1 | 1 | | 86R9808 GCB-D |
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2 | 2 | | By: Krause H.B. No. 2113 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the academic assessment of public school students. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 18.006(b), Education Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) In addition to other factors determined to be |
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12 | 12 | | appropriate by the commissioner, the accountability system must |
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13 | 13 | | include consideration of: |
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14 | 14 | | (1) student performance on the [end-of-course] |
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15 | 15 | | assessment instruments administered under [required by] Section |
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16 | 16 | | 39.023(c); and |
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17 | 17 | | (2) dropout rates, including dropout rates and diploma |
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18 | 18 | | program completion rates for the grade levels served by the diploma |
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19 | 19 | | program. |
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20 | 20 | | SECTION 2. Section 25.005(b), Education Code, is amended to |
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21 | 21 | | read as follows: |
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22 | 22 | | (b) A reciprocity agreement must: |
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23 | 23 | | (1) address procedures for: |
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24 | 24 | | (A) transferring student records; |
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25 | 25 | | (B) awarding credit for completed course work; |
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26 | 26 | | and |
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27 | 27 | | (C) permitting a student to satisfy the |
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28 | 28 | | requirements of Section 39.025 through successful performance on |
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29 | 29 | | comparable [end-of-course or other exit-level] assessment |
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30 | 30 | | instruments administered in another state; and |
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31 | 31 | | (2) include appropriate criteria developed by the |
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32 | 32 | | agency. |
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33 | 33 | | SECTION 3. Section 28.014(a), Education Code, is amended to |
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34 | 34 | | read as follows: |
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35 | 35 | | (a) Each school district shall partner with at least one |
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36 | 36 | | institution of higher education to develop and provide courses in |
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37 | 37 | | college preparatory mathematics and English language arts. The |
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38 | 38 | | courses must be designed: |
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39 | 39 | | (1) for students at the 12th grade level whose |
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40 | 40 | | performance on: |
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41 | 41 | | (A) an [end-of-course] assessment instrument |
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42 | 42 | | administered [required] under Section 39.023(c) does not meet |
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43 | 43 | | college readiness standards; or |
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44 | 44 | | (B) coursework, a college entrance examination, |
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45 | 45 | | or an assessment instrument designated under Section 51.334 |
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46 | 46 | | indicates that the student is not ready to perform entry-level |
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47 | 47 | | college coursework; and |
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48 | 48 | | (2) to prepare students for success in entry-level |
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49 | 49 | | college courses. |
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50 | 50 | | SECTION 4. Section 28.0211(o), Education Code, is amended |
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51 | 51 | | to read as follows: |
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52 | 52 | | (o) This section does not require the administration of |
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53 | 53 | | a fifth [or eighth] grade assessment instrument in a subject under |
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54 | 54 | | Section 39.023(a) to a student enrolled in the fifth [or eighth] |
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55 | 55 | | grade[, as applicable,] if the student[: |
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56 | 56 | | [(1)] is enrolled in a course in the subject intended |
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57 | 57 | | for students above the student's grade level and will be |
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58 | 58 | | administered an assessment instrument adopted or developed under |
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59 | 59 | | Section 39.023(a) that aligns with the curriculum for the course in |
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60 | 60 | | which the student is enrolled[; or |
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61 | 61 | | [(2) is enrolled in a course in the subject for which |
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62 | 62 | | the student will receive high school academic credit and will be |
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63 | 63 | | administered an end-of-course assessment instrument adopted under |
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64 | 64 | | Section 39.023(c) for the course]. |
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65 | 65 | | SECTION 5. Section 28.023(c), Education Code, is amended to |
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66 | 66 | | read as follows: |
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67 | 67 | | (c) A school district shall give a student in grade level |
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68 | 68 | | six or above credit for a subject on the basis of an examination for |
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69 | 69 | | credit in the subject approved by the board of trustees under |
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70 | 70 | | Subsection (a) if the student scores in the 80th percentile or above |
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71 | 71 | | on the examination or if the student achieves a score as provided by |
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72 | 72 | | Subsection (c-1). If a student is given credit in a subject on the |
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73 | 73 | | basis of an examination, the district shall enter the examination |
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74 | 74 | | score on the student's transcript [and the student is not required |
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75 | 75 | | to take an end-of-course assessment instrument adopted under |
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76 | 76 | | Section 39.023(c) for that subject]. |
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77 | 77 | | SECTION 6. Section 28.025(b-4), Education Code, is amended |
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78 | 78 | | to read as follows: |
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79 | 79 | | (b-4) A school district may offer the curriculum described |
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80 | 80 | | in Subsections (b-1)(1) through (4) in an applied manner. Courses |
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81 | 81 | | delivered in an applied manner must cover the essential knowledge |
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82 | 82 | | and skills[, and the student shall be administered the applicable |
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83 | 83 | | end-of-course assessment instrument as provided by Sections |
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84 | 84 | | 39.023(c) and 39.025]. |
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85 | 85 | | SECTION 7. Section 28.0255, Education Code, is amended by |
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86 | 86 | | amending Subsections (g) and (h) and adding Subsection (g-1) to |
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87 | 87 | | read as follows: |
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88 | 88 | | (g) A student entering the ninth grade for the first time |
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89 | 89 | | beginning with the 2019-2020 school year is entitled to a high |
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90 | 90 | | school diploma if the student: |
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91 | 91 | | (1) successfully complies with the curriculum |
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92 | 92 | | requirements specified under Subsection (e); and |
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93 | 93 | | (2) performs satisfactorily, as determined by the |
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94 | 94 | | commissioner under Subsection (h), on each [end-of-course] |
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95 | 95 | | assessment instrument selected [instruments listed] under Section |
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96 | 96 | | 39.023(c) by the school district [for courses] in which the student |
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97 | 97 | | is [was] enrolled. |
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98 | 98 | | (g-1) A student other than a student described by Subsection |
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99 | 99 | | (g) is entitled to a high school diploma if the student: |
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100 | 100 | | (1) successfully complies with the curriculum |
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101 | 101 | | requirements specified under Subsection (e); and |
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102 | 102 | | (2) performs satisfactorily, as determined by the |
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103 | 103 | | commissioner under Subsection (h), on: |
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104 | 104 | | (A) each assessment instrument selected under |
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105 | 105 | | Section 39.023(c) by the school district in which the student is |
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106 | 106 | | enrolled; or |
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107 | 107 | | (B) assessment instruments listed under Section |
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108 | 108 | | 39.023(c), as that section existed before amendment by _.B. ___, |
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109 | 109 | | Acts of the 86th Legislature, Regular Session, 2019, for courses in |
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110 | 110 | | which the student was enrolled. |
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111 | 111 | | (h) For purposes of Subsections [Subsection] (g)(2) and |
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112 | 112 | | (g-1)(2), the commissioner shall determine the level of |
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113 | 113 | | satisfactory performance on applicable [end-of-course] assessment |
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114 | 114 | | instruments administered to a student. |
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115 | 115 | | SECTION 8. Sections 29.081(b) and (b-1), Education Code, |
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116 | 116 | | are amended to read as follows: |
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117 | 117 | | (b) Each district shall provide accelerated instruction to |
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118 | 118 | | a student enrolled in the district who has taken an [end-of-course] |
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119 | 119 | | assessment instrument administered under Section 39.023(c) and has |
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120 | 120 | | not performed satisfactorily on the assessment instrument or who is |
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121 | 121 | | at risk of dropping out of school. |
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122 | 122 | | (b-1) Each school district shall offer before the next |
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123 | 123 | | scheduled administration of the assessment instrument, without |
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124 | 124 | | cost to the student, additional accelerated instruction to each |
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125 | 125 | | student in any subject in which the student failed to perform |
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126 | 126 | | satisfactorily on an [end-of-course] assessment instrument |
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127 | 127 | | required for graduation. |
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128 | 128 | | SECTION 9. Section 29.087(f), Education Code, is amended to |
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129 | 129 | | read as follows: |
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130 | 130 | | (f) A student participating in a program authorized by this |
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131 | 131 | | section, other than a student ordered to participate under |
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132 | 132 | | Subsection (d)(1), must have taken any [the] appropriate |
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133 | 133 | | [end-of-course] assessment instrument [instruments] specified by |
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134 | 134 | | Section 39.023(c) that is administered before the student enters |
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135 | 135 | | [entering] the program and must take any [each] appropriate |
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136 | 136 | | [end-of-course] assessment instrument that is administered during |
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137 | 137 | | the period in which the student is enrolled in the program. Except |
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138 | 138 | | for a student ordered to participate under Subsection (d)(1), a |
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139 | 139 | | student participating in the program may not take the high school |
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140 | 140 | | equivalency examination unless the student has taken the assessment |
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141 | 141 | | instruments required by this subsection. |
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142 | 142 | | SECTION 10. Section 29.402(b), Education Code, is amended |
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143 | 143 | | to read as follows: |
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144 | 144 | | (b) A person who is under 26 years of age is eligible to |
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145 | 145 | | enroll in a dropout recovery program under this subchapter if the |
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146 | 146 | | person: |
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147 | 147 | | (1) must complete not more than three course credits |
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148 | 148 | | to complete the curriculum requirements for the foundation high |
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149 | 149 | | school program for high school graduation; or |
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150 | 150 | | (2) has failed to perform satisfactorily on, as |
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151 | 151 | | applicable: |
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152 | 152 | | (A) an [end-of-course] assessment instrument |
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153 | 153 | | administered under Section 39.023(c); |
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154 | 154 | | (B) an assessment instrument administered under |
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155 | 155 | | Section 39.023(c) as that section existed before amendment by _.B. |
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156 | 156 | | ___, Acts of the 86th Legislature, Regular Session, 2019; or |
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157 | 157 | | (C) an assessment instrument administered under |
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158 | 158 | | Section 39.023(c) as that section existed before amendment by |
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159 | 159 | | Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular |
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160 | 160 | | Session, 2007. |
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161 | 161 | | SECTION 11. Section 39.023, Education Code, is amended by |
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162 | 162 | | amending Subsections (a), (a-2), (c), (c-3), (c-5), (e), (g), (h), |
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163 | 163 | | (i), and (p) and adding Subsections (h-1) and (q) to read as |
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164 | 164 | | follows: |
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165 | 165 | | (a) The agency shall adopt or develop appropriate |
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166 | 166 | | criterion-referenced assessment instruments designed to assess |
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167 | 167 | | essential knowledge and skills in reading, [writing,] mathematics, |
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168 | 168 | | [social studies,] and science. Except as provided by Subsection |
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169 | 169 | | (a-2), all students, other than students assessed under Subsection |
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170 | 170 | | (b) or (l) or exempted under Section 39.027, shall be assessed in: |
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171 | 171 | | (1) mathematics, annually in grades three through |
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172 | 172 | | seven without the aid of technology and in grade eight with the aid |
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173 | 173 | | of technology on any assessment instrument that includes algebra; |
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174 | 174 | | (2) reading, annually in grades three through eight; |
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175 | 175 | | (3) [writing, including spelling and grammar, in |
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176 | 176 | | grades four and seven; |
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177 | 177 | | [(4) social studies, in grade eight; |
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178 | 178 | | [(5)] science, in grades five and eight; and |
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179 | 179 | | (4) [(6)] any other subject and grade required by |
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180 | 180 | | federal law. |
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181 | 181 | | (a-2) Except as required by federal law, a student is not |
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182 | 182 | | required to be assessed in a subject otherwise assessed at the |
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183 | 183 | | student's grade level under Subsection (a) if the student[: |
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184 | 184 | | [(1)] is enrolled in a course in the subject intended |
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185 | 185 | | for students above the student's grade level and will be |
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186 | 186 | | administered an assessment instrument adopted or developed under |
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187 | 187 | | Subsection (a) that aligns with the curriculum for the course in |
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188 | 188 | | which the student is enrolled[; or |
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189 | 189 | | [(2) is enrolled in a course in the subject for which |
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190 | 190 | | the student will receive high school academic credit and will be |
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191 | 191 | | administered an end-of-course assessment instrument adopted under |
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192 | 192 | | Subsection (c) for the course]. |
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193 | 193 | | (c) The agency shall also provide for [adopt end-of-course] |
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194 | 194 | | assessment instruments for each federally required secondary-level |
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195 | 195 | | subject, including English language arts, mathematics, and |
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196 | 196 | | science. The commissioner shall identify a procedure for a school |
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197 | 197 | | district to select for the assessment of students under this |
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198 | 198 | | subsection the Texas Success Initiative (TSI) diagnostic |
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199 | 199 | | assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any |
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200 | 200 | | other nationally recognized, norm-referenced secondary-level |
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201 | 201 | | assessment instrument designated by the commissioner. Each school |
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202 | 202 | | district shall select one or more assessment instruments for |
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203 | 203 | | purposes of this subsection. A school district that selects more |
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204 | 204 | | than one assessment instrument must administer uniformly to |
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205 | 205 | | students in the district the same assessment instrument to satisfy |
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206 | 206 | | the requirement for the same subject [courses in Algebra I, |
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207 | 207 | | biology, English I, English II, and United States history. The |
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208 | 208 | | Algebra I end-of-course assessment instrument must be administered |
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209 | 209 | | with the aid of technology]. An [The English I and English II |
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210 | 210 | | end-of-course] assessment instrument designated under this section |
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211 | 211 | | [instruments] must [each] assess essential knowledge and skills in |
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212 | 212 | | the appropriate subject [both reading and writing in the same |
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213 | 213 | | assessment instrument and must provide a single score]. A school |
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214 | 214 | | district shall comply with State Board of Education rules regarding |
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215 | 215 | | administration of the assessment instruments under [listed in] this |
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216 | 216 | | subsection. If a student is in a special education program under |
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217 | 217 | | Subchapter A, Chapter 29, the student's admission, review, and |
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218 | 218 | | dismissal committee shall determine whether any allowable |
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219 | 219 | | modification is necessary in administering to the student an |
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220 | 220 | | assessment instrument required under this subsection. [The State |
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221 | 221 | | Board of Education shall administer the assessment instruments. |
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222 | 222 | | The State Board of Education shall adopt a schedule for the |
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223 | 223 | | administration of end-of-course assessment instruments that |
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224 | 224 | | complies with the requirements of Subsection (c-3).] |
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225 | 225 | | (c-3) In adopting a schedule for the administration of |
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226 | 226 | | assessment instruments under this section, the State Board of |
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227 | 227 | | Education shall require[: |
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228 | 228 | | [(1)] assessment instruments administered under |
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229 | 229 | | Subsection (a) to be administered on a schedule so that the first |
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230 | 230 | | assessment instrument is administered at least two weeks later than |
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231 | 231 | | the date on which the first assessment instrument was administered |
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232 | 232 | | under Subsection (a) during the 2006-2007 school year[; and |
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233 | 233 | | [(2) the spring administration of end-of-course |
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234 | 234 | | assessment instruments under Subsection (c) to occur in each school |
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235 | 235 | | district not earlier than the first full week in May, except that |
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236 | 236 | | the spring administration of the end-of-course assessment |
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237 | 237 | | instruments in English I and English II must be permitted to occur |
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238 | 238 | | at an earlier date]. |
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239 | 239 | | (c-5) A student's performance on an [end-of-course] |
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240 | 240 | | assessment instrument administered [required] under Subsection (c) |
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241 | 241 | | must be included in the student's academic achievement record. |
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242 | 242 | | (e) Under rules adopted by the State Board of Education, |
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243 | 243 | | every third year, the agency shall release the questions and answer |
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244 | 244 | | keys to each assessment instrument administered under Subsection |
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245 | 245 | | (a), (b), [(c), (d),] or (l), excluding any assessment instrument |
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246 | 246 | | administered to a student for the purpose of retaking the |
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247 | 247 | | assessment instrument, after the last time the instrument is |
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248 | 248 | | administered for that school year. To ensure a valid bank of |
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249 | 249 | | questions for use each year, the agency is not required to release a |
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250 | 250 | | question that is being field-tested and was not used to compute the |
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251 | 251 | | student's score on the instrument. The agency shall also release, |
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252 | 252 | | under board rule, each question that is no longer being |
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253 | 253 | | field-tested and that was not used to compute a student's score. |
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254 | 254 | | [During the 2014-2015 and 2015-2016 school years, the agency shall |
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255 | 255 | | release the questions and answer keys to assessment instruments as |
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256 | 256 | | described by this subsection each year.] |
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257 | 257 | | (g) An [The State Board of Education may adopt one |
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258 | 258 | | appropriate, nationally recognized, norm-referenced] assessment |
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259 | 259 | | instrument administered under Subsection (c) [in reading and |
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260 | 260 | | mathematics to be administered to a selected sample of students in |
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261 | 261 | | the spring. If adopted, a norm-referenced assessment instrument] |
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262 | 262 | | must be a secured test. The commissioner shall contract with a |
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263 | 263 | | vendor to administer the assessment instrument, complete the |
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264 | 264 | | scoring of the assessment instrument, and distribute within a |
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265 | 265 | | reasonable period the results to the agency and the relevant |
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266 | 266 | | results to each school district. As soon as practicable after the |
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267 | 267 | | district receives the results from the vendor under this |
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268 | 268 | | subsection, the district shall: |
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269 | 269 | | (1) distribute the relevant results to each district |
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270 | 270 | | campus; and |
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271 | 271 | | (2) provide written notice to the student and the |
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272 | 272 | | person standing in parental relation to the student that states the |
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273 | 273 | | student's results and whether the student performed satisfactorily |
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274 | 274 | | on the assessment instrument [The state may pay the costs of |
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275 | 275 | | purchasing and scoring the adopted assessment instrument and of |
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276 | 276 | | distributing the results of the adopted instrument to the school |
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277 | 277 | | districts. A district that administers the norm-referenced test |
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278 | 278 | | adopted under this subsection shall report the results to the |
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279 | 279 | | agency in a manner prescribed by the commissioner]. |
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280 | 280 | | (h) Except as provided by Subsection (g), the [The] agency |
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281 | 281 | | shall notify school districts and campuses of the results of |
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282 | 282 | | assessment instruments administered under this section not later |
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283 | 283 | | than the 21st day after the date the assessment instrument is |
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284 | 284 | | administered. |
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285 | 285 | | (h-1) A [The] school district shall disclose to each |
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286 | 286 | | district teacher the results of assessment instruments |
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287 | 287 | | administered to students taught by the teacher in the subject for |
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288 | 288 | | the school year in which the assessment instrument is administered. |
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289 | 289 | | (i) The provisions of this section[, except Subsection |
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290 | 290 | | (d),] are subject to modification by rules adopted under Section |
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291 | 291 | | 39.022. Each assessment instrument adopted or designated under |
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292 | 292 | | those rules [and each assessment instrument required under |
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293 | 293 | | Subsection (d)] must be reliable and valid and must meet any |
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294 | 294 | | applicable federal requirements for measurement of student |
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295 | 295 | | progress. |
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296 | 296 | | (p) On or before September 1 of each year, the commissioner |
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297 | 297 | | shall make the following information available on the agency's |
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298 | 298 | | Internet website for each assessment instrument administered under |
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299 | 299 | | Subsection (a)[, (c),] or (l) and for the Texas Success Initiative |
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300 | 300 | | (TSI) diagnostic assessment: |
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301 | 301 | | (1) the number of questions on the assessment |
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302 | 302 | | instrument; |
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303 | 303 | | (2) the number of questions that must be answered |
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304 | 304 | | correctly to achieve satisfactory performance as determined by the |
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305 | 305 | | commissioner under Section 39.0241(a); |
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306 | 306 | | (3) the number of questions that must be answered |
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307 | 307 | | correctly to achieve satisfactory performance under the college |
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308 | 308 | | readiness performance standard as provided by Section 39.0241; and |
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309 | 309 | | (4) the corresponding scale scores. |
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310 | 310 | | (q) Notwithstanding any provision of this section or other |
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311 | 311 | | law, if changes made to the Every Student Succeeds Act (20 U.S.C. |
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312 | 312 | | Section 6301 et seq.) reduce the number or frequency of assessment |
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313 | 313 | | instruments required to be administered to students, the State |
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314 | 314 | | Board of Education shall adopt rules reducing the number or |
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315 | 315 | | frequency of assessment instruments administered to students under |
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316 | 316 | | state law, and the commissioner shall ensure that students are not |
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317 | 317 | | assessed in subject areas or in grades that are no longer required |
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318 | 318 | | to meet the minimum requirements of that Act. |
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319 | 319 | | SECTION 12. The heading to Section 39.0232, Education Code, |
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320 | 320 | | is amended to read as follows: |
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321 | 321 | | Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT |
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322 | 322 | | AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. |
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323 | 323 | | SECTION 13. Sections 39.0232(a), (b), and (c), Education |
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324 | 324 | | Code, are amended to read as follows: |
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325 | 325 | | (a) To the extent practicable, the agency shall ensure that |
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326 | 326 | | any high school [end-of-course] assessment instrument designated |
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327 | 327 | | under Section 39.023(c) [developed by the agency is developed in |
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328 | 328 | | such a manner that the assessment instrument] may be used to |
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329 | 329 | | determine the appropriate placement of a student in a course of the |
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330 | 330 | | same subject matter at an institution of higher education. |
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331 | 331 | | (b) A student's performance on an [end-of-course] |
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332 | 332 | | assessment instrument administered under Section 39.023(c) may not |
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333 | 333 | | be used: |
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334 | 334 | | (1) in determining the student's class ranking for any |
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335 | 335 | | purpose, including entitlement to automatic college admission |
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336 | 336 | | under Section 51.803 or 51.804; or |
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337 | 337 | | (2) as a sole criterion in the determination of |
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338 | 338 | | whether to admit the student to a general academic teaching |
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339 | 339 | | institution in this state. |
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340 | 340 | | (c) Subsection (b)(2) does not prohibit a general academic |
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341 | 341 | | teaching institution from implementing an admission policy that |
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342 | 342 | | takes into consideration a student's performance on an |
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343 | 343 | | [end-of-course] assessment instrument administered under Section |
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344 | 344 | | 39.023(c) in addition to other criteria. |
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345 | 345 | | SECTION 14. Section 39.0234, Education Code, is amended by |
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346 | 346 | | amending Subsection (a) and adding Subsection (b) to read as |
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347 | 347 | | follows: |
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348 | 348 | | (a) Except as provided by Subsection (b), the [The] agency |
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349 | 349 | | shall ensure that assessment instruments required under Section |
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350 | 350 | | 39.023 are capable of being administered by computer. The |
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351 | 351 | | commissioner may not require a school district or open-enrollment |
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352 | 352 | | charter school to administer an assessment instrument by computer. |
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353 | 353 | | (b) Subsection (a) does not apply to a nationally |
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354 | 354 | | recognized, norm-referenced assessment instrument under Section |
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355 | 355 | | 39.023(c). |
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356 | 356 | | SECTION 15. Section 39.0241, Education Code, is amended by |
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357 | 357 | | amending Subsection (a-1) and adding Subsection (a-2) to read as |
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358 | 358 | | follows: |
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359 | 359 | | (a-1) The commissioner of education, in collaboration with |
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360 | 360 | | the commissioner of higher education, shall determine the level of |
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361 | 361 | | performance necessary to indicate college readiness[, as defined by |
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362 | 362 | | Section 39.024(a)]. |
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363 | 363 | | (a-2) In this section, "college readiness" means the level |
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364 | 364 | | of preparation a student must attain in English language arts and |
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365 | 365 | | mathematics courses to enroll and succeed, without remediation, in |
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366 | 366 | | an entry-level general education course for credit in that same |
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367 | 367 | | content area for a baccalaureate degree or associate degree program |
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368 | 368 | | at: |
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369 | 369 | | (1) a general academic teaching institution, as |
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370 | 370 | | defined by Section 61.003, other than a research institution, as |
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371 | 371 | | categorized under the Texas Higher Education Coordinating Board's |
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372 | 372 | | accountability system; or |
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373 | 373 | | (2) a postsecondary educational institution that |
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374 | 374 | | primarily offers associate degrees or certificates or credentials |
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375 | 375 | | other than baccalaureate or advanced degrees. |
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376 | 376 | | SECTION 16. Section 39.025, Education Code, is amended by |
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377 | 377 | | amending Subsections (a), (a-4), (b), and (b-1) and adding |
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378 | 378 | | Subsection (f-3) to read as follows: |
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379 | 379 | | (a) The commissioner shall adopt rules requiring a student |
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380 | 380 | | in the foundation high school program under Section 28.025 to be |
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381 | 381 | | administered each [an end-of-course] assessment instrument |
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382 | 382 | | selected under [listed in] Section 39.023(c) by the school district |
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383 | 383 | | [only for a course] in which the student is enrolled [and for which |
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384 | 384 | | an end-of-course assessment instrument is administered]. A student |
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385 | 385 | | is required to achieve a scale score that indicates satisfactory |
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386 | 386 | | performance, as determined by the commissioner under Section |
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387 | 387 | | 39.0241(a), on each [end-of-course] assessment instrument |
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388 | 388 | | administered to the student. For each scale score required under |
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389 | 389 | | this subsection that is not based on a 100-point scale scoring |
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390 | 390 | | system, the commissioner shall provide for conversion, in |
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391 | 391 | | accordance with commissioner rule, of the scale score to an |
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392 | 392 | | equivalent score based on a 100-point scale scoring system. A |
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393 | 393 | | student may not receive a high school diploma until the student has |
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394 | 394 | | performed satisfactorily on each [end-of-course] assessment |
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395 | 395 | | instrument [instruments] in the manner provided under this |
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396 | 396 | | subsection. This subsection does not require a student to |
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397 | 397 | | demonstrate readiness to enroll in an institution of higher |
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398 | 398 | | education. |
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399 | 399 | | (a-4) The admission, review, and dismissal committee of a |
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400 | 400 | | student in a special education program under Subchapter A, Chapter |
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401 | 401 | | 29, shall determine whether, to receive a high school diploma, the |
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402 | 402 | | student is required to achieve satisfactory performance on |
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403 | 403 | | [end-of-course] assessment instruments administered under Section |
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404 | 404 | | 39.023(c). |
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405 | 405 | | (b) Each time an [end-of-course] assessment instrument |
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406 | 406 | | [adopted] under Section 39.023(c) is administered, a student who |
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407 | 407 | | failed to achieve a score requirement under Subsection (a) may |
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408 | 408 | | retake the assessment instrument. [A student is not required to |
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409 | 409 | | retake a course as a condition of retaking an end-of-course |
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410 | 410 | | assessment instrument.] |
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411 | 411 | | (b-1) A school district shall provide each student who fails |
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412 | 412 | | to perform satisfactorily as determined by the commissioner under |
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413 | 413 | | Section 39.0241(a) on an [end-of-course] assessment instrument |
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414 | 414 | | administered under Section 39.023(c) with accelerated instruction |
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415 | 415 | | [in the subject assessed by the assessment instrument]. |
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416 | 416 | | (f-3) The commissioner shall by rule adopt a transition plan |
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417 | 417 | | to implement the amendments made by __.B. ____, Acts of the 86th |
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418 | 418 | | Legislature, Regular Session, 2019, replacing end-of-course |
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419 | 419 | | assessment instruments with one or more assessment instruments |
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420 | 420 | | selected by a school district under Section 39.023(c). The rules |
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421 | 421 | | must provide for each assessment instrument selected by a school |
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422 | 422 | | district under Section 39.023(c) to be administered beginning with |
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423 | 423 | | students enrolled in the ninth grade for the first time during the |
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424 | 424 | | 2019-2020 school year. During the period under which the |
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425 | 425 | | transition from end-of-course assessment instruments is made: |
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426 | 426 | | (1) for students entering a grade above the ninth |
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427 | 427 | | grade during the 2019-2020 school year or students repeating ninth |
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428 | 428 | | grade during the 2019-2020 school year, the commissioner shall |
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429 | 429 | | retain, administer, and use for purposes of accreditation and other |
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430 | 430 | | campus and district accountability measures under this chapter the |
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431 | 431 | | end-of-course assessment instruments required by Section |
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432 | 432 | | 39.023(c), as that section existed before amendment by __.B. ____, |
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433 | 433 | | Acts of the 86th Legislature, Regular Session, 2019; and |
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434 | 434 | | (2) a student subject to Subdivision (1) may not |
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435 | 435 | | receive a high school diploma unless the student has performed |
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436 | 436 | | satisfactorily on: |
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437 | 437 | | (A) each required end-of-course assessment |
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438 | 438 | | instrument administered under Section 39.023(c), as that section |
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439 | 439 | | existed before amendment by __.B. ____, Acts of the 86th |
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440 | 440 | | Legislature, Regular Session, 2019; or |
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441 | 441 | | (B) each assessment instrument selected under |
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442 | 442 | | Section 39.023(c) by the district in which the student is enrolled. |
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443 | 443 | | SECTION 17. Section 39.034(d), Education Code, is amended |
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444 | 444 | | to read as follows: |
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445 | 445 | | (d) The agency shall determine the necessary annual |
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446 | 446 | | improvement required each year for a student to be prepared to |
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447 | 447 | | perform satisfactorily on, as applicable: |
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448 | 448 | | (1) the grade five assessment instruments; |
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449 | 449 | | (2) the grade eight assessment instruments; and |
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450 | 450 | | (3) the [end-of-course] assessment instruments |
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451 | 451 | | required under this subchapter for graduation. |
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452 | 452 | | SECTION 18. Section 39.035(a), Education Code, is amended |
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453 | 453 | | to read as follows: |
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454 | 454 | | (a) Subject to Subsection (b), the agency may conduct field |
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455 | 455 | | testing of questions for any assessment instrument administered |
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456 | 456 | | under Section 39.023(a), (b), [(c), (d),] or (l) that is separate |
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457 | 457 | | from the administration of the assessment instrument not more |
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458 | 458 | | frequently than every other school year. |
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459 | 459 | | SECTION 19. Section 39.203(c), Education Code, is amended |
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460 | 460 | | to read as follows: |
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461 | 461 | | (c) In addition to the distinction designations described |
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462 | 462 | | by Subsections (a) and (b), a campus that satisfies the criteria |
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463 | 463 | | developed under Section 39.204 shall be awarded a distinction |
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464 | 464 | | designation by the commissioner for outstanding performance in |
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465 | 465 | | academic achievement in English language arts, mathematics, or |
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466 | 466 | | science[, or social studies]. |
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467 | 467 | | SECTION 20. Section 51.338(c), Education Code, is amended |
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468 | 468 | | to read as follows: |
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469 | 469 | | (c) A student who has achieved scores set by the board on the |
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470 | 470 | | questions developed for end-of-course assessment instruments under |
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471 | 471 | | Section 39.0233(a), as that section existed before repeal by |
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472 | 472 | | __.B. ____, Acts of the 86th Legislature, Regular Session, 2019, is |
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473 | 473 | | exempt from the requirements of this subchapter. The exemption is |
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474 | 474 | | effective for the three-year period following the date a student |
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475 | 475 | | takes the last assessment instrument for purposes of this |
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476 | 476 | | subchapter and achieves the standard set by the board. This |
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477 | 477 | | subsection does not apply during any period for which the board |
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478 | 478 | | designates the questions developed for end-of-course assessment |
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479 | 479 | | instruments under Section 39.0233(a), as that section existed |
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480 | 480 | | before repeal by _.B. ____, Acts of the 86th Legislature, Regular |
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481 | 481 | | Session, 2019, as the primary assessment instrument under this |
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482 | 482 | | subchapter, except that the three-year period described by this |
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483 | 483 | | subsection remains in effect for students who qualify for an |
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484 | 484 | | exemption under this subsection before that period. |
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485 | 485 | | SECTION 21. The following provisions of the Education Code |
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486 | 486 | | are repealed: |
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487 | 487 | | (1) Sections 39.023(c-2), (c-4), (c-6), and (d); |
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488 | 488 | | (2) Section 39.0233; |
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489 | 489 | | (3) Section 39.024; |
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490 | 490 | | (4) Sections 39.025(a-1) and (e-1); |
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491 | 491 | | (5) Section 39.025(a-2), as added by Chapter 1036 |
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492 | 492 | | (H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015; |
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493 | 493 | | (6) Section 39.053(d-1); and |
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494 | 494 | | (7) Section 39.203(d). |
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495 | 495 | | SECTION 22. As soon as practicable after the effective date |
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496 | 496 | | of this Act, each school district shall provide notice to an eighth |
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497 | 497 | | grade student under Section 39.025(g), Education Code, informing |
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498 | 498 | | the student of the specific requirements applicable to the student |
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499 | 499 | | under Sections 39.023(c) and 39.025(a), Education Code, as amended |
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500 | 500 | | by this Act. |
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501 | 501 | | SECTION 23. This Act applies beginning with the 2019-2020 |
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502 | 502 | | school year. |
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503 | 503 | | SECTION 24. This Act takes effect immediately if it |
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504 | 504 | | receives a vote of two-thirds of all the members elected to each |
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505 | 505 | | house, as provided by Section 39, Article III, Texas Constitution. |
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506 | 506 | | If this Act does not receive the vote necessary for immediate |
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507 | 507 | | effect, this Act takes effect September 1, 2019. |
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