Texas 2021 - 87th Regular

Texas House Bill HB764 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Krause, Landgraf, Burns, Slawson, et al. H.B. No. 764
	1	+	87R19422 TSS-D
	2	+	By: Krause, Landgraf, Burns, Slawson H.B. No. 764
	3	+	Substitute the following for H.B. No. 764:
	4	+	By: Dutton C.S.H.B. No. 764
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the academic assessment of public school students.
7	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	11		SECTION 1. Section 18.006(b), Education Code, is amended to
9	12		read as follows:
10	13		(b) In addition to other factors determined to be
11	14		appropriate by the commissioner, the accountability system must
12	15		include consideration of:
13	16		(1) student performance on the [end-of-course]
14	17		assessment instruments administered under [required by] Section
15	18		39.023(c); and
16	19		(2) dropout rates, including dropout rates and diploma
17	20		program completion rates for the grade levels served by the diploma
18	21		program.
19	22		SECTION 2. Section 25.005(b), Education Code, is amended to
20	23		read as follows:
21	24		(b) A reciprocity agreement must:
22	25		(1) address procedures for:
23	26		(A) transferring student records;
24	27		(B) awarding credit for completed course work;
25	28		and
26	29		(C) permitting a student to satisfy the
27	30		requirements of Section 39.025 through successful performance on
28	31		comparable [end-of-course or other exit-level] assessment
29	32		instruments administered in another state; and
30	33		(2) include appropriate criteria developed by the
31	34		agency.
32	35		SECTION 3. Section 28.014(a), Education Code, is amended to
33	36		read as follows:
34	37		(a) Each school district shall partner with at least one
35	38		institution of higher education to develop and provide courses in
36	39		college preparatory mathematics and English language arts. The
37	40		courses must be designed:
38	41		(1) for students at the 12th grade level whose
39	42		performance on:
40	43		(A) an [end-of-course] assessment instrument
41	44		administered [required] under Section 39.023(c) does not meet
42	45		college readiness standards; or
43	46		(B) coursework, a college entrance examination,
44	47		or an assessment instrument designated under Section 51.334
45	48		indicates that the student is not ready to perform entry-level
46	49		college coursework; and
47	50		(2) to prepare students for success in entry-level
48	51		college courses.
49	52		SECTION 4. Section 28.0211(o), Education Code, is amended
50	53		to read as follows:
51	54		(o) This section does not require the administration of
52	55		a fifth [or eighth] grade assessment instrument in a subject under
53	56		Section 39.023(a) to a student enrolled in the fifth [or eighth]
54	57		grade[, as applicable,] if the student[:
55	58		[(1)] is enrolled in a course in the subject intended
56	59		for students above the student's grade level and will be
57	60		administered an assessment instrument adopted or developed under
58	61		Section 39.023(a) that aligns with the curriculum for the course in
59	62		which the student is enrolled[; or
60	63		[(2) is enrolled in a course in the subject for which
61	64		the student will receive high school academic credit and will be
62	65		administered an end-of-course assessment instrument adopted under
63	66		Section 39.023(c) for the course].
64	67		SECTION 5. Section 28.023(c), Education Code, is amended to
65	68		read as follows:
66	69		(c) A school district shall give a student in grade level
67	70		six or above credit for a subject on the basis of an examination for
68	71		credit in the subject approved by the board of trustees under
69	72		Subsection (a) if the student scores in the 80th percentile or above
70	73		on the examination or if the student achieves a score as provided by
71	74		Subsection (c-1). If a student is given credit in a subject on the
72	75		basis of an examination, the district shall enter the examination
73	76		score on the student's transcript [and the student is not required
74	77		to take an end-of-course assessment instrument adopted under
75	78		Section 39.023(c) for that subject].
76	79		SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,
77	80		are amended to read as follows:
78	81		(b-4) A school district may offer the curriculum described
79	82		in Subsections (b-1)(1) through (4) in an applied manner. Courses
80	83		delivered in an applied manner must cover the essential knowledge
81	84		and skills[, and the student shall be administered the applicable
82	85		end-of-course assessment instrument as provided by Sections
83	86		39.023(c) and 39.025].
84	87		(c-8) For purposes of Subsection (c-7), the admission,
85	88		review, and dismissal committee of a student in a special education
86	89		program under Subchapter A, Chapter 29, shall determine whether the
87	90		student is required to achieve satisfactory performance on an
88	91		[end-of-course] assessment instrument administered under Section
89	92		39.023(c) to earn an endorsement on the student's transcript.
90	93		SECTION 7. Section 28.0255, Education Code, is amended by
91	94		amending Subsections (g) and (h) and adding Subsection (g-1) to
92	95		read as follows:
93	96		(g) A student entering the ninth grade for the first time
94	97		beginning with the 2021-2022 school year is entitled to a high
95	98		school diploma if the student:
96	99		(1) successfully complies with the curriculum
97	100		requirements specified under Subsection (e); and
98	101		(2) performs satisfactorily, as determined by the
99	102		commissioner under Subsection (h), on each [end-of-course]
100	103		assessment instrument selected [instruments listed] under Section
101	104		39.023(c) by the school district [for courses] in which the student
102	105		is [was] enrolled.
103	106		(g-1) A student other than a student described by Subsection
104	107		(g) is entitled to a high school diploma if the student:
105	108		(1) successfully complies with the curriculum
106	109		requirements specified under Subsection (e); and
107	110		(2) performs satisfactorily, as determined by the
108	111		commissioner under Subsection (h), on:
109	112		(A) each assessment instrument selected under
110	113		Section 39.023(c) by the school district in which the student is
111	114		enrolled; or
112	115		(B) assessment instruments listed under Section
113		-	39.023(c), as that section existed before amendment by H.B. ~~764~~,
	116	+	39.023(c), as that section existed before amendment by _.B. ___,
114	117		Acts of the 87th Legislature, Regular Session, 2021, for courses in
115	118		which the student was enrolled.
116	119		(h) For purposes of Subsections [Subsection] (g)(2) and
117	120		(g-1)(2), the commissioner shall determine the level of
118	121		satisfactory performance on applicable [end-of-course] assessment
119	122		instruments administered to a student.
120	123		SECTION 8. Section 28.0258, Education Code, is amended by
121	124		amending Subsections (a), (b), (f), (h), (j), and (k) and adding
122	125		Subsections (m) and (n) to read as follows:
123	126		(a) This section applies only to an 11th or 12th grade
124	127		student who has failed to comply with the [end-of-course]
125	128		assessment instrument performance requirements under Section
126	129		39.025 for not more than two subjects identified under Section
127	130		39.023(c) [courses].
128	131		(b) For each student to whom this section applies, the
129	132		school district that the student attends shall establish an
130	133		individual graduation committee at the end of or after the
131	134		student's 11th grade year to determine whether the student may
132	135		qualify to graduate as provided by this section. A student may not
133	136		qualify to graduate under this section before the student's 12th
134	137		grade year. The committee shall be composed of:
135	138		(1) the principal or principal's designee;
136	139		(2) for each subject identified under Section
137	140		39.023(c) for [end-of-course assessment instrument on] which the
138	141		student failed to perform satisfactorily on the appropriate
139	142		corresponding required assessment instrument, a [the] teacher of
140	143		the student in that subject, designated by the principal [course];
141	144		(3) the department chair or lead teacher supervising
142	145		the teacher described by Subdivision (2); and
143	146		(4) as applicable:
144	147		(A) the student's parent or person standing in
145	148		parental relation to the student;
146	149		(B) a designated advocate described by
147	150		Subsection (c) if the person described by Paragraph (A) is unable to
148	151		serve; or
149	152		(C) the student, at the student's option, if the
150	153		student is at least 18 years of age or is an emancipated minor.
151	154		(f) Notwithstanding any other law, a student's individual
152	155		graduation committee established under this section shall
153	156		recommend additional requirements by which the student may qualify
154	157		to graduate, including:
155	158		(1) additional remediation; and
156	159		(2) for each [end-of-course] assessment instrument
157	160		required under Section 39.023(c) on which the student failed to
158	161		perform satisfactorily:
159	162		(A) the completion of a project related to the
160	163		subject area [of the course] that demonstrates proficiency in the
161	164		subject area; or
162	165		(B) the preparation of a portfolio of work
163	166		samples in the subject area [of the course], including work samples
164	167		[from the course] that demonstrate proficiency in the subject area.
165	168		(h) In determining whether a student for whom an individual
166	169		graduation committee is established is qualified to graduate, the
167	170		committee shall consider:
168	171		(1) the recommendation of the student's teacher in
169	172		each course of the subject for which the student failed to perform
170	173		satisfactorily on an [end-of-course] assessment instrument;
171	174		(2) the student's grade in each course of the subject
172	175		for which the student failed to perform satisfactorily on an
173	176		[end-of-course] assessment instrument;
174	177		(3) the student's score on each [end-of-course]
175	178		assessment instrument required under Section 39.023(c) on which the
176	179		student failed to perform satisfactorily;
177	180		(4) the student's performance on any additional
178	181		requirements recommended by the committee under Subsection (f);
179	182		(5) the number of hours of remediation that the
180	183		student has attended, including[:
181	184		[(A) attendance in a college preparatory course
182	185		required under Section 39.025(b-2), if applicable; or
183	186		[(B)] attendance in and successful completion of
184	187		a transitional college course in reading or mathematics;
185	188		(6) the student's school attendance rate;
186	189		(7) the student's satisfaction of any of the Texas
187	190		Success Initiative (TSI) college readiness benchmarks prescribed
188	191		by the Texas Higher Education Coordinating Board;
189	192		(8) the student's successful completion of a dual
190	193		credit course in English, mathematics, science, or social studies;
191	194		(9) the student's successful completion of a high
192	195		school pre-advanced placement, advanced placement, or
193	196		international baccalaureate program course in English,
194	197		mathematics, science, or social studies;
195	198		(10) the student's rating of advanced high on the most
196	199		recent high school administration of the Texas English Language
197	200		Proficiency Assessment System;
198	201		(11) the student's score of 50 or greater on a
199	202		College-Level Examination Program examination;
200	203		(12) the student's score on:
201	204		(A) the ACT or[,] the SAT, if not otherwise
202	205		considered under Subdivision (3); or
203	206		(B) the Armed Services Vocational Aptitude
204	207		Battery test;
205	208		(13) the student's completion of a sequence of courses
206	209		under a career and technical education program required to attain
207	210		an industry-recognized credential or certificate;
208	211		(14) the student's overall preparedness for
209	212		postsecondary success; and
210	213		(15) any other academic information designated for
211	214		consideration by the board of trustees of the school district.
212	215		(j) Notwithstanding any action taken by an individual
213	216		graduation committee under this section, a school district shall
214	217		administer an [end-of-course] assessment instrument required under
215	218		Section 39.023(c) to any student who fails to perform
216	219		satisfactorily on an [end-of-course] assessment instrument
217	220		required under Section 39.023(c) as provided by Section 39.025(b).
218	221		For purposes of Section 39.053(c)(1), an assessment instrument
219	222		administered as provided by this subsection is considered an
220	223		assessment instrument required for graduation retaken by a student.
221	224		(k) The commissioner shall adopt rules as necessary to
222	225		administer [implement] this section [not later than the 2015-2016
223	226		school year].
224	227		(m) For a student subject to Section 39.025(f-3)(1):
225	228		(1) for purposes of Subsection (a), this section
226	229		applies only to an 11th or 12th grade student who has failed to
227	230		comply with the end-of-course assessment instrument performance
228	231		requirements under Section 39.025, as that section existed before
229		-	amendment by H.B. ~~764~~, Acts of the 87th Legislature, Regular
	232	+	amendment by __.B. ___, Acts of the 87th Legislature, Regular
230	233		Session, 2021, for not more than two courses listed in Section
231		-	39.023(c), as that section existed before amendment by H.B. ~~764~~,
	234	+	39.023(c), as that section existed before amendment by _.B. ___,
232	235		Acts of the 87th Legislature, Regular Session, 2021;
233	236		(2) for purposes of the composition of an individual
234	237		graduation committee under Subsection (b)(2), the committee shall
235	238		include the teacher of the course for each end-of-course assessment
236	239		instrument described by Subdivision (1) for which the student
237	240		failed to perform satisfactorily;
238	241		(3) for purposes of Subsection (h)(1), an individual
239	242		graduation committee shall consider the recommendation of the
240	243		teacher described by Subdivision (2); and
241	244		(4) for purposes of Subsection (h)(2), an individual
242	245		graduation committee shall consider the student's grade in each
243	246		course described by Subdivision (2).
244	247		(n) Subsection (m) and this subsection expire September 1,
245	248		2025.
246	249		SECTION 9. Sections 29.081(b) and (b-1), Education Code,
247	250		are amended to read as follows:
248	251		(b) Each district shall provide accelerated instruction to
249	252		a student enrolled in the district who has taken an [end-of-course]
250	253		assessment instrument administered under Section 39.023(c) and has
251	254		not performed satisfactorily on the assessment instrument or who is
252	255		at risk of dropping out of school.
253	256		(b-1) Each school district shall offer before the next
254	257		scheduled administration of the assessment instrument, without
255	258		cost to the student, additional accelerated instruction to each
256	259		student in any subject in which the student failed to perform
257	260		satisfactorily on an [end-of-course] assessment instrument
258	261		required for graduation.
259	262		SECTION 10. Section 29.087(f), Education Code, is amended
260	263		to read as follows:
261	264		(f) A student participating in a program authorized by this
262	265		section, other than a student ordered to participate under
263	266		Subsection (d)(1), must have taken any [the] appropriate
264	267		[end-of-course] assessment instrument [instruments] specified by
265	268		Section 39.023(c) that is administered before the student enters
266	269		[entering] the program and must take any [each] appropriate
267	270		[end-of-course] assessment instrument that is administered during
268	271		the period in which the student is enrolled in the program. Except
269	272		for a student ordered to participate under Subsection (d)(1), a
270	273		student participating in the program may not take the high school
271	274		equivalency examination unless the student has taken the assessment
272	275		instruments required by this subsection.
273	276		SECTION 11. Section 29.402(b), Education Code, is amended
274	277		to read as follows:
275	278		(b) A person who is under 26 years of age is eligible to
276	279		enroll in a dropout recovery program under this subchapter if the
277	280		person:
278	281		(1) must complete not more than three course credits
279	282		to complete the curriculum requirements for the foundation high
280	283		school program for high school graduation; or
281	284		(2) has failed to perform satisfactorily on, as
282	285		applicable:
283	286		(A) an [end-of-course] assessment instrument
284	287		administered under Section 39.023(c);
285	288		(B) an assessment instrument administered under
286		-	Section 39.023(c) as that section existed before amendment by H.B.
287		-	~~764~~, Acts of the 87th Legislature, Regular Session, 2021; or
	289	+	Section 39.023(c) as that section existed before amendment by _.B.
	290	+	___, Acts of the 87th Legislature, Regular Session, 2021; or
288	291		(C) an assessment instrument administered under
289	292		Section 39.023(c) as that section existed before amendment by
290	293		Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
291	294		Session, 2007.
292	295		SECTION 12. Section 39.023(a), Education Code, as effective
293	296		until September 1, 2021, is amended to read as follows:
294	297		(a) The agency shall adopt or develop appropriate
295	298		criterion-referenced assessment instruments designed to assess
296	299		essential knowledge and skills in reading, [writing,] mathematics,
297	300		[social studies,] and science. Except as provided by Subsection
298	301		(a-2), all students, other than students assessed under Subsection
299	302		(b) or (l) or exempted under Section 39.027, shall be assessed in:
300	303		(1) mathematics, annually in grades three through
301	304		eight;
302	305		(2) reading, annually in grades three through eight;
303	306		and
304	307		(3) [writing, including spelling and grammar, in
305	308		grades four and seven;
306	309		[(4) social studies, in grade eight;
307	310		[(5)] science, in grades five and eight[; and
308	311		[(6) any other subject and grade required by federal
309	312		law].
310	313		SECTION 13. Section 39.023(a), Education Code, as effective
311	314		September 1, 2021, is amended to read as follows:
312	315		(a) The agency shall adopt or develop appropriate
313	316		criterion-referenced assessment instruments designed to assess
314	317		essential knowledge and skills in reading, mathematics, [social
315	318		studies,] and science. Except as provided by Subsection (a-2), all
316	319		students, other than students assessed under Subsection (b) or (l)
317	320		or exempted under Section 39.027, shall be assessed in:
318	321		(1) mathematics, annually in grades three through
319	322		eight;
320	323		(2) reading, annually in grades three through eight;
321	324		and
322	325		(3) [social studies, in grade eight;
323	326		[(4)] science, in grades five and eight[; and
324	327		[(5) any other subject and grade required by federal
325	328		law].
326	329		SECTION 14. Section 39.023, Education Code, is amended by
327	330		amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e),
328		-	(g), (h), (i), and (p) and adding Subsections (~~b-2), (b-3), (~~h-1),
329		-	~~and (q) to read~~ as follows:
	331	+	(g), (h), (i), and (p) and adding Subsections (h-1) and (q) to read
	332	+	as follows:
330	333		(a-2) Except as required by federal law, a student is not
331	334		required to be assessed in a subject otherwise assessed at the
332	335		student's grade level under Subsection (a) if the student[:
333	336		[(1)] is enrolled in a course in the subject intended
334	337		for students above the student's grade level and will be
335	338		administered an assessment instrument adopted or developed under
336	339		Subsection (a) that aligns with the curriculum for the course in
337	340		which the student is enrolled[; or
338	341		[(2) is enrolled in a course in the subject for which
339	342		the student will receive high school academic credit and will be
340	343		administered an end-of-course assessment instrument adopted under
341	344		Subsection (c) for the course].
342	345		(b-1) The agency, in conjunction with appropriate
343	346		interested persons, shall redevelop assessment instruments adopted
344	347		or developed under Subsection (b) for administration to
345	348		significantly cognitively disabled students in a manner consistent
346	349		with federal law. An assessment instrument under this subsection
347	350		may not require a teacher to prepare tasks or materials for a
348	351		student who will be administered such an assessment instrument. [A
349	352		classroom portfolio method used to assess writing performance may
350	353		require a teacher to prepare tasks and materials.]
351		-	(b-2) Notwithstanding Subsection (b), (b-1), or any other
352		-	law, and to the extent consistent with federal law, the parent of or
353		-	person standing in parental relation to a student with significant
354		-	cognitive disabilities may request that the student be exempted
355		-	from the administration of an alternative assessment instrument
356		-	adopted or developed under Subsection (b) or (b-1). If a parent or
357		-	person standing in parental relation makes a request for exemption
358		-	under this subsection, the student's admission, review, and
359		-	dismissal committee, in consultation with the parent or person
360		-	standing in parental relation, shall determine if the student
361		-	should be exempted from administration of the alternative
362		-	assessment instrument. If the student is exempted from
363		-	administration of the alternative assessment instrument under this
364		-	subsection, the student must be assessed in the applicable subject
365		-	using the alternative assessment method developed under Subsection
366		-	(b-3).
367		-	(b-3) The commissioner, in consultation with stakeholders,
368		-	including parents of and persons standing in parental relation to
369		-	students with significant cognitive disabilities, shall develop
370		-	for each applicable subject an alternative assessment method for
371		-	the assessment of students who receive an exemption from the
372		-	administration of an alternative assessment instrument under
373		-	Subsection (b-2). The criteria for the assessment method must
374		-	include progress on the goals identified in the student's
375		-	individualized education plan. The commissioner shall adopt rules
376		-	necessary to implement this subsection.
377	354		(c) The agency shall also provide for [adopt end-of-course]
378	355		assessment instruments for each federally required secondary-level
379	356		subject, including English language arts, mathematics, and
380	357		science. The commissioner shall identify a procedure for a school
381	358		district to select the SAT, the ACT, or any other nationally
382	359		recognized, norm-referenced secondary-level assessment instrument
383	360		designated by the commissioner for the assessment of students under
384	361		this subsection. Each school district shall select one or more
385	362		assessment instruments for purposes of this subsection. A school
386	363		district that selects more than one assessment instrument must
387	364		uniformly administer to students in the district the same
388	365		assessment instrument to satisfy the requirement for the same
389	366		subject [courses in Algebra I, biology, English I, English II, and
390	367		United States history. The Algebra I end-of-course assessment
391	368		instrument must be administered with the aid of technology, but may
392	369		include one or more parts that prohibit the use of technology]. An
393	370		[The English I and English II end-of-course] assessment instrument
394	371		designated under this subsection [instruments] must [each] assess
395	372		essential knowledge and skills in the appropriate subject [both
396	373		reading and writing and must provide a single score]. A school
397	374		district shall comply with State Board of Education rules regarding
398	375		administration of the assessment instruments under [listed in] this
399	376		subsection. If a student is in a special education program under
400	377		Subchapter A, Chapter 29, the student's admission, review, and
401	378		dismissal committee shall determine whether any allowable
402	379		modification is necessary in administering to the student an
403	380		assessment instrument required under this subsection. [The State
404	381		Board of Education shall administer the assessment instruments. An
405	382		end-of-course assessment instrument may be administered in
406	383		multiple parts over more than one day. The State Board of Education
407	384		shall adopt a schedule for the administration of end-of-course
408	385		assessment instruments that complies with the requirements of
409	386		Subsection (c-3).]
410	387		(c-3) In [Except as provided by Subsection (c-7), in]
411	388		adopting a schedule for the administration of assessment
412	389		instruments under this section, the State Board of Education shall
413	390		ensure that assessment instruments administered under Subsection
414	391		(a) or (c) are not administered on the first instructional day of a
415	392		week.
416	393		(c-5) A student's performance on an [end-of-course]
417	394		assessment instrument administered [required] under Subsection (c)
418	395		must be included in the student's academic achievement record.
419	396		(c-8) Beginning with the 2022-2023 school year, an
420	397		assessment instrument developed under Subsection (a) [or (c)] may
421	398		not present more than 75 percent of the questions in a multiple
422	399		choice format.
423	400		(e) Under rules adopted by the State Board of Education,
424	401		every third year, the agency shall release the questions and answer
425	402		keys to each assessment instrument administered under Subsection
426	403		(a), (b), [(c), (d),] or (l), excluding any assessment instrument
427	404		administered to a student for the purpose of retaking the
428	405		assessment instrument, after the last time the instrument is
429	406		administered for that school year. To ensure a valid bank of
430	407		questions for use each year, the agency is not required to release a
431	408		question that is being field-tested and was not used to compute the
432	409		student's score on the instrument. The agency shall also release,
433	410		under board rule, each question that is no longer being
434	411		field-tested and that was not used to compute a student's score.
435	412		[During the 2014-2015 and 2015-2016 school years, the agency shall
436	413		release the questions and answer keys to assessment instruments as
437	414		described by this subsection each year.]
438	415		(g) An [The State Board of Education may adopt one
439	416		appropriate, nationally recognized, norm-referenced] assessment
440	417		instrument administered under Subsection (c) [in reading and
441	418		mathematics to be administered to a selected sample of students in
442	419		the spring. If adopted, a norm-referenced assessment instrument]
443	420		must be a secured test. The commissioner shall contract with a
444	421		vendor to administer the assessment instrument, complete the
445	422		scoring of the assessment instrument, and distribute within a
446	423		reasonable period the results to the agency and the relevant
447	424		results to each school district. As soon as practicable after the
448	425		district receives the results from the vendor under this
449	426		subsection, the district shall:
450	427		(1) distribute the relevant results to each district
451	428		campus; and
452	429		(2) provide written notice to the student and the
453	430		person standing in parental relation to the student that states the
454	431		student's results and whether the student performed satisfactorily
455	432		on the assessment instrument [The state may pay the costs of
456	433		purchasing and scoring the adopted assessment instrument and of
457	434		distributing the results of the adopted instrument to the school
458	435		districts. A district that administers the norm-referenced test
459	436		adopted under this subsection shall report the results to the
460	437		agency in a manner prescribed by the commissioner].
461	438		(h) Except as provided by Subsection (g), the [The] agency
462	439		shall notify school districts and campuses of the results of
463	440		assessment instruments administered under this section not later
464	441		than the 21st day after the date the assessment instrument is
465	442		administered.
466	443		(h-1) A [The] school district shall disclose to each
467	444		district teacher the results of assessment instruments
468	445		administered to students taught by the teacher in the subject for
469	446		the school year in which the assessment instrument is administered.
470	447		(i) The provisions of this section[, except Subsection
471	448		(d),] are subject to modification by rules adopted under Section
472	449		39.022. Each assessment instrument adopted or designated under
473	450		those rules [and each assessment instrument required under
474	451		Subsection (d)] must be reliable and valid and must meet any
475	452		applicable federal requirements for measurement of student
476	453		progress.
477	454		(p) On or before September 1 of each year, the commissioner
478	455		shall make the following information available on the agency's
479	456		Internet website for each assessment instrument administered under
480	457		Subsection (a)[, (c),] or (l):
481	458		(1) the number of questions on the assessment
482	459		instrument;
483	460		(2) the number of questions that must be answered
484	461		correctly to achieve satisfactory performance as determined by the
485	462		commissioner under Section 39.0241(a);
486	463		(3) the number of questions that must be answered
487	464		correctly to achieve satisfactory performance under the college
488	465		readiness performance standard as provided by Section 39.0241; and
489	466		(4) the corresponding scale scores.
490	467		(q) Notwithstanding any provision of this section or other
491	468		law, if changes made to the Every Student Succeeds Act (20 U.S.C.
492	469		Section 6301 et seq.) reduce the number or frequency of assessment
493	470		instruments required to be administered to students, the State
494	471		Board of Education shall adopt rules reducing the number or
495	472		frequency of assessment instruments administered to students under
496	473		state law, and the commissioner shall ensure that students are not
497	474		assessed in subject areas or in grades that are no longer required
498	475		to meet the minimum requirements of that Act.
499	476		SECTION 15. The heading to Section 39.0232, Education Code,
500	477		is amended to read as follows:
501	478		Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
502	479		AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
503	480		SECTION 16. Sections 39.0232(a), (b), and (c), Education
504	481		Code, are amended to read as follows:
505	482		(a) To the extent practicable, the agency shall ensure that
506	483		any high school [end-of-course] assessment instrument designated
507	484		under Section 39.023(c) [developed by the agency is developed in
508	485		such a manner that the assessment instrument] may be used to
509	486		determine the appropriate placement of a student in a course of the
510	487		same subject matter at an institution of higher education.
511	488		(b) A student's performance on an [end-of-course]
512	489		assessment instrument administered under Section 39.023(c) may not
513	490		be used:
514	491		(1) in determining the student's class ranking for any
515	492		purpose, including entitlement to automatic college admission
516	493		under Section 51.803 or 51.804; or
517	494		(2) as a sole criterion in the determination of
518	495		whether to admit the student to a general academic teaching
519	496		institution in this state.
520	497		(c) Subsection (b)(2) does not prohibit a general academic
521	498		teaching institution from implementing an admission policy that
522	499		takes into consideration a student's performance on an
523	500		[end-of-course] assessment instrument administered under Section
524	501		39.023(c) in addition to other criteria.
525	502		SECTION 17. Section 39.0234, Education Code, is amended to
526	503		read as follows:
527	504		Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
528	505		INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]
529	506		agency shall ensure that assessment instruments required under
530	507		Section 39.023 are capable of being administered electronically.
531	508		(b) Subsection (a) does not apply to a nationally
532	509		recognized, norm-referenced assessment instrument under Section
533	510		39.023(c).
534	511		SECTION 18. Section 39.0241, Education Code, is amended by
535	512		amending Subsection (a-1) and adding Subsection (a-2) to read as
536	513		follows:
537	514		(a-1) The commissioner of education, in collaboration with
538	515		the commissioner of higher education, shall determine the level of
539	516		performance necessary to indicate college readiness[, as defined by
540	517		Section 39.024(a)].
541	518		(a-2) In this section, "college readiness" means the level
542	519		of preparation a student must attain in English language arts and
543	520		mathematics courses to enroll and succeed, without remediation, in
544	521		an entry-level general education course for credit in that same
545	522		content area for a baccalaureate degree or associate degree program
546	523		at:
547	524		(1) a general academic teaching institution, as
548	525		defined by Section 61.003, other than a research institution, as
549	526		categorized under the Texas Higher Education Coordinating Board's
550	527		accountability system; or
551	528		(2) a postsecondary educational institution that
552	529		primarily offers associate degrees or certificates or credentials
553	530		other than baccalaureate or advanced degrees.
554	531		SECTION 19. Subchapter B, Chapter 39, Education Code, is
555		-	amended by adding ~~Sections~~ 39.02342 ~~and 39.0239~~ to read as follows:
	532	+	amended by adding Section 39.02342 to read as follows:
556	533		Sec. 39.02342. ALTERNATIVE ADAPTIVE ASSESSMENT
557	534		INSTRUMENTS. (a) Notwithstanding any other law, the agency shall
558	535		adopt alternative adaptive assessment instruments in accordance
559	536		with this section that a school district may administer in lieu of
560	537		an assessment instrument adopted under Section 39.023 to satisfy
561	538		state or federal law requirements concerning the administration of
562	539		that assessment instrument.
563	540		(b) An alternative adaptive assessment instrument adopted
564	541		under this section must:
565	542		(1) effectively measure each student's academic
566	543		progress over time, without regard to the student's age, grade
567	544		level, or academic performance;
568	545		(2) evidence high content or concurrent validity;
569	546		(3) have been the subject of a study used to determine
570	547		the typical performance of a student conducted not more than 10
571	548		years before the adoption of the assessment instrument;
572	549		(4) use an adaptive difficulty level that is adjusted
573	550		based on a student's knowledge and ability as demonstrated by the
574	551		student's performance on the assessment instrument;
575	552		(5) take no longer than 90 minutes to administer; and
576	553		(6) provide immediate information and real-time
577	554		reporting on student progress without requiring any additional data
578	555		or syncing or uploading by a teacher or administrator.
579	556		(c) The agency may adopt an alternative adaptive assessment
580	557		instrument submitted to the agency by a school district if the
581	558		assessment instrument complies with the requirements of Subsection
582	559		(b) and serves as an adequate measure of grade level achievement.
583	560		(d) A school district shall administer an alternative
584	561		adaptive assessment instrument adopted under this section
585	562		electronically.
586	563		(e) The agency shall:
587	564		(1) determine for each assessment instrument adopted
588	565		by the agency under this section the level of performance
589	566		considered to be satisfactory; and
590	567		(2) develop a method to compile a student's score on
591	568		each alternative adaptive assessment administered to the student
592	569		during a school year into a single summative score for each subject
593	570		area assessed.
594	571		(f) A school district shall submit in the manner and form
595	572		prescribed by the agency the results of an alternative adaptive
596	573		assessment instrument administered under this section to the agency
597	574		not later than three days after the administration of the
598	575		assessment instrument.
599	576		(g) The agency shall provide reimbursement to a school
600	577		district for all costs associated with the administration of an
601	578		alternative adaptive assessment instrument under this section.
602	579		(h) The State Board of Education shall annually review each
603	580		alternative adaptive assessment instrument adopted by the agency
604	581		under this section to ensure that the instrument is relevant,
605	582		valid, and reliable.
606	583		(i) The agency may contract for services to develop or
607	584		administer alternative adaptive assessment instruments that comply
608	585		with the requirements of Subsection (b).
609	586		(j) The commissioner shall adopt rules necessary to
610	587		implement this section, including a rule providing the number and
611	588		schedule of administrations of alternative adaptive assessment
612	589		instruments under this section and requiring the administration of
613	590		one alternative adaptive assessment instrument:
614	591		(1) at the beginning of each school year;
615	592		(2) at the end of each school year; and
616	593		(3) during each school year, between the
617	594		administrations under Subdivisions (1) and (2).
618	595		(k) Unless it conflicts with this section, a reference in
619	596		law to an assessment instrument adopted under Section 39.023
620	597		includes an alternative adaptive assessment instrument adopted by
621	598		the agency or administered by a school district in accordance with
622	599		this section.
623		-	Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
624		-	TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
625		-	DISASTER. (a) If, during a school year, a statewide disaster
626		-	declared by the president of the United States under the Robert T.
627		-	Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
628		-	Section 5121 et seq.) or by the governor under Chapter 418,
629		-	Government Code, significantly disrupts school district
630		-	operations, including in-person attendance, in a majority of school
631		-	districts in this state, the commissioner shall apply to the United
632		-	States Department of Education for a waiver of the requirement
633		-	under the Every Student Succeeds Act (20 U.S.C. Section 6301 et
634		-	seq.) to administer assessment instruments during that school year.
635		-	(b) If the United States Department of Education fails to
636		-	grant a waiver requested under Subsection (a), the assessment
637		-	instruments shall be administered as required under Section 39.023
638		-	during the applicable school year, but, notwithstanding any other
639		-	law, the commissioner may not consider the results of the
640		-	assessment instruments for purposes of:
641		-	(1) evaluating school district or campus performance
642		-	under this chapter for the applicable school year, including in
643		-	determining:
644		-	(A) the performance rating to assign to each
645		-	district or campus under Section 39.054; or
646		-	(B) whether to impose any intervention or
647		-	sanction authorized by Chapter 39A after the applicable school year
648		-	on each district or campus; or
649		-	(2) determining a student's qualification for
650		-	promotion or graduation.
651	600		SECTION 20. Section 39.025, Education Code, is amended by
652	601		amending Subsections (a), (a-4), (b), and (b-1) and adding
653	602		Subsection (f-3) to read as follows:
654	603		(a) The commissioner shall adopt rules requiring a student
655	604		in the foundation high school program under Section 28.025 to be
656	605		administered each [an end-of-course] assessment instrument
657	606		selected under [listed in] Section 39.023(c) by the school district
658	607		[only for a course] in which the student is enrolled [and for which
659		-	an end-of-course assessment instrument is administered]. Each
660		-	student's performance on an assessment instrument selected under
661		-	Section 39.023(c) shall be evaluated to determine whether the [A]
662		-	student achieved [is required to achieve] a scale score that
663		-	indicates satisfactory performance, as determined by the
664		-	commissioner under Section 39.0241(a)[, on each end-of-course
665		-	assessment instrument administered to the student]. The results of
666		-	the administration of an assessment instrument administered under
667		-	Section 39.023(c) may not be used as criteria for graduation. The
668		-	results may be used only for the purpose of diagnosing the academic
669		-	strengths and deficiencies of a student and guiding specific
670		-	instruction to the student. [For each scale score required under
	608	+	an end-of-course assessment instrument is administered]. A student
	609	+	is required to achieve a scale score that indicates satisfactory
	610	+	performance, as determined by the commissioner under Section
	611	+	39.0241(a), on each [end-of-course] assessment instrument
	612	+	administered to the student. For each scale score required under
671	613		this subsection that is not based on a 100-point scale scoring
672	614		system, the commissioner shall provide for conversion, in
673	615		accordance with commissioner rule, of the scale score to an
674	616		equivalent score based on a 100-point scale scoring system. A
675	617		student may not receive a high school diploma until the student has
676		-	performed satisfactorily on end-of-course assessment instruments
677		-	in the manner provided under this subsection.] This subsection does
678		-	not require a student to demonstrate readiness to enroll in an
679		-	institution of higher education.
	618	+	performed satisfactorily on each [end-of-course] assessment
	619	+	instrument [instruments] in the manner provided under this
	620	+	subsection. This subsection does not require a student to
	621	+	demonstrate readiness to enroll in an institution of higher
	622	+	education.
680	623		(a-4) The admission, review, and dismissal committee of a
681	624		student in a special education program under Subchapter A, Chapter
682	625		29, shall determine whether, to receive a high school diploma, the
683	626		student is required to achieve satisfactory performance on
684	627		[end-of-course] assessment instruments administered under Section
685	628		39.023(c).
686	629		(b) Each time an [end-of-course] assessment instrument
687	630		[adopted] under Section 39.023(c) is administered, a student who
688	631		failed to achieve a score requirement under Subsection (a) may
689	632		retake the assessment instrument. [A student is not required to
690	633		retake a course as a condition of retaking an end-of-course
691	634		assessment instrument.]
692	635		(b-1) A school district shall provide each student who fails
693	636		to perform satisfactorily as determined by the commissioner under
694	637		Section 39.0241(a) on an [end-of-course] assessment instrument
695	638		administered under Section 39.023(c) with accelerated instruction
696	639		[in the subject assessed by the assessment instrument].
697	640		(f-3) The commissioner shall by rule adopt a transition plan
698		-	to implement the amendments made by H.B. ~~764~~, Acts of the 87th
	641	+	to implement the amendments made by __.B. ____, Acts of the 87th
699	642		Legislature, Regular Session, 2021, replacing end-of-course
700	643		assessment instruments with one or more assessment instruments
701	644		selected by a school district under Section 39.023(c). The rules
702	645		must provide for each assessment instrument selected by a school
703	646		district under Section 39.023(c) to be administered beginning with
704	647		students enrolled in the ninth grade for the first time during the
705	648		2021-2022 school year. During the period under which the
706	649		transition from end-of-course assessment instruments is made:
707	650		(1) for students entering a grade above the ninth
708	651		grade during the 2021-2022 school year or students repeating ninth
709	652		grade during the 2021-2022 school year, the commissioner shall
710	653		retain, administer, and use for purposes of accreditation and other
711	654		campus and district accountability measures under this chapter the
712	655		end-of-course assessment instruments required by Section
713		-	39.023(c), as that section existed before amendment by H.B. ~~764~~,
	656	+	39.023(c), as that section existed before amendment by __.B. ____,
714	657		Acts of the 87th Legislature, Regular Session, 2021; and
715	658		(2) a student subject to Subdivision (1) may not
716	659		receive a high school diploma unless the student has performed
717	660		satisfactorily on:
718	661		(A) each required end-of-course assessment
719	662		instrument administered under Section 39.023(c), as that section
720		-	existed before amendment by H.B. ~~764~~, Acts of the 87th ~~Legislature,~~
721		-	Regular Session, 2021; or
	663	+	existed before amendment by __.B. ____, Acts of the 87th
	664	+	Legislature, Regular Session, 2021; or
722	665		(B) each assessment instrument selected under
723	666		Section 39.023(c) by the district in which the student is enrolled.
724	667		SECTION 21. Section 39.034(d), Education Code, is amended
725	668		to read as follows:
726	669		(d) The agency shall determine the necessary annual
727	670		improvement required each year for a student to be prepared to
728	671		perform satisfactorily on, as applicable:
729	672		(1) the grade five assessment instruments;
730	673		(2) the grade eight assessment instruments; and
731	674		(3) the [end-of-course] assessment instruments
732	675		required under this subchapter for graduation.
733	676		SECTION 22. Section 39.035(a), Education Code, is amended
734	677		to read as follows:
735	678		(a) Subject to Subsection (b), the agency may conduct field
736	679		testing of questions for any assessment instrument administered
737	680		under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
738	681		from the administration of the assessment instrument not more
739	682		frequently than every other school year.
740		-	SECTION 23. Subchapter C, Chapter 39, Education Code, is
741		-	amended by adding Section 39.0547 to read as follows:
742		-	Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
743		-	In this section, "specialized support campus" means a school
744		-	district campus that:
745		-	(1) has a campus identification number;
746		-	(2) serves students enrolled in any grade level at
747		-	which state assessment instruments are administered; and
748		-	(3) has a student enrollment in which:
749		-	(A) at least 90 percent of students receive
750		-	special education services under Subchapter A, Chapter 29; and
751		-	(B) a significant percentage of the students
752		-	required to take an assessment instrument under Section 39.023:
753		-	(i) take an alternative assessment
754		-	instrument under Section 39.023(b) or (b-1); and
755		-	(ii) are unable to provide an authentic
756		-	academic response on that assessment instrument.
757		-	(b) The commissioner, in consultation with administrators
758		-	of specialized support campuses, teachers at specialized support
759		-	campuses, parents and guardians of students enrolled at specialized
760		-	support campuses, and other stakeholders, by rule shall establish
761		-	appropriate accountability guidelines under this chapter for use by
762		-	a specialized support campus in developing an alternative
763		-	accountability plan under Subsection (c) based on the specific
764		-	student population served by the campus. The commissioner shall
765		-	provide for public notice and comment in adopting rules under this
766		-	subsection.
767		-	(c) A specialized support campus may develop and submit to
768		-	the commissioner for approval an alternative accountability plan
769		-	tailored to the student population served by the campus, based on
770		-	the guidelines established under Subsection (b). The commissioner
771		-	may approve the alternative accountability plan only if the plan:
772		-	(1) follows the guidelines established under
773		-	Subsection (b); and
774		-	(2) complies with applicable federal law.
775		-	(d) Notwithstanding any other provision of this code, if the
776		-	commissioner approves an alternative accountability plan developed
777		-	by a specialized support campus under Subsection (c), the
778		-	commissioner shall determine, report, and consider the performance
779		-	of students enrolled at the campus using that plan.
780		-	(e) Not later than December 1, 2024, the commissioner shall
781		-	submit to the governor, the lieutenant governor, the speaker of the
782		-	house of representatives, and the standing legislative committees
783		-	with primary jurisdiction over public education a report on the
784		-	effectiveness of this section in evaluating specialized support
785		-	campuses and any recommendations for legislative or other action.
786		-	(f) This section expires September 1, 2025.
787		-	SECTION 24. Section 39.203(c), Education Code, is amended
	683	+	SECTION 23. Section 39.203(c), Education Code, is amended
788	684		to read as follows:
789	685		(c) In addition to the distinction designations described
790	686		by Subsections (a) and (b), a campus that satisfies the criteria
791	687		developed under Section 39.204 shall be awarded a distinction
792	688		designation by the commissioner for outstanding performance in
793	689		academic achievement in English language arts, mathematics, or
794	690		science[, or social studies].
795		-	SECTION 25. Section 51.338(c), Education Code, is amended
	691	+	SECTION 24. Section 51.338(c), Education Code, is amended
796	692		to read as follows:
797	693		(c) A student who has achieved scores set by the board on the
798	694		questions developed for end-of-course assessment instruments under
799	695		Section 39.0233(a), as that section existed before repeal by
800		-	H.B. ~~764~~, Acts of the 87th Legislature, Regular Session, 2021, is
	696	+	__.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is
801	697		exempt from the requirements of this subchapter. The exemption is
802	698		effective for the three-year period following the date a student
803	699		takes the last assessment instrument for purposes of this
804	700		subchapter and achieves the standard set by the board. This
805	701		subsection does not apply during any period for which the board
806	702		designates the questions developed for end-of-course assessment
807	703		instruments under Section 39.0233(a), as that section existed
808		-	before repeal by H.B. ~~764~~, Acts of the 87th Legislature, Regular
	704	+	before repeal by _.B. ____, Acts of the 87th Legislature, Regular
809	705		Session, 2021, as the primary assessment instrument under this
810	706		subchapter, except that the three-year period described by this
811	707		subsection remains in effect for students who qualify for an
812	708		exemption under this subsection before that period.
813		-	SECTION 26. The following provisions of the Education Code
	709	+	SECTION 25. The following provisions of the Education Code
814	710		are repealed:
815	711		(1) Sections 39.023(a-15), (c-2), (c-4), (c-6), and
816	712		(d);
817	713		(2) Section 39.023(c-7), as added by Chapter 1282
818	714		(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
819	715		(3) Section 39.023(c-7), as added by Chapter 1315
820	716		(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;
821	717		(4) Section 39.0233;
822	718		(5) Section 39.024;
823	719		(6) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
824	720		(e-1);
825	721		(7) Section 39.053(d-1); and
826	722		(8) Section 39.203(d).
827		-	SECTION 27. As soon as practicable after the effective date
	723	+	SECTION 26. As soon as practicable after the effective date
828	724		of this Act, the Texas Education Agency shall adopt alternative
829	725		adaptive assessment instruments as required by Section 39.02342,
830	726		Education Code, as added by this Act.
831		-	SECTION 28. As soon as practicable after the effective date
	727	+	SECTION 27. As soon as practicable after the effective date
832	728		of this Act, each school district shall provide notice to an eighth
833	729		grade student under Section 39.025(g), Education Code, informing
834	730		the student of the specific requirements applicable to the student
835	731		under Sections 39.023(c) and 39.025(a), Education Code, as amended
836	732		by this Act.
837		-	SECTION 29. (a) Except as provided by Subsection (b), this
	733	+	SECTION 28. (a) Except as provided by Subsection (b), this
838	734		Act applies beginning with the 2021-2022 school year.
839	735		(b) Section 39.02342, Education Code, as added by this Act,
840	736		applies beginning with the 2022-2023 school year.
841		-	SECTION 30. Not later than January 1, 2022, the Texas
842		-	Education Agency shall apply to the United States Department of
843		-	Education for a waiver of the annual alternate assessment of
844		-	students with significant cognitive disabilities required under
845		-	the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
846		-	the Individuals with Disabilities Education Act (20 U.S.C. Section
847		-	1400 et seq.).
848		-	SECTION 31. As soon as practicable after the effective date
849		-	of this Act, the commissioner of education shall apply to the United
850		-	States Department of Education for a statewide waiver of the annual
851		-	assessment of students required under the Every Student Succeeds
852		-	Act (20 U.S.C. Section 6301 et seq.) for the 2020-2021 school year.
853		-	SECTION 32. To the extent of any conflict, this Act prevails
	737	+	SECTION 29. To the extent of any conflict, this Act prevails
854	738		over another Act of the 87th Legislature, Regular Session, 2021,
855	739		relating to nonsubstantive additions to and corrections in enacted
856	740		codes.
857		-	SECTION 33. This Act takes effect immediately if it
	741	+	SECTION 30. This Act takes effect immediately if it
858	742		receives a vote of two-thirds of all the members elected to each
859	743		house, as provided by Section 39, Article III, Texas Constitution.
860	744		If this Act does not receive the vote necessary for immediate
861	745		effect, this Act takes effect September 1, 2021.