87R1173 MM-D
By: Menéndez S.B. No. 260
A BILL TO BE ENTITLED
AN ACT
relating to the administration of assessment instruments in public
schools and eliminating the requirement to use public school
assessment instruments as a criterion for promotion or graduation
or to make certain accountability determinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
(4) [require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
[(5)] comply with a requirement imposed under this
title or a rule adopted under this title relating to the Public
Education Information Management System (PEIMS) to the extent
necessary to determine compliance with this chapter, as determined
by the commissioner.
SECTION 2. 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 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 3. Section 19.0043(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 4. 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; and
(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 5. Section 26.005, Education Code, is amended to
read as follows:
Sec. 26.005. ACCESS TO STATE ASSESSMENTS. (a) Except as
provided by Section 39.023(e) or this section, a parent is entitled
to access to a copy of each state assessment instrument
administered under Section 39.023 to the parent's child.
(b) The agency by rule shall determine the manner in which
access to any copy of an assessment instrument adopted under
Section 39.023(a) or (c) is provided.
SECTION 6. Section 28.006(j), Education Code, is amended to
read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.301(c)(6) [39.301(c)(5)]
and may implement interventions or sanctions under Chapter 39A. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
SECTION 7. 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
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 8. Section 28.021(c), Education Code, is amended to
read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course; and
(3) [the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), to the extent
applicable; and
[(4)] any other necessary academic information, as
determined by the district.
SECTION 9. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
SECTION 10. Sections 28.0211(a-1), (c), (d), (g), (i), and
(k), Education Code, are amended to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) [in
the third, fourth, fifth, sixth, seventh, or eighth grade], the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the
student before or after normal school hours and may include
participation at times of the year outside normal school
operations.
(c) [Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument. After a student
fails to perform satisfactorily on an assessment instrument a
second time, a grade placement committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the grade placement committee
and the purpose of the committee.] An accelerated instruction
group administered by a school district under this section may not
have a ratio of more than 10 students for each teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (a-1) [(c)], the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument; and
(2) the accelerated instruction program to which the
student is assigned[; and
[(3) the possibility that the student might be
retained at the same grade level for the next school year].
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
[specified under Subsection (a)].
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A, Chapter 29, and who does not perform
satisfactorily on an assessment instrument [specified under
Subsection (a) and] administered under Section 39.023(a) or (b)
must meet before the student is administered the assessment
instrument for the second time. The committee shall determine[:
[(1)] the manner in which the student will participate
in an accelerated instruction program under this section[; and
[(2) whether the student will be promoted in accordance
with Subsection (i-1) or retained under this section].
(k) The commissioner shall adopt rules as necessary to
implement this section[, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.054].
SECTION 11. Section 28.0217, Education Code, is amended to
read as follows:
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
STUDENTS. Each time a student fails to perform satisfactorily on an
assessment instrument required [administered] under Section
39.023(c), the school district in which the student attends school
shall provide to the student accelerated instruction in the
applicable subject area, using funds appropriated for accelerated
instruction under Section 28.0211. Accelerated instruction may
require participation of the student before or after normal school
hours and may include participation at times of the year outside
normal school operations.
SECTION 12. 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 13. Sections 28.025(b-4), (b-7), (c), (c-8), and
(e), 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].
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) [of this section, Section 39.025,] or any other provision of
this code and notwithstanding any school district policy, a student
who has completed the core curriculum of an institution of higher
education under Section 61.822, as certified by the institution in
accordance with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Section [Sections] 28.0256 [and
39.025]; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(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 required under Section
39.023(c) to earn an endorsement on the student's transcript.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation
high school program on transcript forms adopted by the State Board
of Education. [The transcript forms adopted by the board must be
designed to clearly identify whether a student received a diploma
or a certificate of coursework completion.]
SECTION 14. Sections 28.02541(a) and (d), Education Code,
are amended to read as follows:
(a) This section applies only to a student who:
(1) entered the ninth grade before the 2011-2012
school year; and
(2) successfully completed the curriculum
requirements for high school graduation applicable to the student
when the student entered the ninth grade[;
[(3) has not performed satisfactorily on an assessment
instrument or a part of an assessment instrument required for high
school graduation, including an alternate assessment instrument
offered under Section 39.025(c-2); and
[(4) has been administered the assessment instrument
or the part of the assessment instrument for which the student has
not performed satisfactorily at least three times].
(d) In adopting rules under Subsection (c)(2), the
commissioner may authorize as an alternative requirement:
(1) [an alternative assessment instrument and
performance standard for that assessment instrument;
[(2)] work experience; or
(2) [(3)] military or other relevant life experience.
SECTION 15. Section 28.0255(g), Education Code, is amended
to read as follows:
(g) A student 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 end-of-course assessment
instruments listed under Section 39.023(c) for courses in which the
student was enrolled].
SECTION 16. Section 28.02591(a), Education Code, is amended
to read as follows:
(a) The Texas Higher Education Coordinating Board, in
coordination with the agency, shall collect longitudinal data
relating to the post-graduation pursuits of each student who is
awarded a diploma based on the determination of an individual
graduation committee under former Section 28.0258, as that section
existed on January 1, 2021 [before September 1, 2023], including
whether the student:
(1) enters the workforce;
(2) enrolls in an associate degree or certificate
program at a public or private institution of higher education;
(3) enrolls in a bachelor's degree program at a public
or private institution of higher education; or
(4) enlists in the armed forces of the United States or
the Texas National Guard.
SECTION 17. Section 29.056(g), Education Code, is amended
to read as follows:
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program for the first time or a subsequent time if the student is
able to participate equally in a regular all-English instructional
program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in English;
(2) satisfactory performance on the reading
assessment instrument under Section 39.023(a) or the [an] English
language arts portion of the assessment instrument under Section
39.023(c), as applicable, with the assessment instrument
administered in English, or, if the student is enrolled in the first
or second grade, an achievement score at or above the 40th
percentile in the reading and language arts sections of an English
standardized test approved by the agency; and
(3) agency-approved criterion-referenced tests and
the results of a subjective teacher evaluation.
SECTION 18. 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 the [an
end-of-course] assessment instrument required [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 the [an end-of-course] assessment instrument
required under Section 39.023(c) [for graduation].
SECTION 19. Sections 29.087(f) and (l), Education Code, are
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 the appropriate end-of-course
assessment instruments specified by Section 39.023(c) before
entering the program and] must take the [each appropriate
end-of-course] assessment instrument required under Section
39.023(c) before or [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 instrument [instruments]
required by this subsection.
(l) The commissioner may revoke a school district's or
open-enrollment charter school's authorization under this section
after consideration of relevant factors, including [performance of
students participating in the district's or school's program on
assessment instruments required under Chapter 39,] the percentage
of students participating in the district's or school's program who
complete the program and perform successfully on the high school
equivalency examination[,] and other criteria adopted by the
commissioner. A decision by the commissioner under this subsection
is final and may not be appealed.
SECTION 20. Sections 29.259(g), (i), and (o), Education
Code, are amended to read as follows:
(g) A person who is at least 18 years of age and not more
than 50 years of age is eligible to enroll in the adult education
program under this section if the person:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument that, before the 2021-2022 school year, was
required for high school graduation.
(i) A charter granted under this section must:
(1) include a description of the adult education
program to be offered under this section; and
(2) establish specific, objective standards for
receiving a high school diploma, including[:
[(A)] successful completion of:
(A) [(i)] if applicable to the program
participant, the curriculum requirements under Section 28.025; or
(B) [(ii)] the appropriate curriculum
requirements applicable to the program participant[; and
[(B) satisfactory performance on the
standardized secondary exit-level assessment instrument described
by Subsection (c)].
(o) The commissioner shall develop and adopt performance
frameworks that establish standards by which to measure the
performance of an adult high school program operated under a
charter granted under this section in a manner consistent with the
requirements provided for an open-enrollment charter school under
Sections 12.1181(a) and (b). The commissioner shall include in the
performance frameworks adopted under this subsection the following
performance indicators:
(1) [the percentage of program participants who
performed satisfactorily on the standardized secondary exit-level
assessment instrument described by Subsection (c);
[(2)] the percentage of program participants who
successfully completed the high school program and earned a high
school diploma;
(2) [(3)] the percentage of program participants who
successfully completed career and technology education courses and
obtained industry certification;
(3) [(4)] the percentage of program participants who
have enrolled in an institution of higher education or private or
independent institution of higher education, as those terms are
defined under Section 61.003; and
(4) [(5)] the percentage of program participants who
earned a wage, salary, or other income increase that was
significant as determined and reported by the Texas Workforce
Commission.
SECTION 21. Sections 29.402(b) and (c), Education Code, are
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:
(A) an [end-of-course] assessment instrument
required [administered] under Section 39.023(c);
(B) an assessment instrument administered under
Section 39.023(c) as that section existed before amendment by _.B.
___, 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.
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
research-based strategies to assist students in becoming able
academically to pursue postsecondary education, including:
(A) high quality, college readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance and[,] student completion of
high school course requirements[, and student performance on
assessment instruments] as necessary for the student to receive a
diploma from a high school of the partnering school district.
SECTION 22. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education[, excluding satisfactory performance under
Section 39.025,] who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 23. Section 30.104(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 24. Section 32.258(b), Education Code, is amended
to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on assessment instruments [instrument requirements for
graduation].
SECTION 25. Section 37.008(m), Education Code, is amended
to read as follows:
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner[, but must include student
performance on assessment instruments required under Sections
39.023(a) and (c)]. Academically, the mission of disciplinary
alternative education programs shall be to enable students to
perform at grade level.
SECTION 26. Section 39.023(a), Education Code, as effective
until September 1, 2021, is amended to read as follows:
(a) The agency shall adopt nationally recognized [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 27. Section 39.023(a), Education Code, as effective
September 1, 2021, is amended to read as follows:
(a) The agency shall adopt nationally recognized [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 28. Section 39.023, Education Code, is amended by
amending Subsections (a-2), (a-3), (a-11), (a-12), (a-13), (c),
(c-1), (c-4), (c-5), (d), (e), (f), (g), (h), (i), and (p) and
adding Subsection (h-1) 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].
(a-3) The agency may not adopt [or develop] a
criterion-referenced assessment instrument under this section
based on common core state standards as defined by Section
28.002(b-1). This subsection does not prohibit the use of college
advanced placement tests or international baccalaureate
examinations as those terms are defined by Section 28.051.
(a-11) Before an assessment instrument adopted [or
developed] under Subsection (a) may be administered under that
subsection, the assessment instrument must, on the basis of
empirical evidence, be determined to be valid and reliable by an
entity that is independent of the agency and of any other entity
that developed the assessment instrument.
(a-12) An assessment instrument adopted [or developed]
under Subsection (a) may not have more than three parts. A part of
an assessment instrument must be designed so that:
(1) if administered to students in grades three and
four, 85 percent of students will be able to complete that part
within 60 minutes; and
(2) if administered to students in grades five through
eight, 85 percent of students will be able to complete that part
within 75 minutes.
(a-13) The amount of time allowed for administration of an
assessment instrument adopted [or developed] under Subsection (a)
may not exceed eight hours, and the administration may occur in
multiple parts over more than one day.
(c) The agency shall also adopt a nationally recognized
multiple subject assessment instrument to be administered to
students in grade 11 to assess essential knowledge and skills in
mathematics, English language arts, and science [end-of-course
assessment instruments for secondary-level 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. The English I and English II
end-of-course assessment instruments must each assess essential
knowledge and skills in 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 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 the [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-1) The agency shall ensure that each [develop any]
assessment instrument adopted [required] under this section [in a
manner that] allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
(c-4) To the extent practicable and subject to Section
39.024, the agency shall ensure that each [end-of-course]
assessment instrument adopted under Subsection (c) is:
(1) capable of measuring [developed in a manner that
measures] a student's performance under the college readiness
standards established under Section 28.008; and
(2) validated by national postsecondary education
experts for college readiness content and performance standards.
(c-5) A student's performance on an [end-of-course]
assessment instrument required under Subsection (c) must be
included in the student's academic achievement record.
(d) The commissioner may participate in multistate efforts
to develop voluntary standardized secondary-level [end-of-course]
assessment instruments. [The commissioner by rule may require a
school district to administer an end-of-course assessment
instrument developed through the multistate efforts.] The
admission, review, and dismissal committee of a student in a
special education program under Subchapter A, Chapter 29, shall
determine whether any allowable modification is necessary in
administering to the student an [end-of-course] assessment
instrument.
(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.]
(f) An [The] assessment instrument may not be adopted under
this section unless the assessment instrument is [instruments shall
be] designed to include assessment of a student's problem-solving
ability and complex-thinking skills using a method of assessing
those abilities and skills that is demonstrated to be highly
reliable.
(g) An [The State Board of Education may adopt one
appropriate, nationally recognized, norm-referenced] assessment
instrument adopted under Subsection (a) or (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
nationally recognized vendor to administer the assessment
instruments described by this subsection, complete the scoring of
the assessment instruments, 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 or test [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) Except as provided by this subsection, the [The]
provisions of this section[, except Subsection (d),] are subject to
modification by rules adopted under Section 39.022. The provisions
of Subsection (d) and the provisions requiring the agency to adopt a
nationally recognized assessment instrument are not subject to
modification by rules adopted under Section 39.022. Each
assessment instrument adopted under [those] rules adopted under
Section 39.022 and each assessment instrument required under
Subsections (a), (c), and [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.
SECTION 29. The heading to Section 39.0232, Education Code,
is amended to read as follows:
Sec. 39.0232. CERTAIN USE OF SECONDARY-LEVEL
[END-OF-COURSE] ASSESSMENT INSTRUMENT [AS PLACEMENT INSTRUMENT;
CERTAIN USES] PROHIBITED.
SECTION 30. Section 39.0232(b), Education Code, is amended
to read as follows:
(b) A student's performance on an [end-of-course]
assessment instrument required 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].
SECTION 31. 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
assessment instrument adopted by the agency under Section 39.023(a)
or (c).
SECTION 32. Section 39.024(i), Education Code, is amended
to read as follows:
(i) The agency shall gather data and conduct research to
substantiate any correlation between a certain level of performance
by students on the [end-of-course] assessment instrument required
under Section 39.023(c) [instruments] and success in:
(1) military service; or
(2) a workforce training, certification, or other
credential program at a postsecondary educational institution that
primarily offers associate degrees or certificates or credentials
other than baccalaureate or advanced degrees.
SECTION 33. The heading to Section 39.025, Education Code,
is amended to read as follows:
Sec. 39.025. USE OF SECONDARY-LEVEL ASSESSMENT INSTRUMENT
[SECONDARY-LEVEL PERFORMANCE REQUIRED].
SECTION 34. Sections 39.025(a), (b-1), and (f), Education
Code, are amended 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 the [an end-of-course] assessment instrument required
under [listed in] Section 39.023(c) [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 the
assessment instrument 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 the assessment instrument 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.]
(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 the [an end-of-course] assessment instrument
required under Section 39.023(c) with accelerated instruction in
the relevant subject [assessed by the assessment instrument].
(f) The commissioner shall [by rule] adopt rules [a
transition plan] to implement the amendments made by _.B. __, Acts
of the 87th Legislature, Regular Session, 2021 [Chapter 1312 (S.B.
No. 1031), Acts of the 80th Legislature, Regular Session, 2007],
replacing end-of-course [general subject] assessment instruments
administered at the high school level with a nationally recognized,
multiple subject [end-of-course] assessment instrument
[instruments]. The rules must provide for:
(1) the assessment instrument [end-of-course
assessment instruments] adopted under Section 39.023(c) to be
administered beginning with [students enrolled in the ninth grade
for the first time during] the 2021-2022 [2011-2012] school year;
and
(2) an exemption from the requirement under
Subdivision (1)[. During the period under which the transition to
end-of-course assessment instruments is made:
[(1)] for students who, before [entering a grade above
the ninth grade during] the 2021-2022 [2011-2012] school year, have
been administered the Algebra I, biology, English I, and English II
end-of-course assessment instruments [or students repeating ninth
grade during the 2011-2012 school year, the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures under this chapter the
assessment instruments required by Section 39.023(a) or (c), as
that section existed before amendment by Chapter 1312 (S.B.
No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
[(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on the SAT, the ACT, the Texas Success Initiative
(TSI) diagnostic assessment, or the current assessment instrument
or instruments administered for graduation purposes as provided by
Subsection (f-1) or on each required assessment instrument
administered] under Section 39.023(c), as that section existed on
January 1, 2021 [before amendment by Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007].
SECTION 35. 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 instrument
[instruments] required under Section 39.023(c) [this subchapter
for graduation].
SECTION 36. 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(b) [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 37. Section 39.053(c), Education Code, is amended
to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally, [:
[(i)] an indicator determined by the
commissioner that may not include [that accounts for] the results
of assessment instruments required under Section 39.023 [Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
[(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
[(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
[(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area]; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), [and] (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
and
(xii) students who are awarded an associate
degree;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include[:
[(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
[(B) for evaluating relative performance,] the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 38. Section 39.054(b-1), Education Code, is amended
to read as follows:
(b-1) Consideration of the effectiveness of district
programs under Section 39.052(b)(2)(B) or (C):
(1) must[:
[(A)] be based on data collected through the
Public Education Information Management System (PEIMS) for
purposes of accountability under this chapter; and
[(B) include the results of assessments required
under Section 39.023; and]
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
SECTION 39. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.053(g-3), for
purposes of determining the performance of a school district,
campus, or open-enrollment charter school under this chapter, a
student ordered by a juvenile court into a residential program or
facility operated by or under contract with the Texas Juvenile
Justice Department, a juvenile board, or any other governmental
entity or any student who is receiving treatment in a residential
facility is not considered to be a student of the school district in
which the program or facility is physically located or of an
open-enrollment charter school, as applicable. The performance of
such a student on an [assessment instrument or other] achievement
indicator adopted under Section 39.053 or reporting indicator
adopted under Section 39.301 shall be determined, reported, and
considered separately from the performance of students attending a
school of the district in which the program or facility is
physically located or an open-enrollment charter school, as
applicable.
SECTION 40. 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 41. Sections 39.301(c) and (d), Education Code, are
amended to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) the percentage of students, aggregated by grade
level and subject area, who satisfy each performance standard under
Section 39.0241 on assessment instruments required under:
(A) Section 39.023(a); and
(B) Section 39.023(c);
(4) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(5) [(4)] for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(6) [(5)] the percentage of students, aggregated by
grade level, provided accelerated instruction under Section
28.0211 [28.0211(c), the results of assessment instruments
administered under that section, the percentage of students
promoted through the grade placement committee process under
Section 28.0211], the subject of the assessment instrument on which
each student failed to perform satisfactorily under each
performance standard under Section 39.0241, and the performance of
those students in the following school year [following that
promotion] on the assessment instruments required under Section
39.023;
(7) [(6)] the percentage of students of limited
English proficiency exempted from the administration of an
assessment instrument under Sections 39.027(a)(1) and (2);
(8) [(7)] the percentage of students in a special
education program under Subchapter A, Chapter 29, assessed through
assessment instruments developed or adopted under Section
39.023(b);
[(8) the percentage of students who satisfy the
college readiness measure;]
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
(d) Performance on the indicators described by Section
39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
SECTION 42. Section 39.305(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the achievement indicators
described by Section 39.053(c) and the reporting indicators
described by Sections 39.301(c)(1) through (6) [(5)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 43. Section 39.332(b)(20), Education Code, is
amended to read as follows:
(20) The report must contain a comparison of the
performance of open-enrollment charter schools and school
districts on the achievement indicators described by Section
39.053(c) and [,] the reporting indicators described by Section
39.301(c), [and the accountability measures adopted under Section
39.053(i),] with a separately aggregated comparison of the
performance of open-enrollment charter schools predominantly
serving students at risk of dropping out of school, as described by
Section 29.081(d), with the performance of school districts.
SECTION 44. 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
__.B. ____, 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 _.B. ____, 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 45. Effective September 1, 2021, the following
provisions of the Education Code are repealed:
(1) Section 12.104(b-2);
(2) Section 19.0043(c);
(3) Section 21.4551(c);
(4) Sections 28.0211(a), (a-2), (b), (e), (f), (i-1),
(i-2), (n), (o), and (p);
(5) Sections 28.025(c-6) and (d);
(6) Section 28.0255(h);
(7) Section 28.0258;
(8) Section 28.0259;
(9) Section 29.259(c);
(10) Section 30.104(c);
(11) Sections 39.023(a-1), (c-2), (c-6), and (c-8);
(12) Section 39.023(c-7), as added by Chapter 1282
(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
(13) Section 39.0231;
(14) Sections 39.0232(a), (c), and (d);
(15) Section 39.0233;
(16) Sections 39.025(a-1), (a-2), (a-3), (a-4),
(a-5), (b), (c), (c-1), (c-2), (d), (e), (e-1), (f-1), (f-2), and
(g);
(17) Sections 39.053(c-2), (c-3), (d), and (d-1); and
(18) Section 39.203(d).
SECTION 46. Before the first administration of the
assessment instruments adopted under Sections 39.023(a) and (c),
Education Code, as amended by this Act, the Texas Education Agency
shall develop evidence, through a peer review process, to
demonstrate that the assessment instruments are aligned with the
essential knowledge and skills for each subject assessed.
SECTION 47. (a) As soon as practicable, each school
district that provided notice to an eighth grade student during the
2020-2021 school year under Section 39.025(g), Education Code, as
that section existed before the repeal by this Act, shall send an
updated notice to that student 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.
(b) As soon as practicable, the commissioner of education
shall determine the level of performance considered to be
satisfactory as required under Section 39.0241(a), Education Code,
on the assessment instrument required under Section 39.023(c),
Education Code, as amended by this Act.
SECTION 48. The Texas Education Agency shall, to the
greatest extent practicable, apply cost savings that result from
implementing the changes made by this Act to support any program
eligible under Title I, Elementary and Secondary Education Act of
1965 (20 U.S.C. Section 6301 et seq.).
SECTION 49. This Act applies beginning with the 2021-2022
school year.
SECTION 50. 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.