applicable. This
526	526	subsection expires September 1, 2017].
527	527	(a-4) The admission, review, and dismissal committee of a
528	528	student in a special education program under Subchapter A, Chapter
529	529	29, shall determine whether, to receive a high school diploma, the
530	530	student is required to achieve satisfactory performance on
531	531	[end-of-course] assessment instruments required under Section
532	532	39.023(c).
533	533	(b) Each time an [end-of-course] assessment instrument
534	534	required [adopted] under Section 39.023(c) is administered, a
535	535	student who failed to achieve a score requirement under Subsection
536	536	(a) may retake the assessment instrument. A student is not required
537	537	to retake a course as a condition of retaking an [end-of-course]
538	538	assessment instrument.
539	539	(b-1) A school district shall provide each student who fails
540	540	to perform satisfactorily as determined by the commissioner under
541	541	Section 39.0241(a) on an [end-of-course] assessment instrument
542	542	required under Section 39.023(c) with accelerated instruction in
543	543	the subject assessed by the assessment instrument.
544	544	(f) The commissioner shall by rule adopt a transition plan
545	545	to implement and administer the amendments made by _.B. ___, Acts of
546	546	the 85th Legislature, Regular Session, 2017 [Chapter 1312 (S.B.
547	547	No. 1031), Acts of the 80th Legislature, Regular Session, 2007],
548	548	replacing the Algebra I end-of-course assessment instrument with
549	549	the Texas Success Initiative (TSI) diagnostic assessment in
550	550	mathematics and English I and II end-of-course assessment
551	551	instruments with the Texas Success Initiative (TSI) diagnostic
552	552	assessment in reading and the English I writing and English II
553	553	writing [general subject assessment instruments administered at
554	554	the high school level with] end-of-course assessment instruments as
555	555	provided by Section 39.023(c). Except as otherwise provided by
556	556	this subsection, the [The] rules must provide for the replacement
557	557	[end-of-course] assessment instruments [adopted under Section
558	558	39.023(c)] to be administered beginning with students entering the
559	559	ninth grade during the 2017-2018 [2011-2012] school year. The
560	560	rules must provide that:
561	561	(1) a student entering the ninth grade during the
562	562	2017-2018 school year who, before entering the ninth grade, was
563	563	administered and performed successfully on the Algebra I
564	564	end-of-course assessment instrument satisfies the requirements
565	565	concerning the Texas Success Initiative (TSI) diagnostic
566	566	assessment in mathematics as prescribed by Section 39.025(a);
567	567	(2) a student entering the ninth grade during the
568	568	2017-2018 school year who, before entering the ninth grade, was
569	569	administered and performed successfully on the English I
570	570	end-of-course assessment instrument:
571	571	(A) may choose to be administered the English II
572	572	end-of-course assessment instrument under Section 39.023(c), as
573	573	that section existed before amendment by _.B. ___, Acts of the 85th
574	574	Legislature, Regular Session, 2017, provided that the student's
575	575	parent or person standing in parental relation to the student
576	576	consents; and
577	577	(B) must comply with the performance
578	578	requirements of Section 39.025, as that section existed before
579	579	amendment by _.B. ___, Acts of the 85th Legislature, Regular
580	580	Session, 2017, for purposes of the English II assessment
581	581	instrument;
582	582	(3) a student entering a grade above the ninth grade
583	583	during the 2017-2018 school year may choose to be administered the
584	584	replacement assessment instruments, provided that the student's
585	585	parent or person standing in parental relation to the student
586	586	consents, and must comply with the performance requirements of
587	587	Section 39.025; and
588	588	(4) a student entering a grade above the ninth grade
589	589	during the 2017-2018 school year who does not make the choice
590	590	provided by Subdivision (3) must be administered the end-of-course
591	591	assessment instruments listed under Section 39.023(c), as that
592	592	section existed before amendment by _.B. ___, Acts of the 85th
593	593	Legislature, Regular Session, 2017, and must comply with the
594	594	performance requirements of Section 39.025, as that section existed
595	595	before amendment by _.B. ___, Acts of the 85th Legislature, Regular
596	596	Session, 2017.
597	597	(f-1) During the period under which the transition to the
598	598	replacement instruments described by Subsection (f) [end-of-course
599	599	assessment instruments] is made:
600	600	(1) for students described by Subsection (f)(1),
601	601	students described by Subsection (f)(2) who make the choice
602	602	provided by that subdivision, and students described by Subsection
603	603	(f)(4) [entering a grade above the ninth grade during the 2011-2012
604	604	school year], the commissioner shall provide for the retention,
605	605	administration [retain, administer], and use for purposes of
606	606	accreditation and other campus and district accountability
607	607	measures under this chapter the applicable assessment instruments
608	608	required by Section 39.023(c) [39.023(a) or (c)], as that section
609	609	existed before amendment by _.B. ___, Acts of the 85th Legislature,
610	610	Regular Session, 2017 [Chapter 1312 (S.B. No. 1031), Acts of the
611	611	80th Legislature, Regular Session, 2007]; and
612	612	(2) a student subject to Subdivision (1) may not
613	613	receive a high school diploma unless:
614	614	(A) the student has performed satisfactorily on:
615	615	(i) each required assessment instrument
616	616	administered under Section 39.023(c) applicable to the student; and
617	617	(ii) each required assessment instrument
618	618	administered under Section 39.023(c), as that section existed
619	619	before amendment by _.B. ___, Acts of the 85th Legislature, Regular
620	620	Session, 2017, applicable to the student; or
621	621	(B) an individual graduation committee
622	622	established under Section 28.0258 determines that the student is
623	623	eligible to receive a high school diploma [Chapter 1312 (S.B.
624	624	No. 1031), Acts of the 80th Legislature, Regular Session, 2007].
625	625	SECTION 22. Section 39.025(a-2), Education Code, as added
626	626	by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
627	627	Session, 2015, is amended to read as follows:
628	628	(a-2) Notwithstanding Subsection (a), a student who has
629	629	failed to perform satisfactorily on [end-of-course] assessment
630	630	instruments in the manner provided under this section may receive a
631	631	high school diploma if the student has qualified for graduation
632	632	under Section 28.0258. [This subsection expires September 1,
633	633	2017.]
634	634	SECTION 23. Section 39.025(a-2), Education Code, as added
635	635	by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
636	636	Session, 2015, is amended to read as follows:
637	637	(a-2) The commissioner shall determine a method by which a
638	638	student's satisfactory performance on an advanced placement test,
639	639	an international baccalaureate examination, an SAT Subject Test,
640	640	the SAT, the ACT, or any nationally recognized norm-referenced
641	641	assessment instrument used by institutions of higher education to
642	642	award course credit based on satisfactory performance on the
643	643	assessment instrument shall be used to satisfy the requirements
644	644	concerning an [end-of-course] assessment instrument required under
645	645	Section 39.023(c) in an equivalent subject [course] as prescribed
646	646	by Subsection (a). The commissioner shall determine a method by
647	647	which a student's satisfactory performance on the PSAT or the
648	648	ACT-Plan shall be used to satisfy the requirements concerning an
649	649	[end-of-course] assessment instrument required under Section
650	650	39.023(c) in an equivalent subject [course] as prescribed by
651	651	Subsection (a). A student who fails to perform satisfactorily on a
652	652	test or other assessment instrument authorized under this
653	653	subsection, other than the PSAT or the ACT-Plan, may retake that
654	654	test or other assessment instrument for purposes of this subsection
655	655	or may take the appropriate [end-of-course] assessment instrument
656	656	required under Section 39.023(c). A student who fails to perform
657	657	satisfactorily on the PSAT or the ACT-Plan must take the
658	658	appropriate [end-of-course] assessment instrument required under
659	659	Section 39.023(c). The commissioner shall adopt rules as necessary
660	660	for the administration of this subsection.
661	661	SECTION 24. Section 39.034(d), Education Code, is amended
662	662	to read as follows:
663	663	(d) The agency shall determine the necessary annual
664	664	improvement required each year for a student to be prepared to
665	665	perform satisfactorily on, as applicable:
666	666	(1) the grade five assessment instruments;
667	667	(2) the grade eight assessment instruments; and
668	668	(3) the [end-of-course] assessment instruments
669	669	required under this subchapter for graduation.
670	670	SECTION 25. Section 39.035, Education Code, is amended by
671	671	amending Subsection (a) and adding Subsection (b-1) to read as
672	672	follows:
673	673	(a) Subject to Subsection (b) and except as provided by
674	674	Subsection (b-1), the agency may conduct field testing of questions
675	675	for any assessment instrument administered under Section
676	676	39.023(a), (b), (c), (d), or (l) that is separate from the
677	677	administration of the assessment instrument not more frequently
678	678	than every other school year.
679	679	(b-1) Subsection (a) does not apply to the Texas Success
680	680	Initiative (TSI) diagnostic assessment in mathematics and reading
681	681	administered under Section 39.023(c).
682	682	SECTION 26. Section 39.053(d-1), Education Code, is amended
683	683	to read as follows:
684	684	(d-1) In aggregating results of assessment instruments
685	685	across grade levels by subject in accordance with Subsection
686	686	(c)(1), the performance of a student enrolled below the high school
687	687	level on an assessment instrument required under Section 39.023(c)
688	688	is included with results relating to other students enrolled at the
689	689	same grade level. This subsection expires September 1, 2018.
690	690	SECTION 27. Section 39.203(d), Education Code, is amended
691	691	to read as follows:
692	692	(d) In addition to the distinction designations otherwise
693	693	described by this section, the commissioner may award a distinction
694	694	designation for outstanding performance in advanced middle or
695	695	junior high school student achievement to a campus with a
696	696	significant number of students below grade nine who perform
697	697	satisfactorily on an end-of-course assessment instrument
698	698	administered under Section 39.023(c). This subsection expires
699	699	September 1, 2018.
700	700	SECTION 28. Section 51.3062(q), Education Code, is amended
701	701	to read as follows:
702	702	(q) A student who has achieved scores set by the board on the
703	703	questions developed for applicable end-of-course assessment
704	704	instruments under Section 39.0233(a), as that section existed
705	705	before repeal by _.B. ___, Acts of the 85th Legislature, Regular
706	706	Session, 2017, is exempt from the requirements of this section. The
707	707	exemption is effective for the three-year period following the date
708	708	a student takes the last assessment instrument for purposes of this
709	709	section and achieves the standard set by the board. This subsection
710	710	does not apply during any period for which the board designates the
711	711	questions developed for end-of-course assessment instruments under
712	712	Section 39.0233(a), as that section existed before repeal by _.B.
713	713	___, Acts of the 85th Legislature, Regular Session, 2017, as the
714	714	primary assessment instrument under this section, except that the
715	715	three-year period described by this subsection remains in effect
716	716	for students who qualify for an exemption under this subsection
717	717	before that period.
718	718	SECTION 29. The following sections of the Education Code
719	719	are repealed:
720	720	(1) Section 28.0258(l);
721	721	(2) Section 28.0259(e);
722	722	(3) Section 39.0233(a); and
723	723	(4) Section 39.025(e-1).
724	724	SECTION 30. A reference in the Education Code to an
725	725	assessment instrument under Section 39.023(c), Education Code, as
726	726	amended by this Act, includes, as applicable, an Algebra I, English
727	727	I, or English II end-of-course assessment instrument administered
728	728	under the transition plan provided for under Section 39.025(f),
729	729	Education Code, as amended by this Act, and Section 39.025(f-1),
730	730	Education Code, as added by this Act.
731	731	SECTION 31. (a) As soon as practicable, each school
732	732	district that provided notice to an eighth grade student under
733	733	Section 39.025(g), Education Code, during the 2016-2017 school year
734	734	shall send an updated notice to that student informing the student
735	735	of:
736	736	(1) the specific requirements applicable to the
737	737	student under Section 39.025(a), Education Code, as amended by this
738	738	Act; and
739	739	(2) the options available to students who qualify
740	740	under Sections 39.025(f)(1) and (2), as added by this Act.
741	741	(b) As soon as practicable, the commissioner of education
742	742	shall determine the level of performance considered to be
743	743	satisfactory as required under Section 39.0241(a), Education Code,
744	744	on the mathematics and reading portions of the Texas Success
745	745	Initiative (TSI) diagnostic assessment required under Section
746	746	39.023(c), Education Code, as amended by this Act.
747	747	SECTION 32. This Act applies beginning with the 2017-2018
748	748	school year.
749	749	SECTION 33. This Act takes effect immediately if it
750	750	receives a vote of two-thirds of all the members elected to each
751	751	house, as provided by Section 39, Article III, Texas Constitution.
752	752	If this Act does not receive the vote necessary for immediate
753	753	effect, this Act takes effect September 1, 2017.