1 | 1 | | By: Herrero H.B. No. 4591 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to eliminating state-required assessment instruments and |
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7 | 7 | | certain end-of-course assessment instruments. |
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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 39.023, Education Code, is amended by |
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10 | 10 | | amending Subsections (c) and (c-2), repealing Subsections (a) and |
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11 | 11 | | (c-3) and adding Subsection (q) to read as follows: |
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12 | 12 | | [(a) The agency shall adopt or develop appropriate |
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13 | 13 | | criterion-referenced assessment instruments designed to assess |
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14 | 14 | | essential knowledge and skills in reading, writing, mathematics, |
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15 | 15 | | social studies, and science. Except as provided by Subsection |
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16 | 16 | | (a-2), all students, other than students assessed under Subsection |
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17 | 17 | | (b) or (l) or exempted under Section 39.027, shall be assessed in: |
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18 | 18 | | (1) mathematics, annually in grades three through |
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19 | 19 | | seven without the aid of technology and in grade eight with the aid |
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20 | 20 | | of technology on any assessment instrument that includes algebra; |
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21 | 21 | | (2) reading, annually in grades three through eight; |
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22 | 22 | | (3) [writing, including spelling and grammar, in |
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23 | 23 | | grades four and seven; |
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24 | 24 | | [(4) social studies, in grade eight; |
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25 | 25 | | [(5)] science, in grades five and eight; and |
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26 | 26 | | [(6)] any other subject and grade required by federal |
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27 | 27 | | law.] |
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28 | 28 | | (c) The agency shall also adopt end-of-course assessment |
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29 | 29 | | instruments for secondary-level courses in Algebra I, biology, |
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30 | 30 | | English I, English II, and United States history. The Algebra I |
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31 | 31 | | end-of-course assessment instrument must be administered with the |
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32 | 32 | | aid of technology. The English I and English II end-of-course |
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33 | 33 | | assessment instruments must each assess essential knowledge and |
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34 | 34 | | skills in both reading and writing in the same assessment |
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35 | 35 | | instrument and must provide a single score]. A school district is |
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36 | 36 | | not required to [shall] comply with State Board of Education rules |
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37 | 37 | | regarding administration of the assessment instruments adopted |
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38 | 38 | | under [listed in] this subsection. If a student is in a special |
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39 | 39 | | education program under Subchapter A, Chapter 29, the student's |
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40 | 40 | | admission, review, and dismissal committee shall determine whether |
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41 | 41 | | any allowable modification is necessary in administering to the |
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42 | 42 | | student an assessment instrument required under this subsection. |
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43 | 43 | | The State Board of Education shall administer the assessment |
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44 | 44 | | instruments. The State Board of Education shall adopt a schedule |
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45 | 45 | | for the administration of end-of-course assessment instruments |
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46 | 46 | | that complies with the requirements of Subsection (c-3). |
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47 | 47 | | (c-2) The agency may not adopt end-of-course assessment |
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48 | 48 | | instruments for courses for which end-of-course assessment |
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49 | 49 | | instruments are not adopted under [not listed in] Subsection (c). A |
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50 | 50 | | student's performance on an end-of-course assessment instrument |
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51 | 51 | | adopted under this subsection is not subject to the performance |
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52 | 52 | | requirements established under Subsection (c) or Section 39.025. |
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53 | 53 | | [(c-3) In adopting a schedule for the administration of |
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54 | 54 | | assessment instruments under this section, the State Board of |
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55 | 55 | | Education shall require: |
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56 | 56 | | (1) assessment instruments administered under |
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57 | 57 | | Subsection (a) to be administered on a schedule so that the first |
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58 | 58 | | assessment instrument is administered at least two weeks later than |
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59 | 59 | | the date on which the first assessment instrument was administered |
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60 | 60 | | under Subsection (a) during the 2006-2007 school year; and |
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61 | 61 | | (2) the spring administration of end-of-course |
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62 | 62 | | assessment instruments under Subsection (c) to occur in each school |
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63 | 63 | | district not earlier than the first full week in May, except that |
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64 | 64 | | the spring administration of the end-of-course assessment |
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65 | 65 | | instruments in English I and English II must be permitted to occur |
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66 | 66 | | at an earlier date.] |
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67 | 67 | | (q) Notwithstanding any provision of this section or other |
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68 | 68 | | law, Texas is not required to comply with the Every Student Succeeds |
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69 | 69 | | Act (20 U.S.C. Section 6301 et seq.). |
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70 | 70 | | SECTION 2. Section 39.025(a-1), Education Code, is amended |
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71 | 71 | | to read as follows: |
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72 | 72 | | (a-1) A student enrolled in a college preparatory |
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73 | 73 | | mathematics or English language arts course under Section 28.014 |
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74 | 74 | | who satisfies the Texas Success Initiative (TSI) college readiness |
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75 | 75 | | benchmarks prescribed by the Texas Higher Education Coordinating |
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76 | 76 | | Board under Section 51.334 on an assessment instrument designated |
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77 | 77 | | by the coordinating board under that section administered at the |
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78 | 78 | | end of the college preparatory mathematics or English language arts |
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79 | 79 | | course satisfies the requirements concerning and is exempt from the |
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80 | 80 | | administration of the [Algebra I or the English I and English II] |
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81 | 81 | | end-of-course assessment instruments, as applicable, [as |
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82 | 82 | | prescribed by Section 39.023(c),] even if the student did not |
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83 | 83 | | perform satisfactorily on a previous administration of the |
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84 | 84 | | applicable end-of-course assessment instrument. A student who |
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85 | 85 | | fails to perform satisfactorily on the assessment instrument |
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86 | 86 | | designated by the coordinating board under Section 51.334 |
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87 | 87 | | administered as provided by this subsection may retake that |
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88 | 88 | | assessment instrument for purposes of this subsection or may take |
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89 | 89 | | the appropriate end-of-course assessment instrument. |
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90 | 90 | | SECTION 3. Section 39.203(c), Education Code, is amended to |
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91 | 91 | | read as follows: |
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92 | 92 | | (c) In addition to the distinction designations described |
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93 | 93 | | by Subsections (a) and (b), a campus that satisfies the criteria |
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94 | 94 | | developed under Section 39.204 shall be awarded a distinction |
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95 | 95 | | designation by the commissioner for outstanding performance in |
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96 | 96 | | academic achievement in reading [English language arts], |
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97 | 97 | | mathematics, or science[, or social studies]. |
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98 | 98 | | SECTION 4. This Act applies beginning with the 2019-2020 |
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99 | 99 | | school year. |
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100 | 100 | | SECTION 5. This Act takes effect immediately if it receives |
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101 | 101 | | a vote of two-thirds of all the members elected to each house, as |
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102 | 102 | | provided by Section 39, Article III, Texas Constitution. If this |
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103 | 103 | | Act does not receive the vote necessary for immediate effect, this |
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104 | 104 | | Act takes effect September 1, 2019. |
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