Texas 2021 - 87th Regular

Texas House Bill HB3668 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R15685 MM-F
2		-	By: VanDeaver, Metcalf, Guillen, Bernal, H.B. No. 3668
3		-	King of Hemphill, et al.
4		-	Substitute the following for H.B. No. 3668:
5		-	By: Dutton C.S.H.B. No. 3668
	1	+	By: VanDeaver H.B. No. 3668
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	relating to the administration of assessment instruments in public
11		-	schools, eliminating the requirement to use public school
12		-	assessment instruments as a criterion for promotion or graduation,
13		-	and the temporary suspension of certain accountability
14		-	determinations for a school district or campus in a school year in
15		-	which the operations of the district or campus are disrupted as a
16		-	result of a declared disaster.
	6	+	relating to eliminating certain state-required assessment
	7	+	instruments and certain end-of-course assessment instruments not
	8	+	required by federal law, removal of high-stakes on children and
	9	+	temporary suspension of accountability determinations including
	10	+	criterion for promotion or graduation of a public school student.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18		-	SECTION 1. Section 18.005(c), Education Code, is amended to
19		-	read as follows:
20		-	(c) A Job Corps diploma program shall:
21		-	(1) develop educational programs specifically
22		-	designed for persons eligible for enrollment in a Job Corps
23		-	training program established by the United States Department of
24		-	Labor;
25		-	(2) coordinate educational programs and services in
26		-	the diploma program with programs and services provided by the
27		-	United States Department of Labor and other federal and state
28		-	agencies and local political subdivisions and by persons who
29		-	provide programs and services under contract with the United States
30		-	Department of Labor;
31		-	(3) provide a course of instruction that includes the
32		-	required curriculum under Subchapter A, Chapter 28; and
33		-	(4) [require that students enrolled in the diploma
34		-	program satisfy the requirements of Section 39.025 before receiving
35		-	a diploma under this chapter; and
36		-	[(5)] comply with a requirement imposed under this
37		-	title or a rule adopted under this title relating to the Public
38		-	Education Information Management System (PEIMS) to the extent
39		-	necessary to determine compliance with this chapter, as determined
40		-	by the commissioner.
41		-	SECTION 2. Section 19.0043(b), Education Code, is amended
42		-	to read as follows:
43		-	(b) A student may graduate and receive a diploma from a
44		-	Windham School District educational program if:
45		-	(1) the student successfully completes the curriculum
46		-	requirements identified by the State Board of Education under
47		-	Section 28.025(a) [and complies with Section 39.025]; or
48		-	(2) the student successfully completes the curriculum
49		-	requirements under Section 28.025(a) as modified by an
50		-	individualized education program developed under Section 29.005.
51		-	SECTION 3. Section 25.005(b), Education Code, is amended to
52		-	read as follows:
53		-	(b) A reciprocity agreement must:
54		-	(1) address procedures for:
55		-	(A) transferring student records; and
56		-	(B) awarding credit for completed course work;
57		-	and
58		-	[(C) permitting a student to satisfy the
59		-	requirements of Section 39.025 through successful performance on
60		-	comparable end-of-course or other exit-level assessment
61		-	instruments administered in another state; and]
62		-	(2) include appropriate criteria developed by the
63		-	agency.
64		-	SECTION 4. Section 28.021(c), Education Code, is amended to
65		-	read as follows:
66		-	(c) In determining promotion under Subsection (a), a school
67		-	district shall consider:
68		-	(1) the recommendation of the student's teacher;
69		-	(2) the student's grade in each subject or course; and
70		-	(3) [the student's score on an assessment instrument
71		-	administered under Section 39.023(a), (b), or (l), to the extent
72		-	applicable; and
73		-	[(4)] any other necessary academic information, as
74		-	determined by the district.
75		-	SECTION 5. The heading to Section 28.0211, Education Code,
76		-	is amended to read as follows:
77		-	Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
78		-	INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
79		-	SECTION 6. Sections 28.0211(a-1), (b), (c), (d), (g), and
80		-	(i), Education Code, are amended to read as follows:
81		-	(a-1) Each time a student fails to perform satisfactorily on
82		-	an assessment instrument administered under Section 39.023(a) [in
83		-	the third, fourth, fifth, sixth, seventh, or eighth grade], the
84		-	school district in which the student attends school shall provide
85		-	to the student accelerated instruction in the applicable subject
86		-	area. Accelerated instruction may require participation of the
87		-	student before or after normal school hours and may include
88		-	participation at times of the year outside normal school
89		-	operations.
90		-	(b) A school district shall provide to a student who
91		-	initially fails to perform satisfactorily on an assessment
92		-	instrument administered [specified] under Section 39.023(a)
93		-	[Subsection (a)] at least two additional opportunities to take the
94		-	assessment instrument. A school district may administer an
95		-	alternate assessment instrument to a student who has failed an
96		-	assessment instrument administered [specified] under Section
97		-	39.023(a) [Subsection (a)] on the previous two opportunities.
98		-	[Notwithstanding any other provision of this section, a student may
99		-	be promoted if the student performs at grade level on an alternate
100		-	assessment instrument under this subsection that is appropriate for
101		-	the student's grade level and approved by the commissioner.]
102		-	(c) [Each time a student fails to perform satisfactorily on
103		-	an assessment instrument specified under Subsection (a), the school
104		-	district in which the student attends school shall provide to the
105		-	student accelerated instruction in the applicable subject area,
106		-	including reading instruction for a student who fails to perform
107		-	satisfactorily on a reading assessment instrument. After a student
108		-	fails to perform satisfactorily on an assessment instrument a
109		-	second time, a grade placement committee shall be established to
110		-	prescribe the accelerated instruction the district shall provide to
111		-	the student before the student is administered the assessment
112		-	instrument the third time. The grade placement committee shall be
113		-	composed of the principal or the principal's designee, the
114		-	student's parent or guardian, and the teacher of the subject of an
115		-	assessment instrument on which the student failed to perform
116		-	satisfactorily. The district shall notify the parent or guardian
117		-	of the time and place for convening the grade placement committee
118		-	and the purpose of the committee.] An accelerated instruction
119		-	group administered by a school district under this section may not
120		-	have a ratio of more than 10 students for each teacher.
121		-	(d) In addition to providing accelerated instruction to a
122		-	student under Subsection (a-1) [(c)], the district shall notify the
123		-	student's parent or guardian of:
124		-	(1) the student's failure to perform satisfactorily on
125		-	the assessment instrument; and
126		-	(2) the accelerated instruction program to which the
127		-	student is assigned[; and
128		-	[(3) the possibility that the student might be
129		-	retained at the same grade level for the next school year].
130		-	(g) This section does not preclude the retention at a grade
131		-	level, in accordance with state law or school district policy, of a
132		-	student who performs satisfactorily on an assessment instrument
133		-	[specified under Subsection (a)].
134		-	(i) The admission, review, and dismissal committee of a
135		-	student who participates in a district's special education program
136		-	under Subchapter A, Chapter 29, and who does not perform
137		-	satisfactorily on an assessment instrument [specified under
138		-	Subsection (a) and] administered under Section 39.023(a) or (b)
139		-	must meet before the student is administered the assessment
140		-	instrument for the second time. The committee shall determine[:
141		-	[(1)] the manner in which the student will participate
142		-	in an accelerated instruction program under this section[; and
143		-	[(2) whether the student will be promoted in
144		-	accordance with Subsection (i-1) or retained under this section].
145		-	SECTION 7. Sections 28.025(b-7), (c), and (e), Education
146		-	Code, are amended to read as follows:
147		-	(b-7) The State Board of Education, in coordination with the
148		-	Texas Higher Education Coordinating Board, shall adopt rules to
149		-	ensure that a student may comply with the curriculum requirements
150		-	under the foundation high school program or for an endorsement
151		-	under Subsection (c-1) by successfully completing appropriate
152		-	courses in the core curriculum of an institution of higher
153		-	education under Section 61.822. Notwithstanding Subsection (b-15)
154		-	or (c) [of this section, Section 39.025,] or any other provision of
155		-	this code and notwithstanding any school district policy, a student
156		-	who has completed the core curriculum of an institution of higher
157		-	education under Section 61.822, as certified by the institution in
158		-	accordance with commissioner rule, is considered to have earned a
159		-	distinguished level of achievement under the foundation high school
160		-	program and is entitled to receive a high school diploma from the
161		-	appropriate high school as that high school is determined in
162		-	accordance with commissioner rule. A student who is considered to
163		-	have earned a distinguished level of achievement under the
164		-	foundation high school program under this subsection may apply for
165		-	admission to an institution of higher education for the first
166		-	semester or other academic term after the semester or other
167		-	academic term in which the student completes the core curriculum.
168		-	(c) A person may receive a diploma if the person is eligible
169		-	for a diploma under Section 28.0251. In other cases, a student may
170		-	graduate and receive a diploma only if:
171		-	(1) the student successfully completes the curriculum
172		-	requirements identified by the State Board of Education under
173		-	Subsection (a) and complies with Section [Sections] 28.0256 [and
174		-	39.025]; or
175		-	(2) the student successfully completes an
176		-	individualized education program developed under Section 29.005.
177		-	(e) Each school district shall report the academic
178		-	achievement record of students who have completed the foundation
179		-	high school program on transcript forms adopted by the State Board
180		-	of Education. [The transcript forms adopted by the board must be
181		-	designed to clearly identify whether a student received a diploma
182		-	or a certificate of coursework completion.]
183		-	SECTION 8. Sections 28.02541(a) and (d), Education Code,
184		-	are amended to read as follows:
185		-	(a) This section applies only to a student who:
186		-	(1) entered the ninth grade before the 2011-2012
187		-	school year; and
188		-	(2) successfully completed the curriculum
189		-	requirements for high school graduation applicable to the student
190		-	when the student entered the ninth grade[;
191		-	[(3) has not performed satisfactorily on an assessment
192		-	instrument or a part of an assessment instrument required for high
193		-	school graduation, including an alternate assessment instrument
194		-	offered under Section 39.025(c-2); and
195		-	[(4) has been administered the assessment instrument
196		-	or the part of the assessment instrument for which the student has
197		-	not performed satisfactorily at least three times].
198		-	(d) In adopting rules under Subsection (c)(2), the
199		-	commissioner may authorize as an alternative requirement:
200		-	(1) [an alternative assessment instrument and
201		-	performance standard for that assessment instrument;
202		-	[(2)] work experience; or
203		-	(2) [(3)] military or other relevant life experience.
204		-	SECTION 9. Section 28.0255(g), Education Code, is amended
205		-	to read as follows:
206		-	(g) A student is entitled to a high school diploma if the
207		-	student[:
208		-	[(1)] successfully complies with the curriculum
209		-	requirements specified under Subsection (e)[; and
210		-	[(2) performs satisfactorily, as determined by the
211		-	commissioner under Subsection (h), on end-of-course assessment
212		-	instruments listed under Section 39.023(c) for courses in which the
213		-	student was enrolled].
214		-	SECTION 10. Section 28.02591(a), Education Code, is amended
215		-	to read as follows:
216		-	(a) The Texas Higher Education Coordinating Board, in
217		-	coordination with the agency, shall collect longitudinal data
218		-	relating to the post-graduation pursuits of each student who is
219		-	awarded a diploma based on the determination of an individual
220		-	graduation committee under former Section 28.0258, as that section
221		-	existed on January 1, 2021 [before September 1, 2023], including
222		-	whether the student:
223		-	(1) enters the workforce;
224		-	(2) enrolls in an associate degree or certificate
225		-	program at a public or private institution of higher education;
226		-	(3) enrolls in a bachelor's degree program at a public
227		-	or private institution of higher education; or
228		-	(4) enlists in the armed forces of the United States or
229		-	the Texas National Guard.
230		-	SECTION 11. Section 29.081(b-1), Education Code, is amended
231		-	to read as follows:
232		-	(b-1) Each school district shall offer before the next
233		-	scheduled administration of the assessment instrument, without
234		-	cost to the student, additional accelerated instruction to each
235		-	student in any subject in which the student failed to perform
236		-	satisfactorily on an end-of-course assessment instrument listed in
237		-	Section 39.023(c) [required for graduation].
238		-	SECTION 12. Sections 29.259(c), (g), and (i), Education
239		-	Code, are amended to read as follows:
240		-	(c) The agency shall adopt and administer a standardized
241		-	secondary exit-level assessment instrument appropriate for
242		-	assessing adult education program participants who successfully
243		-	complete high school curriculum requirements under a program
244		-	provided under this section. The commissioner shall determine the
245		-	level of performance considered to be satisfactory on the secondary
246		-	exit-level assessment instrument [for receipt of a high school
247		-	diploma by an adult education program participant in a program
248		-	provided under this section].
249		-	(g) A person who is at least 18 years of age and not more
250		-	than 50 years of age is eligible to enroll in the adult education
251		-	program under this section if the person:
252		-	(1) has failed to complete the curriculum requirements
253		-	for high school graduation; or
254		-	(2) has failed to perform satisfactorily on an
255		-	assessment instrument that, before the 2021-2022 school year, was
256		-	required for high school graduation.
257		-	(i) A charter granted under this section must:
258		-	(1) include a description of the adult education
259		-	program to be offered under this section; and
260		-	(2) establish specific, objective standards for
261		-	receiving a high school diploma, including[:
262		-	[(A)] successful completion of:
263		-	(A) [(i)] if applicable to the program
264		-	participant, the curriculum requirements under Section 28.025; or
265		-	(B) [(ii)] the appropriate curriculum
266		-	requirements applicable to the program participant[; and
267		-	[(B) satisfactory performance on the
268		-	standardized secondary exit-level assessment instrument described
269		-	by Subsection (c)].
270		-	SECTION 13. Section 29.402(c), Education Code, is amended
271		-	to read as follows:
272		-	(c) A public junior college under this section shall:
273		-	(1) design a dropout recovery curriculum that includes
274		-	career and technology education courses that lead to industry or
275		-	career certification;
276		-	(2) integrate into the dropout recovery curriculum
277		-	research-based strategies to assist students in becoming able
278		-	academically to pursue postsecondary education, including:
279		-	(A) high quality, college readiness instruction
280		-	with strong academic and social supports;
281		-	(B) secondary to postsecondary bridging that
282		-	builds college readiness skills, provides a plan for college
283		-	completion, and ensures transition counseling; and
284		-	(C) information concerning appropriate supports
285		-	available in the first year of postsecondary enrollment to ensure
286		-	postsecondary persistence and success, to the extent funds are
287		-	available for the purpose;
288		-	(3) offer advanced academic and transition
289		-	opportunities, including dual credit courses and college
290		-	preparatory courses, such as advanced placement courses; and
291		-	(4) coordinate with each partnering school district to
292		-	provide in the articulation agreement that the district retains
293		-	accountability for student attendance and[,] student completion of
294		-	high school course requirements[, and student performance on
295		-	assessment instruments] as necessary for the student to receive a
296		-	diploma from a high school of the partnering school district.
297		-	SECTION 14. Section 30.021(e), Education Code, is amended
298		-	to read as follows:
299		-	(e) The school shall cooperate with public and private
300		-	agencies and organizations serving students and other persons with
301		-	visual impairments in the planning, development, and
302		-	implementation of effective educational and rehabilitative service
303		-	delivery systems associated with educating students with visual
304		-	impairments. To maximize and make efficient use of state
305		-	facilities, funding, and resources, the services provided in this
306		-	area may include conducting a cooperative program with other
307		-	agencies to serve students who have graduated from high school by
308		-	completing all academic requirements applicable to students in
309		-	regular education[, excluding satisfactory performance under
310		-	Section 39.025,] who are younger than 22 years of age on September 1
311		-	of the school year and who have identified needs related to
312		-	vocational training, independent living skills, orientation and
313		-	mobility, social and leisure skills, compensatory skills, or
314		-	remedial academic skills.
315		-	SECTION 15. Section 30.104(b), Education Code, is amended
316		-	to read as follows:
317		-	(b) A student may graduate and receive a diploma from a
318		-	department educational program if:
319		-	(1) the student successfully completes the curriculum
320		-	requirements identified by the State Board of Education under
321		-	Section 28.025(a) [and complies with Section 39.025]; or
322		-	(2) the student successfully completes the curriculum
323		-	requirements under Section 28.025(a) as modified by an
324		-	individualized education program developed under Section 29.005.
325		-	SECTION 16. Section 32.258(b), Education Code, is amended
326		-	to read as follows:
327		-	(b) The system established under Subsection (a) shall
328		-	provide a means for a student or the student's parent or other
329		-	person standing in parental relationship to track the student's
330		-	progress on assessment instruments administered under Section
331		-	39.023 [instrument requirements for graduation].
332		-	SECTION 17. Section 39.023(a), Education Code, as effective
333		-	until September 1, 2021, is amended to read as follows:
	12	+	SECTION 1. Section 39.023(a), Education Code, as effective
	13	+	until September 1, 2021 and as effective September 1, 2021, is
	14	+	amended to read as follows:
334	15		(a) The agency shall adopt or develop appropriate
335	16		criterion-referenced assessment instruments designed to assess
336	17		essential knowledge and skills in reading, [writing,] mathematics,
337	18		[social studies,] and science. Except as provided by Subsection
338	19		(a-2), all students, other than students assessed under Subsection
339	20		(b) or (l) or exempted under Section 39.027, shall be assessed in:
340	21		(1) mathematics, annually in grades three through
341	22		eight;
342	23		(2) reading, annually in grades three through eight;
343		-	and
344	24		(3) [writing, including spelling and grammar, in
345	25		grades four and seven;
346	26		[(4) social studies, in grade eight;
347		-	[(5)] science, in grades five and eight[; and
348		-	[(6) any other subject and grade required by federal
349		-	law].
350		-	SECTION 18. Section 39.023(a), Education Code, as effective
351		-	September 1, 2021, is amended to read as follows:
352		-	(a) The agency shall adopt or develop appropriate
353		-	criterion-referenced assessment instruments designed to assess
354		-	essential knowledge and skills in reading, mathematics, [social
355		-	studies,] and science. Except as provided by Subsection (a-2), all
356		-	students, other than students assessed under Subsection (b) or (l)
357		-	or exempted under Section 39.027, shall be assessed in:
358		-	(1) mathematics, annually in grades three through
359		-	eight;
360		-	(2) reading, annually in grades three through eight;
361		-	and
362		-	(3) [social studies, in grade eight;
363		-	[(4)] science, in grades five and eight[; and
364		-	[(5) any other subject and grade required by federal
365		-	law].
366		-	SECTION 19. Section 39.023, Education Code, is amended by
367		-	amending Subsections (c) and (c-2) and adding Subsection (q) to
368		-	read as follows:
	27	+	[(5)] science, in grades five and eight; and
	28	+	[(6)] any other subject and grade required by federal
	29	+	law.
	30	+	SECTION 2. Section 39.023, Education Code, is amended by
	31	+	amending Subsections (c) and adding Subsection (q) to read as
	32	+	follows:
369	33		(c) The agency shall also adopt end-of-course assessment
370	34		instruments for secondary-level courses in reading, mathematics,
371	35		and science only as necessary to comply with the Every Student
372	36		Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
373	37		only as necessary to meet the minimum requirements of that Act
374	38		[Algebra I, biology, English I, English II, and United States
375		-	history. The Algebra I end-of-course assessment instrument must
376		-	be administered with the aid of technology, but may include one or
377		-	~~more~~ parts that prohibit the use of technology. The English I and
	39	+	history. The Algebra I end-of-course assessment instrument must be
	40	+	administered with the aid of technology, but may include one or more
	41	+	parts that prohibit the use of technology. The English I and
378	42		English II end-of-course assessment instruments must each assess
379	43		essential knowledge and skills in both reading and writing and must
380	44		provide a single score]. A school district shall comply with State
381	45		Board of Education rules regarding administration of the assessment
382	46		instruments adopted under [listed in] this subsection. If a
383	47		student is in a special education program under Subchapter A,
384	48		Chapter 29, the student's admission, review, and dismissal
385	49		committee shall determine whether any allowable modification is
386	50		necessary in administering to the student an assessment instrument
387	51		required under this subsection. The State Board of Education shall
388	52		administer the assessment instruments. An end-of-course
389	53		assessment instrument may be administered in multiple parts over
390		-	more than one day. [The State Board of Education shall adopt a
	54	+	more than one day. The State Board of Education shall adopt a
391	55		schedule for the administration of end-of-course assessment
392	56		instruments that complies with the requirements of Subsection
393		-	(c-3).]
394		-	(c-2) The agency may adopt end-of-course assessment
395		-	instruments for courses for which end-of-course assessment
396		-	instruments are not adopted under [not listed in] Subsection
397		-	(c). A student's performance on an end-of-course assessment
398		-	instrument adopted under this subsection is not subject to the
399		-	performance requirements established under Subsection (c) or
400		-	Section 39.025.
	57	+	(c-3).
401	58		(q) Notwithstanding any provision of this section or other
402	59		law, if changes made to the Every Student Succeeds Act (20 U.S.C.
403	60		Section 6301 et seq.) reduce the number or frequency of assessment
404	61		instruments required to be administered to students, the State
405	62		Board of Education shall adopt rules reducing the number or
406	63		frequency of assessment instruments administered to students under
407	64		state law, and the commissioner shall ensure that students are not
408	65		assessed in subject areas or in grades that are no longer required
409	66		to meet the minimum requirements of that Act.
410		-	SECTION 20. Subchapter B, Chapter 39, Education Code, is
	67	+	SECTION 3. Section 39.025(a-1), Education Code, is amended
	68	+	to read as follows:
	69	+	(a-1) A student enrolled in a college preparatory
	70	+	mathematics or English language arts course under Section 28.014
	71	+	who satisfies the Texas Success Initiative (TSI) college readiness
	72	+	benchmarks prescribed by the Texas Higher Education Coordinating
	73	+	Board under Section 51.334 on an assessment instrument designated
	74	+	by the coordinating board under that section administered at the
	75	+	end of the college preparatory mathematics or English language arts
	76	+	course satisfies the requirements concerning and is exempt from the
	77	+	administration of the mathematics or reading [Algebra I or the
	78	+	English I and English II] end-of-course assessment instrument
	79	+	[instruments], as applicable, [as prescribed by Section
	80	+	39.023(c),] even if the student did not perform satisfactorily on a
	81	+	previous administration of the applicable end-of-course assessment
	82	+	instrument. A student who fails to perform satisfactorily on the
	83	+	assessment instrument designated by the coordinating board under
	84	+	Section 51.334 administered as provided by this subsection may
	85	+	retake that assessment instrument for purposes of this subsection
	86	+	or may take the appropriate end-of-course assessment instrument.
	87	+	SECTION 4. Section 39.203(c), Education Code, is amended to
	88	+	read as follows:
	89	+	(c) In addition to the distinction designations described
	90	+	by Subsections (a) and (b), a campus that satisfies the criteria
	91	+	developed under Section 39.204 shall be awarded a distinction
	92	+	designation by the commissioner for outstanding performance in
	93	+	academic achievement in reading [English language arts],
	94	+	mathematics, or science[, or social studies].
	95	+	SECTION 5. Subchapter B, Chapter 39, Education Code, is
411	96		amended by adding Section 39.0239 to read as follows:
412	97		Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
413	98		TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
414	99		DISASTER. (a) If a school district is located wholly or partly in
415	100		the area of a disaster declared by the president of the United
416	101		States under the Robert T. Stafford Disaster Relief and Emergency
417	102		Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor
418	103		under Chapter 418, Government Code, during a school year in which
419	104		district operations, including in-person attendance, are
420	105		disrupted, the commissioner shall apply to the United States
421	106		Department of Education for a waiver of the requirement under the
422	107		Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
423	108		administer assessment instruments during that school year for the
424	109		affected district.
425	110		(b) If the United States Department of Education fails to
426	111		grant a waiver requested under Subsection (a), the assessment
427	112		instruments shall be administered as required under Section 39.023
428	113		during the applicable school year, but, notwithstanding any other
429	114		law, the commissioner may not consider the results of the
430		-	assessment instruments for purposes of evaluating school district
431		-	or campus performance under this chapter for the affected district
432		-	for the applicable school year, including in determining:
433		-	(1) the accreditation status of a district under
434		-	Section 39.051;
435		-	(2) the performance rating to assign to the district
436		-	or the district's campuses under Section 39.054; or
437		-	(3) whether to impose any intervention or sanction
438		-	authorized by Chapter 39A after the applicable school year on the
439		-	district or the district's campuses.
440		-	SECTION 21. The heading to Section 39.025, Education Code,
441		-	is amended to read as follows:
442		-	Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
443		-	[SECONDARY-LEVEL PERFORMANCE REQUIRED].
444		-	SECTION 22. Section 39.025(a), Education Code, is amended
445		-	to read as follows:
	115	+	assessment instruments for purposes of:
	116	+	(1) evaluating school district or campus performance
	117	+	under this chapter for the affected district for the applicable
	118	+	school year, including in determining:
	119	+	(A) the performance rating to assign to the
	120	+	district or the district's campuses under Section 39.054; or
	121	+	(B) whether to impose any intervention or
	122	+	sanction authorized by Chapter 39A after the applicable school year
	123	+	on the district or the district's campuses; or
	124	+	(2) determining a student's qualification for
	125	+	promotion or graduation.
	126	+	SECTION 6. Section 28.021 and Section 28.0211, Education
	127	+	Code, is amended to read as follows:
	128	+	Sec. 28.021. STUDENT ADVANCEMENT.
	129	+	(c) In determining promotion under Subsection (a), a school
	130	+	district shall consider:
	131	+	(3) the student's score on an assessment instrument
	132	+	administered under Section 39.023(a), (b), or (l), to the extent
	133	+	applicable; and
	134	+	(e) The commissioner shall provide guidelines to districts
	135	+	based on best practices that a district may use when considering
	136	+	factors for promotion.
	137	+	Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
	138	+	INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
	139	+	provided by Subsection (b) or (e), a student may not be promoted to:
	140	+	(1) the sixth grade program to which the student would
	141	+	otherwise be assigned if the student does not perform
	142	+	satisfactorily on the fifth grade mathematics and reading
	143	+	assessment instruments under Section 39.023; or
	144	+	(2) the ninth grade program to which the student would
	145	+	otherwise be assigned if the student does not perform
	146	+	satisfactorily on the eighth grade mathematics and reading
	147	+	assessment instruments under Section 39.023.
	148	+	(a-2) A student who fails to perform satisfactorily on an
	149	+	assessment instrument specified under Subsection (a) and who is
	150	+	promoted to the next grade level must complete accelerated
	151	+	instruction required under Subsection (a-1) before placement in the
	152	+	next grade level. A student who fails to complete required
	153	+	accelerated instruction may not be promoted.
	154	+	(b) A school district shall provide to a student who
	155	+	initially fails to perform satisfactorily on an assessment
	156	+	instrument specified under Subsection (a) at least two additional
	157	+	opportunities to take the assessment instrument. A school district
	158	+	may administer an alternate assessment instrument to a student who
	159	+	has failed an assessment instrument specified under Subsection (a)
	160	+	on the previous two opportunities. Notwithstanding any other
	161	+	provision of this section, a student may be promoted if the student
	162	+	performs at grade level on an alternate assessment instrument under
	163	+	this subsection that is appropriate for the student's grade level
	164	+	and approved by the commissioner.
	165	+	(e) A student who, after at least three attempts, fails to
	166	+	perform satisfactorily on an assessment instrument specified under
	167	+	Subsection (a) shall be retained at the same grade level for the
	168	+	next school year in accordance with Subsection (a). The student's
	169	+	parent or guardian may appeal the student's retention by submitting
	170	+	a request to the grade placement committee established under
	171	+	Subsection (c). The school district shall give the parent or
	172	+	guardian written notice of the opportunity to appeal. The grade
	173	+	placement committee may decide in favor of a student's promotion
	174	+	only if the committee concludes, using standards adopted by the
	175	+	board of trustees, that if promoted and given accelerated
	176	+	instruction, the student is likely to perform at grade level. A
	177	+	student may not be promoted on the basis of the grade placement
	178	+	committee's decision unless that decision is unanimous. The
	179	+	commissioner by rule shall establish a time line for making the
	180	+	placement determination. This subsection does not create a
	181	+	property interest in promotion. The decision of the grade placement
	182	+	committee is final and may not be appealed.
	183	+	Sec. 39.025. SECONDARY-LEVEL PERFORMANCE REQUIRED.
446	184		(a) The commissioner shall adopt rules requiring a student
447	185		in the foundation high school program under Section 28.025 to be
448	186		administered an end-of-course assessment instrument listed in
449	187		Section 39.023(c) only for a course in which the student is enrolled
450	188		and for which an end-of-course assessment instrument is
451		-	administered. Each student's performance on an end-of-course
452		-	assessment instrument shall be evaluated to determine whether the
453		-	[A] student achieved [is required to achieve] a scale score that
	189	+	administered. A student is required to achieve a scale score that
454	190		indicates satisfactory performance, as determined by the
455		-	commissioner under Section 39.0241(a)[, on each end-of-course
456		-	assessment instrument administered to the student]. The results of
457		-	the administration of an end-of-course assessment instrument
458		-	required under this subsection may not be used as criteria for
459		-	graduation. The results may be used only for the purpose of
460		-	diagnosing the academic strengths and deficiencies of a student and
461		-	guiding specific instruction to the student. [For each scale score
462		-	required under this subsection that is not based on a 100-point
463		-	scale scoring system, the commissioner shall provide for
	191	+	commissioner under Section 39.0241(a), on each end-of-course
	192	+	assessment instrument administered to the student. For each scale
	193	+	score required under this subsection that is not based on a
	194	+	100-point scale scoring system, the commissioner shall provide for
464	195		conversion, in accordance with commissioner rule, of the scale
465	196		score to an equivalent score based on a 100-point scale scoring
466	197		system. A student may not receive a high school diploma until the
467	198		student has performed satisfactorily on end-of-course assessment
468		-	instruments in the manner provided under this subsection.] This
	199	+	instruments in the manner provided under this subsection. This
469	200		subsection does not require a student to demonstrate readiness to
470	201		enroll in an institution of higher education.
471		-	SECTION 23. Section 39.034(d), Education Code, is amended
472		-	to read as follows:
473		-	(d) The agency shall determine the necessary annual
474		-	improvement required each year for a student to be prepared to
475		-	perform satisfactorily on, as applicable:
476		-	(1) the grade five assessment instruments;
477		-	(2) the grade eight assessment instruments; and
478		-	(3) the end-of-course assessment instruments listed
479		-	in Section 39.023(c) [required under this subchapter for
480		-	graduation].
481		-	SECTION 24. Section 39.053(c), Education Code, is amended
482		-	to read as follows:
483		-	(c) School districts and campuses must be evaluated based on
484		-	three domains of indicators of achievement adopted under this
485		-	section that include:
486		-	(1) in the student achievement domain, indicators of
487		-	student achievement that must include:
488		-	(A) for evaluating the performance of districts
489		-	and campuses generally:
490		-	(i) an indicator that accounts for the
491		-	results of assessment instruments required under Sections
492		-	39.023(a), (c), and (l), as applicable for the district and campus,
493		-	including the results of those assessment instruments [required for
494		-	graduation] retaken by a student, aggregated across grade levels by
495		-	subject area, including:
496		-	(a) for the performance standard
497		-	determined by the commissioner under Section 39.0241(a), the
498		-	percentage of students who performed satisfactorily on the
499		-	assessment instruments, aggregated across grade levels by subject
500		-	area; and
501		-	(b) for the college readiness
502		-	performance standard as determined under Section 39.0241, the
503		-	percentage of students who performed satisfactorily on the
504		-	assessment instruments, aggregated across grade levels by subject
505		-	area; and
506		-	(ii) an indicator that accounts for the
507		-	results of assessment instruments required under Section
508		-	39.023(b), as applicable for the district and campus, including the
509		-	percentage of students who performed satisfactorily on the
510		-	assessment instruments, as determined by the performance standard
511		-	adopted by the agency, aggregated across grade levels by subject
512		-	area; and
513		-	(B) for evaluating the performance of high school
514		-	campuses and districts that include high school campuses,
515		-	indicators that account for:
516		-	(i) students who satisfy the Texas Success
517		-	Initiative (TSI) college readiness benchmarks prescribed by the
518		-	Texas Higher Education Coordinating Board under Section 51.334 on
519		-	an assessment instrument in reading or mathematics designated by
520		-	the coordinating board under that section;
521		-	(ii) students who satisfy relevant
522		-	performance standards on advanced placement tests or similar
523		-	assessments;
524		-	(iii) students who earn dual course credits
525		-	in the dual credit courses;
526		-	(iv) students who enlist in the armed
527		-	forces of the United States;
528		-	(v) students who earn industry
529		-	certifications;
530		-	(vi) students admitted into postsecondary
531		-	industry certification programs that require as a prerequisite for
532		-	entrance successful performance at the secondary level;
533		-	(vii) students whose successful completion
534		-	of a course or courses under Section 28.014 indicates the student's
535		-	preparation to enroll and succeed, without remediation, in an
536		-	entry-level general education course for a baccalaureate degree or
537		-	associate degree;
538		-	(viii) students who successfully met
539		-	standards on a composite of indicators that through research
540		-	indicates the student's preparation to enroll and succeed, without
541		-	remediation, in an entry-level general education course for a
542		-	baccalaureate degree or associate degree;
543		-	(ix) high school graduation rates, computed
544		-	in accordance with standards and definitions adopted in compliance
545		-	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
546		-	subject to the exclusions provided by Subsections (g), (g-1),
547		-	(g-2), and (g-3);
548		-	(x) students who successfully completed an
549		-	OnRamps dual enrollment course;
550		-	(xi) students who successfully completed a
551		-	practicum or internship approved by the State Board of Education;
552		-	and
553		-	(xii) students who are awarded an associate
554		-	degree;
555		-	(2) in the school progress domain, indicators for
556		-	effectiveness in promoting student learning, which must include:
557		-	(A) for assessment instruments, including
558		-	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
559		-	percentage of students who met the standard for improvement, as
560		-	determined by the commissioner; and
561		-	(B) for evaluating relative performance, the
562		-	performance of districts and campuses compared to similar districts
563		-	or campuses; and
564		-	(3) in the closing the gaps domain, the use of
565		-	disaggregated data to demonstrate the differentials among students
566		-	from different racial and ethnic groups, socioeconomic
567		-	backgrounds, and other factors, including:
568		-	(A) students formerly receiving special
569		-	education services;
570		-	(B) students continuously enrolled; and
571		-	(C) students who are mobile.
572		-	SECTION 25. Section 39.203(c), Education Code, is amended
573		-	to read as follows:
574		-	(c) In addition to the distinction designations described
575		-	by Subsections (a) and (b), a campus that satisfies the criteria
576		-	developed under Section 39.204 shall be awarded a distinction
577		-	designation by the commissioner for outstanding performance in
578		-	academic achievement in reading [English language arts],
579		-	mathematics, or science[, or social studies].
580		-	SECTION 26. Section 39.301(c), Education Code, is amended
581		-	to read as follows:
582		-	(c) Indicators for reporting purposes must include:
583		-	(1) the percentage of graduating students who meet the
584		-	course requirements established by State Board of Education rule
585		-	for:
586		-	(A) the foundation high school program;
587		-	(B) the distinguished level of achievement under
588		-	the foundation high school program; and
589		-	(C) each endorsement described by Section
590		-	28.025(c-1);
591		-	(2) the results of the SAT, ACT, and certified
592		-	workforce training programs described by Chapter 311, Labor Code;
593		-	(3) for students who have failed to perform
594		-	satisfactorily, under each performance standard under Section
595		-	39.0241, on an assessment instrument required under Section
596		-	39.023(a) or (c), the performance of those students on subsequent
597		-	assessment instruments required under those sections, aggregated
598		-	by grade level and subject area;
599		-	(4) for each campus, the number of students,
600		-	disaggregated by major student subpopulations, that take courses
601		-	under the foundation high school program and take additional
602		-	courses to earn an endorsement under Section 28.025(c-1),
603		-	disaggregated by type of endorsement;
604		-	(5) the percentage of students, aggregated by grade
605		-	level, provided accelerated instruction under Section 28.0211
606		-	[28.0211(c)], the results of assessment instruments administered
607		-	under that section, [the percentage of students promoted through
608		-	the grade placement committee process under Section 28.0211,] the
609		-	subject of the assessment instrument on which each student failed
610		-	to perform satisfactorily under each performance standard under
611		-	Section 39.0241, and the performance of those students in the
612		-	following school year [following that promotion] on the assessment
613		-	instruments required under Section 39.023;
614		-	(6) the percentage of students of limited English
615		-	proficiency exempted from the administration of an assessment
616		-	instrument under Sections 39.027(a)(1) and (2);
617		-	(7) the percentage of students in a special education
618		-	program under Subchapter A, Chapter 29, assessed through assessment
619		-	instruments developed or adopted under Section 39.023(b);
620		-	(8) the percentage of students who satisfy the college
621		-	readiness measure;
622		-	(9) the measure of progress toward dual language
623		-	proficiency under Section 39.034(b), for students of limited
624		-	English proficiency, as defined by Section 29.052;
625		-	(10) the percentage of students who are not
626		-	educationally disadvantaged;
627		-	(11) the percentage of students who enroll and begin
628		-	instruction at an institution of higher education in the school
629		-	year following high school graduation; and
630		-	(12) the percentage of students who successfully
631		-	complete the first year of instruction at an institution of higher
632		-	education without needing a developmental education course.
633		-	SECTION 27. Effective September 1, 2021, the following
634		-	provisions of the Education Code are repealed:
635		-	(1) Section 12.104(b-2);
636		-	(2) Section 19.0043(c);
637		-	(3) Section 28.021(e);
638		-	(4) Sections 28.0211(a), (a-2), (e), (f), (i-1),
639		-	(i-2), (n), (o), and (p);
640		-	(5) Sections 28.025(c-6) and (d);
641		-	(6) Section 28.0255(h);
642		-	(7) Section 28.0258;
643		-	(8) Section 28.0259;
644		-	(9) Section 30.104(c);
645		-	(10) Section 39.023(c-3);
646		-	(11) Section 39.023(c-7), as added by Chapter 1282
647		-	(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
648		-	(12) Section 39.023(c-7), as added by Chapter 1315
649		-	(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;
650		-	and
651		-	(13) Sections 39.025(a-1), (a-2), (a-3), (a-4),
652		-	(a-5), (b), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2), and (g).
653		-	SECTION 28. (a) As soon as practicable, each school
654		-	district that provided notice to an eighth grade student during the
655		-	2020-2021 school year under Section 39.025(g), Education Code, as
656		-	that section existed before the repeal by this Act, shall send an
657		-	updated notice to that student informing the student of the
658		-	specific requirements applicable to the student under Sections
659		-	39.023(c) and 39.025(a), Education Code, as amended by this Act.
660		-	(b) As soon as practicable, the commissioner of education
661		-	shall determine the level of performance considered to be
662		-	satisfactory as required under Section 39.0241(a), Education Code,
663		-	on the assessment instrument required under Section 39.023(c),
664		-	Education Code, as amended by this Act.
665		-	SECTION 29. This Act applies beginning with the 2021-2022
666		-	school year.
667		-	SECTION 30. This Act takes effect immediately if it
668		-	receives a vote of two-thirds of all the members elected to each
669		-	house, as provided by Section 39, Article III, Texas Constitution.
670		-	If this Act does not receive the vote necessary for immediate
671		-	effect, this Act takes effect September 1, 2021.
	202	+	(a-2) The commissioner shall determine a method by which a
	203	+	student's satisfactory performance on an advanced placement test,
	204	+	an international baccalaureate examination, an SAT Subject Test,
	205	+	the SAT, the ACT, or any nationally recognized norm-referenced
	206	+	assessment instrument used by institutions of higher education to
	207	+	award course credit based on satisfactory performance on the
	208	+	assessment instrument shall be used to satisfy the requirements
	209	+	concerning an end-of-course assessment instrument in an equivalent
	210	+	course as prescribed by Subsection (a). The commissioner shall
	211	+	determine a method by which a student's satisfactory performance on
	212	+	the PSAT or the ACT-Plan shall be used to satisfy the requirements
	213	+	concerning an end-of-course assessment instrument in an equivalent
	214	+	course as prescribed by Subsection (a). A student who fails to
	215	+	perform satisfactorily on a test or other assessment instrument
	216	+	authorized under this subsection, other than the PSAT or the
	217	+	ACT-Plan, may retake that test or other assessment instrument for
	218	+	purposes of this subsection or may take the appropriate
	219	+	end-of-course assessment instrument. A student who fails to
	220	+	perform satisfactorily on the PSAT or the ACT-Plan must take the
	221	+	appropriate end-of-course assessment instrument. The commissioner
	222	+	shall adopt rules as necessary for the administration of this
	223	+	subsection.
	224	+	(a-3) A student who, after retaking an end-of-course
	225	+	assessment instrument for Algebra I or English II, has failed to
	226	+	perform satisfactorily as required by Subsection (a), but who
	227	+	receives a score of proficient on the Texas Success Initiative
	228	+	(TSI) diagnostic assessment for the corresponding subject for which
	229	+	the student failed to perform satisfactorily on the end-of-course
	230	+	assessment instrument satisfies the requirement concerning the
	231	+	Algebra I or English II end-of-course assessment, as applicable.
	232	+	This subsection expires September 1, 2023.
	233	+	(a-4) The admission, review, and dismissal committee of a
	234	+	student in a special education program under Subchapter A, Chapter
	235	+	29, shall determine whether, to receive a high school diploma, the
	236	+	student is required to achieve satisfactory performance on
	237	+	end-of-course assessment instruments.
	238	+	(a-5) Notwithstanding Subsection (a), a student who has
	239	+	failed to perform satisfactorily on end-of-course assessment
	240	+	instruments in the manner provided under this section may receive a
	241	+	high school diploma if the student has qualified for graduation
	242	+	under Section 28.0258. This subsection expires September 1, 2023.
	243	+	(b) Each time an end-of-course assessment instrument
	244	+	adopted under Section 39.023(c) is administered, a student who
	245	+	failed to achieve a score requirement under Subsection (a) may
	246	+	retake the assessment instrument. A student is not required to
	247	+	retake a course as a condition of retaking an end-of-course
	248	+	assessment instrument.
	249	+	(b-1) A school district shall provide each student who fails
	250	+	to perform satisfactorily as determined by the commissioner under
	251	+	Section 39.0241(a) on an end-of-course assessment instrument with
	252	+	accelerated instruction in the subject assessed by the assessment
	253	+	instrument.
	254	+	(c) A student who has been denied a high school diploma
	255	+	under this section and who subsequently performs at the level
	256	+	necessary to comply with the requirements of this section shall be
	257	+	issued a high school diploma.
	258	+	(c-1) A school district may not administer an assessment
	259	+	instrument required for graduation administered under this section
	260	+	as this section existed:
	261	+	(1) before September 1, 1999; or
	262	+	(2) before amendment by Chapter 1312 (S.B. 1031), Acts
	263	+	of the 80th Legislature, Regular Session, 2007.
	264	+	(c-2) A school district may administer to a student who
	265	+	failed to perform satisfactorily on an assessment instrument
	266	+	described by Subsection (c-1) an alternate assessment instrument
	267	+	designated by the commissioner. The commissioner shall determine
	268	+	the level of performance considered to be satisfactory on an
	269	+	alternate assessment instrument. The district may not administer
	270	+	to the student an assessment instrument or a part of an assessment
	271	+	instrument that assesses a subject that was not assessed in an
	272	+	assessment instrument applicable to the student described by
	273	+	Subsection (c-1). The commissioner shall make available to
	274	+	districts information necessary to administer the alternate
	275	+	assessment instrument authorized by this subsection. The
	276	+	commissioner's determination regarding designation of an
	277	+	appropriate alternate assessment instrument under this subsection
	278	+	and the performance required on the assessment instrument is final
	279	+	and may not be appealed.
	280	+	(f-1) The commissioner shall establish satisfactory
	281	+	performance levels for the SAT, the ACT, the Texas Success
	282	+	Initiative (TSI) diagnostic assessment, and the current assessment
	283	+	instrument or instruments administered for graduation purposes
	284	+	that are equivalent in rigor to the performance level required to be
	285	+	met under Subsection (a), as that subsection existed before
	286	+	amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th
	287	+	Legislature, Regular Session, 2007, that qualify a student subject
	288	+	to Subsection (f)(1) to receive a high school diploma.
	289	+	Notwithstanding Subsection (f), the commissioner is not required
	290	+	after September 1, 2017, to maintain and administer assessment
	291	+	instruments administered under Section 39.023(c), as that section
	292	+	existed before amendment by Chapter 1312 (S.B. No. 1031), Acts of
	293	+	the 80th Legislature, Regular Session, 2007.
	294	+	(f–2) A school district shall determine which assessment or
	295	+	assessments described by Subsection (f-1) qualify a student subject
	296	+	to Subsection (f)(1) to receive a high school diploma from the
	297	+	district.
	298	+	(g) Rules adopted under Subsection (f) must require that
	299	+	each student who will be subject to the requirements of Subsection
	300	+	(a) is entitled to notice of the specific requirements applicable
	301	+	to the student. Notice under this subsection must be provided not
	302	+	later than the date the student enters the eighth grade.
	303	+	SECTION 7. Effective September 1, 2021, Education Code Sec.
	304	+	28.0258 is repealed.
	305	+	SECTION 8. To the extent of any conflict, this Act prevails
	306	+	over another Act of the 87th Legislature, Regular Session, 2021,
	307	+	relating to nonsubstantive additions to and corrections in enacted
	308	+	codes.
	309	+	SECTION 9. This Act takes effect immediately if it receives
	310	+	a vote of two-thirds of all the members elected to each house, as
	311	+	provided by Section 39, Article III, Texas Constitution. If this
	312	+	Act does not receive the vote necessary for immediate effect, this
	313	+	Act takes effect September 1, 2021.