By: Krause, Landgraf, Burns, Slawson, et al. H.B. No. 764
A BILL TO BE ENTITLED
AN ACT
relating to the academic assessment of public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.006(b), Education Code, is amended to
read as follows:
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of:
(1) student performance on the [end-of-course]
assessment instruments administered under [required by] Section
39.023(c); and
(2) dropout rates, including dropout rates and diploma
program completion rates for the grade levels served by the diploma
program.
SECTION 2. Section 25.005(b), Education Code, is amended to
read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records;
(B) awarding credit for completed course work;
and
(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable [end-of-course or other exit-level] assessment
instruments administered in another state; and
(2) include appropriate criteria developed by the
agency.
SECTION 3. Section 28.014(a), Education Code, is amended to
read as follows:
(a) Each school district shall partner with at least one
institution of higher education to develop and provide courses in
college preparatory mathematics and English language arts. The
courses must be designed:
(1) for students at the 12th grade level whose
performance on:
(A) an [end-of-course] assessment instrument
administered [required] under Section 39.023(c) does not meet
college readiness standards; or
(B) coursework, a college entrance examination,
or an assessment instrument designated under Section 51.334
indicates that the student is not ready to perform entry-level
college coursework; and
(2) to prepare students for success in entry-level
college courses.
SECTION 4. Section 28.0211(o), Education Code, is amended
to read as follows:
(o) This section does not require the administration of
a fifth [or eighth] grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth [or eighth]
grade[, as applicable,] if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Section 39.023(a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Section 39.023(c) for the course].
SECTION 5. Section 28.023(c), Education Code, is amended to
read as follows:
(c) A school district shall give a student in grade level
six or above credit for a subject on the basis of an examination for
credit in the subject approved by the board of trustees under
Subsection (a) if the student scores in the 80th percentile or above
on the examination or if the student achieves a score as provided by
Subsection (c-1). If a student is given credit in a subject on the
basis of an examination, the district shall enter the examination
score on the student's transcript [and the student is not required
to take an end-of-course assessment instrument adopted under
Section 39.023(c) for that subject].
SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,
are amended to read as follows:
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) in an applied manner. Courses
delivered in an applied manner must cover the essential knowledge
and skills[, and the student shall be administered the applicable
end-of-course assessment instrument as provided by Sections
39.023(c) and 39.025].
(c-8) For purposes of Subsection (c-7), the admission,
review, and dismissal committee of a student in a special education
program under Subchapter A, Chapter 29, shall determine whether the
student is required to achieve satisfactory performance on an
[end-of-course] assessment instrument administered under Section
39.023(c) to earn an endorsement on the student's transcript.
SECTION 7. Section 28.0255, Education Code, is amended by
amending Subsections (g) and (h) and adding Subsection (g-1) to
read as follows:
(g) A student entering the ninth grade for the first time
beginning with the 2021-2022 school year is entitled to a high
school diploma if the student:
(1) successfully complies with the curriculum
requirements specified under Subsection (e); and
(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on each [end-of-course]
assessment instrument selected [instruments listed] under Section
39.023(c) by the school district [for courses] in which the student
is [was] enrolled.
(g-1) A student other than a student described by Subsection
(g) is entitled to a high school diploma if the student:
(1) successfully complies with the curriculum
requirements specified under Subsection (e); and
(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on:
(A) each assessment instrument selected under
Section 39.023(c) by the school district in which the student is
enrolled; or
(B) assessment instruments listed under Section
39.023(c), as that section existed before amendment by H.B. 764,
Acts of the 87th Legislature, Regular Session, 2021, for courses in
which the student was enrolled.
(h) For purposes of Subsections [Subsection] (g)(2) and
(g-1)(2), the commissioner shall determine the level of
satisfactory performance on applicable [end-of-course] assessment
instruments administered to a student.
SECTION 8. Section 28.0258, Education Code, is amended by
amending Subsections (a), (b), (f), (h), (j), and (k) and adding
Subsections (m) and (n) to read as follows:
(a) This section applies only to an 11th or 12th grade
student who has failed to comply with the [end-of-course]
assessment instrument performance requirements under Section
39.025 for not more than two subjects identified under Section
39.023(c) [courses].
(b) For each student to whom this section applies, the
school district that the student attends shall establish an
individual graduation committee at the end of or after the
student's 11th grade year to determine whether the student may
qualify to graduate as provided by this section. A student may not
qualify to graduate under this section before the student's 12th
grade year. The committee shall be composed of:
(1) the principal or principal's designee;
(2) for each subject identified under Section
39.023(c) for [end-of-course assessment instrument on] which the
student failed to perform satisfactorily on the appropriate
corresponding required assessment instrument, a [the] teacher of
the student in that subject, designated by the principal [course];
(3) the department chair or lead teacher supervising
the teacher described by Subdivision (2); and
(4) as applicable:
(A) the student's parent or person standing in
parental relation to the student;
(B) a designated advocate described by
Subsection (c) if the person described by Paragraph (A) is unable to
serve; or
(C) the student, at the student's option, if the
student is at least 18 years of age or is an emancipated minor.
(f) Notwithstanding any other law, a student's individual
graduation committee established under this section shall
recommend additional requirements by which the student may qualify
to graduate, including:
(1) additional remediation; and
(2) for each [end-of-course] assessment instrument
required under Section 39.023(c) on which the student failed to
perform satisfactorily:
(A) the completion of a project related to the
subject area [of the course] that demonstrates proficiency in the
subject area; or
(B) the preparation of a portfolio of work
samples in the subject area [of the course], including work samples
[from the course] that demonstrate proficiency in the subject area.
(h) In determining whether a student for whom an individual
graduation committee is established is qualified to graduate, the
committee shall consider:
(1) the recommendation of the student's teacher in
each course of the subject for which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument;
(2) the student's grade in each course of the subject
for which the student failed to perform satisfactorily on an
[end-of-course] assessment instrument;
(3) the student's score on each [end-of-course]
assessment instrument required under Section 39.023(c) on which the
student failed to perform satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (f);
(5) the number of hours of remediation that the
student has attended, including[:
[(A) attendance in a college preparatory course
required under Section 39.025(b-2), if applicable; or
[(B)] attendance in and successful completion of
a transitional college course in reading or mathematics;
(6) the student's school attendance rate;
(7) the student's satisfaction of any of the Texas
Success Initiative (TSI) college readiness benchmarks prescribed
by the Texas Higher Education Coordinating Board;
(8) the student's successful completion of a dual
credit course in English, mathematics, science, or social studies;
(9) the student's successful completion of a high
school pre-advanced placement, advanced placement, or
international baccalaureate program course in English,
mathematics, science, or social studies;
(10) the student's rating of advanced high on the most
recent high school administration of the Texas English Language
Proficiency Assessment System;
(11) the student's score of 50 or greater on a
College-Level Examination Program examination;
(12) the student's score on:
(A) the ACT or[,] the SAT, if not otherwise
considered under Subdivision (3); or
(B) the Armed Services Vocational Aptitude
Battery test;
(13) the student's completion of a sequence of courses
under a career and technical education program required to attain
an industry-recognized credential or certificate;
(14) the student's overall preparedness for
postsecondary success; and
(15) any other academic information designated for
consideration by the board of trustees of the school district.
(j) Notwithstanding any action taken by an individual
graduation committee under this section, a school district shall
administer an [end-of-course] assessment instrument required under
Section 39.023(c) to any student who fails to perform
satisfactorily on an [end-of-course] assessment instrument
required under Section 39.023(c) as provided by Section 39.025(b).
For purposes of Section 39.053(c)(1), an assessment instrument
administered as provided by this subsection is considered an
assessment instrument required for graduation retaken by a student.
(k) The commissioner shall adopt rules as necessary to
administer [implement] this section [not later than the 2015-2016
school year].
(m) For a student subject to Section 39.025(f-3)(1):
(1) for purposes of Subsection (a), this section
applies only to an 11th or 12th grade student who has failed to
comply with the end-of-course assessment instrument performance
requirements under Section 39.025, as that section existed before
amendment by H.B. 764, Acts of the 87th Legislature, Regular
Session, 2021, for not more than two courses listed in Section
39.023(c), as that section existed before amendment by H.B. 764,
Acts of the 87th Legislature, Regular Session, 2021;
(2) for purposes of the composition of an individual
graduation committee under Subsection (b)(2), the committee shall
include the teacher of the course for each end-of-course assessment
instrument described by Subdivision (1) for which the student
failed to perform satisfactorily;
(3) for purposes of Subsection (h)(1), an individual
graduation committee shall consider the recommendation of the
teacher described by Subdivision (2); and
(4) for purposes of Subsection (h)(2), an individual
graduation committee shall consider the student's grade in each
course described by Subdivision (2).
(n) Subsection (m) and this subsection expire September 1,
2025.
SECTION 9. Sections 29.081(b) and (b-1), Education Code,
are amended to read as follows:
(b) Each district shall provide accelerated instruction to
a student enrolled in the district who has taken an [end-of-course]
assessment instrument administered under Section 39.023(c) and has
not performed satisfactorily on the assessment instrument or who is
at risk of dropping out of school.
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an [end-of-course] assessment instrument
required for graduation.
SECTION 10. Section 29.087(f), Education Code, is amended
to read as follows:
(f) A student participating in a program authorized by this
section, other than a student ordered to participate under
Subsection (d)(1), must have taken any [the] appropriate
[end-of-course] assessment instrument [instruments] specified by
Section 39.023(c) that is administered before the student enters
[entering] the program and must take any [each] appropriate
[end-of-course] assessment instrument that is administered during
the period in which the student is enrolled in the program. Except
for a student ordered to participate under Subsection (d)(1), a
student participating in the program may not take the high school
equivalency examination unless the student has taken the assessment
instruments required by this subsection.
SECTION 11. Section 29.402(b), Education Code, is amended
to read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person:
(1) must complete not more than three course credits
to complete the curriculum requirements for the foundation high
school program for high school graduation; or
(2) has failed to perform satisfactorily on, as
applicable:
(A) an [end-of-course] assessment instrument
administered under Section 39.023(c);
(B) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by H.B.
764, Acts of the 87th Legislature, Regular Session, 2021; or
(C) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by
Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
Session, 2007.
SECTION 12. Section 39.023(a), Education Code, as effective
until September 1, 2021, is amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, [writing,] mathematics,
[social studies,] and science. Except as provided by Subsection
(a-2), all students, other than students assessed under Subsection
(b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
and
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4) social studies, in grade eight;
[(5)] science, in grades five and eight[; and
[(6) any other subject and grade required by federal
law].
SECTION 13. Section 39.023(a), Education Code, as effective
September 1, 2021, is amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, mathematics, [social
studies,] and science. Except as provided by Subsection (a-2), all
students, other than students assessed under Subsection (b) or (l)
or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
and
(3) [social studies, in grade eight;
[(4)] science, in grades five and eight[; and
[(5) any other subject and grade required by federal
law].
SECTION 14. Section 39.023, Education Code, is amended by
amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e),
(g), (h), (i), and (p) and adding Subsections (b-2), (b-3), (h-1),
and (q) to read as follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student[:
[(1)] is enrolled in a course in the subject intended
for students above the student's grade level and will be
administered an assessment instrument adopted or developed under
Subsection (a) that aligns with the curriculum for the course in
which the student is enrolled[; or
[(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course].
(b-1) The agency, in conjunction with appropriate
interested persons, shall redevelop assessment instruments adopted
or developed under Subsection (b) for administration to
significantly cognitively disabled students in a manner consistent
with federal law. An assessment instrument under this subsection
may not require a teacher to prepare tasks or materials for a
student who will be administered such an assessment instrument. [A
classroom portfolio method used to assess writing performance may
require a teacher to prepare tasks and materials.]
(b-2) Notwithstanding Subsection (b), (b-1), or any other
law, and to the extent consistent with federal law, the parent of or
person standing in parental relation to a student with significant
cognitive disabilities may request that the student be exempted
from the administration of an alternative assessment instrument
adopted or developed under Subsection (b) or (b-1). If a parent or
person standing in parental relation makes a request for exemption
under this subsection, the student's admission, review, and
dismissal committee, in consultation with the parent or person
standing in parental relation, shall determine if the student
should be exempted from administration of the alternative
assessment instrument. If the student is exempted from
administration of the alternative assessment instrument under this
subsection, the student must be assessed in the applicable subject
using the alternative assessment method developed under Subsection
(b-3).
(b-3) The commissioner, in consultation with stakeholders,
including parents of and persons standing in parental relation to
students with significant cognitive disabilities, shall develop
for each applicable subject an alternative assessment method for
the assessment of students who receive an exemption from the
administration of an alternative assessment instrument under
Subsection (b-2). The criteria for the assessment method must
include progress on the goals identified in the student's
individualized education plan. The commissioner shall adopt rules
necessary to implement this subsection.
(c) The agency shall also provide for [adopt end-of-course]
assessment instruments for each federally required secondary-level
subject, including English language arts, mathematics, and
science. The commissioner shall identify a procedure for a school
district to select the SAT, the ACT, or any other nationally
recognized, norm-referenced secondary-level assessment instrument
designated by the commissioner for the assessment of students under
this subsection. Each school district shall select one or more
assessment instruments for purposes of this subsection. A school
district that selects more than one assessment instrument must
uniformly administer to students in the district the same
assessment instrument to satisfy the requirement for the same
subject [courses in Algebra I, biology, English I, English II, and
United States history. The Algebra I end-of-course assessment
instrument must be administered with the aid of technology, but may
include one or more parts that prohibit the use of technology]. An
[The English I and English II end-of-course] assessment instrument
designated under this subsection [instruments] must [each] assess
essential knowledge and skills in the appropriate subject [both
reading and writing and must provide a single score]. A school
district shall comply with State Board of Education rules regarding
administration of the assessment instruments under [listed in] this
subsection. If a student is in a special education program under
Subchapter A, Chapter 29, the student's admission, review, and
dismissal committee shall determine whether any allowable
modification is necessary in administering to the student an
assessment instrument required under this subsection. [The State
Board of Education shall administer the assessment instruments. An
end-of-course assessment instrument may be administered in
multiple parts over more than one day. The State Board of Education
shall adopt a schedule for the administration of end-of-course
assessment instruments that complies with the requirements of
Subsection (c-3).]
(c-3) In [Except as provided by Subsection (c-7), in]
adopting a schedule for the administration of assessment
instruments under this section, the State Board of Education shall
ensure that assessment instruments administered under Subsection
(a) or (c) are not administered on the first instructional day of a
week.
(c-5) A student's performance on an [end-of-course]
assessment instrument administered [required] under Subsection (c)
must be included in the student's academic achievement record.
(c-8) Beginning with the 2022-2023 school year, an
assessment instrument developed under Subsection (a) [or (c)] may
not present more than 75 percent of the questions in a multiple
choice format.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), [(c), (d),] or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
[During the 2014-2015 and 2015-2016 school years, the agency shall
release the questions and answer keys to assessment instruments as
described by this subsection each year.]
(g) An [The State Board of Education may adopt one
appropriate, nationally recognized, norm-referenced] assessment
instrument administered under Subsection (c) [in reading and
mathematics to be administered to a selected sample of students in
the spring. If adopted, a norm-referenced assessment instrument]
must be a secured test. The commissioner shall contract with a
vendor to administer the assessment instrument, complete the
scoring of the assessment instrument, and distribute within a
reasonable period the results to the agency and the relevant
results to each school district. As soon as practicable after the
district receives the results from the vendor under this
subsection, the district shall:
(1) distribute the relevant results to each district
campus; and
(2) provide written notice to the student and the
person standing in parental relation to the student that states the
student's results and whether the student performed satisfactorily
on the assessment instrument [The state may pay the costs of
purchasing and scoring the adopted assessment instrument and of
distributing the results of the adopted instrument to the school
districts. A district that administers the norm-referenced test
adopted under this subsection shall report the results to the
agency in a manner prescribed by the commissioner].
(h) Except as provided by Subsection (g), the [The] agency
shall notify school districts and campuses of the results of
assessment instruments administered under this section not later
than the 21st day after the date the assessment instrument is
administered.
(h-1) A [The] school district shall disclose to each
district teacher the results of assessment instruments
administered to students taught by the teacher in the subject for
the school year in which the assessment instrument is administered.
(i) The provisions of this section[, except Subsection
(d),] are subject to modification by rules adopted under Section
39.022. Each assessment instrument adopted or designated under
those rules [and each assessment instrument required under
Subsection (d)] must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a)[, (c),] or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
(q) Notwithstanding any provision of this section or other
law, if changes made to the Every Student Succeeds Act (20 U.S.C.
Section 6301 et seq.) reduce the number or frequency of assessment
instruments required to be administered to students, the State
Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
SECTION 15. The heading to Section 39.0232, Education Code,
is amended to read as follows:
Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
SECTION 16. Sections 39.0232(a), (b), and (c), Education
Code, are amended to read as follows:
(a) To the extent practicable, the agency shall ensure that
any high school [end-of-course] assessment instrument designated
under Section 39.023(c) [developed by the agency is developed in
such a manner that the assessment instrument] may be used to
determine the appropriate placement of a student in a course of the
same subject matter at an institution of higher education.
(b) A student's performance on an [end-of-course]
assessment instrument administered under Section 39.023(c) may not
be used:
(1) in determining the student's class ranking for any
purpose, including entitlement to automatic college admission
under Section 51.803 or 51.804; or
(2) as a sole criterion in the determination of
whether to admit the student to a general academic teaching
institution in this state.
(c) Subsection (b)(2) does not prohibit a general academic
teaching institution from implementing an admission policy that
takes into consideration a student's performance on an
[end-of-course] assessment instrument administered under Section
39.023(c) in addition to other criteria.
SECTION 17. Section 39.0234, Education Code, is amended to
read as follows:
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]
agency shall ensure that assessment instruments required under
Section 39.023 are capable of being administered electronically.
(b) Subsection (a) does not apply to a nationally
recognized, norm-referenced assessment instrument under Section
39.023(c).
SECTION 18. Section 39.0241, Education Code, is amended by
amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) The commissioner of education, in collaboration with
the commissioner of higher education, shall determine the level of
performance necessary to indicate college readiness[, as defined by
Section 39.024(a)].
(a-2) In this section, "college readiness" means the level
of preparation a student must attain in English language arts and
mathematics courses to enroll and succeed, without remediation, in
an entry-level general education course for credit in that same
content area for a baccalaureate degree or associate degree program
at:
(1) a general academic teaching institution, as
defined by Section 61.003, other than a research institution, as
categorized under the Texas Higher Education Coordinating Board's
accountability system; or
(2) a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
SECTION 19. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.02342 and 39.0239 to read as follows:
Sec. 39.02342. ALTERNATIVE ADAPTIVE ASSESSMENT
INSTRUMENTS. (a) Notwithstanding any other law, the agency shall
adopt alternative adaptive assessment instruments in accordance
with this section that a school district may administer in lieu of
an assessment instrument adopted under Section 39.023 to satisfy
state or federal law requirements concerning the administration of
that assessment instrument.
(b) An alternative adaptive assessment instrument adopted
under this section must:
(1) effectively measure each student's academic
progress over time, without regard to the student's age, grade
level, or academic performance;
(2) evidence high content or concurrent validity;
(3) have been the subject of a study used to determine
the typical performance of a student conducted not more than 10
years before the adoption of the assessment instrument;
(4) use an adaptive difficulty level that is adjusted
based on a student's knowledge and ability as demonstrated by the
student's performance on the assessment instrument;
(5) take no longer than 90 minutes to administer; and
(6) provide immediate information and real-time
reporting on student progress without requiring any additional data
or syncing or uploading by a teacher or administrator.
(c) The agency may adopt an alternative adaptive assessment
instrument submitted to the agency by a school district if the
assessment instrument complies with the requirements of Subsection
(b) and serves as an adequate measure of grade level achievement.
(d) A school district shall administer an alternative
adaptive assessment instrument adopted under this section
electronically.
(e) The agency shall:
(1) determine for each assessment instrument adopted
by the agency under this section the level of performance
considered to be satisfactory; and
(2) develop a method to compile a student's score on
each alternative adaptive assessment administered to the student
during a school year into a single summative score for each subject
area assessed.
(f) A school district shall submit in the manner and form
prescribed by the agency the results of an alternative adaptive
assessment instrument administered under this section to the agency
not later than three days after the administration of the
assessment instrument.
(g) The agency shall provide reimbursement to a school
district for all costs associated with the administration of an
alternative adaptive assessment instrument under this section.
(h) The State Board of Education shall annually review each
alternative adaptive assessment instrument adopted by the agency
under this section to ensure that the instrument is relevant,
valid, and reliable.
(i) The agency may contract for services to develop or
administer alternative adaptive assessment instruments that comply
with the requirements of Subsection (b).
(j) The commissioner shall adopt rules necessary to
implement this section, including a rule providing the number and
schedule of administrations of alternative adaptive assessment
instruments under this section and requiring the administration of
one alternative adaptive assessment instrument:
(1) at the beginning of each school year;
(2) at the end of each school year; and
(3) during each school year, between the
administrations under Subdivisions (1) and (2).
(k) Unless it conflicts with this section, a reference in
law to an assessment instrument adopted under Section 39.023
includes an alternative adaptive assessment instrument adopted by
the agency or administered by a school district in accordance with
this section.
Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
DISASTER. (a) If, during a school year, a statewide disaster
declared by the president of the United States under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
Section 5121 et seq.) or by the governor under Chapter 418,
Government Code, significantly disrupts school district
operations, including in-person attendance, in a majority of school
districts in this state, the commissioner shall apply to the United
States Department of Education for a waiver of the requirement
under the Every Student Succeeds Act (20 U.S.C. Section 6301 et
seq.) to administer assessment instruments during that school year.
(b) If the United States Department of Education fails to
grant a waiver requested under Subsection (a), the assessment
instruments shall be administered as required under Section 39.023
during the applicable school year, but, notwithstanding any other
law, the commissioner may not consider the results of the
assessment instruments for purposes of:
(1) evaluating school district or campus performance
under this chapter for the applicable school year, including in
determining:
(A) the performance rating to assign to each
district or campus under Section 39.054; or
(B) whether to impose any intervention or
sanction authorized by Chapter 39A after the applicable school year
on each district or campus; or
(2) determining a student's qualification for
promotion or graduation.
SECTION 20. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-4), (b), and (b-1) and adding
Subsection (f-3) to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered each [an end-of-course] assessment instrument
selected under [listed in] Section 39.023(c) by the school district
[only for a course] in which the student is enrolled [and for which
an end-of-course assessment instrument is administered]. Each
student's performance on an assessment instrument selected under
Section 39.023(c) shall be evaluated to determine whether the [A]
student achieved [is required to achieve] a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a)[, on each end-of-course
assessment instrument administered to the student]. The results of
the administration of an assessment instrument administered under
Section 39.023(c) may not be used as criteria for graduation. The
results may be used only for the purpose of diagnosing the academic
strengths and deficiencies of a student and guiding specific
instruction to the student. [For each scale score required under
this subsection that is not based on a 100-point scale scoring
system, the commissioner shall provide for conversion, in
accordance with commissioner rule, of the scale score to an
equivalent score based on a 100-point scale scoring system. A
student may not receive a high school diploma until the student has
performed satisfactorily on end-of-course assessment instruments
in the manner provided under this subsection.] This subsection does
not require a student to demonstrate readiness to enroll in an
institution of higher education.
(a-4) The admission, review, and dismissal committee of a
student in a special education program under Subchapter A, Chapter
29, shall determine whether, to receive a high school diploma, the
student is required to achieve satisfactory performance on
[end-of-course] assessment instruments administered under Section
39.023(c).
(b) Each time an [end-of-course] assessment instrument
[adopted] under Section 39.023(c) is administered, a student who
failed to achieve a score requirement under Subsection (a) may
retake the assessment instrument. [A student is not required to
retake a course as a condition of retaking an end-of-course
assessment instrument.]
(b-1) A school district shall provide each student who fails
to perform satisfactorily as determined by the commissioner under
Section 39.0241(a) on an [end-of-course] assessment instrument
administered under Section 39.023(c) with accelerated instruction
[in the subject assessed by the assessment instrument].
(f-3) The commissioner shall by rule adopt a transition plan
to implement the amendments made by H.B. 764, Acts of the 87th
Legislature, Regular Session, 2021, replacing end-of-course
assessment instruments with one or more assessment instruments
selected by a school district under Section 39.023(c). The rules
must provide for each assessment instrument selected by a school
district under Section 39.023(c) to be administered beginning with
students enrolled in the ninth grade for the first time during the
2021-2022 school year. During the period under which the
transition from end-of-course assessment instruments is made:
(1) for students entering a grade above the ninth
grade during the 2021-2022 school year or students repeating ninth
grade during the 2021-2022 school year, the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures under this chapter the
end-of-course assessment instruments required by Section
39.023(c), as that section existed before amendment by H.B. 764,
Acts of the 87th Legislature, Regular Session, 2021; and
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on:
(A) each required end-of-course assessment
instrument administered under Section 39.023(c), as that section
existed before amendment by H.B. 764, Acts of the 87th Legislature,
Regular Session, 2021; or
(B) each assessment instrument selected under
Section 39.023(c) by the district in which the student is enrolled.
SECTION 21. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the [end-of-course] assessment instruments
required under this subchapter for graduation.
SECTION 22. Section 39.035(a), Education Code, is amended
to read as follows:
(a) Subject to Subsection (b), the agency may conduct field
testing of questions for any assessment instrument administered
under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
from the administration of the assessment instrument not more
frequently than every other school year.
SECTION 23. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0547 to read as follows:
Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
In this section, "specialized support campus" means a school
district campus that:
(1) has a campus identification number;
(2) serves students enrolled in any grade level at
which state assessment instruments are administered; and
(3) has a student enrollment in which:
(A) at least 90 percent of students receive
special education services under Subchapter A, Chapter 29; and
(B) a significant percentage of the students
required to take an assessment instrument under Section 39.023:
(i) take an alternative assessment
instrument under Section 39.023(b) or (b-1); and
(ii) are unable to provide an authentic
academic response on that assessment instrument.
(b) The commissioner, in consultation with administrators
of specialized support campuses, teachers at specialized support
campuses, parents and guardians of students enrolled at specialized
support campuses, and other stakeholders, by rule shall establish
appropriate accountability guidelines under this chapter for use by
a specialized support campus in developing an alternative
accountability plan under Subsection (c) based on the specific
student population served by the campus. The commissioner shall
provide for public notice and comment in adopting rules under this
subsection.
(c) A specialized support campus may develop and submit to
the commissioner for approval an alternative accountability plan
tailored to the student population served by the campus, based on
the guidelines established under Subsection (b). The commissioner
may approve the alternative accountability plan only if the plan:
(1) follows the guidelines established under
Subsection (b); and
(2) complies with applicable federal law.
(d) Notwithstanding any other provision of this code, if the
commissioner approves an alternative accountability plan developed
by a specialized support campus under Subsection (c), the
commissioner shall determine, report, and consider the performance
of students enrolled at the campus using that plan.
(e) Not later than December 1, 2024, the commissioner shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and the standing legislative committees
with primary jurisdiction over public education a report on the
effectiveness of this section in evaluating specialized support
campuses and any recommendations for legislative or other action.
(f) This section expires September 1, 2025.
SECTION 24. Section 39.203(c), Education Code, is amended
to read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in English language arts, mathematics, or
science[, or social studies].
SECTION 25. Section 51.338(c), Education Code, is amended
to read as follows:
(c) A student who has achieved scores set by the board on the
questions developed for end-of-course assessment instruments under
Section 39.0233(a), as that section existed before repeal by
H.B. 764, Acts of the 87th Legislature, Regular Session, 2021, is
exempt from the requirements of this subchapter. The exemption is
effective for the three-year period following the date a student
takes the last assessment instrument for purposes of this
subchapter and achieves the standard set by the board. This
subsection does not apply during any period for which the board
designates the questions developed for end-of-course assessment
instruments under Section 39.0233(a), as that section existed
before repeal by H.B. 764, Acts of the 87th Legislature, Regular
Session, 2021, as the primary assessment instrument under this
subchapter, except that the three-year period described by this
subsection remains in effect for students who qualify for an
exemption under this subsection before that period.
SECTION 26. The following provisions of the Education Code
are repealed:
(1) Sections 39.023(a-15), (c-2), (c-4), (c-6), and
(d);
(2) Section 39.023(c-7), as added by Chapter 1282
(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
(3) Section 39.023(c-7), as added by Chapter 1315
(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;
(4) Section 39.0233;
(5) Section 39.024;
(6) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
(e-1);
(7) Section 39.053(d-1); and
(8) Section 39.203(d).
SECTION 27. As soon as practicable after the effective date
of this Act, the Texas Education Agency shall adopt alternative
adaptive assessment instruments as required by Section 39.02342,
Education Code, as added by this Act.
SECTION 28. As soon as practicable after the effective date
of this Act, each school district shall provide notice to an eighth
grade student under Section 39.025(g), Education Code, informing
the student of the specific requirements applicable to the student
under Sections 39.023(c) and 39.025(a), Education Code, as amended
by this Act.
SECTION 29. (a) Except as provided by Subsection (b), this
Act applies beginning with the 2021-2022 school year.
(b) Section 39.02342, Education Code, as added by this Act,
applies beginning with the 2022-2023 school year.
SECTION 30. Not later than January 1, 2022, the Texas
Education Agency shall apply to the United States Department of
Education for a waiver of the annual alternate assessment of
students with significant cognitive disabilities required under
the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
the Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.).
SECTION 31. As soon as practicable after the effective date
of this Act, the commissioner of education shall apply to the United
States Department of Education for a statewide waiver of the annual
assessment of students required under the Every Student Succeeds
Act (20 U.S.C. Section 6301 et seq.) for the 2020-2021 school year.
SECTION 32. To the extent of any conflict, this Act prevails
over another Act of the 87th Legislature, Regular Session, 2021,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 33. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.