Texas 2021 - 87th Regular

Texas Senate Bill SB260 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1173 MM-D
2	2	By: Menéndez S.B. No. 260
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of assessment instruments in public
8	8	schools and eliminating the requirement to use public school
9	9	assessment instruments as a criterion for promotion or graduation
10	10	or to make certain accountability determinations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 18.005(c), Education Code, is amended to
13	13	read as follows:
14	14	(c) A Job Corps diploma program shall:
15	15	(1) develop educational programs specifically
16	16	designed for persons eligible for enrollment in a Job Corps
17	17	training program established by the United States Department of
18	18	Labor;
19	19	(2) coordinate educational programs and services in
20	20	the diploma program with programs and services provided by the
21	21	United States Department of Labor and other federal and state
22	22	agencies and local political subdivisions and by persons who
23	23	provide programs and services under contract with the United States
24	24	Department of Labor;
25	25	(3) provide a course of instruction that includes the
26	26	required curriculum under Subchapter A, Chapter 28; and
27	27	(4) [require that students enrolled in the diploma
28	28	program satisfy the requirements of Section 39.025 before receiving
29	29	a diploma under this chapter; and
30	30	[(5)] comply with a requirement imposed under this
31	31	title or a rule adopted under this title relating to the Public
32	32	Education Information Management System (PEIMS) to the extent
33	33	necessary to determine compliance with this chapter, as determined
34	34	by the commissioner.
35	35	SECTION 2. Section 18.006(b), Education Code, is amended to
36	36	read as follows:
37	37	(b) In addition to other factors determined to be
38	38	appropriate by the commissioner, the accountability system must
39	39	include consideration of[:
40	40	[(1) student performance on the end-of-course
41	41	assessment instruments required by Section 39.023(c); and
42	42	[(2)] dropout rates, including dropout rates and
43	43	diploma program completion rates for the grade levels served by the
44	44	diploma program.
45	45	SECTION 3. Section 19.0043(b), Education Code, is amended
46	46	to read as follows:
47	47	(b) A student may graduate and receive a diploma from a
48	48	Windham School District educational program if:
49	49	(1) the student successfully completes the curriculum
50	50	requirements identified by the State Board of Education under
51	51	Section 28.025(a) [and complies with Section 39.025]; or
52	52	(2) the student successfully completes the curriculum
53	53	requirements under Section 28.025(a) as modified by an
54	54	individualized education program developed under Section 29.005.
55	55	SECTION 4. Section 25.005(b), Education Code, is amended to
56	56	read as follows:
57	57	(b) A reciprocity agreement must:
58	58	(1) address procedures for:
59	59	(A) transferring student records; and
60	60	(B) awarding credit for completed course work;
61	61	and
62	62	[(C) permitting a student to satisfy the
63	63	requirements of Section 39.025 through successful performance on
64	64	comparable end-of-course or other exit-level assessment
65	65	instruments administered in another state; and]
66	66	(2) include appropriate criteria developed by the
67	67	agency.
68	68	SECTION 5. Section 26.005, Education Code, is amended to
69	69	read as follows:
70	70	Sec. 26.005. ACCESS TO STATE ASSESSMENTS. (a) Except as
71	71	provided by Section 39.023(e) or this section, a parent is entitled
72	72	to access to a copy of each state assessment instrument
73	73	administered under Section 39.023 to the parent's child.
74	74	(b) The agency by rule shall determine the manner in which
75	75	access to any copy of an assessment instrument adopted under
76	76	Section 39.023(a) or (c) is provided.
77	77	SECTION 6. Section 28.006(j), Education Code, is amended to
78	78	read as follows:
79	79	(j) No more than 15 percent of the funds certified by the
80	80	commissioner under Subsection (i) may be spent on indirect costs.
81	81	The commissioner shall evaluate the programs that fail to meet the
82	82	standard of performance under Section 39.301(c)(6) [39.301(c)(5)]
83	83	and may implement interventions or sanctions under Chapter 39A. The
84	84	commissioner may audit the expenditures of funds appropriated for
85	85	purposes of this section. The use of the funds appropriated for
86	86	purposes of this section shall be verified as part of the district
87	87	audit under Section 44.008.
88	88	SECTION 7. Section 28.014(a), Education Code, is amended to
89	89	read as follows:
90	90	(a) Each school district shall partner with at least one
91	91	institution of higher education to develop and provide courses in
92	92	college preparatory mathematics and English language arts. The
93	93	courses must be designed:
94	94	(1) for students at the 12th grade level whose
95	95	performance on:
96	96	(A) an [end-of-course] assessment instrument
97	97	required under Section 39.023(c) does not meet college readiness
98	98	standards; or
99	99	(B) coursework, a college entrance examination,
100	100	or an assessment instrument designated under Section 51.334
101	101	indicates that the student is not ready to perform entry-level
102	102	college coursework; and
103	103	(2) to prepare students for success in entry-level
104	104	college courses.
105	105	SECTION 8. Section 28.021(c), Education Code, is amended to
106	106	read as follows:
107	107	(c) In determining promotion under Subsection (a), a school
108	108	district shall consider:
109	109	(1) the recommendation of the student's teacher;
110	110	(2) the student's grade in each subject or course; and
111	111	(3) [the student's score on an assessment instrument
112	112	administered under Section 39.023(a), (b), or (l), to the extent
113	113	applicable; and
114	114	[(4)] any other necessary academic information, as
115	115	determined by the district.
116	116	SECTION 9. The heading to Section 28.0211, Education Code,
117	117	is amended to read as follows:
118	118	Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
119	119	INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
120	120	SECTION 10. Sections 28.0211(a-1), (c), (d), (g), (i), and
121	121	(k), Education Code, are amended to read as follows:
122	122	(a-1) Each time a student fails to perform satisfactorily on
123	123	an assessment instrument administered under Section 39.023(a) [in
124	124	the third, fourth, fifth, sixth, seventh, or eighth grade], the
125	125	school district in which the student attends school shall provide
126	126	to the student accelerated instruction in the applicable subject
127	127	area. Accelerated instruction may require participation of the
128	128	student before or after normal school hours and may include
129	129	participation at times of the year outside normal school
130	130	operations.
131	131	(c) [Each time a student fails to perform satisfactorily on
132	132	an assessment instrument specified under Subsection (a), the school
133	133	district in which the student attends school shall provide to the
134	134	student accelerated instruction in the applicable subject area,
135	135	including reading instruction for a student who fails to perform
136	136	satisfactorily on a reading assessment instrument. After a student
137	137	fails to perform satisfactorily on an assessment instrument a
138	138	second time, a grade placement committee shall be established to
139	139	prescribe the accelerated instruction the district shall provide to
140	140	the student before the student is administered the assessment
141	141	instrument the third time. The grade placement committee shall be
142	142	composed of the principal or the principal's designee, the
143	143	student's parent or guardian, and the teacher of the subject of an
144	144	assessment instrument on which the student failed to perform
145	145	satisfactorily. The district shall notify the parent or guardian
146	146	of the time and place for convening the grade placement committee
147	147	and the purpose of the committee.] An accelerated instruction
148	148	group administered by a school district under this section may not
149	149	have a ratio of more than 10 students for each teacher.
150	150	(d) In addition to providing accelerated instruction to a
151	151	student under Subsection (a-1) [(c)], the district shall notify the
152	152	student's parent or guardian of:
153	153	(1) the student's failure to perform satisfactorily on
154	154	the assessment instrument; and
155	155	(2) the accelerated instruction program to which the
156	156	student is assigned[; and
157	157	[(3) the possibility that the student might be
158	158	retained at the same grade level for the next school year].
159	159	(g) This section does not preclude the retention at a grade
160	160	level, in accordance with state law or school district policy, of a
161	161	student who performs satisfactorily on an assessment instrument
162	162	[specified under Subsection (a)].
163	163	(i) The admission, review, and dismissal committee of a
164	164	student who participates in a district's special education program
165	165	under Subchapter A, Chapter 29, and who does not perform
166	166	satisfactorily on an assessment instrument [specified under
167	167	Subsection (a) and] administered under Section 39.023(a) or (b)
168	168	must meet before the student is administered the assessment
169	169	instrument for the second time. The committee shall determine[:
170	170	[(1)] the manner in which the student will participate
171	171	in an accelerated instruction program under this section[; and
172	172	[(2) whether the student will be promoted in accordance
173	173	with Subsection (i-1) or retained under this section].
174	174	(k) The commissioner shall adopt rules as necessary to
175	175	implement this section[, including rules concerning when school
176	176	districts shall administer assessment instruments required under
177	177	this section and which administration of the assessment instruments
178	178	will be used for purposes of Section 39.054].
179	179	SECTION 11. Section 28.0217, Education Code, is amended to
180	180	read as follows:
181	181	Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
182	182	STUDENTS. Each time a student fails to perform satisfactorily on an
183	183	assessment instrument required [administered] under Section
184	184	39.023(c), the school district in which the student attends school
185	185	shall provide to the student accelerated instruction in the
186	186	applicable subject area, using funds appropriated for accelerated
187	187	instruction under Section 28.0211. Accelerated instruction may
188	188	require participation of the student before or after normal school
189	189	hours and may include participation at times of the year outside
190	190	normal school operations.
191	191	SECTION 12. Section 28.023(c), Education Code, is amended
192	192	to read as follows:
193	193	(c) A school district shall give a student in grade level
194	194	six or above credit for a subject on the basis of an examination for
195	195	credit in the subject approved by the board of trustees under
196	196	Subsection (a) if the student scores in the 80th percentile or above
197	197	on the examination or if the student achieves a score as provided by
198	198	Subsection (c-1). If a student is given credit in a subject on the
199	199	basis of an examination, the district shall enter the examination
200	200	score on the student's transcript [and the student is not required
201	201	to take an end-of-course assessment instrument adopted under
202	202	Section 39.023(c) for that subject].
203	203	SECTION 13. Sections 28.025(b-4), (b-7), (c), (c-8), and
204	204	(e), Education Code, are amended to read as follows:
205	205	(b-4) A school district may offer the curriculum described
206	206	in Subsections (b-1)(1) through (4) in an applied manner. Courses
207	207	delivered in an applied manner must cover the essential knowledge
208	208	and skills[, and the student shall be administered the applicable
209	209	end-of-course assessment instrument as provided by Sections
210	210	39.023(c) and 39.025].
211	211	(b-7) The State Board of Education, in coordination with the
212	212	Texas Higher Education Coordinating Board, shall adopt rules to
213	213	ensure that a student may comply with the curriculum requirements
214	214	under the foundation high school program or for an endorsement
215	215	under Subsection (c-1) by successfully completing appropriate
216	216	courses in the core curriculum of an institution of higher
217	217	education under Section 61.822. Notwithstanding Subsection (b-15)
218	218	or (c) [of this section, Section 39.025,] or any other provision of
219	219	this code and notwithstanding any school district policy, a student
220	220	who has completed the core curriculum of an institution of higher
221	221	education under Section 61.822, as certified by the institution in
222	222	accordance with commissioner rule, is considered to have earned a
223	223	distinguished level of achievement under the foundation high school
224	224	program and is entitled to receive a high school diploma from the
225	225	appropriate high school as that high school is determined in
226	226	accordance with commissioner rule. A student who is considered to
227	227	have earned a distinguished level of achievement under the
228	228	foundation high school program under this subsection may apply for
229	229	admission to an institution of higher education for the first
230	230	semester or other academic term after the semester or other
231	231	academic term in which the student completes the core curriculum.
232	232	(c) A person may receive a diploma if the person is eligible
233	233	for a diploma under Section 28.0251. In other cases, a student may
234	234	graduate and receive a diploma only if:
235	235	(1) the student successfully completes the curriculum
236	236	requirements identified by the State Board of Education under
237	237	Subsection (a) and complies with Section [Sections] 28.0256 [and
238	238	39.025]; or
239	239	(2) the student successfully completes an
240	240	individualized education program developed under Section 29.005.
241	241	(c-8) For purposes of Subsection (c-7), the admission,
242	242	review, and dismissal committee of a student in a special education
243	243	program under Subchapter A, Chapter 29, shall determine whether the
244	244	student is required to achieve satisfactory performance on an
245	245	[end-of-course] assessment instrument required under Section
246	246	39.023(c) to earn an endorsement on the student's transcript.
247	247	(e) Each school district shall report the academic
248	248	achievement record of students who have completed the foundation
249	249	high school program on transcript forms adopted by the State Board
250	250	of Education. [The transcript forms adopted by the board must be
251	251	designed to clearly identify whether a student received a diploma
252	252	or a certificate of coursework completion.]
253	253	SECTION 14. Sections 28.02541(a) and (d), Education Code,
254	254	are amended to read as follows:
255	255	(a) This section applies only to a student who:
256	256	(1) entered the ninth grade before the 2011-2012
257	257	school year; and
258	258	(2) successfully completed the curriculum
259	259	requirements for high school graduation applicable to the student
260	260	when the student entered the ninth grade[;
261	261	[(3) has not performed satisfactorily on an assessment
262	262	instrument or a part of an assessment instrument required for high
263	263	school graduation, including an alternate assessment instrument
264	264	offered under Section 39.025(c-2); and
265	265	[(4) has been administered the assessment instrument
266	266	or the part of the assessment instrument for which the student has
267	267	not performed satisfactorily at least three times].
268	268	(d) In adopting rules under Subsection (c)(2), the
269	269	commissioner may authorize as an alternative requirement:
270	270	(1) [an alternative assessment instrument and
271	271	performance standard for that assessment instrument;
272	272	[(2)] work experience; or
273	273	(2) [(3)] military or other relevant life experience.
274	274	SECTION 15. Section 28.0255(g), Education Code, is amended
275	275	to read as follows:
276	276	(g) A student is entitled to a high school diploma if the
277	277	student[:
278	278	[(1)] successfully complies with the curriculum
279	279	requirements specified under Subsection (e)[; and
280	280	[(2) performs satisfactorily, as determined by the
281	281	commissioner under Subsection (h), on end-of-course assessment
282	282	instruments listed under Section 39.023(c) for courses in which the
283	283	student was enrolled].
284	284	SECTION 16. Section 28.02591(a), Education Code, is amended
285	285	to read as follows:
286	286	(a) The Texas Higher Education Coordinating Board, in
287	287	coordination with the agency, shall collect longitudinal data
288	288	relating to the post-graduation pursuits of each student who is
289	289	awarded a diploma based on the determination of an individual
290	290	graduation committee under former Section 28.0258, as that section
291	291	existed on January 1, 2021 [before September 1, 2023], including
292	292	whether the student:
293	293	(1) enters the workforce;
294	294	(2) enrolls in an associate degree or certificate
295	295	program at a public or private institution of higher education;
296	296	(3) enrolls in a bachelor's degree program at a public
297	297	or private institution of higher education; or
298	298	(4) enlists in the armed forces of the United States or
299	299	the Texas National Guard.
300	300	SECTION 17. Section 29.056(g), Education Code, is amended
301	301	to read as follows:
302	302	(g) A district may transfer a student of limited English
303	303	proficiency out of a bilingual education or special language
304	304	program for the first time or a subsequent time if the student is
305	305	able to participate equally in a regular all-English instructional
306	306	program as determined by:
307	307	(1) agency-approved tests administered at the end of
308	308	each school year to determine the extent to which the student has
309	309	developed oral and written language proficiency and specific
310	310	language skills in English;
311	311	(2) satisfactory performance on the reading
312	312	assessment instrument under Section 39.023(a) or the [an] English
313	313	language arts portion of the assessment instrument under Section
314	314	39.023(c), as applicable, with the assessment instrument
315	315	administered in English, or, if the student is enrolled in the first
316	316	or second grade, an achievement score at or above the 40th
317	317	percentile in the reading and language arts sections of an English
318	318	standardized test approved by the agency; and
319	319	(3) agency-approved criterion-referenced tests and
320	320	the results of a subjective teacher evaluation.
321	321	SECTION 18. Sections 29.081(b) and (b-1), Education Code,
322	322	are amended to read as follows:
323	323	(b) Each district shall provide accelerated instruction to
324	324	a student enrolled in the district who has taken the [an
325	325	end-of-course] assessment instrument required [administered] under
326	326	Section 39.023(c) and has not performed satisfactorily [on the
327	327	assessment instrument] or who is at risk of dropping out of school.
328	328	(b-1) Each school district shall offer before the next
329	329	scheduled administration of the assessment instrument, without
330	330	cost to the student, additional accelerated instruction to each
331	331	student in any subject in which the student failed to perform
332	332	satisfactorily on the [an end-of-course] assessment instrument
333	333	required under Section 39.023(c) [for graduation].
334	334	SECTION 19. Sections 29.087(f) and (l), Education Code, are
335	335	amended to read as follows:
336	336	(f) A student participating in a program authorized by this
337	337	section, other than a student ordered to participate under
338	338	Subsection (d)(1), [must have taken the appropriate end-of-course
339	339	assessment instruments specified by Section 39.023(c) before
340	340	entering the program and] must take the [each appropriate
341	341	end-of-course] assessment instrument required under Section
342	342	39.023(c) before or [administered] during the period in which the
343	343	student is enrolled in the program. Except for a student ordered to
344	344	participate under Subsection (d)(1), a student participating in the
345	345	program may not take the high school equivalency examination unless
346	346	the student has taken the assessment instrument [instruments]
347	347	required by this subsection.
348	348	(l) The commissioner may revoke a school district's or
349	349	open-enrollment charter school's authorization under this section
350	350	after consideration of relevant factors, including [performance of
351	351	students participating in the district's or school's program on
352	352	assessment instruments required under Chapter 39,] the percentage
353	353	of students participating in the district's or school's program who
354	354	complete the program and perform successfully on the high school
355	355	equivalency examination[,] and other criteria adopted by the
356	356	commissioner. A decision by the commissioner under this subsection
357	357	is final and may not be appealed.
358	358	SECTION 20. Sections 29.259(g), (i), and (o), Education
359	359	Code, are amended to read as follows:
360	360	(g) A person who is at least 18 years of age and not more
361	361	than 50 years of age is eligible to enroll in the adult education
362	362	program under this section if the person:
363	363	(1) has failed to complete the curriculum requirements
364	364	for high school graduation; or
365	365	(2) has failed to perform satisfactorily on an
366	366	assessment instrument that, before the 2021-2022 school year, was
367	367	required for high school graduation.
368	368	(i) A charter granted under this section must:
369	369	(1) include a description of the adult education
370	370	program to be offered under this section; and
371	371	(2) establish specific, objective standards for
372	372	receiving a high school diploma, including[:
373	373	[(A)] successful completion of:
374	374	(A) [(i)] if applicable to the program
375	375	participant, the curriculum requirements under Section 28.025; or
376	376	(B) [(ii)] the appropriate curriculum
377	377	requirements applicable to the program participant[; and
378	378	[(B) satisfactory performance on the
379	379	standardized secondary exit-level assessment instrument described
380	380	by Subsection (c)].
381	381	(o) The commissioner shall develop and adopt performance
382	382	frameworks that establish standards by which to measure the
383	383	performance of an adult high school program operated under a
384	384	charter granted under this section in a manner consistent with the
385	385	requirements provided for an open-enrollment charter school under
386	386	Sections 12.1181(a) and (b). The commissioner shall include in the
387	387	performance frameworks adopted under this subsection the following
388	388	performance indicators:
389	389	(1) [the percentage of program participants who
390	390	performed satisfactorily on the standardized secondary exit-level
391	391	assessment instrument described by Subsection (c);
392	392	[(2)] the percentage of program participants who
393	393	successfully completed the high school program and earned a high
394	394	school diploma;
395	395	(2) [(3)] the percentage of program participants who
396	396	successfully completed career and technology education courses and
397	397	obtained industry certification;
398	398	(3) [(4)] the percentage of program participants who
399	399	have enrolled in an institution of higher education or private or
400	400	independent institution of higher education, as those terms are
401	401	defined under Section 61.003; and
402	402	(4) [(5)] the percentage of program participants who
403	403	earned a wage, salary, or other income increase that was
404	404	significant as determined and reported by the Texas Workforce
405	405	Commission.
406	406	SECTION 21. Sections 29.402(b) and (c), Education Code, are
407	407	amended to read as follows:
408	408	(b) A person who is under 26 years of age is eligible to
409	409	enroll in a dropout recovery program under this subchapter if the
410	410	person:
411	411	(1) must complete not more than three course credits
412	412	to complete the curriculum requirements for the foundation high
413	413	school program for high school graduation; or
414	414	(2) has failed to perform satisfactorily on:
415	415	(A) an [end-of-course] assessment instrument
416	416	required [administered] under Section 39.023(c);
417	417	(B) an assessment instrument administered under
418	418	Section 39.023(c) as that section existed before amendment by _.B.
419	419	___, Acts of the 87th Legislature, Regular Session, 2021; or
420	420	(C) an assessment instrument administered under
421	421	Section 39.023(c) as that section existed before amendment by
422	422	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
423	423	Session, 2007.
424	424	(c) A public junior college under this section shall:
425	425	(1) design a dropout recovery curriculum that includes
426	426	career and technology education courses that lead to industry or
427	427	career certification;
428	428	(2) integrate into the dropout recovery curriculum
429	429	research-based strategies to assist students in becoming able
430	430	academically to pursue postsecondary education, including:
431	431	(A) high quality, college readiness instruction
432	432	with strong academic and social supports;
433	433	(B) secondary to postsecondary bridging that
434	434	builds college readiness skills, provides a plan for college
435	435	completion, and ensures transition counseling; and
436	436	(C) information concerning appropriate supports
437	437	available in the first year of postsecondary enrollment to ensure
438	438	postsecondary persistence and success, to the extent funds are
439	439	available for the purpose;
440	440	(3) offer advanced academic and transition
441	441	opportunities, including dual credit courses and college
442	442	preparatory courses, such as advanced placement courses; and
443	443	(4) coordinate with each partnering school district to
444	444	provide in the articulation agreement that the district retains
445	445	accountability for student attendance and[,] student completion of
446	446	high school course requirements[, and student performance on
447	447	assessment instruments] as necessary for the student to receive a
448	448	diploma from a high school of the partnering school district.
449	449	SECTION 22. Section 30.021(e), Education Code, is amended
450	450	to read as follows:
451	451	(e) The school shall cooperate with public and private
452	452	agencies and organizations serving students and other persons with
453	453	visual impairments in the planning, development, and
454	454	implementation of effective educational and rehabilitative service
455	455	delivery systems associated with educating students with visual
456	456	impairments. To maximize and make efficient use of state
457	457	facilities, funding, and resources, the services provided in this
458	458	area may include conducting a cooperative program with other
459	459	agencies to serve students who have graduated from high school by
460	460	completing all academic requirements applicable to students in
461	461	regular education[, excluding satisfactory performance under
462	462	Section 39.025,] who are younger than 22 years of age on September 1
463	463	of the school year and who have identified needs related to
464	464	vocational training, independent living skills, orientation and
465	465	mobility, social and leisure skills, compensatory skills, or
466	466	remedial academic skills.
467	467	SECTION 23. Section 30.104(b), Education Code, is amended
468	468	to read as follows:
469	469	(b) A student may graduate and receive a diploma from a
470	470	department educational program if:
471	471	(1) the student successfully completes the curriculum
472	472	requirements identified by the State Board of Education under
473	473	Section 28.025(a) [and complies with Section 39.025]; or
474	474	(2) the student successfully completes the curriculum
475	475	requirements under Section 28.025(a) as modified by an
476	476	individualized education program developed under Section 29.005.
477	477	SECTION 24. Section 32.258(b), Education Code, is amended
478	478	to read as follows:
479	479	(b) The system established under Subsection (a) shall
480	480	provide a means for a student or the student's parent or other
481	481	person standing in parental relationship to track the student's
482	482	progress on assessment instruments [instrument requirements for
483	483	graduation].
484	484	SECTION 25. Section 37.008(m), Education Code, is amended
485	485	to read as follows:
486	486	(m) The commissioner shall adopt rules necessary to
487	487	evaluate annually the performance of each district's disciplinary
488	488	alternative education program established under this subchapter.
489	489	The evaluation required by this section shall be based on
490	490	indicators defined by the commissioner[, but must include student
491	491	performance on assessment instruments required under Sections
492	492	39.023(a) and (c)]. Academically, the mission of disciplinary
493	493	alternative education programs shall be to enable students to
494	494	perform at grade level.
495	495	SECTION 26. Section 39.023(a), Education Code, as effective
496	496	until September 1, 2021, is amended to read as follows:
497	497	(a) The agency shall adopt nationally recognized [or
498	498	develop appropriate criterion-referenced] assessment instruments
499	499	designed to assess essential knowledge and skills in reading,
500	500	[writing,] mathematics, [social studies,] and science. Except as
501	501	provided by Subsection (a-2), all students, other than students
502	502	assessed under Subsection (b) or (l) or exempted under Section
503	503	39.027, shall be assessed in:
504	504	(1) mathematics, annually in grades three through
505	505	eight;
506	506	(2) reading, annually in grades three through eight;
507	507	and
508	508	(3) [writing, including spelling and grammar, in
509	509	grades four and seven;
510	510	[(4) social studies, in grade eight;
511	511	[(5)] science, in grades five and eight[; and
512	512	[(6) any other subject and grade required by federal
513	513	law].
514	514	SECTION 27. Section 39.023(a), Education Code, as effective
515	515	September 1, 2021, is amended to read as follows:
516	516	(a) The agency shall adopt nationally recognized [or
517	517	develop appropriate criterion-referenced] assessment instruments
518	518	designed to assess essential knowledge and skills in reading,
519	519	mathematics, [social studies,] and science. Except as provided by
520	520	Subsection (a-2), all students, other than students assessed under
521	521	Subsection (b) or (l) or exempted under Section 39.027, shall be
522	522	assessed in:
523	523	(1) mathematics, annually in grades three through
524	524	eight;
525	525	(2) reading, annually in grades three through eight;
526	526	and
527	527	(3) [social studies, in grade eight;
528	528	[(4)] science, in grades five and eight[; and
529	529	[(5) any other subject and grade required by federal
530	530	law].
531	531	SECTION 28. Section 39.023, Education Code, is amended by
532	532	amending Subsections (a-2), (a-3), (a-11), (a-12), (a-13), (c),
533	533	(c-1), (c-4), (c-5), (d), (e), (f), (g), (h), (i), and (p) and
534	534	adding Subsection (h-1) to read as follows:
535	535	(a-2) Except as required by federal law, a student is not
536	536	required to be assessed in a subject otherwise assessed at the
537	537	student's grade level under Subsection (a) if the student[:
538	538	[(1)] is enrolled in a course in the subject intended
539	539	for students above the student's grade level and will be
540	540	administered an assessment instrument adopted [or developed] under
541	541	Subsection (a) that aligns with the curriculum for the course in
542	542	which the student is enrolled[; or
543	543	[(2) is enrolled in a course in the subject for which
544	544	the student will receive high school academic credit and will be
545	545	administered an end-of-course assessment instrument adopted under
546	546	Subsection (c) for the course].
547	547	(a-3) The agency may not adopt [or develop] a
548	548	criterion-referenced assessment instrument under this section
549	549	based on common core state standards as defined by Section
550	550	28.002(b-1). This subsection does not prohibit the use of college
551	551	advanced placement tests or international baccalaureate
552	552	examinations as those terms are defined by Section 28.051.
553	553	(a-11) Before an assessment instrument adopted [or
554	554	developed] under Subsection (a) may be administered under that
555	555	subsection, the assessment instrument must, on the basis of
556	556	empirical evidence, be determined to be valid and reliable by an
557	557	entity that is independent of the agency and of any other entity
558	558	that developed the assessment instrument.
559	559	(a-12) An assessment instrument adopted [or developed]
560	560	under Subsection (a) may not have more than three parts. A part of
561	561	an assessment instrument must be designed so that:
562	562	(1) if administered to students in grades three and
563	563	four, 85 percent of students will be able to complete that part
564	564	within 60 minutes; and
565	565	(2) if administered to students in grades five through
566	566	eight, 85 percent of students will be able to complete that part
567	567	within 75 minutes.
568	568	(a-13) The amount of time allowed for administration of an
569	569	assessment instrument adopted [or developed] under Subsection (a)
570	570	may not exceed eight hours, and the administration may occur in
571	571	multiple parts over more than one day.
572	572	(c) The agency shall also adopt a nationally recognized
573	573	multiple subject assessment instrument to be administered to
574	574	students in grade 11 to assess essential knowledge and skills in
575	575	mathematics, English language arts, and science [end-of-course
576	576	assessment instruments for secondary-level courses in Algebra I,
577	577	biology, English I, English II, and United States history. The
578	578	Algebra I end-of-course assessment instrument must be administered
579	579	with the aid of technology, but may include one or more parts that
580	580	prohibit the use of technology. The English I and English II
581	581	end-of-course assessment instruments must each assess essential
582	582	knowledge and skills in both reading and writing and must provide a
583	583	single score. A school district shall comply with State Board of
584	584	Education rules regarding administration of the assessment
585	585	instruments listed in this subsection]. If a student is in a
586	586	special education program under Subchapter A, Chapter 29, the
587	587	student's admission, review, and dismissal committee shall
588	588	determine whether any allowable modification is necessary in
589	589	administering to the student the [an] assessment instrument
590	590	required under this subsection. [The State Board of Education
591	591	shall administer the assessment instruments. An end-of-course
592	592	assessment instrument may be administered in multiple parts over
593	593	more than one day. The State Board of Education shall adopt a
594	594	schedule for the administration of end-of-course assessment
595	595	instruments that complies with the requirements of Subsection
596	596	(c-3).]
597	597	(c-1) The agency shall ensure that each [develop any]
598	598	assessment instrument adopted [required] under this section [in a
599	599	manner that] allows for the measurement of annual improvement in
600	600	student achievement as required by Sections 39.034(c) and (d).
601	601	(c-4) To the extent practicable and subject to Section
602	602	39.024, the agency shall ensure that each [end-of-course]
603	603	assessment instrument adopted under Subsection (c) is:
604	604	(1) capable of measuring [developed in a manner that
605	605	measures] a student's performance under the college readiness
606	606	standards established under Section 28.008; and
607	607	(2) validated by national postsecondary education
608	608	experts for college readiness content and performance standards.
609	609	(c-5) A student's performance on an [end-of-course]
610	610	assessment instrument required under Subsection (c) must be
611	611	included in the student's academic achievement record.
612	612	(d) The commissioner may participate in multistate efforts
613	613	to develop voluntary standardized secondary-level [end-of-course]
614	614	assessment instruments. [The commissioner by rule may require a
615	615	school district to administer an end-of-course assessment
616	616	instrument developed through the multistate efforts.] The
617	617	admission, review, and dismissal committee of a student in a
618	618	special education program under Subchapter A, Chapter 29, shall
619	619	determine whether any allowable modification is necessary in
620	620	administering to the student an [end-of-course] assessment
621	621	instrument.
622	622	(e) Under rules adopted by the State Board of Education,
623	623	every third year, the agency shall release the questions and answer
624	624	keys to each assessment instrument administered under Subsection
625	625	[(a),] (b), [(c),] (d), or (l), excluding any assessment instrument
626	626	administered to a student for the purpose of retaking the
627	627	assessment instrument, after the last time the instrument is
628	628	administered for that school year. To ensure a valid bank of
629	629	questions for use each year, the agency is not required to release a
630	630	question that is being field-tested and was not used to compute the
631	631	student's score on the instrument. The agency shall also release,
632	632	under board rule, each question that is no longer being
633	633	field-tested and that was not used to compute a student's score.
634	634	[During the 2014-2015 and 2015-2016 school years, the agency shall
635	635	release the questions and answer keys to assessment instruments as
636	636	described by this subsection each year.]
637	637	(f) An [The] assessment instrument may not be adopted under
638	638	this section unless the assessment instrument is [instruments shall
639	639	be] designed to include assessment of a student's problem-solving
640	640	ability and complex-thinking skills using a method of assessing
641	641	those abilities and skills that is demonstrated to be highly
642	642	reliable.
643	643	(g) An [The State Board of Education may adopt one
644	644	appropriate, nationally recognized, norm-referenced] assessment
645	645	instrument adopted under Subsection (a) or (c) [in reading and
646	646	mathematics to be administered to a selected sample of students in
647	647	the spring. If adopted, a norm-referenced assessment instrument]
648	648	must be a secured test. The commissioner shall contract with a
649	649	nationally recognized vendor to administer the assessment
650	650	instruments described by this subsection, complete the scoring of
651	651	the assessment instruments, and distribute within a reasonable
652	652	period the results to the agency and the relevant results to each
653	653	school district. As soon as practicable after the district
654	654	receives the results from the vendor under this subsection, the
655	655	district shall:
656	656	(1) distribute the relevant results to each district
657	657	campus; and
658	658	(2) provide written notice to the student and the
659	659	person standing in parental relation to the student that states the
660	660	student's results and whether the student performed satisfactorily
661	661	on the assessment instrument or test [The state may pay the costs of
662	662	purchasing and scoring the adopted assessment instrument and of
663	663	distributing the results of the adopted instrument to the school
664	664	districts. A district that administers the norm-referenced test
665	665	adopted under this subsection shall report the results to the
666	666	agency in a manner prescribed by the commissioner].
667	667	(h) Except as provided by Subsection (g), the [The] agency
668	668	shall notify school districts and campuses of the results of
669	669	assessment instruments administered under this section not later
670	670	than the 21st day after the date the assessment instrument is
671	671	administered.
672	672	(h-1) A [The] school district shall disclose to each
673	673	district teacher the results of assessment instruments
674	674	administered to students taught by the teacher in the subject for
675	675	the school year in which the assessment instrument is administered.
676	676	(i) Except as provided by this subsection, the [The]
677	677	provisions of this section[, except Subsection (d),] are subject to
678	678	modification by rules adopted under Section 39.022. The provisions
679	679	of Subsection (d) and the provisions requiring the agency to adopt a
680	680	nationally recognized assessment instrument are not subject to
681	681	modification by rules adopted under Section 39.022. Each
682	682	assessment instrument adopted under [those] rules adopted under
683	683	Section 39.022 and each assessment instrument required under
684	684	Subsections (a), (c), and [Subsection] (d) must be reliable and
685	685	valid and must meet any applicable federal requirements for
686	686	measurement of student progress.
687	687	(p) On or before September 1 of each year, the commissioner
688	688	shall make the following information available on the agency's
689	689	Internet website for each assessment instrument administered under
690	690	Subsection [(a), (c), or] (l):
691	691	(1) the number of questions on the assessment
692	692	instrument;
693	693	(2) the number of questions that must be answered
694	694	correctly to achieve satisfactory performance as determined by the
695	695	commissioner under Section 39.0241(a);
696	696	(3) the number of questions that must be answered
697	697	correctly to achieve satisfactory performance under the college
698	698	readiness performance standard as provided by Section 39.0241; and
699	699	(4) the corresponding scale scores.
700	700	SECTION 29. The heading to Section 39.0232, Education Code,
701	701	is amended to read as follows:
702	702	Sec. 39.0232. CERTAIN USE OF SECONDARY-LEVEL
703	703	[END-OF-COURSE] ASSESSMENT INSTRUMENT [AS PLACEMENT INSTRUMENT;
704	704	CERTAIN USES] PROHIBITED.
705	705	SECTION 30. Section 39.0232(b), Education Code, is amended
706	706	to read as follows:
707	707	(b) A student's performance on an [end-of-course]
708	708	assessment instrument required under Section 39.023(c) may not be
709	709	used[:
710	710	[(1)] in determining the student's class ranking for
711	711	any purpose[, including entitlement to automatic college admission
712	712	under Section 51.803 or 51.804; or
713	713	[(2) as a sole criterion in the determination of
714	714	whether to admit the student to a general academic teaching
715	715	institution in this state].
716	716	SECTION 31. Section 39.0234, Education Code, is amended to
717	717	read as follows:
718	718	Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
719	719	INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]
720	720	agency shall ensure that assessment instruments required under
721	721	Section 39.023 are capable of being administered electronically.
722	722	(b) Subsection (a) does not apply to a nationally recognized
723	723	assessment instrument adopted by the agency under Section 39.023(a)
724	724	or (c).
725	725	SECTION 32. Section 39.024(i), Education Code, is amended
726	726	to read as follows:
727	727	(i) The agency shall gather data and conduct research to
728	728	substantiate any correlation between a certain level of performance
729	729	by students on the [end-of-course] assessment instrument required
730	730	under Section 39.023(c) [instruments] and success in:
731	731	(1) military service; or
732	732	(2) a workforce training, certification, or other
733	733	credential program at a postsecondary educational institution that
734	734	primarily offers associate degrees or certificates or credentials
735	735	other than baccalaureate or advanced degrees.
736	736	SECTION 33. The heading to Section 39.025, Education Code,
737	737	is amended to read as follows:
738	738	Sec. 39.025. USE OF SECONDARY-LEVEL ASSESSMENT INSTRUMENT
739	739	[SECONDARY-LEVEL PERFORMANCE REQUIRED].
740	740	SECTION 34. Sections 39.025(a), (b-1), and (f), Education
741	741	Code, are amended to read as follows:
742	742	(a) The commissioner shall adopt rules requiring a student
743	743	in the foundation high school program under Section 28.025 to be
744	744	administered the [an end-of-course] assessment instrument required
745	745	under [listed in] Section 39.023(c) [only for a course in which the
746	746	student is enrolled and for which an end-of-course assessment
747	747	instrument is administered]. Each student's performance on the
748	748	assessment instrument shall be evaluated to determine whether the
749	749	[A] student achieved [is required to achieve] a scale score that
750	750	indicates satisfactory performance, as determined by the
751	751	commissioner under Section 39.0241(a)[, on each end-of-course
752	752	assessment instrument administered to the student]. The results of
753	753	the administration of the assessment instrument may not be used as
754	754	criteria for graduation. The results may be used only for the
755	755	purpose of diagnosing the academic strengths and deficiencies of a
756	756	student and guiding specific instruction to the student. [For each
757	757	scale score required under this subsection that is not based on a
758	758	100-point scale scoring system, the commissioner shall provide for
759	759	conversion, in accordance with commissioner rule, of the scale
760	760	score to an equivalent score based on a 100-point scale scoring
761	761	system. A student may not receive a high school diploma until the
762	762	student has performed satisfactorily on end-of-course assessment
763	763	instruments in the manner provided under this subsection. This
764	764	subsection does not require a student to demonstrate readiness to
765	765	enroll in an institution of higher education.]
766	766	(b-1) A school district shall provide each student who fails
767	767	to perform satisfactorily as determined by the commissioner under
768	768	Section 39.0241(a) on the [an end-of-course] assessment instrument
769	769	required under Section 39.023(c) with accelerated instruction in
770	770	the relevant subject [assessed by the assessment instrument].
771	771	(f) The commissioner shall [by rule] adopt rules [a
772	772	transition plan] to implement the amendments made by _.B. __, Acts
773	773	of the 87th Legislature, Regular Session, 2021 [Chapter 1312 (S.B.
774	774	No. 1031), Acts of the 80th Legislature, Regular Session, 2007],
775	775	replacing end-of-course [general subject] assessment instruments
776	776	administered at the high school level with a nationally recognized,
777	777	multiple subject [end-of-course] assessment instrument
778	778	[instruments]. The rules must provide for:
779	779	(1) the assessment instrument [end-of-course
780	780	assessment instruments] adopted under Section 39.023(c) to be
781	781	administered beginning with [students enrolled in the ninth grade
782	782	for the first time during] the 2021-2022 [2011-2012] school year;
783	783	and
784	784	(2) an exemption from the requirement under
785	785	Subdivision (1)[. During the period under which the transition to
786	786	end-of-course assessment instruments is made:
787	787	[(1)] for students who, before [entering a grade above
788	788	the ninth grade during] the 2021-2022 [2011-2012] school year, have
789	789	been administered the Algebra I, biology, English I, and English II
790	790	end-of-course assessment instruments [or students repeating ninth
791	791	grade during the 2011-2012 school year, the commissioner shall
792	792	retain, administer, and use for purposes of accreditation and other
793	793	campus and district accountability measures under this chapter the
794	794	assessment instruments required by Section 39.023(a) or (c), as
795	795	that section existed before amendment by Chapter 1312 (S.B.
796	796	No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and
797	797	[(2) a student subject to Subdivision (1) may not
798	798	receive a high school diploma unless the student has performed
799	799	satisfactorily on the SAT, the ACT, the Texas Success Initiative
800	800	(TSI) diagnostic assessment, or the current assessment instrument
801	801	or instruments administered for graduation purposes as provided by
802	802	Subsection (f-1) or on each required assessment instrument
803	803	administered] under Section 39.023(c), as that section existed on
804	804	January 1, 2021 [before amendment by Chapter 1312 (S.B. No. 1031),
805	805	Acts of the 80th Legislature, Regular Session, 2007].
806	806	SECTION 35. Section 39.034(d), Education Code, is amended
807	807	to read as follows:
808	808	(d) The agency shall determine the necessary annual
809	809	improvement required each year for a student to be prepared to
810	810	perform satisfactorily on, as applicable:
811	811	(1) the grade five assessment instruments;
812	812	(2) the grade eight assessment instruments; and
813	813	(3) the [end-of-course] assessment instrument
814	814	[instruments] required under Section 39.023(c) [this subchapter
815	815	for graduation].
816	816	SECTION 36. Section 39.035(a), Education Code, is amended
817	817	to read as follows:
818	818	(a) Subject to Subsection (b), the agency may conduct field
819	819	testing of questions for any assessment instrument administered
820	820	under Section 39.023(b) [39.023(a), (b), (c)], (d), or (l) that is
821	821	separate from the administration of the assessment instrument not
822	822	more frequently than every other school year.
823	823	SECTION 37. Section 39.053(c), Education Code, is amended
824	824	to read as follows:
825	825	(c) School districts and campuses must be evaluated based on
826	826	three domains of indicators of achievement adopted under this
827	827	section that include:
828	828	(1) in the student achievement domain, indicators of
829	829	student achievement that must include:
830	830	(A) for evaluating the performance of districts
831	831	and campuses generally, [:
832	832	[(i)] an indicator determined by the
833	833	commissioner that may not include [that accounts for] the results
834	834	of assessment instruments required under Section 39.023 [Sections
835	835	39.023(a), (c), and (l), as applicable for the district and campus,
836	836	including the results of assessment instruments required for
837	837	graduation retaken by a student, aggregated across grade levels by
838	838	subject area, including:
839	839	[(a) for the performance standard
840	840	determined by the commissioner under Section 39.0241(a), the
841	841	percentage of students who performed satisfactorily on the
842	842	assessment instruments, aggregated across grade levels by subject
843	843	area; and
844	844	[(b) for the college readiness
845	845	performance standard as determined under Section 39.0241, the
846	846	percentage of students who performed satisfactorily on the
847	847	assessment instruments, aggregated across grade levels by subject
848	848	area; and
849	849	[(ii) an indicator that accounts for the
850	850	results of assessment instruments required under Section
851	851	39.023(b), as applicable for the district and campus, including the
852	852	percentage of students who performed satisfactorily on the
853	853	assessment instruments, as determined by the performance standard
854	854	adopted by the agency, aggregated across grade levels by subject
855	855	area]; and
856	856	(B) for evaluating the performance of high school
857	857	campuses and districts that include high school campuses,
858	858	indicators that account for:
859	859	(i) students who satisfy the Texas Success
860	860	Initiative (TSI) college readiness benchmarks prescribed by the
861	861	Texas Higher Education Coordinating Board under Section 51.334 on
862	862	an assessment instrument in reading or mathematics designated by
863	863	the coordinating board under that section;
864	864	(ii) students who satisfy relevant
865	865	performance standards on advanced placement tests or similar
866	866	assessments;
867	867	(iii) students who earn dual course credits
868	868	in the dual credit courses;
869	869	(iv) students who enlist in the armed
870	870	forces of the United States;
871	871	(v) students who earn industry
872	872	certifications;
873	873	(vi) students admitted into postsecondary
874	874	industry certification programs that require as a prerequisite for
875	875	entrance successful performance at the secondary level;
876	876	(vii) students whose successful completion
877	877	of a course or courses under Section 28.014 indicates the student's
878	878	preparation to enroll and succeed, without remediation, in an
879	879	entry-level general education course for a baccalaureate degree or
880	880	associate degree;
881	881	(viii) students who successfully met
882	882	standards on a composite of indicators that through research
883	883	indicates the student's preparation to enroll and succeed, without
884	884	remediation, in an entry-level general education course for a
885	885	baccalaureate degree or associate degree;
886	886	(ix) high school graduation rates, computed
887	887	in accordance with standards and definitions adopted in compliance
888	888	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
889	889	subject to the exclusions provided by Subsections (g), (g-1),
890	890	(g-2), [and] (g-3), and (g-4);
891	891	(x) students who successfully completed an
892	892	OnRamps dual enrollment course;
893	893	(xi) students who successfully completed a
894	894	practicum or internship approved by the State Board of Education;
895	895	and
896	896	(xii) students who are awarded an associate
897	897	degree;
898	898	(2) in the school progress domain, indicators for
899	899	effectiveness in promoting student learning, which must include[:
900	900	[(A) for assessment instruments, including
901	901	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
902	902	percentage of students who met the standard for improvement, as
903	903	determined by the commissioner; and
904	904	[(B) for evaluating relative performance,] the
905	905	performance of districts and campuses compared to similar districts
906	906	or campuses; and
907	907	(3) in the closing the gaps domain, the use of
908	908	disaggregated data to demonstrate the differentials among students
909	909	from different racial and ethnic groups, socioeconomic
910	910	backgrounds, and other factors, including:
911	911	(A) students formerly receiving special
912	912	education services;
913	913	(B) students continuously enrolled; and
914	914	(C) students who are mobile.
915	915	SECTION 38. Section 39.054(b-1), Education Code, is amended
916	916	to read as follows:
917	917	(b-1) Consideration of the effectiveness of district
918	918	programs under Section 39.052(b)(2)(B) or (C):
919	919	(1) must[:
920	920	[(A)] be based on data collected through the
921	921	Public Education Information Management System (PEIMS) for
922	922	purposes of accountability under this chapter; and
923	923	[(B) include the results of assessments required
924	924	under Section 39.023; and]
925	925	(2) may be based on the results of a special
926	926	accreditation investigation conducted under Section 39.057.
927	927	SECTION 39. Section 39.055, Education Code, is amended to
928	928	read as follows:
929	929	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
930	930	IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
931	931	PURPOSES. Notwithstanding any other provision of this code except
932	932	to the extent otherwise provided under Section 39.053(g-3), for
933	933	purposes of determining the performance of a school district,
934	934	campus, or open-enrollment charter school under this chapter, a
935	935	student ordered by a juvenile court into a residential program or
936	936	facility operated by or under contract with the Texas Juvenile
937	937	Justice Department, a juvenile board, or any other governmental
938	938	entity or any student who is receiving treatment in a residential
939	939	facility is not considered to be a student of the school district in
940	940	which the program or facility is physically located or of an
941	941	open-enrollment charter school, as applicable. The performance of
942	942	such a student on an [assessment instrument or other] achievement
943	943	indicator adopted under Section 39.053 or reporting indicator
944	944	adopted under Section 39.301 shall be determined, reported, and
945	945	considered separately from the performance of students attending a
946	946	school of the district in which the program or facility is
947	947	physically located or an open-enrollment charter school, as
948	948	applicable.
949	949	SECTION 40. Section 39.203(c), Education Code, is amended
950	950	to read as follows:
951	951	(c) In addition to the distinction designations described
952	952	by Subsections (a) and (b), a campus that satisfies the criteria
953	953	developed under Section 39.204 shall be awarded a distinction
954	954	designation by the commissioner for outstanding performance in
955	955	academic achievement in English language arts, mathematics, or
956	956	science[, or social studies].
957	957	SECTION 41. Sections 39.301(c) and (d), Education Code, are
958	958	amended to read as follows:
959	959	(c) Indicators for reporting purposes must include:
960	960	(1) the percentage of graduating students who meet the
961	961	course requirements established by State Board of Education rule
962	962	for:
963	963	(A) the foundation high school program;
964	964	(B) the distinguished level of achievement under
965	965	the foundation high school program; and
966	966	(C) each endorsement described by Section
967	967	28.025(c-1);
968	968	(2) the results of the SAT, ACT, and certified
969	969	workforce training programs described by Chapter 311, Labor Code;
970	970	(3) the percentage of students, aggregated by grade
971	971	level and subject area, who satisfy each performance standard under
972	972	Section 39.0241 on assessment instruments required under:
973	973	(A) Section 39.023(a); and
974	974	(B) Section 39.023(c);
975	975	(4) for students who have failed to perform
976	976	satisfactorily, under each performance standard under Section
977	977	39.0241, on an assessment instrument required under Section
978	978	39.023(a) or (c), the performance of those students on subsequent
979	979	assessment instruments required under those sections, aggregated
980	980	by grade level and subject area;
981	981	(5) [(4)] for each campus, the number of students,
982	982	disaggregated by major student subpopulations, that take courses
983	983	under the foundation high school program and take additional
984	984	courses to earn an endorsement under Section 28.025(c-1),
985	985	disaggregated by type of endorsement;
986	986	(6) [(5)] the percentage of students, aggregated by
987	987	grade level, provided accelerated instruction under Section
988	988	28.0211 [28.0211(c), the results of assessment instruments
989	989	administered under that section, the percentage of students
990	990	promoted through the grade placement committee process under
991	991	Section 28.0211], the subject of the assessment instrument on which
992	992	each student failed to perform satisfactorily under each
993	993	performance standard under Section 39.0241, and the performance of
994	994	those students in the following school year [following that
995	995	promotion] on the assessment instruments required under Section
996	996	39.023;
997	997	(7) [(6)] the percentage of students of limited
998	998	English proficiency exempted from the administration of an
999	999	assessment instrument under Sections 39.027(a)(1) and (2);
1000	1000	(8) [(7)] the percentage of students in a special
1001	1001	education program under Subchapter A, Chapter 29, assessed through
1002	1002	assessment instruments developed or adopted under Section
1003	1003	39.023(b);
1004	1004	[(8) the percentage of students who satisfy the
1005	1005	college readiness measure;]
1006	1006	(9) the measure of progress toward dual language
1007	1007	proficiency under Section 39.034(b), for students of limited
1008	1008	English proficiency, as defined by Section 29.052;
1009	1009	(10) the percentage of students who are not
1010	1010	educationally disadvantaged;
1011	1011	(11) the percentage of students who enroll and begin
1012	1012	instruction at an institution of higher education in the school
1013	1013	year following high school graduation; and
1014	1014	(12) the percentage of students who successfully
1015	1015	complete the first year of instruction at an institution of higher
1016	1016	education without needing a developmental education course.
1017	1017	(d) Performance on the indicators described by Section
1018	1018	39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on
1019	1019	longitudinal student data that is disaggregated by the bilingual
1020	1020	education or special language program, if any, in which students of
1021	1021	limited English proficiency, as defined by Section 29.052, are or
1022	1022	former students of limited English proficiency were enrolled. If a
1023	1023	student described by this subsection is not or was not enrolled in
1024	1024	specialized language instruction, the number and percentage of
1025	1025	those students shall be provided.
1026	1026	SECTION 42. Section 39.305(b), Education Code, is amended
1027	1027	to read as follows:
1028	1028	(b) The report card shall include the following
1029	1029	information:
1030	1030	(1) where applicable, the achievement indicators
1031	1031	described by Section 39.053(c) and the reporting indicators
1032	1032	described by Sections 39.301(c)(1) through (6) [(5)];
1033	1033	(2) average class size by grade level and subject;
1034	1034	(3) the administrative and instructional costs per
1035	1035	student, computed in a manner consistent with Section 44.0071; and
1036	1036	(4) the district's instructional expenditures ratio
1037	1037	and instructional employees ratio computed under Section 44.0071,
1038	1038	and the statewide average of those ratios, as determined by the
1039	1039	commissioner.
1040	1040	SECTION 43. Section 39.332(b)(20), Education Code, is
1041	1041	amended to read as follows:
1042	1042	(20) The report must contain a comparison of the
1043	1043	performance of open-enrollment charter schools and school
1044	1044	districts on the achievement indicators described by Section
1045	1045	39.053(c) and [,] the reporting indicators described by Section
1046	1046	39.301(c), [and the accountability measures adopted under Section
1047	1047	39.053(i),] with a separately aggregated comparison of the
1048	1048	performance of open-enrollment charter schools predominantly
1049	1049	serving students at risk of dropping out of school, as described by
1050	1050	Section 29.081(d), with the performance of school districts.
1051	1051	SECTION 44. Section 51.338(c), Education Code, is amended
1052	1052	to read as follows:
1053	1053	(c) A student who has achieved scores set by the board on the
1054	1054	questions developed for end-of-course assessment instruments under
1055	1055	Section 39.0233(a), as that section existed before repeal by
1056	1056	__.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is
1057	1057	exempt from the requirements of this subchapter. The exemption is
1058	1058	effective for the three-year period following the date a student
1059	1059	takes the last assessment instrument for purposes of this
1060	1060	subchapter and achieves the standard set by the board. This
1061	1061	subsection does not apply during any period for which the board
1062	1062	designates the questions developed for end-of-course assessment
1063	1063	instruments under Section 39.0233(a), as that section existed
1064	1064	before repeal by _.B. ____, Acts of the 87th Legislature, Regular
1065	1065	Session, 2021, as the primary assessment instrument under this
1066	1066	subchapter, except that the three-year period described by this
1067	1067	subsection remains in effect for students who qualify for an
1068	1068	exemption under this subsection before that period.
1069	1069	SECTION 45. Effective September 1, 2021, the following
1070	1070	provisions of the Education Code are repealed:
1071	1071	(1) Section 12.104(b-2);
1072	1072	(2) Section 19.0043(c);
1073	1073	(3) Section 21.4551(c);
1074	1074	(4) Sections 28.0211(a), (a-2), (b), (e), (f), (i-1),
1075	1075	(i-2), (n), (o), and (p);
1076	1076	(5) Sections 28.025(c-6) and (d);
1077	1077	(6) Section 28.0255(h);
1078	1078	(7) Section 28.0258;
1079	1079	(8) Section 28.0259;
1080	1080	(9) Section 29.259(c);
1081	1081	(10) Section 30.104(c);
1082	1082	(11) Sections 39.023(a-1), (c-2), (c-6), and (c-8);
1083	1083	(12) Section 39.023(c-7), as added by Chapter 1282
1084	1084	(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;
1085	1085	(13) Section 39.0231;
1086	1086	(14) Sections 39.0232(a), (c), and (d);
1087	1087	(15) Section 39.0233;
1088	1088	(16) Sections 39.025(a-1), (a-2), (a-3), (a-4),
1089	1089	(a-5), (b), (c), (c-1), (c-2), (d), (e), (e-1), (f-1), (f-2), and
1090	1090	(g);
1091	1091	(17) Sections 39.053(c-2), (c-3), (d), and (d-1); and
1092	1092	(18) Section 39.203(d).
1093	1093	SECTION 46. Before the first administration of the
1094	1094	assessment instruments adopted under Sections 39.023(a) and (c),
1095	1095	Education Code, as amended by this Act, the Texas Education Agency
1096	1096	shall develop evidence, through a peer review process, to
1097	1097	demonstrate that the assessment instruments are aligned with the
1098	1098	essential knowledge and skills for each subject assessed.
1099	1099	SECTION 47. (a) As soon as practicable, each school
1100	1100	district that provided notice to an eighth grade student during the
1101	1101	2020-2021 school year under Section 39.025(g), Education Code, as
1102	1102	that section existed before the repeal by this Act, shall send an
1103	1103	updated notice to that student informing the student of the
1104	1104	specific requirements applicable to the student under Sections
1105	1105	39.023(c) and 39.025(a), Education Code, as amended by this Act.
1106	1106	(b) As soon as practicable, the commissioner of education
1107	1107	shall determine the level of performance considered to be
1108	1108	satisfactory as required under Section 39.0241(a), Education Code,
1109	1109	on the assessment instrument required under Section 39.023(c),
1110	1110	Education Code, as amended by this Act.
1111	1111	SECTION 48. The Texas Education Agency shall, to the
1112	1112	greatest extent practicable, apply cost savings that result from
1113	1113	implementing the changes made by this Act to support any program
1114	1114	eligible under Title I, Elementary and Secondary Education Act of
1115	1115	1965 (20 U.S.C. Section 6301 et seq.).
1116	1116	SECTION 49. This Act applies beginning with the 2021-2022
1117	1117	school year.
1118	1118	SECTION 50. This Act takes effect immediately if it
1119	1119	receives a vote of two-thirds of all the members elected to each
1120	1120	house, as provided by Section 39, Article III, Texas Constitution.
1121	1121	If this Act does not receive the vote necessary for immediate
1122	1122	effect, this Act takes effect September 1, 2021.