Texas 2021 - 87th 3rd C.S.

Texas House Bill HB143 Compare Versions

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

Old	New	Differences
1	1	87S30079 TSS-D
2	2	By: Krause H.B. No. 143
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the academic assessment of public school students.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.006(b), Education Code, is amended to
10	10	read as follows:
11	11	(b) In addition to other factors determined to be
12	12	appropriate by the commissioner, the accountability system must
13	13	include consideration of:
14	14	(1) student performance on the [end-of-course]
15	15	assessment instruments administered under [required by] Section
16	16	39.023(c); and
17	17	(2) dropout rates, including dropout rates and diploma
18	18	program completion rates for the grade levels served by the diploma
19	19	program.
20	20	SECTION 2. Section 25.005(b), Education Code, is amended to
21	21	read as follows:
22	22	(b) A reciprocity agreement must:
23	23	(1) address procedures for:
24	24	(A) transferring student records;
25	25	(B) awarding credit for completed course work;
26	26	and
27	27	(C) permitting a student to satisfy the
28	28	requirements of Section 39.025 through successful performance on
29	29	comparable [end-of-course or other exit-level] assessment
30	30	instruments administered in another state; and
31	31	(2) include appropriate criteria developed by the
32	32	agency.
33	33	SECTION 3. Section 28.014(a), Education Code, is amended to
34	34	read as follows:
35	35	(a) Each school district shall partner with at least one
36	36	institution of higher education to develop and provide courses in
37	37	college preparatory mathematics and English language arts. The
38	38	courses must be designed:
39	39	(1) for students at the 12th grade level whose
40	40	performance on:
41	41	(A) an [end-of-course] assessment instrument
42	42	administered [required] under Section 39.023(c) does not meet
43	43	college readiness standards; or
44	44	(B) coursework, a college entrance examination,
45	45	or an assessment instrument designated under Section 51.334
46	46	indicates that the student is not ready to perform entry-level
47	47	college coursework; and
48	48	(2) to prepare students for success in entry-level
49	49	college courses.
50	50	SECTION 4. Section 28.0211(o), Education Code, is amended
51	51	to read as follows:
52	52	(o) This section does not require the administration of
53	53	a fifth [or eighth] grade assessment instrument in a subject under
54	54	Section 39.023(a) to a student enrolled in the fifth [or eighth]
55	55	grade[, as applicable,] if the student[:
56	56	[(1)] is enrolled in a course in the subject intended
57	57	for students above the student's grade level and will be
58	58	administered an assessment instrument adopted or developed under
59	59	Section 39.023(a) that aligns with the curriculum for the course in
60	60	which the student is enrolled[; or
61	61	[(2) is enrolled in a course in the subject for which
62	62	the student will receive high school academic credit and will be
63	63	administered an end-of-course assessment instrument adopted under
64	64	Section 39.023(c) for the course].
65	65	SECTION 5. Section 28.023(c), Education Code, is amended to
66	66	read as follows:
67	67	(c) A school district shall give a student in grade level
68	68	six or above credit for a subject on the basis of an examination for
69	69	credit in the subject approved by the board of trustees under
70	70	Subsection (a) if the student scores in the 80th percentile or above
71	71	on the examination or if the student achieves a score as provided by
72	72	Subsection (c-1). If a student is given credit in a subject on the
73	73	basis of an examination, the district shall enter the examination
74	74	score on the student's transcript [and the student is not required
75	75	to take an end-of-course assessment instrument adopted under
76	76	Section 39.023(c) for that subject].
77	77	SECTION 6. Sections 28.025(b-4) and (c-8), Education Code,
78	78	are amended to read as follows:
79	79	(b-4) A school district may offer the curriculum described
80	80	in Subsections (b-1)(1) through (4) in an applied manner. Courses
81	81	delivered in an applied manner must cover the essential knowledge
82	82	and skills[, and the student shall be administered the applicable
83	83	end-of-course assessment instrument as provided by Sections
84	84	39.023(c) and 39.025].
85	85	(c-8) For purposes of Subsection (c-7), the admission,
86	86	review, and dismissal committee of a student in a special education
87	87	program under Subchapter A, Chapter 29, shall determine whether the
88	88	student is required to achieve satisfactory performance on an
89	89	[end-of-course] assessment instrument administered under Section
90	90	39.023(c) to earn an endorsement on the student's transcript.
91	91	SECTION 7. Section 28.0255, Education Code, is amended by
92	92	amending Subsections (g) and (h) and adding Subsection (g-1) to
93	93	read as follows:
94	94	(g) A student entering the ninth grade for the first time
95	95	beginning with the 2022-2023 school year is entitled to a high
96	96	school diploma if the student:
97	97	(1) successfully complies with the curriculum
98	98	requirements specified under Subsection (e); and
99	99	(2) performs satisfactorily, as determined by the
100	100	commissioner under Subsection (h), on each [end-of-course]
101	101	assessment instrument selected [instruments listed] under Section
102	102	39.023(c) by the school district [for courses] in which the student
103	103	is [was] enrolled.
104	104	(g-1) A student other than a student described by Subsection
105	105	(g) is entitled to a high school diploma if the student:
106	106	(1) successfully complies with the curriculum
107	107	requirements specified under Subsection (e); and
108	108	(2) performs satisfactorily, as determined by the
109	109	commissioner under Subsection (h), on:
110	110	(A) each assessment instrument selected under
111	111	Section 39.023(c) by the school district in which the student is
112	112	enrolled; or
113	113	(B) assessment instruments listed under Section
114	114	39.023(c), as that section existed before amendment by H.B. ___,
115	115	Acts of the 87th Legislature, 3rd Called Session, 2021, for courses
116	116	in which the student was enrolled.
117	117	(h) For purposes of Subsections [Subsection] (g)(2) and
118	118	(g-1)(2), the commissioner shall determine the level of
119	119	satisfactory performance on applicable [end-of-course] assessment
120	120	instruments administered to a student.
121	121	SECTION 8. Section 28.0258, Education Code, is amended by
122	122	amending Subsections (a), (b), (f), (h), (j), and (k) and adding
123	123	Subsections (l) and (m) to read as follows:
124	124	(a) This section applies only to an 11th or 12th grade
125	125	student who has failed to comply with the [end-of-course]
126	126	assessment instrument performance requirements under Section
127	127	39.025 for not more than two subjects identified under Section
128	128	39.023(c) [courses].
129	129	(b) For each student to whom this section applies, the
130	130	school district that the student attends shall establish an
131	131	individual graduation committee at the end of or after the
132	132	student's 11th grade year to determine whether the student may
133	133	qualify to graduate as provided by this section. A student may not
134	134	qualify to graduate under this section before the student's 12th
135	135	grade year. The committee shall be composed of:
136	136	(1) the principal or principal's designee;
137	137	(2) for each subject identified under Section
138	138	39.023(c) for [end-of-course assessment instrument on] which the
139	139	student failed to perform satisfactorily on the appropriate
140	140	corresponding required assessment instrument, a [the] teacher of
141	141	the student in that subject, designated by the principal [course];
142	142	(3) the department chair or lead teacher supervising
143	143	the teacher described by Subdivision (2); and
144	144	(4) as applicable:
145	145	(A) the student's parent or person standing in
146	146	parental relation to the student;
147	147	(B) a designated advocate described by
148	148	Subsection (c) if the person described by Paragraph (A) is unable to
149	149	serve; or
150	150	(C) the student, at the student's option, if the
151	151	student is at least 18 years of age or is an emancipated minor.
152	152	(f) Notwithstanding any other law, a student's individual
153	153	graduation committee established under this section shall
154	154	recommend additional requirements by which the student may qualify
155	155	to graduate, including:
156	156	(1) additional remediation; and
157	157	(2) for each [end-of-course] assessment instrument
158	158	required under Section 39.023(c) on which the student failed to
159	159	perform satisfactorily:
160	160	(A) the completion of a project related to the
161	161	subject area [of the course] that demonstrates proficiency in the
162	162	subject area; or
163	163	(B) the preparation of a portfolio of work
164	164	samples in the subject area [of the course], including work samples
165	165	[from the course] that demonstrate proficiency in the subject area.
166	166	(h) In determining whether a student for whom an individual
167	167	graduation committee is established is qualified to graduate, the
168	168	committee shall consider:
169	169	(1) the recommendation of the student's teacher in
170	170	each course of the subject for which the student failed to perform
171	171	satisfactorily on an [end-of-course] assessment instrument;
172	172	(2) the student's grade in each course of the subject
173	173	for which the student failed to perform satisfactorily on an
174	174	[end-of-course] assessment instrument;
175	175	(3) the student's score on each [end-of-course]
176	176	assessment instrument required under Section 39.023(c) on which the
177	177	student failed to perform satisfactorily;
178	178	(4) the student's performance on any additional
179	179	requirements recommended by the committee under Subsection (f);
180	180	(5) the number of hours of remediation that the
181	181	student has attended, including[:
182	182	[(A) attendance in a college preparatory course
183	183	required under Section 39.025(b-2), if applicable; or
184	184	[(B)] attendance in and successful completion of
185	185	a transitional college course in reading or mathematics;
186	186	(6) the student's school attendance rate;
187	187	(7) the student's satisfaction of any of the Texas
188	188	Success Initiative (TSI) college readiness benchmarks prescribed
189	189	by the Texas Higher Education Coordinating Board;
190	190	(8) the student's successful completion of a dual
191	191	credit course in English, mathematics, science, or social studies;
192	192	(9) the student's successful completion of a high
193	193	school pre-advanced placement, advanced placement, or
194	194	international baccalaureate program course in English,
195	195	mathematics, science, or social studies;
196	196	(10) the student's rating of advanced high on the most
197	197	recent high school administration of the Texas English Language
198	198	Proficiency Assessment System;
199	199	(11) the student's score of 50 or greater on a
200	200	College-Level Examination Program examination;
201	201	(12) the student's score on:
202	202	(A) the ACT or[,] the SAT, if not otherwise
203	203	considered under Subdivision (3); or
204	204	(B) the Armed Services Vocational Aptitude
205	205	Battery test;
206	206	(13) the student's completion of a sequence of courses
207	207	under a career and technical education program required to attain
208	208	an industry-recognized credential or certificate;
209	209	(14) the student's overall preparedness for
210	210	postsecondary success; and
211	211	(15) any other academic information designated for
212	212	consideration by the board of trustees of the school district.
213	213	(j) Notwithstanding any action taken by an individual
214	214	graduation committee under this section, a school district shall
215	215	administer an [end-of-course] assessment instrument required under
216	216	Section 39.023(c) to any student who fails to perform
217	217	satisfactorily on an [end-of-course] assessment instrument
218	218	required under Section 39.023(c) as provided by Section 39.025(b).
219	219	For purposes of Section 39.053(c)(1), an assessment instrument
220	220	administered as provided by this subsection is considered an
221	221	assessment instrument required for graduation retaken by a student.
222	222	(k) The commissioner shall adopt rules as necessary to
223	223	administer [implement] this section [not later than the 2015-2016
224	224	school year].
225	225	(l) For a student subject to Section 39.025(f-3)(1):
226	226	(1) for purposes of Subsection (a), this section
227	227	applies only to an 11th or 12th grade student who has failed to
228	228	comply with the end-of-course assessment instrument performance
229	229	requirements under Section 39.025, as that section existed before
230	230	amendment by H.B. ___, Acts of the 87th Legislature, 3rd Called
231	231	Session, 2021, for not more than two courses listed in Section
232	232	39.023(c), as that section existed before amendment by H.B. ___,
233	233	Acts of the 87th Legislature, 3rd Called Session, 2021;
234	234	(2) for purposes of the composition of an individual
235	235	graduation committee under Subsection (b)(2), the committee shall
236	236	include the teacher of the course for each end-of-course assessment
237	237	instrument described by Subdivision (1) of this subsection for
238	238	which the student failed to perform satisfactorily;
239	239	(3) for purposes of Subsection (h)(1), an individual
240	240	graduation committee shall consider the recommendation of the
241	241	teacher described by Subdivision (2) of this subsection; and
242	242	(4) for purposes of Subsection (h)(2), an individual
243	243	graduation committee shall consider the student's grade in each
244	244	course described by Subdivision (2) of this subsection.
245	245	(m) Subsection (l) and this subsection expire September 1,
246	246	2026.
247	247	SECTION 9. Sections 29.081(b) and (b-1), Education Code,
248	248	are amended to read as follows:
249	249	(b) Each district shall provide accelerated instruction to
250	250	a student enrolled in the district who has taken an [end-of-course]
251	251	assessment instrument administered under Section 39.023(c) and has
252	252	not performed satisfactorily on the assessment instrument or who is
253	253	at risk of dropping out of school.
254	254	(b-1) Each school district shall offer before the next
255	255	scheduled administration of the assessment instrument, without
256	256	cost to the student, additional accelerated instruction to each
257	257	student in any subject in which the student failed to perform
258	258	satisfactorily on an [end-of-course] assessment instrument
259	259	required for graduation.
260	260	SECTION 10. Section 29.087(f), Education Code, is amended
261	261	to read as follows:
262	262	(f) A student participating in a program authorized by this
263	263	section, other than a student ordered to participate under
264	264	Subsection (d)(1), must have taken any [the] appropriate
265	265	[end-of-course] assessment instrument [instruments] specified by
266	266	Section 39.023(c) that is administered before the student enters
267	267	[entering] the program and must take any [each] appropriate
268	268	[end-of-course] assessment instrument that is administered during
269	269	the period in which the student is enrolled in the program. Except
270	270	for a student ordered to participate under Subsection (d)(1), a
271	271	student participating in the program may not take the high school
272	272	equivalency examination unless the student has taken the assessment
273	273	instruments required by this subsection.
274	274	SECTION 11. Section 29.402(b), Education Code, is amended
275	275	to read as follows:
276	276	(b) A person who is under 26 years of age is eligible to
277	277	enroll in a dropout recovery program under this subchapter if the
278	278	person:
279	279	(1) must complete not more than three course credits
280	280	to complete the curriculum requirements for the foundation high
281	281	school program for high school graduation; or
282	282	(2) has failed to perform satisfactorily on, as
283	283	applicable:
284	284	(A) an [end-of-course] assessment instrument
285	285	administered under Section 39.023(c);
286	286	(B) an assessment instrument administered under
287	287	Section 39.023(c) as that section existed before amendment by H.B.
288	288	___, Acts of the 87th Legislature, 3rd Called Session, 2021; or
289	289	(C) an assessment instrument administered under
290	290	Section 39.023(c) as that section existed before amendment by
291	291	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
292	292	Session, 2007.
293	293	SECTION 12. Section 39.023, Education Code, is amended by
294	294	amending Subsections (a), (a-2), (b-1), (c), (c-3), (c-5), (c-8),
295	295	(e), (g), (h), (i), and (p) and adding Subsections (b-2), (b-3),
296	296	(h-1), and (q) to read as follows:
297	297	(a) The agency shall adopt or develop appropriate
298	298	criterion-referenced assessment instruments designed to assess
299	299	essential knowledge and skills in reading, mathematics, [social
300	300	studies,] and science. Except as provided by Subsection (a-2), all
301	301	students, other than students assessed under Subsection (b) or (l)
302	302	or exempted under Section 39.027, shall be assessed in:
303	303	(1) mathematics, annually in grades three through
304	304	eight;
305	305	(2) reading, annually in grades three through eight;
306	306	and
307	307	(3) [social studies, in grade eight;
308	308	[(4)] science, in grades five and eight[; and
309	309	[(5) any other subject and grade required by federal
310	310	law].
311	311	(a-2) Except as required by federal law, a student is not
312	312	required to be assessed in a subject otherwise assessed at the
313	313	student's grade level under Subsection (a) if the student[:
314	314	[(1)] is enrolled in a course in the subject intended
315	315	for students above the student's grade level and will be
316	316	administered an assessment instrument adopted or developed under
317	317	Subsection (a) that aligns with the curriculum for the course in
318	318	which the student is enrolled[; or
319	319	[(2) is enrolled in a course in the subject for which
320	320	the student will receive high school academic credit and will be
321	321	administered an end-of-course assessment instrument adopted under
322	322	Subsection (c) for the course].
323	323	(b-1) The agency, in conjunction with appropriate
324	324	interested persons, shall redevelop assessment instruments adopted
325	325	or developed under Subsection (b) for administration to
326	326	significantly cognitively disabled students in a manner consistent
327	327	with federal law. An assessment instrument under this subsection
328	328	may not require a teacher to prepare tasks or materials for a
329	329	student who will be administered such an assessment instrument. [A
330	330	classroom portfolio method used to assess writing performance may
331	331	require a teacher to prepare tasks and materials.]
332	332	(b-2) Notwithstanding Subsection (b), (b-1), or any other
333	333	law, and to the extent consistent with federal law, the parent of or
334	334	person standing in parental relation to a student with significant
335	335	cognitive disabilities may request that the student be exempted
336	336	from the administration of an alternative assessment instrument
337	337	adopted or developed under Subsection (b) or (b-1). If a parent or
338	338	person standing in parental relation makes a request for exemption
339	339	under this subsection, the student's admission, review, and
340	340	dismissal committee, in consultation with the parent or person
341	341	standing in parental relation, shall determine if the student
342	342	should be exempted from administration of the alternative
343	343	assessment instrument. If the student is exempted from
344	344	administration of the alternative assessment instrument under this
345	345	subsection, the student must be assessed in the applicable subject
346	346	using the alternative assessment method developed under Subsection
347	347	(b-3).
348	348	(b-3) The commissioner, in consultation with stakeholders,
349	349	including parents of and persons standing in parental relation to
350	350	students with significant cognitive disabilities, shall develop
351	351	for each applicable subject an alternative assessment method for
352	352	the assessment of students who receive an exemption from the
353	353	administration of an alternative assessment instrument under
354	354	Subsection (b-2). The criteria for the assessment method must
355	355	include progress on the goals identified in the student's
356	356	individualized education plan. The commissioner shall adopt rules
357	357	necessary to implement this subsection.
358	358	(c) The agency shall also provide for [adopt end-of-course]
359	359	assessment instruments for each federally required secondary-level
360	360	subject, including English language arts, mathematics, and
361	361	science. The commissioner shall identify a procedure for a school
362	362	district to select the SAT, the ACT, or any other nationally
363	363	recognized, norm-referenced secondary-level assessment instrument
364	364	designated by the commissioner for the assessment of students under
365	365	this subsection. Each school district shall select one or more
366	366	assessment instruments for purposes of this subsection. A school
367	367	district that selects more than one assessment instrument must
368	368	uniformly administer to students in the district the same
369	369	assessment instrument to satisfy the requirement for the same
370	370	subject [courses in Algebra I, biology, English I, English II, and
371	371	United States history. The Algebra I end-of-course assessment
372	372	instrument must be administered with the aid of technology, but may
373	373	include one or more parts that prohibit the use of technology]. An
374	374	[The English I and English II end-of-course] assessment instrument
375	375	designated under this subsection [instruments] must [each] assess
376	376	essential knowledge and skills in the appropriate subject [both
377	377	reading and writing and must provide a single score]. A school
378	378	district shall comply with State Board of Education rules regarding
379	379	administration of the assessment instruments under [listed in] this
380	380	subsection. If a student is in a special education program under
381	381	Subchapter A, Chapter 29, the student's admission, review, and
382	382	dismissal committee shall determine whether any allowable
383	383	modification is necessary in administering to the student an
384	384	assessment instrument required under this subsection. [The State
385	385	Board of Education shall administer the assessment instruments. An
386	386	end-of-course assessment instrument may be administered in
387	387	multiple parts over more than one day. The State Board of Education
388	388	shall adopt a schedule for the administration of end-of-course
389	389	assessment instruments that complies with the requirements of
390	390	Subsection (c-3).]
391	391	(c-3) Except as [provided by Subsection (c-7) or as]
392	392	otherwise provided by this subsection, in adopting a schedule for
393	393	the administration of assessment instruments under this section,
394	394	the State Board of Education shall ensure that assessment
395	395	instruments administered under Subsection (a) or (c) are not
396	396	administered on the first instructional day of a week. On request
397	397	by a school district or open-enrollment charter school, the
398	398	commissioner may allow the district or school to administer an
399	399	assessment instrument required under Subsection (a) or (c) on the
400	400	first instructional day of a week if administering the assessment
401	401	instrument on another instructional day would result in a
402	402	significant administrative burden due to specific local
403	403	conditions.
404	404	(c-5) A student's performance on an [end-of-course]
405	405	assessment instrument administered [required] under Subsection (c)
406	406	must be included in the student's academic achievement record.
407	407	(c-8) Beginning with the 2022-2023 school year, not more
408	408	than 75 percent of the available points on an assessment instrument
409	409	developed under Subsection (a) [or (c)] may be attributable to
410	410	questions presented in a multiple choice format.
411	411	(e) Under rules adopted by the State Board of Education,
412	412	every third year, the agency shall release the questions and answer
413	413	keys to each assessment instrument administered under Subsection
414	414	(a), (b), [(c), (d),] or (l), excluding any assessment instrument
415	415	administered to a student for the purpose of retaking the
416	416	assessment instrument, after the last time the instrument is
417	417	administered for that school year. To ensure a valid bank of
418	418	questions for use each year, the agency is not required to release a
419	419	question that is being field-tested and was not used to compute the
420	420	student's score on the instrument. The agency shall also release,
421	421	under board rule, each question that is no longer being
422	422	field-tested and that was not used to compute a student's score.
423	423	[During the 2014-2015 and 2015-2016 school years, the agency shall
424	424	release the questions and answer keys to assessment instruments as
425	425	described by this subsection each year.]
426	426	(g) An [The State Board of Education may adopt one
427	427	appropriate, nationally recognized, norm-referenced] assessment
428	428	instrument administered under Subsection (c) [in reading and
429	429	mathematics to be administered to a selected sample of students in
430	430	the spring. If adopted, a norm-referenced assessment instrument]
431	431	must be a secured test. The commissioner shall contract with a
432	432	vendor to administer the assessment instrument, complete the
433	433	scoring of the assessment instrument, and distribute within a
434	434	reasonable period the results to the agency and the relevant
435	435	results to each school district. As soon as practicable after the
436	436	district receives the results from the vendor under this
437	437	subsection, the district shall:
438	438	(1) distribute the relevant results to each district
439	439	campus; and
440	440	(2) provide written notice to the student and the
441	441	person standing in parental relation to the student that states the
442	442	student's results and whether the student performed satisfactorily
443	443	on the assessment instrument [The state may pay the costs of
444	444	purchasing and scoring the adopted assessment instrument and of
445	445	distributing the results of the adopted instrument to the school
446	446	districts. A district that administers the norm-referenced test
447	447	adopted under this subsection shall report the results to the
448	448	agency in a manner prescribed by the commissioner].
449	449	(h) Except as provided by Subsection (g), the [The] agency
450	450	shall notify school districts and campuses of the results of
451	451	assessment instruments administered under this section not later
452	452	than the 21st day after the date the assessment instrument is
453	453	administered.
454	454	(h-1) A [The] school district shall disclose to each
455	455	district teacher the results of assessment instruments
456	456	administered to students taught by the teacher in the subject for
457	457	the school year in which the assessment instrument is administered.
458	458	(i) The provisions of this section[, except Subsection
459	459	(d),] are subject to modification by rules adopted under Section
460	460	39.022. Each assessment instrument adopted or designated under
461	461	those rules [and each assessment instrument required under
462	462	Subsection (d)] must be reliable and valid and must meet any
463	463	applicable federal requirements for measurement of student
464	464	progress.
465	465	(p) On or before September 1 of each year, the commissioner
466	466	shall make the following information available on the agency's
467	467	Internet website for each assessment instrument administered under
468	468	Subsection (a)[, (c),] or (l):
469	469	(1) the number of questions on the assessment
470	470	instrument;
471	471	(2) the number of questions that must be answered
472	472	correctly to achieve satisfactory performance as determined by the
473	473	commissioner under Section 39.0241(a);
474	474	(3) the number of questions that must be answered
475	475	correctly to achieve satisfactory performance under the college
476	476	readiness performance standard as provided by Section 39.0241; and
477	477	(4) the corresponding scale scores.
478	478	(q) Notwithstanding any provision of this section or other
479	479	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
480	480	Section 6301 et seq.) reduce the number or frequency of assessment
481	481	instruments required to be administered to students, the State
482	482	Board of Education shall adopt rules reducing the number or
483	483	frequency of assessment instruments administered to students under
484	484	state law, and the commissioner shall ensure that students are not
485	485	assessed in subject areas or in grades that are no longer required
486	486	to meet the minimum requirements of that Act.
487	487	SECTION 13. The heading to Section 39.0232, Education Code,
488	488	is amended to read as follows:
489	489	Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
490	490	AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
491	491	SECTION 14. Sections 39.0232(a), (b), and (c), Education
492	492	Code, are amended to read as follows:
493	493	(a) To the extent practicable, the agency shall ensure that
494	494	any high school [end-of-course] assessment instrument designated
495	495	under Section 39.023(c) [developed by the agency is developed in
496	496	such a manner that the assessment instrument] may be used to
497	497	determine the appropriate placement of a student in a course of the
498	498	same subject matter at an institution of higher education.
499	499	(b) A student's performance on an [end-of-course]
500	500	assessment instrument administered under Section 39.023(c) may not
501	501	be used:
502	502	(1) in determining the student's class ranking for any
503	503	purpose, including entitlement to automatic college admission
504	504	under Section 51.803 or 51.804; or
505	505	(2) as a sole criterion in the determination of
506	506	whether to admit the student to a general academic teaching
507	507	institution in this state.
508	508	(c) Subsection (b)(2) does not prohibit a general academic
509	509	teaching institution from implementing an admission policy that
510	510	takes into consideration a student's performance on an
511	511	[end-of-course] assessment instrument administered under Section
512	512	39.023(c) in addition to other criteria.
513	513	SECTION 15. Section 39.0234(a), Education Code, is amended
514	514	to read as follows:
515	515	(a) Each assessment instrument required under Section
516	516	39.023(a)[, (c),] or (l) must be administered electronically,
517	517	unless otherwise provided by commissioner rule.
518	518	SECTION 16. Section 39.0241, Education Code, is amended by
519	519	amending Subsection (a-1) and adding Subsection (a-2) to read as
520	520	follows:
521	521	(a-1) The commissioner of education, in collaboration with
522	522	the commissioner of higher education, shall determine the level of
523	523	performance necessary to indicate college readiness[, as defined by
524	524	Section 39.024(a)].
525	525	(a-2) In this section, "college readiness" means the level
526	526	of preparation a student must attain in English language arts and
527	527	mathematics courses to enroll and succeed, without remediation, in
528	528	an entry-level general education course for credit in that same
529	529	content area for a baccalaureate degree or associate degree program
530	530	at:
531	531	(1) a general academic teaching institution, as
532	532	defined by Section 61.003, other than a research institution, as
533	533	categorized under the Texas Higher Education Coordinating Board's
534	534	accountability system; or
535	535	(2) a postsecondary educational institution that
536	536	primarily offers associate degrees or certificates or credentials
537	537	other than baccalaureate or advanced degrees.
538	538	SECTION 17. Subchapter B, Chapter 39, Education Code, is
539	539	amended by adding Sections 39.02342 and 39.0239 to read as follows:
540	540	Sec. 39.02342. ALTERNATIVE ADAPTIVE ASSESSMENT
541	541	INSTRUMENTS. (a) Notwithstanding any other law, the agency shall
542	542	develop a list of alternative adaptive assessment instruments
543	543	adopted by the agency in accordance with this section that a school
544	544	district may administer in lieu of or in addition to an assessment
545	545	instrument adopted under Section 39.023 to satisfy state or federal
546	546	law requirements concerning the administration of that assessment
547	547	instrument.
548	548	(b) An alternative adaptive assessment instrument adopted
549	549	under this section must:
550	550	(1) effectively measure each student's academic
551	551	progress over time, without regard to the student's age, grade
552	552	level, or academic performance;
553	553	(2) evidence high content or concurrent validity;
554	554	(3) have been the subject of a study used to determine
555	555	the typical performance of a student conducted not more than 10
556	556	years before the adoption of the assessment instrument;
557	557	(4) use an adaptive difficulty level that is adjusted
558	558	based on a student's knowledge and ability as demonstrated by the
559	559	student's performance on the assessment instrument;
560	560	(5) take no longer than 60 minutes to administer;
561	561	(6) provide immediate information and real-time
562	562	reporting on student progress without requiring any additional data
563	563	or syncing or uploading by a teacher or administrator;
564	564	(7) provide immediate and real-time statewide level
565	565	data to the agency, including by having the capability to provide
566	566	results to the agency not later than three days after the
567	567	administration of the assessment instrument;
568	568	(8) if adopted for administration to a student
569	569	enrolled in grade three, four, or five, be offered in English and
570	570	Spanish; and
571	571	(9) meet any other applicable federal requirements.
572	572	(c) The agency shall adopt an alternative adaptive
573	573	assessment instrument submitted to the agency by a school district
574	574	if the assessment instrument complies with the requirements of
575	575	Subsection (b) and serves as a reliable measure of student
576	576	achievement.
577	577	(d) An alternative adaptive assessment instrument adopted
578	578	under this section shall be administered electronically by the
579	579	school district or a vendor selected by the school district.
580	580	(e) The agency shall:
581	581	(1) determine for each assessment instrument adopted
582	582	by the agency under this section the level of performance
583	583	considered to be satisfactory; and
584	584	(2) use statistical analysis to compile a student's
585	585	score on each alternative adaptive assessment instrument
586	586	administered to the student during a school year into a single
587	587	summative score for each subject area assessed.
588	588	(f) A school district, or a vendor selected by a school
589	589	district to administer an assessment instrument adopted by the
590	590	agency under this section, shall submit in the manner and form
591	591	prescribed by the agency the results of an alternative adaptive
592	592	assessment instrument administered under this section to the agency
593	593	not later than three days after the administration of the
594	594	assessment instrument.
595	595	(g) The agency shall provide reimbursement to a school
596	596	district for all costs associated with the administration of an
597	597	alternative adaptive assessment instrument under this section.
598	598	(h) The State Board of Education shall:
599	599	(1) biennially review each alternative adaptive
600	600	assessment instrument adopted by the agency under this section to
601	601	ensure that the instrument complies with Subsection (b); and
602	602	(2) provide to each school district not later than the
603	603	first June 1 after a review conducted under Subdivision (1) the list
604	604	of adopted alternative adaptive assessment instruments developed
605	605	by the agency under Subsection (a).
606	606	(i) The commissioner shall adopt rules necessary to
607	607	implement this section, including a rule providing the number and
608	608	schedule of administrations of alternative adaptive assessment
609	609	instruments under this section and requiring each school district
610	610	to select and administer one alternative adaptive assessment
611	611	instrument adopted under this section:
612	612	(1) at the beginning of each school year;
613	613	(2) at the end of each school year; and
614	614	(3) during each school year, between the
615	615	administrations under Subdivisions (1) and (2).
616	616	(j) Unless it conflicts with this section, a reference in
617	617	law to an assessment instrument adopted under Section 39.023
618	618	includes an alternative adaptive assessment instrument adopted by
619	619	the agency or administered by a school district in accordance with
620	620	this section.
621	621	Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
622	622	TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
623	623	DISASTER. (a) If, during a school year, a statewide disaster
624	624	declared by the president of the United States under the Robert T.
625	625	Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
626	626	Section 5121 et seq.) or by the governor under Chapter 418,
627	627	Government Code, significantly disrupts school district
628	628	operations, including in-person attendance, in a majority of school
629	629	districts in this state, the commissioner shall apply to the United
630	630	States Department of Education for a waiver of the requirement
631	631	under the Every Student Succeeds Act (20 U.S.C. Section 6301 et
632	632	seq.) to administer assessment instruments during that school year.
633	633	(b) If the United States Department of Education fails to
634	634	grant a waiver requested under Subsection (a), the assessment
635	635	instruments shall be administered as required under Section 39.023
636	636	during the applicable school year, but, notwithstanding any other
637	637	law, the commissioner may not consider the results of the
638	638	assessment instruments for purposes of:
639	639	(1) evaluating school district or campus performance
640	640	under this chapter for the applicable school year, including in
641	641	determining:
642	642	(A) the performance rating to assign to each
643	643	district or campus under Section 39.054; or
644	644	(B) whether to impose any intervention or
645	645	sanction authorized by Chapter 39A after the applicable school year
646	646	on each district or campus; or
647	647	(2) determining a student's qualification for
648	648	promotion or graduation.
649	649	SECTION 18. Section 39.025, Education Code, is amended by
650	650	amending Subsections (a), (a-4), (b), and (b-1) and adding
651	651	Subsection (f-3) to read as follows:
652	652	(a) The commissioner shall adopt rules requiring a student
653	653	in the foundation high school program under Section 28.025 to be
654	654	administered each [an end-of-course] assessment instrument
655	655	selected under [listed in] Section 39.023(c) by the school district
656	656	[only for a course] in which the student is enrolled [and for which
657	657	an end-of-course assessment instrument is administered]. Each
658	658	student's performance on an assessment instrument selected under
659	659	Section 39.023(c) shall be evaluated to determine whether the [A]
660	660	student achieved [is required to achieve] a scale score that
661	661	indicates satisfactory performance, as determined by the
662	662	commissioner under Section 39.0241(a)[, on each end-of-course
663	663	assessment instrument administered to the student]. The results of
664	664	the administration of an assessment instrument administered under
665	665	Section 39.023(c) may not be used as criteria for graduation. The
666	666	results may be used only for the purpose of diagnosing the academic
667	667	strengths and deficiencies of a student and guiding specific
668	668	instruction to the student. [For each scale score required under
669	669	this subsection that is not based on a 100-point scale scoring
670	670	system, the commissioner shall provide for conversion, in
671	671	accordance with commissioner rule, of the scale score to an
672	672	equivalent score based on a 100-point scale scoring system. A
673	673	student may not receive a high school diploma until the student has
674	674	performed satisfactorily on end-of-course assessment instruments
675	675	in the manner provided under this subsection.] This subsection does
676	676	not require a student to demonstrate readiness to enroll in an
677	677	institution of higher education.
678	678	(a-4) The admission, review, and dismissal committee of a
679	679	student in a special education program under Subchapter A, Chapter
680	680	29, shall determine whether, to receive a high school diploma, the
681	681	student is required to achieve satisfactory performance on
682	682	[end-of-course] assessment instruments administered under Section
683	683	39.023(c).
684	684	(b) Each time an [end-of-course] assessment instrument
685	685	[adopted] under Section 39.023(c) is administered, a student who
686	686	failed to achieve a score requirement under Subsection (a) may
687	687	retake the assessment instrument. [A student is not required to
688	688	retake a course as a condition of retaking an end-of-course
689	689	assessment instrument.]
690	690	(b-1) A school district shall provide each student who fails
691	691	to perform satisfactorily as determined by the commissioner under
692	692	Section 39.0241(a) on an [end-of-course] assessment instrument
693	693	administered under Section 39.023(c) with accelerated instruction
694	694	under Section 28.0217 [in the subject assessed by the assessment
695	695	instrument].
696	696	(f-3) The commissioner shall by rule adopt a transition plan
697	697	to implement the amendments made by H.B. ___, Acts of the 87th
698	698	Legislature, 3rd Called Session, 2021, replacing end-of-course
699	699	assessment instruments with one or more assessment instruments
700	700	selected by a school district under Section 39.023(c). The rules
701	701	must provide for each assessment instrument selected by a school
702	702	district under Section 39.023(c) to be administered beginning with
703	703	students enrolled in the ninth grade for the first time during the
704	704	2022-2023 school year. During the period under which the
705	705	transition from end-of-course assessment instruments is made:
706	706	(1) for students entering a grade above the ninth
707	707	grade during the 2022-2023 school year or students repeating ninth
708	708	grade during the 2022-2023 school year, the commissioner shall
709	709	retain, administer, and use for purposes of accreditation and other
710	710	campus and district accountability measures under this chapter the
711	711	end-of-course assessment instruments required by Section
712	712	39.023(c), as that section existed before amendment by H.B. ___,
713	713	Acts of the 87th Legislature, 3rd Called Session, 2021; and
714	714	(2) a student subject to Subdivision (1) may not
715	715	receive a high school diploma unless the student has performed
716	716	satisfactorily on:
717	717	(A) each required end-of-course assessment
718	718	instrument administered under Section 39.023(c), as that section
719	719	existed before amendment by H.B. ___, Acts of the 87th Legislature,
720	720	3rd Called Session, 2021; or
721	721	(B) each assessment instrument selected under
722	722	Section 39.023(c) by the district in which the student is enrolled.
723	723	SECTION 19. Section 39.034(d), Education Code, is amended
724	724	to read as follows:
725	725	(d) The agency shall determine the necessary annual
726	726	improvement required each year for a student to be prepared to
727	727	perform satisfactorily on, as applicable:
728	728	(1) the grade five assessment instruments;
729	729	(2) the grade eight assessment instruments; and
730	730	(3) the [end-of-course] assessment instruments
731	731	required under this subchapter for graduation.
732	732	SECTION 20. Section 39.035(a), Education Code, is amended
733	733	to read as follows:
734	734	(a) Subject to Subsection (b), the agency may conduct field
735	735	testing of questions for any assessment instrument administered
736	736	under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
737	737	from the administration of the assessment instrument not more
738	738	frequently than every other school year.
739	739	SECTION 21. Subchapter C, Chapter 39, Education Code, is
740	740	amended by adding Section 39.0547 to read as follows:
741	741	Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
742	742	In this section, "specialized support campus" means a school
743	743	district campus that:
744	744	(1) has a campus identification number;
745	745	(2) serves students enrolled in any grade level at
746	746	which state assessment instruments are administered; and
747	747	(3) has a student enrollment in which:
748	748	(A) at least 90 percent of students receive
749	749	special education services under Subchapter A, Chapter 29; and
750	750	(B) a significant percentage of the students
751	751	required to take an assessment instrument under Section 39.023:
752	752	(i) take an alternative assessment
753	753	instrument under Section 39.023(b) or (b-1); and
754	754	(ii) are unable to provide an authentic
755	755	academic response on that assessment instrument.
756	756	(b) The commissioner, in consultation with administrators
757	757	of specialized support campuses, teachers at specialized support
758	758	campuses, parents and guardians of students enrolled at specialized
759	759	support campuses, and other stakeholders, by rule shall establish
760	760	appropriate accountability guidelines under this chapter for use by
761	761	a specialized support campus in developing an alternative
762	762	accountability plan under Subsection (c) based on the specific
763	763	student population served by the campus. The commissioner shall
764	764	provide for public notice and comment in adopting rules under this
765	765	subsection.
766	766	(c) A specialized support campus may develop and submit to
767	767	the commissioner for approval an alternative accountability plan
768	768	tailored to the student population served by the campus, based on
769	769	the guidelines established under Subsection (b). The commissioner
770	770	may approve the alternative accountability plan only if the plan:
771	771	(1) follows the guidelines established under
772	772	Subsection (b); and
773	773	(2) complies with applicable federal law.
774	774	(d) Notwithstanding any other provision of this code, if the
775	775	commissioner approves an alternative accountability plan developed
776	776	by a specialized support campus under Subsection (c), the
777	777	commissioner shall determine, report, and consider the performance
778	778	of students enrolled at the campus using that plan.
779	779	(e) Not later than December 1, 2025, the commissioner shall
780	780	submit to the governor, the lieutenant governor, the speaker of the
781	781	house of representatives, and the standing legislative committees
782	782	with primary jurisdiction over public education a report on the
783	783	effectiveness of this section in evaluating specialized support
784	784	campuses and any recommendations for legislative or other action.
785	785	(f) This section expires September 1, 2026.
786	786	SECTION 22. Section 39.203(c), Education Code, is amended
787	787	to read as follows:
788	788	(c) In addition to the distinction designations described
789	789	by Subsections (a) and (b), a campus that satisfies the criteria
790	790	developed under Section 39.204 shall be awarded a distinction
791	791	designation by the commissioner for outstanding performance in
792	792	academic achievement in English language arts, mathematics, or
793	793	science[, or social studies].
794	794	SECTION 23. Section 51.338(c), Education Code, is amended
795	795	to read as follows:
796	796	(c) A student who has achieved scores set by the board on the
797	797	questions developed for end-of-course assessment instruments under
798	798	Section 39.0233(a), as that section existed before repeal by
799	799	H.B. ___, Acts of the 87th Legislature, 3rd Called Session, 2021,
800	800	is exempt from the requirements of this subchapter. The exemption
801	801	is effective for the three-year period following the date a student
802	802	takes the last assessment instrument for purposes of this
803	803	subchapter and achieves the standard set by the board. This
804	804	subsection does not apply during any period for which the board
805	805	designates the questions developed for end-of-course assessment
806	806	instruments under Section 39.0233(a), as that section existed
807	807	before repeal by H.B. ___, Acts of the 87th Legislature, 3rd Called
808	808	Session, 2021, as the primary assessment instrument under this
809	809	subchapter, except that the three-year period described by this
810	810	subsection remains in effect for students who qualify for an
811	811	exemption under this subsection before that period.
812	812	SECTION 24. The following provisions of the Education Code
813	813	are repealed:
814	814	(1) Sections 39.023(a-15), (c-2), (c-4), (c-6),
815	815	(c-7), (c-9), and (d);
816	816	(2) Section 39.0233;
817	817	(3) Section 39.024;
818	818	(4) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
819	819	(e-1);
820	820	(5) Section 39.053(d-1); and
821	821	(6) Section 39.203(d).
822	822	SECTION 25. As soon as practicable after the effective date
823	823	of this Act, the Texas Education Agency shall adopt alternative
824	824	adaptive assessment instruments as required by Section 39.02342,
825	825	Education Code, as added by this Act.
826	826	SECTION 26. As soon as practicable after the effective date
827	827	of this Act, each school district shall provide notice to an eighth
828	828	grade student under Section 39.025(g), Education Code, informing
829	829	the student of the specific requirements applicable to the student
830	830	under Sections 39.023(c) and 39.025(a), Education Code, as amended
831	831	by this Act.
832	832	SECTION 27. This Act applies beginning with the 2022-2023
833	833	school year.
834	834	SECTION 28. Not later than January 1, 2023, the Texas
835	835	Education Agency shall apply to the United States Department of
836	836	Education for a waiver of the annual alternate assessment of
837	837	students with significant cognitive disabilities required under
838	838	the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
839	839	the Individuals with Disabilities Education Act (20 U.S.C. Section
840	840	1400 et seq.).
841	841	SECTION 29. This Act takes effect immediately if it
842	842	receives a vote of two-thirds of all the members elected to each
843	843	house, as provided by Section 39, Article III, Texas Constitution.
844	844	If this Act does not receive the vote necessary for immediate
845	845	effect, this Act takes effect on the 91st day after the last day of
846	846	the legislative session.