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Texas House Bill HB671

Texas 2019 - 86th Regular

Texas House Bill HB671 Compare Versions

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11 86R96 GCB-D
22 By: King of Hemphill H.B. No. 671
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to secondary-level assessment of public school students.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 18.006(b), Education Code, is amended to
1010 read as follows:
1111 (b) In addition to other factors determined to be
1212 appropriate by the commissioner, the accountability system must
1313 include consideration of:
1414 (1) student performance on the [end-of-course]
1515 assessment instruments required by Section 39.023(c); and
1616 (2) dropout rates, including dropout rates and diploma
1717 program completion rates for the grade levels served by the diploma
1818 program.
1919 SECTION 2. Section 25.005(b), Education Code, is amended to
2020 read as follows:
2121 (b) A reciprocity agreement must:
2222 (1) address procedures for:
2323 (A) transferring student records;
2424 (B) awarding credit for completed course work;
2525 and
2626 (C) permitting a student to satisfy the
2727 requirements of Section 39.025 through successful performance on
2828 comparable [end-of-course or other exit-level] assessment
2929 instruments administered in another state; and
3030 (2) include appropriate criteria developed by the
3131 agency.
3232 SECTION 3. Section 28.014(a), Education Code, is amended to
3333 read as follows:
3434 (a) Each school district shall partner with at least one
3535 institution of higher education to develop and provide courses in
3636 college preparatory mathematics and English language arts. The
3737 courses must be designed:
3838 (1) for students at the 12th grade level whose
3939 performance on:
4040 (A) an [end-of-course] assessment instrument
4141 required under Section 39.023(c) does not meet college readiness
4242 standards; or
4343 (B) coursework, a college entrance examination,
4444 or an assessment instrument designated under Section 51.334
4545 indicates that the student is not ready to perform entry-level
4646 college coursework; and
4747 (2) to prepare students for success in entry-level
4848 college courses.
4949 SECTION 4. Section 28.0211(o), Education Code, is amended
5050 to read as follows:
5151 (o) This section does not require the administration of
5252 a fifth [or eighth] grade assessment instrument in a subject under
5353 Section 39.023(a) to a student enrolled in the fifth [or eighth]
5454 grade[, as applicable,] if the student[:
5555 [(1)] is enrolled in a course in the subject intended
5656 for students above the student's grade level and will be
5757 administered an assessment instrument adopted or developed under
5858 Section 39.023(a) that aligns with the curriculum for the course in
5959 which the student is enrolled[; or
6060 [(2) is enrolled in a course in the subject for which
6161 the student will receive high school academic credit and will be
6262 administered an end-of-course assessment instrument adopted under
6363 Section 39.023(c) for the course].
6464 SECTION 5. Section 28.023(c), Education Code, is amended to
6565 read as follows:
6666 (c) A school district shall give a student in grade level
6767 six or above credit for a subject on the basis of an examination for
6868 credit in the subject approved by the board of trustees under
6969 Subsection (a) if the student scores in the 80th percentile or above
7070 on the examination or if the student achieves a score as provided by
7171 Subsection (c-1). If a student is given credit in a subject on the
7272 basis of an examination, the district shall enter the examination
7373 score on the student's transcript [and the student is not required
7474 to take an end-of-course assessment instrument adopted under
7575 Section 39.023(c) for that subject].
7676 SECTION 6. Section 28.025(b-4), Education Code, is amended
7777 to read as follows:
7878 (b-4) A school district may offer the curriculum described
7979 in Subsections (b-1)(1) through (4) in an applied manner. Courses
8080 delivered in an applied manner must cover the essential knowledge
8181 and skills[, and the student shall be administered the applicable
8282 end-of-course assessment instrument as provided by Sections
8383 39.023(c) and 39.025].
8484 SECTION 7. Section 28.0255, Education Code, is amended by
8585 amending Subsections (g) and (h) and adding Subsection (g-1) to
8686 read as follows:
8787 (g) A student entering the ninth grade during the 2019-2020
8888 school year is entitled to a high school diploma if the student:
8989 (1) successfully complies with the curriculum
9090 requirements specified under Subsection (e); and
9191 (2) performs satisfactorily, as determined by the
9292 commissioner under Subsection (h), on the [end-of-course]
9393 assessment instrument required [instruments listed] under Section
9494 39.023(c) [for courses in which the student was enrolled].
9595 (g-1) A student other than a student described by Subsection
9696 (g) is entitled to a high school diploma if the student:
9797 (1) successfully complies with the curriculum
9898 requirements specified under Subsection (e); and
9999 (2) performs satisfactorily, as determined by the
100100 commissioner under Subsection (h), on assessment instruments
101101 listed under Section 39.023(c), as that section existed before
102102 amendment by _.B. ___, Acts of the 86th Legislature, Regular
103103 Session, 2019, for courses in which the student was enrolled.
104104 (h) For purposes of Subsections [Subsection] (g)(2) and
105105 (g-1)(2), the commissioner shall determine the level of
106106 satisfactory performance on applicable [end-of-course] assessment
107107 instruments administered to a student.
108108 SECTION 8. Sections 29.081(b) and (b-1), Education Code,
109109 are amended to read as follows:
110110 (b) Each district shall provide accelerated instruction to
111111 a student enrolled in the district who has taken an [end-of-course]
112112 assessment instrument required [administered] under Section
113113 39.023(c) and has not performed satisfactorily on the assessment
114114 instrument or who is at risk of dropping out of school.
115115 (b-1) Each school district shall offer before the next
116116 scheduled administration of the assessment instrument, without
117117 cost to the student, additional accelerated instruction to each
118118 student in any subject in which the student failed to perform
119119 satisfactorily on an [end-of-course] assessment instrument
120120 required for graduation.
121121 SECTION 9. Section 29.087(f), Education Code, is amended to
122122 read as follows:
123123 (f) A student participating in a program authorized by this
124124 section, other than a student ordered to participate under
125125 Subsection (d)(1), [must have taken the appropriate end-of-course
126126 assessment instruments specified by Section 39.023(c) before
127127 entering the program and] must take the [each appropriate
128128 end-of-course] assessment instrument required under Section
129129 39.023(c) before or [administered] during the period in which the
130130 student is enrolled in the program. Except for a student ordered to
131131 participate under Subsection (d)(1), a student participating in the
132132 program may not take the high school equivalency examination unless
133133 the student has taken the assessment instrument as [instruments]
134134 required by this subsection.
135135 SECTION 10. Section 29.402(b), Education Code, is amended
136136 to read as follows:
137137 (b) A person who is under 26 years of age is eligible to
138138 enroll in a dropout recovery program under this subchapter if the
139139 person:
140140 (1) must complete not more than three course credits
141141 to complete the curriculum requirements for the foundation high
142142 school program for high school graduation; or
143143 (2) has failed to perform satisfactorily on:
144144 (A) an [end-of-course] assessment instrument
145145 required [administered] under Section 39.023(c);
146146 (B) an assessment instrument administered under
147147 Section 39.023(c) as that section existed before amendment by _.B.
148148 ___, Acts of the 86th Legislature, Regular Session, 2019; or
149149 (C) an assessment instrument administered under
150150 Section 39.023(c) as that section existed before amendment by
151151 Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
152152 Session, 2007.
153153 SECTION 11. Section 39.023, Education Code, is amended by
154154 amending Subsections (a-2), (c), (c-3), (c-5), (e), (g), (h), (i),
155155 and (p) and by adding Subsection (h-1) to read as follows:
156156 (a-2) Except as required by federal law, a student is not
157157 required to be assessed in a subject otherwise assessed at the
158158 student's grade level under Subsection (a) if the student[:
159159 [(1)] is enrolled in a course in the subject intended
160160 for students above the student's grade level and will be
161161 administered an assessment instrument adopted or developed under
162162 Subsection (a) that aligns with the curriculum for the course in
163163 which the student is enrolled[; or
164164 [(2) is enrolled in a course in the subject for which
165165 the student will receive high school academic credit and will be
166166 administered an end-of-course assessment instrument adopted under
167167 Subsection (c) for the course].
168168 (c) The commissioner shall identify a procedure for a school
169169 district to select as a secondary-level assessment instrument the
170170 Texas Success Initiative (TSI) diagnostic assessment or a
171171 nationally recognized, norm-referenced assessment instrument,
172172 including the SAT or the ACT. A school district shall require the
173173 administration of the secondary-level assessment instrument
174174 selected under this subsection to students in grade 11. [The agency
175175 shall also adopt end-of-course assessment instruments for
176176 secondary-level courses in Algebra I, biology, English I, English
177177 II, and United States history. The Algebra I end-of-course
178178 assessment instrument must be administered with the aid of
179179 technology. The English I and English II end-of-course assessment
180180 instruments must each assess essential knowledge and skills in both
181181 reading and writing in the same assessment instrument and must
182182 provide a single score.] A school district shall comply with State
183183 Board of Education rules regarding administration of an [the]
184184 assessment instrument under [instruments listed in] this
185185 subsection. If a student is in a special education program under
186186 Subchapter A, Chapter 29, the student's admission, review, and
187187 dismissal committee shall determine whether any allowable
188188 modification is necessary in administering to the student an
189189 assessment instrument required under this subsection. [The State
190190 Board of Education shall administer the assessment instruments.
191191 The State Board of Education shall adopt a schedule for the
192192 administration of end-of-course assessment instruments that
193193 complies with the requirements of Subsection (c-3).]
194194 (c-3) In adopting a schedule for the administration of
195195 assessment instruments under this section, the State Board of
196196 Education shall require[:
197197 [(1)] assessment instruments administered under
198198 Subsection (a) to be administered on a schedule so that the first
199199 assessment instrument is administered at least two weeks later than
200200 the date on which the first assessment instrument was administered
201201 under Subsection (a) during the 2006-2007 school year[; and
202202 [(2) the spring administration of end-of-course
203203 assessment instruments under Subsection (c) to occur in each school
204204 district not earlier than the first full week in May, except that
205205 the spring administration of the end-of-course assessment
206206 instruments in English I and English II must be permitted to occur
207207 at an earlier date].
208208 (c-5) A student's performance on an [end-of-course]
209209 assessment instrument required under Subsection (c) must be
210210 included in the student's academic achievement record.
211211 (e) Under rules adopted by the State Board of Education,
212212 every third year, the agency shall release the questions and answer
213213 keys to each assessment instrument administered under Subsection
214214 (a), (b), [(c), (d),] or (l), excluding any assessment instrument
215215 administered to a student for the purpose of retaking the
216216 assessment instrument, after the last time the instrument is
217217 administered for that school year. To ensure a valid bank of
218218 questions for use each year, the agency is not required to release a
219219 question that is being field-tested and was not used to compute the
220220 student's score on the instrument. The agency shall also release,
221221 under board rule, each question that is no longer being
222222 field-tested and that was not used to compute a student's score.
223223 [During the 2014-2015 and 2015-2016 school years, the agency shall
224224 release the questions and answer keys to assessment instruments as
225225 described by this subsection each year.]
226226 (g) An [The State Board of Education may adopt one
227227 appropriate, nationally recognized, norm-referenced] assessment
228228 instrument under Subsection (c) [in reading and mathematics to be
229229 administered to a selected sample of students in the spring. If
230230 adopted, a norm-referenced assessment instrument] must be a secured
231231 test. The commissioner shall contract with a vendor to administer
232232 the assessment instrument, complete the scoring of the assessment
233233 instrument, and distribute within a reasonable period the results
234234 to the agency and the relevant results to each school district. As
235235 soon as practicable after the district receives the results from
236236 the vendor under this subsection, the district shall:
237237 (1) distribute the relevant results to each district
238238 campus; and
239239 (2) provide written notice to the student and the
240240 person standing in parental relation to the student that states the
241241 student's results and whether the student performed satisfactorily
242242 on the assessment instrument [The state may pay the costs of
243243 purchasing and scoring the adopted assessment instrument and of
244244 distributing the results of the adopted instrument to the school
245245 districts. A district that administers the norm-referenced test
246246 adopted under this subsection shall report the results to the
247247 agency in a manner prescribed by the commissioner].
248248 (h) Except as provided by Subsection (g), the [The] agency
249249 shall notify school districts and campuses of the results of
250250 assessment instruments administered under this section not later
251251 than the 21st day after the date the assessment instrument is
252252 administered.
253253 (h-1) A [The] school district shall disclose to each
254254 district teacher the results of assessment instruments
255255 administered to students taught by the teacher in the subject for
256256 the school year in which the assessment instrument is administered.
257257 (i) The provisions of this section[, except Subsection
258258 (d),] are subject to modification by rules adopted under Section
259259 39.022. Each assessment instrument adopted under those rules [and
260260 each assessment instrument required under Subsection (d)] must be
261261 reliable and valid and must meet any applicable federal
262262 requirements for measurement of student progress.
263263 (p) On or before September 1 of each year, the commissioner
264264 shall make the following information available on the agency's
265265 Internet website for each assessment instrument administered under
266266 Subsection (a)[, (c),] or (l) and for the Texas Success Initiative
267267 (TSI) diagnostic assessment:
268268 (1) the number of questions on the assessment
269269 instrument;
270270 (2) the number of questions that must be answered
271271 correctly to achieve satisfactory performance as determined by the
272272 commissioner under Section 39.0241(a);
273273 (3) the number of questions that must be answered
274274 correctly to achieve satisfactory performance under the college
275275 readiness performance standard as provided by Section 39.0241; and
276276 (4) the corresponding scale scores.
277277 SECTION 12. Subchapter B, Chapter 39, Education Code, is
278278 amended by adding Section 39.02303 to read as follows:
279279 Sec. 39.02303. SECONDARY-LEVEL ASSESSMENT PREPARATORY
280280 COURSE. Each school district shall require secondary-level
281281 students to attend, before the student is administered the
282282 assessment instrument required under Section 39.023(c), a course
283283 designed to prepare students to succeed on the assessment
284284 instrument required by the district.
285285 SECTION 13. Section 39.0234, Education Code, is amended by
286286 amending Subsection (a) and adding Subsection (b) to read as
287287 follows:
288288 (a) Except as provided by Subsection (b), the [The] agency
289289 shall ensure that assessment instruments required under Section
290290 39.023 are capable of being administered by computer. The
291291 commissioner may not require a school district or open-enrollment
292292 charter school to administer an assessment instrument by computer.
293293 (b) Subsection (a) does not apply to a nationally
294294 recognized, norm-referenced assessment instrument under Section
295295 39.023(c).
296296 SECTION 14. Section 39.0241, Education Code, is amended by
297297 amending Subsection (a-1) and adding Subsection (a-2) to read as
298298 follows:
299299 (a-1) The commissioner of education, in collaboration with
300300 the commissioner of higher education, shall determine the level of
301301 performance necessary to indicate college readiness[, as defined by
302302 Section 39.024(a)].
303303 (a-2) In this section, "college readiness" means the level
304304 of preparation a student must attain in English language arts and
305305 mathematics courses to enroll and succeed, without remediation, in
306306 an entry-level general education course for credit in that same
307307 content area for a baccalaureate degree or associate degree program
308308 at:
309309 (1) a general academic teaching institution, as
310310 defined by Section 61.003, other than a research institution, as
311311 categorized under the Texas Higher Education Coordinating Board's
312312 accountability system; or
313313 (2) a postsecondary educational institution that
314314 primarily offers associate degrees or certificates or credentials
315315 other than baccalaureate or advanced degrees.
316316 SECTION 15. Sections 39.025(a), (a-4), (b), (b-1), and (f),
317317 Education Code, are amended to read as follows:
318318 (a) The commissioner shall adopt rules requiring a student
319319 in the foundation high school program under Section 28.025 to be
320320 administered during the student's 11th grade year an
321321 [end-of-course] assessment instrument selected under [listed in]
322322 Section 39.023(c) by the school district in which the student is
323323 enrolled [only for a course in which the student is enrolled and for
324324 which an end-of-course assessment instrument is administered]. A
325325 student is required to achieve a scale score that indicates
326326 satisfactory performance, as determined by the commissioner under
327327 Section 39.0241(a), on the [each end-of-course] assessment
328328 instrument administered to the student. For each scale score
329329 required under this subsection that is not based on a 100-point
330330 scale scoring system, the commissioner shall provide for
331331 conversion, in accordance with commissioner rule, of the scale
332332 score to an equivalent score based on a 100-point scale scoring
333333 system. A student may not receive a high school diploma until the
334334 student has performed satisfactorily on the [end-of-course]
335335 assessment instrument [instruments] in the manner provided under
336336 this subsection. This subsection does not require a student to
337337 demonstrate readiness to enroll in an institution of higher
338338 education.
339339 (a-4) The admission, review, and dismissal committee of a
340340 student in a special education program under Subchapter A, Chapter
341341 29, shall determine whether, to receive a high school diploma, the
342342 student is required to achieve satisfactory performance on the
343343 [end-of-course] assessment instruments required under Section
344344 39.023(c).
345345 (b) Each time an [end-of-course] assessment instrument
346346 required [adopted] under Section 39.023(c) is administered, a
347347 student who failed to achieve a score requirement under Subsection
348348 (a) may retake the assessment instrument. [A student is not
349349 required to retake a course as a condition of retaking an
350350 end-of-course assessment instrument.]
351351 (b-1) A school district shall provide each student who fails
352352 to perform satisfactorily as determined by the commissioner under
353353 Section 39.0241(a) on an [end-of-course] assessment instrument
354354 required under Section 39.023(c) with accelerated instruction [in
355355 the subject assessed by the assessment instrument].
356356 (f) The commissioner shall by rule adopt a transition plan
357357 to implement the amendments made by __.B. ____, Acts of the 86th
358358 Legislature, Regular Session, 2019 [Chapter 1312 (S.B. No. 1031),
359359 Acts of the 80th Legislature, Regular Session, 2007], replacing
360360 [general subject assessment instruments administered at the high
361361 school level with] end-of-course assessment instruments with an
362362 assessment instrument under Section 39.023(c). The rules must
363363 provide for an [the end-of-course] assessment instrument
364364 [instruments adopted] under Section 39.023(c) to be administered
365365 beginning with students enrolled in the ninth grade for the first
366366 time during the 2017-2018 [2011-2012] school year. During the
367367 period under which the transition from [to] end-of-course
368368 assessment instruments is made:
369369 (1) for students entering a grade above the ninth
370370 grade during the 2017-2018 [2011-2012] school year or students
371371 repeating ninth grade during the 2017-2018 [2011-2012] school year,
372372 the commissioner shall retain, administer, and use for purposes of
373373 accreditation and other campus and district accountability
374374 measures under this chapter the end-of-course assessment
375375 instruments required by Section 39.023(c) [39.023(a) or (c)], as
376376 that section existed before amendment by __.B. ____, Acts of the
377377 86th Legislature, Regular Session, 2019 [Chapter 1312 (S.B.
378378 No. 1031), Acts of the 80th Legislature, Regular Session, 2007];
379379 and
380380 (2) a student subject to Subdivision (1) may not
381381 receive a high school diploma unless the student has performed
382382 satisfactorily on the [SAT, the ACT, the Texas Success Initiative
383383 (TSI) diagnostic assessment, or the] current assessment instrument
384384 selected by a district under Section 39.023(c) [or instruments
385385 administered for graduation purposes as provided by Subsection
386386 (f-1)] or on each required assessment instrument administered under
387387 Section 39.023(c), as that section existed before amendment by
388388 __.B. ____, Acts of the 86th Legislature, Regular Session, 2019
389389 [Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature,
390390 Regular Session, 2007].
391391 SECTION 16. Section 39.034(d), Education Code, is amended
392392 to read as follows:
393393 (d) The agency shall determine the necessary annual
394394 improvement required each year for a student to be prepared to
395395 perform satisfactorily on, as applicable:
396396 (1) the grade five assessment instruments;
397397 (2) the grade eight assessment instruments; and
398398 (3) the [end-of-course] assessment instruments
399399 required under this subchapter for graduation.
400400 SECTION 17. Section 39.035(a), Education Code, is amended
401401 to read as follows:
402402 (a) Subject to Subsection (b), the agency may conduct field
403403 testing of questions for any assessment instrument administered
404404 under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
405405 from the administration of the assessment instrument not more
406406 frequently than every other school year.
407407 SECTION 18. Section 51.338(c), Education Code, is amended
408408 to read as follows:
409409 (c) A student who has achieved scores set by the board on the
410410 questions developed for end-of-course assessment instruments under
411411 Section 39.0233(a), as that section existed before repeal by
412412 __.B. ____, Acts of the 86th Legislature, Regular Session, 2019, is
413413 exempt from the requirements of this subchapter. The exemption is
414414 effective for the three-year period following the date a student
415415 takes the last assessment instrument for purposes of this
416416 subchapter and achieves the standard set by the board. This
417417 subsection does not apply during any period for which the board
418418 designates the questions developed for end-of-course assessment
419419 instruments under Section 39.0233(a), as that section existed
420420 before repeal by _.B. ____, Acts of the 86th Legislature, Regular
421421 Session, 2019, as the primary assessment instrument under this
422422 subchapter, except that the three-year period described by this
423423 subsection remains in effect for students who qualify for an
424424 exemption under this subsection before that period.
425425 SECTION 19. Effective September 1, 2019, the following
426426 sections of the Education Code are repealed:
427427 (1) Sections 39.023(c-2), (c-4), (c-6), and (d);
428428 (2) Section 39.0232;
429429 (3) Section 39.0233;
430430 (4) Section 39.024;
431431 (5) Sections 39.025(a-1), (e-1), (f-1), and (f-2);
432432 (6) Section 39.025(a-2), as added by Chapter 1036
433433 (H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
434434 (7) Section 39.0261(e);
435435 (8) Section 39.053(d-1); and
436436 (9) Section 39.203(d).
437437 SECTION 20. As soon as practicable after the effective date
438438 of this Act, each school district shall provide notice to an eighth
439439 grade student under Section 39.025(g), Education Code, informing
440440 the student of the specific requirements applicable to the student
441441 under Sections 39.023(c) and 39.025(a), Education Code, as amended
442442 by this Act.
443443 SECTION 21. This Act applies beginning with the 2019-2020
444444 school year.
445445 SECTION 22. This Act takes effect immediately if it
446446 receives a vote of two-thirds of all the members elected to each
447447 house, as provided by Section 39, Article III, Texas Constitution.
448448 If this Act does not receive the vote necessary for immediate
449449 effect, this Act takes effect September 1, 2019.