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Texas House Bill HB1267

Texas 2023 - 88th Regular

Texas House Bill HB1267 Compare Versions

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11 88R78 TSS-D
22 By: Landgraf H.B. No. 1267
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the academic assessment of public school students.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 12.260(c), Education Code, is amended to
1010 read as follows:
1111 (c) For a school year before the 2025-2026 school year, the
1212 agency shall adopt and administer one or more [the Algebra I,
1313 English II, and biology end-of-course] assessment instruments
1414 designated [instruments adopted] under Section 39.023(c) as the
1515 secondary exit-level assessment instrument required under this
1616 section. The level of performance considered to be satisfactory on
1717 those assessment instruments for purposes of this subsection is the
1818 level of performance considered to be satisfactory under Section
1919 39.0241(a) [adopted under 19 T.A.C. Section 101.4003(a), as that
2020 rule existed on January 1, 2021]. This subsection expires
2121 September 1, 2025.
2222 SECTION 2. Section 18.006(b), Education Code, is amended to
2323 read as follows:
2424 (b) In addition to other factors determined to be
2525 appropriate by the commissioner, the accountability system must
2626 include consideration of:
2727 (1) student performance on the [end-of-course]
2828 assessment instruments administered under [required by] Section
2929 39.023(c); and
3030 (2) dropout rates, including dropout rates and diploma
3131 program completion rates for the grade levels served by the diploma
3232 program.
3333 SECTION 3. Section 25.005(b), Education Code, is amended to
3434 read as follows:
3535 (b) A reciprocity agreement must:
3636 (1) address procedures for:
3737 (A) transferring student records;
3838 (B) awarding credit for completed course work;
3939 and
4040 (C) permitting a student to satisfy the
4141 requirements of Section 39.025 through successful performance on
4242 comparable [end-of-course or other exit-level] assessment
4343 instruments administered in another state; and
4444 (2) include appropriate criteria developed by the
4545 agency.
4646 SECTION 4. Section 28.014(a), Education Code, is amended to
4747 read as follows:
4848 (a) Each school district shall partner with at least one
4949 institution of higher education to develop and provide courses in
5050 college preparatory mathematics and English language arts. The
5151 courses must be designed:
5252 (1) for students at the 12th grade level whose
5353 performance on:
5454 (A) an [end-of-course] assessment instrument
5555 administered [required] under Section 39.023(c) does not meet
5656 college readiness standards; or
5757 (B) coursework, a college entrance examination,
5858 or an assessment instrument designated under Section 51.334
5959 indicates that the student is not ready to perform entry-level
6060 college coursework; and
6161 (2) to prepare students for success in entry-level
6262 college courses.
6363 SECTION 5. Section 28.0211(o), Education Code, is amended
6464 to read as follows:
6565 (o) This section does not require the administration of
6666 a fifth [or eighth] grade assessment instrument in a subject under
6767 Section 39.023(a) to a student enrolled in the fifth [or eighth]
6868 grade[, as applicable,] if the student[:
6969 [(1)] is enrolled in a course in the subject intended
7070 for students above the student's grade level and will be
7171 administered an assessment instrument adopted or developed under
7272 Section 39.023(a) that aligns with the curriculum for the course in
7373 which the student is enrolled[; or
7474 [(2) is enrolled in a course in the subject for which
7575 the student will receive high school academic credit and will be
7676 administered an end-of-course assessment instrument adopted under
7777 Section 39.023(c) for the course].
7878 SECTION 6. Section 28.023(c), Education Code, is amended to
7979 read as follows:
8080 (c) A school district shall give a student in grade level
8181 six or above credit for a subject on the basis of an examination for
8282 credit in the subject approved by the board of trustees under
8383 Subsection (a) if the student scores in the 80th percentile or above
8484 on the examination or if the student achieves a score as provided by
8585 Subsection (c-1). If a student is given credit in a subject on the
8686 basis of an examination, the district shall enter the examination
8787 score on the student's transcript [and the student is not required
8888 to take an end-of-course assessment instrument adopted under
8989 Section 39.023(c) for that subject].
9090 SECTION 7. Sections 28.025(b-4) and (c-8), Education Code,
9191 are amended to read as follows:
9292 (b-4) A school district may offer the curriculum described
9393 in Subsections (b-1)(1) through (4) in an applied manner. Courses
9494 delivered in an applied manner must cover the essential knowledge
9595 and skills[, and the student shall be administered the applicable
9696 end-of-course assessment instrument as provided by Sections
9797 39.023(c) and 39.025].
9898 (c-8) For purposes of Subsection (c-7), the admission,
9999 review, and dismissal committee of a student in a special education
100100 program under Subchapter A, Chapter 29, shall determine whether the
101101 student is required to achieve satisfactory performance on an
102102 [end-of-course] assessment instrument administered under Section
103103 39.023(c) to earn an endorsement on the student's transcript.
104104 SECTION 8. Section 28.0255, Education Code, is amended by
105105 amending Subsections (g) and (h) and adding Subsection (g-1) to
106106 read as follows:
107107 (g) A student entering the ninth grade for the first time
108108 beginning with the 2023-2024 school year is entitled to a high
109109 school diploma if the student:
110110 (1) successfully complies with the curriculum
111111 requirements specified under Subsection (e); and
112112 (2) performs satisfactorily, as determined by the
113113 commissioner under Subsection (h), on each [end-of-course]
114114 assessment instrument selected [instruments listed] under Section
115115 39.023(c) by the school district [for courses] in which the student
116116 is [was] enrolled.
117117 (g-1) A student other than a student described by Subsection
118118 (g) is entitled to a high school diploma if the student:
119119 (1) successfully complies with the curriculum
120120 requirements specified under Subsection (e); and
121121 (2) performs satisfactorily, as determined by the
122122 commissioner under Subsection (h), on:
123123 (A) each assessment instrument selected under
124124 Section 39.023(c) by the school district in which the student is
125125 enrolled; or
126126 (B) assessment instruments listed under Section
127127 39.023(c), as that section existed before amendment by __.B. ____,
128128 Acts of the 88th Legislature, Regular Session, 2023, for courses in
129129 which the student was enrolled.
130130 (h) For purposes of Subsections [Subsection] (g)(2) and
131131 (g-1)(2), the commissioner shall determine the level of
132132 satisfactory performance on applicable [end-of-course] assessment
133133 instruments administered to a student.
134134 SECTION 9. Section 28.0258, Education Code, is amended by
135135 amending Subsections (a), (b), (f), (h), (j), and (k) and adding
136136 Subsections (m) and (n) to read as follows:
137137 (a) This section applies only to an 11th or 12th grade
138138 student who has failed to comply with the [end-of-course]
139139 assessment instrument performance requirements under Section
140140 39.025 for not more than two subjects identified under Section
141141 39.023(c) [courses].
142142 (b) For each student to whom this section applies, the
143143 school district that the student attends shall establish an
144144 individual graduation committee at the end of or after the
145145 student's 11th grade year to determine whether the student may
146146 qualify to graduate as provided by this section. A student may not
147147 qualify to graduate under this section before the student's 12th
148148 grade year. The committee shall be composed of:
149149 (1) the principal or principal's designee;
150150 (2) for each subject identified under Section
151151 39.023(c) for [end-of-course assessment instrument on] which the
152152 student failed to perform satisfactorily on the appropriate
153153 corresponding required assessment instrument, a [the] teacher of
154154 the student in that subject, designated by the principal [course];
155155 (3) the department chair or lead teacher supervising
156156 the teacher described by Subdivision (2); and
157157 (4) as applicable:
158158 (A) the student's parent or person standing in
159159 parental relation to the student;
160160 (B) a designated advocate described by
161161 Subsection (c) if the person described by Paragraph (A) is unable to
162162 serve; or
163163 (C) the student, at the student's option, if the
164164 student is at least 18 years of age or is an emancipated minor.
165165 (f) Notwithstanding any other law, a student's individual
166166 graduation committee established under this section shall
167167 recommend additional requirements by which the student may qualify
168168 to graduate, including:
169169 (1) additional remediation; and
170170 (2) for each [end-of-course] assessment instrument
171171 required under Section 39.023(c) on which the student failed to
172172 perform satisfactorily:
173173 (A) the completion of a project related to the
174174 subject area [of the course] that demonstrates proficiency in the
175175 subject area; or
176176 (B) the preparation of a portfolio of work
177177 samples in the subject area [of the course], including work samples
178178 [from the course] that demonstrate proficiency in the subject area.
179179 (h) In determining whether a student for whom an individual
180180 graduation committee is established is qualified to graduate, the
181181 committee shall consider:
182182 (1) the recommendation of the student's teacher in
183183 each course of the subject for which the student failed to perform
184184 satisfactorily on an [end-of-course] assessment instrument;
185185 (2) the student's grade in each course of the subject
186186 for which the student failed to perform satisfactorily on an
187187 [end-of-course] assessment instrument;
188188 (3) the student's score on each [end-of-course]
189189 assessment instrument required under Section 39.023(c) on which the
190190 student failed to perform satisfactorily;
191191 (4) the student's performance on any additional
192192 requirements recommended by the committee under Subsection (f);
193193 (5) the number of hours of remediation that the
194194 student has attended, including[:
195195 [(A) attendance in a college preparatory course
196196 required under Section 39.025(b-2), if applicable; or
197197 [(B)] attendance in and successful completion of
198198 a transitional college course in reading or mathematics;
199199 (6) the student's school attendance rate;
200200 (7) the student's satisfaction of any of the Texas
201201 Success Initiative (TSI) college readiness benchmarks prescribed
202202 by the Texas Higher Education Coordinating Board;
203203 (8) the student's successful completion of a dual
204204 credit course in English, mathematics, science, or social studies;
205205 (9) the student's successful completion of a high
206206 school pre-advanced placement, advanced placement, or
207207 international baccalaureate program course in English,
208208 mathematics, science, or social studies;
209209 (10) the student's rating of advanced high on the most
210210 recent high school administration of the Texas English Language
211211 Proficiency Assessment System;
212212 (11) the student's score of 50 or greater on a
213213 College-Level Examination Program examination;
214214 (12) the student's score on:
215215 (A) the ACT or[,] the SAT, if not otherwise
216216 considered under Subdivision (3); or
217217 (B) the Armed Services Vocational Aptitude
218218 Battery test;
219219 (13) the student's completion of a sequence of courses
220220 under a career and technical education program required to attain
221221 an industry-recognized credential or certificate;
222222 (14) the student's overall preparedness for
223223 postsecondary success; and
224224 (15) any other academic information designated for
225225 consideration by the board of trustees of the school district.
226226 (j) Notwithstanding any action taken by an individual
227227 graduation committee under this section, a school district shall
228228 administer an [end-of-course] assessment instrument required under
229229 Section 39.023(c) to any student who fails to perform
230230 satisfactorily on an [end-of-course] assessment instrument
231231 required under Section 39.023(c) as provided by Section 39.025(b).
232232 For purposes of Section 39.053(c)(1), an assessment instrument
233233 administered as provided by this subsection is considered an
234234 assessment instrument required for graduation retaken by a student.
235235 (k) The commissioner shall adopt rules as necessary to
236236 administer [implement] this section [not later than the 2015-2016
237237 school year].
238238 (m) For a student subject to Section 39.025(f-3)(1):
239239 (1) for purposes of Subsection (a), this section
240240 applies only to an 11th or 12th grade student who has failed to
241241 comply with the end-of-course assessment instrument performance
242242 requirements under Section 39.025, as that section existed before
243243 amendment by __.B. ____, Acts of the 88th Legislature, Regular
244244 Session, 2023, for not more than two courses listed in Section
245245 39.023(c), as that section existed before amendment by __.B. ____,
246246 Acts of the 88th Legislature, Regular Session, 2023;
247247 (2) for purposes of the composition of an individual
248248 graduation committee under Subsection (b)(2), the committee shall
249249 include the teacher of the course for each end-of-course assessment
250250 instrument described by Subdivision (1) for which the student
251251 failed to perform satisfactorily;
252252 (3) for purposes of Subsection (h)(1), an individual
253253 graduation committee shall consider the recommendation of the
254254 teacher described by Subdivision (2); and
255255 (4) for purposes of Subsection (h)(2), an individual
256256 graduation committee shall consider the student's grade in each
257257 course described by Subdivision (2).
258258 (n) Subsection (m) and this subsection expire September 1,
259259 2027.
260260 SECTION 10. Sections 29.081(b) and (b-1), Education Code,
261261 are amended to read as follows:
262262 (b) Each district shall provide accelerated instruction to
263263 a student enrolled in the district who has taken an [end-of-course]
264264 assessment instrument administered under Section 39.023(c) and has
265265 not performed satisfactorily on the assessment instrument or who is
266266 at risk of dropping out of school.
267267 (b-1) Each school district shall offer before the next
268268 scheduled administration of the assessment instrument, without
269269 cost to the student, additional accelerated instruction to each
270270 student in any subject in which the student failed to perform
271271 satisfactorily on an [end-of-course] assessment instrument
272272 required for graduation.
273273 SECTION 11. Section 29.087(f), Education Code, is amended
274274 to read as follows:
275275 (f) A student participating in a program authorized by this
276276 section, other than a student ordered to participate under
277277 Subsection (d)(1), must have taken any [the] appropriate
278278 [end-of-course] assessment instrument [instruments] specified by
279279 Section 39.023(c) that is administered before the student enters
280280 [entering] the program and must take any [each] appropriate
281281 [end-of-course] assessment instrument that is administered during
282282 the period in which the student is enrolled in the program. Except
283283 for a student ordered to participate under Subsection (d)(1), a
284284 student participating in the program may not take the high school
285285 equivalency examination unless the student has taken the assessment
286286 instruments required by this subsection.
287287 SECTION 12. Section 29.402(b), Education Code, is amended
288288 to read as follows:
289289 (b) A person who is under 26 years of age is eligible to
290290 enroll in a dropout recovery program under this subchapter if the
291291 person:
292292 (1) must complete not more than three course credits
293293 to complete the curriculum requirements for the foundation high
294294 school program for high school graduation; or
295295 (2) has failed to perform satisfactorily on, as
296296 applicable:
297297 (A) an [end-of-course] assessment instrument
298298 administered under Section 39.023(c);
299299 (B) an assessment instrument administered under
300300 Section 39.023(c) as that section existed before amendment by __.B.
301301 ____, Acts of the 88th Legislature, Regular Session, 2023; or
302302 (C) an assessment instrument administered under
303303 Section 39.023(c) as that section existed before amendment by
304304 Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
305305 Session, 2007.
306306 SECTION 13. Section 29.9091(b), Education Code, is amended
307307 to read as follows:
308308 (b) A school district or open-enrollment charter school
309309 that operates a full-time local remote learning program must:
310310 (1) include in the program:
311311 (A) at least one grade level in which an
312312 assessment instrument is required to be administered under Section
313313 39.023(a), including each subject for which an assessment
314314 instrument is required; or
315315 (B) a complete high school program, including
316316 each subject [course] for which an [end-of-course] assessment
317317 instrument is required to be administered under Section 39.023(c);
318318 and
319319 (2) offer the option for a student's parent or person
320320 standing in parental relation to select in-person instruction for
321321 the student.
322322 SECTION 14. Section 39.023, Education Code, is amended by
323323 amending Subsections (a), (a-2), (b-1), (c), (c-3), (c-5), (c-8),
324324 (e), (g), (h), (i), and (p) and adding Subsections (b-2), (b-3),
325325 (h-1), and (q) to read as follows:
326326 (a) The agency shall adopt or develop appropriate
327327 criterion-referenced assessment instruments designed to assess
328328 essential knowledge and skills in reading, mathematics, [social
329329 studies,] and science. Except as provided by Subsection (a-2), all
330330 students, other than students assessed under Subsection (b) or (l)
331331 or exempted under Section 39.027, shall be assessed in:
332332 (1) mathematics, annually in grades three through
333333 eight;
334334 (2) reading, annually in grades three through eight;
335335 and
336336 (3) [social studies, in grade eight;
337337 [(4)] science, in grades five and eight[; and
338338 [(5) any other subject and grade required by federal
339339 law].
340340 (a-2) Except as required by federal law, a student is not
341341 required to be assessed in a subject otherwise assessed at the
342342 student's grade level under Subsection (a) if the student[:
343343 [(1)] is enrolled in a course in the subject intended
344344 for students above the student's grade level and will be
345345 administered an assessment instrument adopted or developed under
346346 Subsection (a) that aligns with the curriculum for the course in
347347 which the student is enrolled[; or
348348 [(2) is enrolled in a course in the subject for which
349349 the student will receive high school academic credit and will be
350350 administered an end-of-course assessment instrument adopted under
351351 Subsection (c) for the course].
352352 (b-1) The agency, in conjunction with appropriate
353353 interested persons, shall redevelop assessment instruments adopted
354354 or developed under Subsection (b) for administration to
355355 significantly cognitively disabled students in a manner consistent
356356 with federal law. An assessment instrument under this subsection
357357 may not require a teacher to prepare tasks or materials for a
358358 student who will be administered such an assessment instrument. [A
359359 classroom portfolio method used to assess writing performance may
360360 require a teacher to prepare tasks and materials.]
361361 (b-2) Notwithstanding Subsection (b), (b-1), or any other
362362 law, and to the extent consistent with federal law, the parent of or
363363 person standing in parental relation to a student with significant
364364 cognitive disabilities may request that the student be exempted
365365 from the administration of an alternative assessment instrument
366366 adopted or developed under Subsection (b) or (b-1). If a parent or
367367 person standing in parental relation makes a request for exemption
368368 under this subsection, the student's admission, review, and
369369 dismissal committee, in consultation with the parent or person
370370 standing in parental relation, shall determine if the student
371371 should be exempted from administration of the alternative
372372 assessment instrument. If the student is exempted from
373373 administration of the alternative assessment instrument under this
374374 subsection, the student must be assessed in the applicable subject
375375 using the alternative assessment method developed under Subsection
376376 (b-3).
377377 (b-3) The commissioner, in consultation with stakeholders,
378378 including parents of and persons standing in parental relation to
379379 students with significant cognitive disabilities, shall develop
380380 for each applicable subject an alternative assessment method for
381381 the assessment of students who receive an exemption from the
382382 administration of an alternative assessment instrument under
383383 Subsection (b-2). The criteria for the assessment method must
384384 include progress on the goals identified in the student's
385385 individualized education plan. The commissioner shall adopt rules
386386 necessary to implement this subsection.
387387 (c) The agency shall also provide for [adopt end-of-course]
388388 assessment instruments for each federally required secondary-level
389389 subject, including English language arts, mathematics, and
390390 science. The commissioner shall identify a procedure for a school
391391 district to select the SAT, the ACT, or any other nationally
392392 recognized, norm-referenced secondary-level assessment instrument
393393 designated by the commissioner for the assessment of students under
394394 this subsection. Each school district shall select one or more
395395 assessment instruments for purposes of this subsection. A school
396396 district that selects more than one assessment instrument must
397397 uniformly administer to students in the district the same
398398 assessment instrument to satisfy the requirement for the same
399399 subject [courses in Algebra I, biology, English I, English II, and
400400 United States history. The Algebra I end-of-course assessment
401401 instrument must be administered with the aid of technology, but may
402402 include one or more parts that prohibit the use of technology]. An
403403 [The English I and English II end-of-course] assessment instrument
404404 designated under this subsection [instruments] must [each] assess
405405 essential knowledge and skills in the appropriate subject [both
406406 reading and writing and must provide a single score]. A school
407407 district shall comply with State Board of Education rules regarding
408408 administration of the assessment instruments under [listed in] this
409409 subsection. If a student is in a special education program under
410410 Subchapter A, Chapter 29, the student's admission, review, and
411411 dismissal committee shall determine whether any allowable
412412 modification is necessary in administering to the student an
413413 assessment instrument required under this subsection. [The State
414414 Board of Education shall administer the assessment instruments. An
415415 end-of-course assessment instrument may be administered in
416416 multiple parts over more than one day. The State Board of Education
417417 shall adopt a schedule for the administration of end-of-course
418418 assessment instruments that complies with the requirements of
419419 Subsection (c-3).]
420420 (c-3) In [Except as provided by Subsection (c-7) or as
421421 otherwise provided by this subsection, in] adopting a schedule for
422422 the administration of assessment instruments under this section,
423423 the State Board of Education shall ensure that assessment
424424 instruments administered under Subsection (a) or (c) are not
425425 administered on the first instructional day of a week. On request
426426 by a school district or open-enrollment charter school, the
427427 commissioner may allow the district or school to administer an
428428 assessment instrument required under Subsection (a) or (c) on the
429429 first instructional day of a week if administering the assessment
430430 instrument on another instructional day would result in a
431431 significant administrative burden due to specific local
432432 conditions.
433433 (c-5) A student's performance on an [end-of-course]
434434 assessment instrument administered [required] under Subsection (c)
435435 must be included in the student's academic achievement record.
436436 (c-8) Beginning with the 2022-2023 school year, not more
437437 than 75 percent of the available points on an assessment instrument
438438 developed under Subsection (a) [or (c)] may be attributable to
439439 questions presented in a multiple choice format.
440440 (e) Under rules adopted by the State Board of Education,
441441 every third year, the agency shall release the questions and answer
442442 keys to each assessment instrument administered under Subsection
443443 (a), (b), [(c), (d),] or (l), excluding any assessment instrument
444444 administered to a student for the purpose of retaking the
445445 assessment instrument, after the last time the instrument is
446446 administered for that school year. To ensure a valid bank of
447447 questions for use each year, the agency is not required to release a
448448 question that is being field-tested and was not used to compute the
449449 student's score on the instrument. The agency shall also release,
450450 under board rule, each question that is no longer being
451451 field-tested and that was not used to compute a student's score.
452452 [During the 2014-2015 and 2015-2016 school years, the agency shall
453453 release the questions and answer keys to assessment instruments as
454454 described by this subsection each year.]
455455 (g) An [The State Board of Education may adopt one
456456 appropriate, nationally recognized, norm-referenced] assessment
457457 instrument administered under Subsection (c) [in reading and
458458 mathematics to be administered to a selected sample of students in
459459 the spring. If adopted, a norm-referenced assessment instrument]
460460 must be a secured test. The commissioner shall contract with a
461461 vendor to administer the assessment instrument, complete the
462462 scoring of the assessment instrument, and distribute within a
463463 reasonable period the results to the agency and the relevant
464464 results to each school district. As soon as practicable after the
465465 district receives the results from the vendor under this
466466 subsection, the district shall:
467467 (1) distribute the relevant results to each district
468468 campus; and
469469 (2) provide written notice to the student and the
470470 student's parent or person standing in parental relation to the
471471 student that states the student's results and whether the student
472472 performed satisfactorily on the assessment instrument [The state
473473 may pay the costs of purchasing and scoring the adopted assessment
474474 instrument and of distributing the results of the adopted
475475 instrument to the school districts. A district that administers
476476 the norm-referenced test adopted under this subsection shall report
477477 the results to the agency in a manner prescribed by the
478478 commissioner].
479479 (h) Except as provided by Subsection (g), the [The] agency
480480 shall notify school districts and campuses of the results of
481481 assessment instruments administered under this section not later
482482 than the 21st day after the date the assessment instrument is
483483 administered.
484484 (h-1) A [The] school district shall disclose to each
485485 district teacher the results of assessment instruments
486486 administered to students taught by the teacher in the subject for
487487 the school year in which the assessment instrument is administered.
488488 (i) The provisions of this section[, except Subsection
489489 (d),] are subject to modification by rules adopted under Section
490490 39.022. Each assessment instrument adopted or designated under
491491 those rules [and each assessment instrument required under
492492 Subsection (d)] must be reliable and valid and must meet any
493493 applicable federal requirements for measurement of student
494494 progress.
495495 (p) On or before September 1 of each year, the commissioner
496496 shall make the following information available on the agency's
497497 Internet website for each assessment instrument administered under
498498 Subsection (a)[, (c),] or (l):
499499 (1) the number of questions on the assessment
500500 instrument;
501501 (2) the number of questions that must be answered
502502 correctly to achieve satisfactory performance as determined by the
503503 commissioner under Section 39.0241(a);
504504 (3) the number of questions that must be answered
505505 correctly to achieve satisfactory performance under the college
506506 readiness performance standard as provided by Section 39.0241; and
507507 (4) the corresponding scale scores.
508508 (q) Notwithstanding any provision of this section or other
509509 law, if changes made to the Every Student Succeeds Act (20 U.S.C.
510510 Section 6301 et seq.) reduce the number or frequency of assessment
511511 instruments required to be administered to students, the State
512512 Board of Education shall adopt rules reducing the number or
513513 frequency of assessment instruments administered to students under
514514 state law, and the commissioner shall ensure that students are not
515515 assessed in subject areas or in grades that are no longer required
516516 to meet the minimum requirements of that Act.
517517 SECTION 15. The heading to Section 39.0232, Education Code,
518518 is amended to read as follows:
519519 Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
520520 AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
521521 SECTION 16. Sections 39.0232(a), (b), and (c), Education
522522 Code, are amended to read as follows:
523523 (a) To the extent practicable, the agency shall ensure that
524524 any high school [end-of-course] assessment instrument designated
525525 under Section 39.023(c) [developed by the agency is developed in
526526 such a manner that the assessment instrument] may be used to
527527 determine the appropriate placement of a student in a course of the
528528 same subject matter at an institution of higher education.
529529 (b) A student's performance on an [end-of-course]
530530 assessment instrument administered under Section 39.023(c) may not
531531 be used:
532532 (1) in determining the student's class ranking for any
533533 purpose, including entitlement to automatic college admission
534534 under Section 51.803 or 51.804; or
535535 (2) as a sole criterion in the determination of
536536 whether to admit the student to a general academic teaching
537537 institution in this state.
538538 (c) Subsection (b)(2) does not prohibit a general academic
539539 teaching institution from implementing an admission policy that
540540 takes into consideration a student's performance on an
541541 [end-of-course] assessment instrument administered under Section
542542 39.023(c) in addition to other criteria.
543543 SECTION 17. Section 39.0234(a), Education Code, is amended
544544 to read as follows:
545545 (a) Each assessment instrument required under Section
546546 39.023(a)[, (c),] or (l) must be administered electronically,
547547 unless otherwise provided by commissioner rule.
548548 SECTION 18. Section 39.0241, Education Code, is amended by
549549 amending Subsection (a-1) and adding Subsection (a-2) to read as
550550 follows:
551551 (a-1) The commissioner of education, in collaboration with
552552 the commissioner of higher education, shall determine the level of
553553 performance necessary to indicate college readiness[, as defined by
554554 Section 39.024(a)].
555555 (a-2) In this section, "college readiness" means the level
556556 of preparation a student must attain in English language arts and
557557 mathematics courses to enroll and succeed, without remediation, in
558558 an entry-level general education course for credit in that same
559559 content area for a baccalaureate degree or associate degree program
560560 at:
561561 (1) a general academic teaching institution, as
562562 defined by Section 61.003, other than a research institution, as
563563 categorized under the Texas Higher Education Coordinating Board's
564564 accountability system; or
565565 (2) a postsecondary educational institution that
566566 primarily offers associate degrees or certificates or credentials
567567 other than baccalaureate or advanced degrees.
568568 SECTION 19. Subchapter B, Chapter 39, Education Code, is
569569 amended by adding Sections 39.02342 and 39.0239 to read as follows:
570570 Sec. 39.02342. ALTERNATIVE ADAPTIVE ASSESSMENT
571571 INSTRUMENTS. (a) Notwithstanding any other law, the agency shall
572572 adopt alternative adaptive assessment instruments in accordance
573573 with this section that a school district may administer in lieu of
574574 an assessment instrument adopted under Section 39.023 to satisfy
575575 state or federal law requirements concerning the administration of
576576 that assessment instrument.
577577 (b) An alternative adaptive assessment instrument adopted
578578 under this section must:
579579 (1) effectively measure each student's academic
580580 progress over time, without regard to the student's age, grade
581581 level, or academic performance;
582582 (2) evidence high content or concurrent validity;
583583 (3) have been the subject of a study used to determine
584584 the typical performance of a student conducted not more than 10
585585 years before the adoption of the assessment instrument;
586586 (4) use an adaptive difficulty level that is adjusted
587587 based on a student's knowledge and ability as demonstrated by the
588588 student's performance on the assessment instrument;
589589 (5) take no longer than 90 minutes to administer; and
590590 (6) provide immediate information and real-time
591591 reporting on student progress without requiring any additional data
592592 or syncing or uploading by a teacher or administrator.
593593 (c) The agency may adopt an alternative adaptive assessment
594594 instrument submitted to the agency by a school district if the
595595 assessment instrument complies with the requirements of Subsection
596596 (b) and serves as an adequate measure of grade level achievement.
597597 (d) A school district shall administer an alternative
598598 adaptive assessment instrument adopted under this section
599599 electronically.
600600 (e) The agency shall:
601601 (1) determine for each assessment instrument adopted
602602 by the agency under this section the level of performance
603603 considered to be satisfactory; and
604604 (2) develop a method to compile a student's score on
605605 each alternative adaptive assessment administered to the student
606606 during a school year into a single summative score for each subject
607607 area assessed.
608608 (f) A school district shall submit in the manner and form
609609 prescribed by the agency the results of an alternative adaptive
610610 assessment instrument administered under this section to the agency
611611 not later than three days after the administration of the
612612 assessment instrument.
613613 (g) The agency shall provide reimbursement to a school
614614 district for all costs associated with the administration of an
615615 alternative adaptive assessment instrument under this section.
616616 (h) The State Board of Education shall annually review each
617617 alternative adaptive assessment instrument adopted by the agency
618618 under this section to ensure that the instrument is relevant,
619619 valid, and reliable.
620620 (i) The agency may contract for services to develop or
621621 administer alternative adaptive assessment instruments that comply
622622 with the requirements of Subsection (b).
623623 (j) The commissioner shall adopt rules necessary to
624624 implement this section, including a rule providing the number and
625625 schedule of administrations of alternative adaptive assessment
626626 instruments under this section and requiring the administration of
627627 one alternative adaptive assessment instrument:
628628 (1) at the beginning of each school year;
629629 (2) at the end of each school year; and
630630 (3) during each school year, between the
631631 administrations under Subdivisions (1) and (2).
632632 (k) Unless it conflicts with this section, a reference in
633633 law to an assessment instrument adopted under Section 39.023
634634 includes an alternative adaptive assessment instrument adopted by
635635 the agency or administered by a school district in accordance with
636636 this section.
637637 Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
638638 TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
639639 DISASTER. (a) If, during a school year, a statewide disaster
640640 declared by the president of the United States under the Robert T.
641641 Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
642642 Section 5121 et seq.) or by the governor under Chapter 418,
643643 Government Code, significantly disrupts school district
644644 operations, including in-person attendance, in a majority of school
645645 districts in this state, the commissioner shall apply to the United
646646 States Department of Education for a waiver of the requirement
647647 under the Every Student Succeeds Act (20 U.S.C. Section 6301 et
648648 seq.) to administer assessment instruments during that school year.
649649 (b) If the United States Department of Education fails to
650650 grant a waiver requested under Subsection (a), the assessment
651651 instruments shall be administered as required under Section 39.023
652652 during the applicable school year, but, notwithstanding any other
653653 law, the commissioner may not consider the results of the
654654 assessment instruments for purposes of:
655655 (1) evaluating school district or campus performance
656656 under this chapter for the applicable school year, including in
657657 determining:
658658 (A) the performance rating to assign to each
659659 district or campus under Section 39.054; or
660660 (B) whether to impose any intervention or
661661 sanction authorized by Chapter 39A after the applicable school year
662662 on each district or campus; or
663663 (2) determining a student's qualification for
664664 promotion or graduation.
665665 SECTION 20. Section 39.025, Education Code, is amended by
666666 amending Subsections (a), (a-4), (b), and (b-1) and adding
667667 Subsection (f-3) to read as follows:
668668 (a) The commissioner shall adopt rules requiring a student
669669 in the foundation high school program under Section 28.025 to be
670670 administered each [an end-of-course] assessment instrument
671671 selected under [listed in] Section 39.023(c) by the school district
672672 [only for a course] in which the student is enrolled [and for which
673673 an end-of-course assessment instrument is administered]. Each
674674 student's performance on an assessment instrument selected under
675675 Section 39.023(c) shall be evaluated to determine whether the [A]
676676 student achieved [is required to achieve] a scale score that
677677 indicates satisfactory performance, as determined by the
678678 commissioner under Section 39.0241(a)[, on each end-of-course
679679 assessment instrument administered to the student]. The results of
680680 the administration of an assessment instrument administered under
681681 Section 39.023(c) may not be used as criteria for graduation. The
682682 results may be used only for the purpose of diagnosing the academic
683683 strengths and deficiencies of a student and guiding specific
684684 instruction to the student. [For each scale score required under
685685 this subsection that is not based on a 100-point scale scoring
686686 system, the commissioner shall provide for conversion, in
687687 accordance with commissioner rule, of the scale score to an
688688 equivalent score based on a 100-point scale scoring system. A
689689 student may not receive a high school diploma until the student has
690690 performed satisfactorily on end-of-course assessment instruments
691691 in the manner provided under this subsection.] This subsection does
692692 not require a student to demonstrate readiness to enroll in an
693693 institution of higher education.
694694 (a-4) The admission, review, and dismissal committee of a
695695 student in a special education program under Subchapter A, Chapter
696696 29, shall determine whether, to receive a high school diploma, the
697697 student is required to achieve satisfactory performance on
698698 [end-of-course] assessment instruments administered under Section
699699 39.023(c).
700700 (b) Each time an [end-of-course] assessment instrument
701701 [adopted] under Section 39.023(c) is administered, a student who
702702 failed to achieve a score requirement under Subsection (a) may
703703 retake the assessment instrument. [A student is not required to
704704 retake a course as a condition of retaking an end-of-course
705705 assessment instrument.]
706706 (b-1) A school district shall provide each student who fails
707707 to perform satisfactorily as determined by the commissioner under
708708 Section 39.0241(a) on an [end-of-course] assessment instrument
709709 administered under Section 39.023(c) with accelerated instruction
710710 under Section 28.0217 [in the subject assessed by the assessment
711711 instrument].
712712 (f-3) The commissioner shall by rule adopt a transition plan
713713 to implement the amendments made by _.B. ___, Acts of the 88th
714714 Legislature, Regular Session, 2023, replacing end-of-course
715715 assessment instruments with one or more assessment instruments
716716 selected by a school district under Section 39.023(c). The rules
717717 must provide for each assessment instrument selected by a school
718718 district under Section 39.023(c) to be administered beginning with
719719 students enrolled in the ninth grade for the first time during the
720720 2023-2024 school year. During the period under which the
721721 transition from end-of-course assessment instruments is made:
722722 (1) for students entering a grade above the ninth
723723 grade during the 2023-2024 school year or students repeating ninth
724724 grade during the 2023-2024 school year, the commissioner shall
725725 retain, administer, and use for purposes of accreditation and other
726726 campus and district accountability measures under this chapter the
727727 end-of-course assessment instruments required by Section
728728 39.023(c), as that section existed before amendment by _.B. ___,
729729 Acts of the 88th Legislature, Regular Session, 2023; and
730730 (2) a student subject to Subdivision (1) may not
731731 receive a high school diploma unless the student has performed
732732 satisfactorily on:
733733 (A) each required end-of-course assessment
734734 instrument administered under Section 39.023(c), as that section
735735 existed before amendment by _.B. ___, Acts of the 88th Legislature,
736736 Regular Session, 2023; or
737737 (B) each assessment instrument selected under
738738 Section 39.023(c) by the district in which the student is enrolled.
739739 SECTION 21. Section 39.034(d), Education Code, is amended
740740 to read as follows:
741741 (d) The agency shall determine the necessary annual
742742 improvement required each year for a student to be prepared to
743743 perform satisfactorily on, as applicable:
744744 (1) the grade five assessment instruments;
745745 (2) the grade eight assessment instruments; and
746746 (3) the [end-of-course] assessment instruments
747747 required under this subchapter for graduation.
748748 SECTION 22. Section 39.035(a), Education Code, is amended
749749 to read as follows:
750750 (a) Subject to Subsection (b), the agency may conduct field
751751 testing of questions for any assessment instrument administered
752752 under Section 39.023(a), (b), [(c), (d),] or (l) that is separate
753753 from the administration of the assessment instrument not more
754754 frequently than every other school year.
755755 SECTION 23. Subchapter C, Chapter 39, Education Code, is
756756 amended by adding Section 39.0547 to read as follows:
757757 Sec. 39.0547. EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
758758 In this section, "specialized support campus" means a school
759759 district campus that:
760760 (1) has a campus identification number;
761761 (2) serves students enrolled in any grade level at
762762 which state assessment instruments are administered; and
763763 (3) has a student enrollment in which:
764764 (A) at least 90 percent of students receive
765765 special education services under Subchapter A, Chapter 29; and
766766 (B) a significant percentage of the students
767767 required to take an assessment instrument under Section 39.023:
768768 (i) take an alternative assessment
769769 instrument under Section 39.023(b) or (b-1); and
770770 (ii) are unable to provide an authentic
771771 academic response on that assessment instrument.
772772 (b) The commissioner, in consultation with administrators
773773 of specialized support campuses, teachers at specialized support
774774 campuses, parents and guardians of students enrolled at specialized
775775 support campuses, and other stakeholders, by rule shall establish
776776 appropriate accountability guidelines under this chapter for use by
777777 a specialized support campus in developing an alternative
778778 accountability plan under Subsection (c) based on the specific
779779 student population served by the campus. The commissioner shall
780780 provide for public notice and comment in adopting rules under this
781781 subsection.
782782 (c) A specialized support campus may develop and submit to
783783 the commissioner for approval an alternative accountability plan
784784 tailored to the student population served by the campus, based on
785785 the guidelines established under Subsection (b). The commissioner
786786 may approve the alternative accountability plan only if the plan:
787787 (1) follows the guidelines established under
788788 Subsection (b); and
789789 (2) complies with applicable federal law.
790790 (d) Notwithstanding any other provision of this code, if the
791791 commissioner approves an alternative accountability plan developed
792792 by a specialized support campus under Subsection (c), the
793793 commissioner shall determine, report, and consider the performance
794794 of students enrolled at the campus using that plan.
795795 (e) Not later than December 1, 2026, the commissioner shall
796796 submit to the governor, the lieutenant governor, the speaker of the
797797 house of representatives, and the standing legislative committees
798798 with primary jurisdiction over public education a report on the
799799 effectiveness of this section in evaluating specialized support
800800 campuses and any recommendations for legislative or other action.
801801 (f) This section expires September 1, 2027.
802802 SECTION 24. Section 39.203(c), Education Code, is amended
803803 to read as follows:
804804 (c) In addition to the distinction designations described
805805 by Subsections (a) and (b), a campus that satisfies the criteria
806806 developed under Section 39.204 shall be awarded a distinction
807807 designation by the commissioner for outstanding performance in
808808 academic achievement in English language arts, mathematics, or
809809 science[, or social studies].
810810 SECTION 25. Section 51.338(c), Education Code, is amended
811811 to read as follows:
812812 (c) A student who has achieved scores set by the board on the
813813 questions developed for end-of-course assessment instruments under
814814 Section 39.0233(a), as that section existed before repeal by
815815 _.B. ___, Acts of the 88th Legislature, Regular Session, 2023, is
816816 exempt from the requirements of this subchapter. The exemption is
817817 effective for the three-year period following the date a student
818818 takes the last assessment instrument for purposes of this
819819 subchapter and achieves the standard set by the board. This
820820 subsection does not apply during any period for which the board
821821 designates the questions developed for end-of-course assessment
822822 instruments under Section 39.0233(a), as that section existed
823823 before repeal by _.B. ___, Acts of the 88th Legislature, Regular
824824 Session, 2023, as the primary assessment instrument under this
825825 subchapter, except that the three-year period described by this
826826 subsection remains in effect for students who qualify for an
827827 exemption under this subsection before that period.
828828 SECTION 26. The following provisions of the Education Code
829829 are repealed:
830830 (1) Sections 39.023(a-15), (c-2), (c-4), (c-6),
831831 (c-7), (c-9), and (d);
832832 (2) Section 39.0233;
833833 (3) Section 39.024;
834834 (4) Sections 39.025(a-1), (a-2), (a-3), (a-5), and
835835 (e-1);
836836 (5) Section 39.053(d-1); and
837837 (6) Section 39.203(d).
838838 SECTION 27. As soon as practicable after the effective date
839839 of this Act, the Texas Education Agency shall adopt alternative
840840 adaptive assessment instruments as required by Section 39.02342,
841841 Education Code, as added by this Act.
842842 SECTION 28. As soon as practicable after the effective date
843843 of this Act, each school district shall provide notice to an eighth
844844 grade student under Section 39.025(g), Education Code, informing
845845 the student of the specific requirements applicable to the student
846846 under Sections 39.023(c) and 39.025(a), Education Code, as amended
847847 by this Act.
848848 SECTION 29. (a) Except as provided by Subsection (b), this
849849 Act applies beginning with the 2023-2024 school year.
850850 (b) Section 39.02342, Education Code, as added by this Act,
851851 applies beginning with the 2024-2025 school year.
852852 SECTION 30. Not later than January 1, 2024, the Texas
853853 Education Agency shall apply to the United States Department of
854854 Education for a waiver of the annual alternate assessment of
855855 students with significant cognitive disabilities required under
856856 the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
857857 the Individuals with Disabilities Education Act (20 U.S.C. Section
858858 1400 et seq.).
859859 SECTION 31. This Act takes effect immediately if it
860860 receives a vote of two-thirds of all the members elected to each
861861 house, as provided by Section 39, Article III, Texas Constitution.
862862 If this Act does not receive the vote necessary for immediate
863863 effect, this Act takes effect September 1, 2023.