TX
Texas House Bill HB1981

Texas 2023 - 88th Regular

Texas House Bill HB1981 Compare Versions

OldNewDifferences
11 88R1689 GCB-D
22 By: Vasut H.B. No. 1981
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the administration of assessment instruments to public
88 school students.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 12.260(c), Education Code, is amended to
1111 read as follows:
1212 (c) For a school year before the 2025-2026 school year, the
1313 agency shall adopt and administer one or more [the Algebra I,
1414 English II, and biology end-of-course] assessment instruments
1515 designated [instruments adopted] under Section 39.023(c) as the
1616 secondary exit-level assessment instrument required under this
1717 section. The level of performance considered to be satisfactory on
1818 those assessment instruments for purposes of this subsection is the
1919 level of performance considered to be satisfactory under Section
2020 39.0241(a) [adopted under 19 T.A.C. Section 101.4003(a), as that
2121 rule existed on January 1, 2021]. This subsection expires
2222 September 1, 2025.
2323 SECTION 2. Section 18.006(b), Education Code, is amended to
2424 read as follows:
2525 (b) In addition to other factors determined to be
2626 appropriate by the commissioner, the accountability system must
2727 include consideration of:
2828 (1) student performance on the [end-of-course]
2929 assessment instruments administered under [required by] Section
3030 39.023(c); and
3131 (2) dropout rates, including dropout rates and diploma
3232 program completion rates for the grade levels served by the diploma
3333 program.
3434 SECTION 3. Section 25.005(b), Education Code, is amended to
3535 read as follows:
3636 (b) A reciprocity agreement must:
3737 (1) address procedures for:
3838 (A) transferring student records;
3939 (B) awarding credit for completed course work;
4040 and
4141 (C) permitting a student to satisfy the
4242 requirements of Section 39.025 through successful performance on
4343 comparable [end-of-course or other exit-level] assessment
4444 instruments administered in another state; and
4545 (2) include appropriate criteria developed by the
4646 agency.
4747 SECTION 4. Section 28.014(a), Education Code, is amended to
4848 read as follows:
4949 (a) Each school district shall partner with at least one
5050 institution of higher education to develop and provide courses in
5151 college preparatory mathematics and English language arts. The
5252 courses must be designed:
5353 (1) for students at the 12th grade level whose
5454 performance on:
5555 (A) an [end-of-course] assessment instrument
5656 administered [required] under Section 39.023(c) does not meet
5757 college readiness standards; or
5858 (B) coursework, a college entrance examination,
5959 or an assessment instrument designated under Section 51.334
6060 indicates that the student is not ready to perform entry-level
6161 college coursework; and
6262 (2) to prepare students for success in entry-level
6363 college courses.
6464 SECTION 5. Section 28.0211(o), Education Code, is amended
6565 to read as follows:
6666 (o) This section does not require the administration of an
6767 [a fifth or eighth grade] assessment instrument in a subject under
6868 Section 39.023(a) to a student enrolled in the fifth [or eighth]
6969 grade[, as applicable,] if the student[:
7070 [(1)] is enrolled in a course in the subject intended
7171 for students above the student's grade level and will be
7272 administered an assessment instrument [adopted or developed] under
7373 Section 39.023(a) that aligns with the curriculum for the course in
7474 which the student is enrolled[; or
7575 [(2) is enrolled in a course in the subject for which
7676 the student will receive high school academic credit and will be
7777 administered an end-of-course assessment instrument adopted under
7878 Section 39.023(c) for the course].
7979 SECTION 6. Section 28.023(c), Education Code, is amended to
8080 read as follows:
8181 (c) A school district shall give a student in grade level
8282 six or above credit for a subject on the basis of an examination for
8383 credit in the subject approved by the board of trustees under
8484 Subsection (a) if the student scores in the 80th percentile or above
8585 on the examination or if the student achieves a score as provided by
8686 Subsection (c-1). If a student is given credit in a subject on the
8787 basis of an examination, the district shall enter the examination
8888 score on the student's transcript [and the student is not required
8989 to take an end-of-course assessment instrument adopted under
9090 Section 39.023(c) for that subject].
9191 SECTION 7. Sections 28.025(b-4) and (c-8), Education Code,
9292 are amended to read as follows:
9393 (b-4) A school district may offer the curriculum described
9494 in Subsections (b-1)(1) through (4) in an applied manner. Courses
9595 delivered in an applied manner must cover the essential knowledge
9696 and skills[, and the student shall be administered the applicable
9797 end-of-course assessment instrument as provided by Sections
9898 39.023(c) and 39.025].
9999 (c-8) For purposes of Subsection (c-7), the admission,
100100 review, and dismissal committee of a student in a special education
101101 program under Subchapter A, Chapter 29, shall determine whether the
102102 student is required to achieve satisfactory performance on an
103103 [end-of-course] assessment instrument administered under Section
104104 39.023(c) to earn an endorsement on the student's transcript.
105105 SECTION 8. Section 28.0258, Education Code, is amended by
106106 amending Subsections (a), (b), (f), (h), (j), and (k) and adding
107107 Subsections (m) and (n) to read as follows:
108108 (a) This section applies only to an 11th or 12th grade
109109 student who has failed to comply with the [end-of-course]
110110 assessment instrument performance requirements under Section
111111 39.025 for not more than two subjects identified under Section
112112 39.023(c) [courses].
113113 (b) For each student to whom this section applies, the
114114 school district that the student attends shall establish an
115115 individual graduation committee at the end of or after the
116116 student's 11th grade year to determine whether the student may
117117 qualify to graduate as provided by this section. A student may not
118118 qualify to graduate under this section before the student's 12th
119119 grade year. The committee shall be composed of:
120120 (1) the principal or principal's designee;
121121 (2) for each subject identified under Section
122122 39.023(c) for [end-of-course assessment instrument on] which the
123123 student failed to perform satisfactorily on the appropriate
124124 corresponding required assessment instrument, a [the] teacher of
125125 the student in that subject, designated by the principal [course];
126126 (3) the department chair or lead teacher supervising
127127 the teacher described by Subdivision (2); and
128128 (4) as applicable:
129129 (A) the student's parent or person standing in
130130 parental relation to the student;
131131 (B) a designated advocate described by
132132 Subsection (c) if the person described by Paragraph (A) is unable to
133133 serve; or
134134 (C) the student, at the student's option, if the
135135 student is at least 18 years of age or is an emancipated minor.
136136 (f) Notwithstanding any other law, a student's individual
137137 graduation committee established under this section shall
138138 recommend additional requirements by which the student may qualify
139139 to graduate, including:
140140 (1) additional remediation; and
141141 (2) for each [end-of-course] assessment instrument
142142 required under Section 39.023(c) on which the student failed to
143143 perform satisfactorily:
144144 (A) the completion of a project related to the
145145 subject area [of the course] that demonstrates proficiency in the
146146 subject area; or
147147 (B) the preparation of a portfolio of work
148148 samples in the subject area [of the course], including work samples
149149 [from the course] that demonstrate proficiency in the subject area.
150150 (h) In determining whether a student for whom an individual
151151 graduation committee is established is qualified to graduate, the
152152 committee shall consider:
153153 (1) the recommendation of the student's teacher in
154154 each course of the subject for which the student failed to perform
155155 satisfactorily on an [end-of-course] assessment instrument;
156156 (2) the student's grade in each course of the subject
157157 for which the student failed to perform satisfactorily on an
158158 [end-of-course] assessment instrument;
159159 (3) the student's score on each [end-of-course]
160160 assessment instrument required under Section 39.023(c) on which the
161161 student failed to perform satisfactorily;
162162 (4) the student's performance on any additional
163163 requirements recommended by the committee under Subsection (f);
164164 (5) the number of hours of remediation that the
165165 student has attended, including[:
166166 [(A) attendance in a college preparatory course
167167 required under Section 39.025(b-2), if applicable; or
168168 [(B)] attendance in and successful completion of
169169 a transitional college course in reading or mathematics;
170170 (6) the student's school attendance rate;
171171 (7) the student's satisfaction of any of the Texas
172172 Success Initiative (TSI) college readiness benchmarks prescribed
173173 by the Texas Higher Education Coordinating Board;
174174 (8) the student's successful completion of a dual
175175 credit course in English, mathematics, science, or social studies;
176176 (9) the student's successful completion of a high
177177 school pre-advanced placement, advanced placement, or
178178 international baccalaureate program course in English,
179179 mathematics, science, or social studies;
180180 (10) the student's rating of advanced high on the most
181181 recent high school administration of the Texas English Language
182182 Proficiency Assessment System;
183183 (11) the student's score of 50 or greater on a
184184 College-Level Examination Program examination;
185185 (12) the student's score on:
186186 (A) the ACT or[,] the SAT, if not otherwise
187187 considered under Subdivision (3); or
188188 (B) the Armed Services Vocational Aptitude
189189 Battery test;
190190 (13) the student's completion of a sequence of courses
191191 under a career and technical education program required to attain
192192 an industry-recognized credential or certificate;
193193 (14) the student's overall preparedness for
194194 postsecondary success; and
195195 (15) any other academic information designated for
196196 consideration by the board of trustees of the school district.
197197 (j) Notwithstanding any action taken by an individual
198198 graduation committee under this section, a school district shall
199199 administer an [end-of-course] assessment instrument required under
200200 Section 39.023(c) to any student who fails to perform
201201 satisfactorily on an [end-of-course] assessment instrument
202202 required under Section 39.023(c) as provided by Section 39.025(b).
203203 For purposes of Section 39.053(c)(1), an assessment instrument
204204 administered as provided by this subsection is considered an
205205 assessment instrument required for graduation retaken by a student.
206206 (k) The commissioner shall adopt rules as necessary to
207207 administer [implement] this section [not later than the 2015-2016
208208 school year].
209209 (m) For a student subject to Section 39.025(f-3)(1):
210210 (1) for purposes of Subsection (a), this section
211211 applies only to an 11th or 12th grade student who has failed to
212212 comply with the end-of-course assessment instrument performance
213213 requirements under Section 39.025, as that section existed before
214214 amendment by __.B. ____, Acts of the 88th Legislature, Regular
215215 Session, 2023, for not more than two courses listed in Section
216216 39.023(c), as that section existed before amendment by __.B. ____,
217217 Acts of the 88th Legislature, Regular Session, 2023;
218218 (2) for purposes of the composition of an individual
219219 graduation committee under Subsection (b)(2), the committee shall
220220 include the teacher of the course for each end-of-course assessment
221221 instrument described by Subdivision (1) for which the student
222222 failed to perform satisfactorily;
223223 (3) for purposes of Subsection (h)(1), an individual
224224 graduation committee shall consider the recommendation of the
225225 teacher described by Subdivision (2); and
226226 (4) for purposes of Subsection (h)(2), an individual
227227 graduation committee shall consider the student's grade in each
228228 course described by Subdivision (2).
229229 (n) Subsection (m) and this subsection expire September 1,
230230 2027.
231231 SECTION 9. Sections 29.081(b) and (b-1), Education Code,
232232 are amended to read as follows:
233233 (b) Each district shall provide accelerated instruction to
234234 a student enrolled in the district who has taken an [end-of-course]
235235 assessment instrument administered under Section 39.023(c) and has
236236 not performed satisfactorily on the assessment instrument or who is
237237 at risk of dropping out of school.
238238 (b-1) Each school district shall offer before the next
239239 scheduled administration of the assessment instrument, without
240240 cost to the student, additional accelerated instruction to each
241241 student in any subject in which the student failed to perform
242242 satisfactorily on an [end-of-course] assessment instrument
243243 required for graduation.
244244 SECTION 10. Section 29.087(f), Education Code, is amended
245245 to read as follows:
246246 (f) A student participating in a program authorized by this
247247 section, other than a student ordered to participate under
248248 Subsection (d)(1), must have taken any [the] appropriate
249249 [end-of-course] assessment instrument [instruments] specified by
250250 Section 39.023(c) that is administered before the student enters
251251 [entering] the program and must take any [each] appropriate
252252 [end-of-course] assessment instrument that is administered during
253253 the period in which the student is enrolled in the program. Except
254254 for a student ordered to participate under Subsection (d)(1), a
255255 student participating in the program may not take the high school
256256 equivalency examination unless the student has taken the assessment
257257 instruments required by this subsection.
258258 SECTION 11. Sections 29.099(d) and (h), Education Code, are
259259 amended to read as follows:
260260 (d) A participating campus shall identify a student who does
261261 not perform at grade level on a mathematics [an] assessment
262262 instrument administered under Section 39.023(a) [39.023(a)(1)], or
263263 an equivalent assessment instrument administered under Section
264264 39.023(l), as a student eligible for participation in the
265265 intervention program. During a student's placement in the
266266 intervention program, a campus shall use progress monitoring
267267 assessments to ensure that a student is making appropriate progress
268268 in the program.
269269 (h) [Program Evaluation.] The commissioner of education
270270 shall contract for the evaluation of the effectiveness of the
271271 intervention program established under this section. The
272272 commissioner may consider centers for education research to conduct
273273 this evaluation. The evaluation shall describe progress under the
274274 mathematics assessment instruments administered under Section
275275 39.023(a) [39.023(a)(1)] or equivalent assessment instruments
276276 administered under Section 39.023(l) to students participating in
277277 the intervention program.
278278 SECTION 12. Section 29.402(b), Education Code, is amended
279279 to read as follows:
280280 (b) A person who is under 26 years of age is eligible to
281281 enroll in a dropout recovery program under this subchapter if the
282282 person:
283283 (1) must complete not more than three course credits
284284 to complete the curriculum requirements for the foundation high
285285 school program for high school graduation; or
286286 (2) has failed to perform satisfactorily on, as
287287 applicable:
288288 (A) an [end-of-course] assessment instrument
289289 administered under Section 39.023(c);
290290 (B) an assessment instrument administered under
291291 Section 39.023(c) as that section existed before amendment by __.B.
292292 ____, Acts of the 88th Legislature, Regular Session, 2023; or
293293 (C) an assessment instrument administered under
294294 Section 39.023(c) as that section existed before amendment by
295295 Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
296296 Session, 2007.
297297 SECTION 13. Section 29.9091(b), Education Code, is amended
298298 to read as follows:
299299 (b) A school district or open-enrollment charter school
300300 that operates a full-time local remote learning program must:
301301 (1) include in the program:
302302 (A) at least one grade level in which an
303303 assessment instrument is required to be administered under Section
304304 39.023(a), including each subject for which an assessment
305305 instrument is required; or
306306 (B) a complete high school program, including
307307 each subject [course] for which an [end-of-course] assessment
308308 instrument is required to be administered under Section 39.023(c);
309309 and
310310 (2) offer the option for a student's parent or person
311311 standing in parental relation to select in-person instruction for
312312 the student.
313313 SECTION 14. Section 39.023, Education Code, is amended by
314314 amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13),
315315 (c), (c-3), (c-5), (e), (g), (h), (i), and (p) and adding
316316 Subsections (h-1) and (q) to read as follows:
317317 (a) The commissioner [agency] shall identify a procedure
318318 for a school district to select the Iowa Assessments or other
319319 similar, available assessment instruments for the assessment of
320320 [adopt or develop appropriate criterion-referenced assessment
321321 instruments designed to assess] essential knowledge and skills
322322 annually in grades three through eight in each federally required
323323 subject, including [in] reading, mathematics, [social studies,]
324324 and science. Except as provided by Subsection (a-2), all students,
325325 other than students assessed under Subsection (b) or (l) or
326326 exempted under Section 39.027, shall be assessed in accordance with
327327 this subsection. Each school district shall select one or more
328328 assessment instruments for purposes of this subsection. A school
329329 district that selects more than one assessment instrument must
330330 uniformly administer to students in the district the same
331331 assessment instrument to satisfy the requirement for the same
332332 subject[:
333333 [(1) mathematics, annually in grades three through
334334 eight;
335335 [(2) reading, annually in grades three through eight;
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-1) The agency shall adopt [develop] assessment
341341 instruments required under Subsection (a) in a manner that allows,
342342 to the extent practicable:
343343 (1) the score a student receives to provide reliable
344344 information relating to a student's satisfactory performance for
345345 each performance standard under Section 39.0241; and
346346 (2) an appropriate range of performances to serve as a
347347 valid indication of growth in student achievement.
348348 (a-2) Except as required by federal law, a student is not
349349 required to be assessed in a subject otherwise assessed at the
350350 student's grade level under Subsection (a) if the student[:
351351 [(1)] is enrolled in a course in the subject intended
352352 for students above the student's grade level and will be
353353 administered an assessment instrument adopted [or developed] under
354354 Subsection (a) that aligns with the curriculum for the course in
355355 which the student is enrolled[; or
356356 [(2) is enrolled in a course in the subject for which
357357 the student will receive high school academic credit and will be
358358 administered an end-of-course assessment instrument adopted under
359359 Subsection (c) for the course].
360360 (a-11) Before an assessment instrument adopted [or
361361 developed] under Subsection (a) may be administered under that
362362 subsection, the assessment instrument must, on the basis of
363363 empirical evidence, be determined to be valid and reliable by an
364364 entity that is independent of the agency and of any other entity
365365 that developed the assessment instrument.
366366 (a-12) An assessment instrument adopted [or developed]
367367 under Subsection (a) may not have more than three parts. A part of
368368 an assessment instrument must be designed so that:
369369 (1) if administered to students in grades three and
370370 four, 85 percent of students will be able to complete that part
371371 within 60 minutes; and
372372 (2) if administered to students in grades five through
373373 eight, 85 percent of students will be able to complete that part
374374 within 75 minutes.
375375 (a-13) The amount of time allowed for administration of an
376376 assessment instrument adopted [or developed] under Subsection (a)
377377 may not exceed eight hours, and the administration may occur in
378378 multiple parts over more than one day.
379379 (c) The agency shall also provide for [adopt end-of-course]
380380 assessment instruments for each federally required secondary-level
381381 subject, including English language arts, mathematics, and
382382 science. The commissioner shall identify a procedure for a school
383383 district to select the SAT, the ACT, or any other nationally
384384 recognized, norm-referenced secondary-level assessment instrument
385385 designated by the commissioner for the assessment of students under
386386 this subsection. Each school district shall select one or more
387387 assessment instruments for purposes of this subsection. A school
388388 district that selects more than one assessment instrument must
389389 uniformly administer to students in the district the same
390390 assessment instrument to satisfy the requirement for the same
391391 subject [courses in Algebra I, biology, English I, English II, and
392392 United States history. The Algebra I end-of-course assessment
393393 instrument must be administered with the aid of technology, but may
394394 include one or more parts that prohibit the use of technology]. An
395395 [The English I and English II end-of-course] assessment instrument
396396 designated under this subsection [instruments] must [each] assess
397397 essential knowledge and skills in the appropriate subject [both
398398 reading and writing and must provide a single score]. A school
399399 district shall comply with State Board of Education rules regarding
400400 administration of the assessment instruments under [listed in] this
401401 subsection. If a student is in a special education program under
402402 Subchapter A, Chapter 29, the student's admission, review, and
403403 dismissal committee shall determine whether any allowable
404404 modification is necessary in administering to the student an
405405 assessment instrument required under this subsection. [The State
406406 Board of Education shall administer the assessment instruments. An
407407 end-of-course assessment instrument may be administered in
408408 multiple parts over more than one day. The State Board of Education
409409 shall adopt a schedule for the administration of end-of-course
410410 assessment instruments that complies with the requirements of
411411 Subsection (c-3).]
412412 (c-3) In [Except as provided by Subsection (c-7) or as
413413 otherwise provided by this subsection, in] adopting a schedule for
414414 the administration of assessment instruments under this section,
415415 the State Board of Education shall ensure that assessment
416416 instruments administered under Subsection (a) or (c) are not
417417 administered on the first instructional day of a week. On request
418418 by a school district or open-enrollment charter school, the
419419 commissioner may allow the district or school to administer an
420420 assessment instrument required under Subsection (a) or (c) on the
421421 first instructional day of a week if administering the assessment
422422 instrument on another instructional day would result in a
423423 significant administrative burden due to specific local
424424 conditions.
425425 (c-5) A student's performance on an [end-of-course]
426426 assessment instrument administered [required] under Subsection (c)
427427 must be included in the student's academic achievement record.
428428 (e) Under rules adopted by the State Board of Education,
429429 every third year, the agency shall release the questions and answer
430430 keys to each assessment instrument administered under Subsection
431431 [(a),] (b)[, (c), (d),] or (l), excluding any assessment instrument
432432 administered to a student for the purpose of retaking the
433433 assessment instrument, after the last time the instrument is
434434 administered for that school year. To ensure a valid bank of
435435 questions for use each year, the agency is not required to release a
436436 question that is being field-tested and was not used to compute the
437437 student's score on the instrument. The agency shall also release,
438438 under board rule, each question that is no longer being
439439 field-tested and that was not used to compute a student's score.
440440 [During the 2014-2015 and 2015-2016 school years, the agency shall
441441 release the questions and answer keys to assessment instruments as
442442 described by this subsection each year.]
443443 (g) An [The State Board of Education may adopt one
444444 appropriate, nationally recognized, norm-referenced] assessment
445445 instrument administered under Subsection (a) or (c) [in reading and
446446 mathematics to be administered to a selected sample of students in
447447 the spring. If adopted, a norm-referenced assessment instrument]
448448 must be a secured test. The commissioner shall contract with a
449449 vendor to administer the assessment instrument, complete the
450450 scoring of the assessment instrument, and distribute within a
451451 reasonable period the results to the agency and the relevant
452452 results to each school district. As soon as practicable after the
453453 district receives the results from the vendor under this
454454 subsection, the district shall:
455455 (1) distribute the relevant results to each district
456456 campus; and
457457 (2) provide written notice to the student and the
458458 student's parent or person standing in parental relation to the
459459 student that states the student's results and whether the student
460460 performed satisfactorily on the assessment instrument [The state
461461 may pay the costs of purchasing and scoring the adopted assessment
462462 instrument and of distributing the results of the adopted
463463 instrument to the school districts. A district that administers
464464 the norm-referenced test adopted under this subsection shall report
465465 the results to the agency in a manner prescribed by the
466466 commissioner].
467467 (h) Except as provided by Subsection (g), the [The] agency
468468 shall notify school districts and campuses of the results of
469469 assessment instruments administered under this section not later
470470 than the 21st day after the date the assessment instrument is
471471 administered.
472472 (h-1) A [The] school district shall disclose to each
473473 district teacher the results of assessment instruments
474474 administered to students taught by the teacher in the subject for
475475 the school year in which the assessment instrument is administered.
476476 (i) The provisions of this section[, except Subsection
477477 (d),] are subject to modification by rules adopted under Section
478478 39.022. Each assessment instrument adopted or designated under
479479 those rules [and each assessment instrument required under
480480 Subsection (d)] must be reliable and valid and must meet any
481481 applicable federal requirements for measurement of student
482482 progress.
483483 (p) On or before September 1 of each year, the commissioner
484484 shall make the following information available on the agency's
485485 Internet website for each assessment instrument administered under
486486 Subsection [(a), (c), or] (l):
487487 (1) the number of questions on the assessment
488488 instrument;
489489 (2) the number of questions that must be answered
490490 correctly to achieve satisfactory performance as determined by the
491491 commissioner under Section 39.0241(a);
492492 (3) the number of questions that must be answered
493493 correctly to achieve satisfactory performance under the college
494494 readiness performance standard as provided by Section 39.0241; and
495495 (4) the corresponding scale scores.
496496 (q) Notwithstanding any provision of this section or other
497497 law, if changes made to the Every Student Succeeds Act (20 U.S.C.
498498 Section 6301 et seq.) reduce the number or frequency of assessment
499499 instruments required to be administered to students, the State
500500 Board of Education shall adopt rules reducing the number or
501501 frequency of assessment instruments administered to students under
502502 state law, and the commissioner shall ensure that students are not
503503 assessed in subject areas or in grades that are no longer required
504504 to meet the minimum requirements of that Act.
505505 SECTION 15. The heading to Section 39.0232, Education Code,
506506 is amended to read as follows:
507507 Sec. 39.0232. USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
508508 AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
509509 SECTION 16. Sections 39.0232(a), (b), and (c), Education
510510 Code, are amended to read as follows:
511511 (a) To the extent practicable, the agency shall ensure that
512512 any high school [end-of-course] assessment instrument designated
513513 under Section 39.023(c) [developed by the agency is developed in
514514 such a manner that the assessment instrument] may be used to
515515 determine the appropriate placement of a student in a course of the
516516 same subject matter at an institution of higher education.
517517 (b) A student's performance on an [end-of-course]
518518 assessment instrument administered under Section 39.023(c) may not
519519 be used:
520520 (1) in determining the student's class ranking for any
521521 purpose, including entitlement to automatic college admission
522522 under Section 51.803 or 51.804; or
523523 (2) as a sole criterion in the determination of
524524 whether to admit the student to a general academic teaching
525525 institution in this state.
526526 (c) Subsection (b)(2) does not prohibit a general academic
527527 teaching institution from implementing an admission policy that
528528 takes into consideration a student's performance on an
529529 [end-of-course] assessment instrument administered under Section
530530 39.023(c) in addition to other criteria.
531531 SECTION 17. Section 39.0234(a), Education Code, is amended
532532 to read as follows:
533533 (a) Each assessment instrument required under Section
534534 39.023(l) [39.023(a), (c), or (l)] must be administered
535535 electronically, unless otherwise provided by commissioner rule.
536536 SECTION 18. Section 39.0241, Education Code, is amended by
537537 amending Subsection (a-1) and adding Subsection (a-2) to read as
538538 follows:
539539 (a-1) The commissioner of education, in collaboration with
540540 the commissioner of higher education, shall determine the level of
541541 performance necessary to indicate college readiness[, as defined by
542542 Section 39.024(a)].
543543 (a-2) In this section, "college readiness" means the level
544544 of preparation a student must attain in English language arts and
545545 mathematics courses to enroll and succeed, without remediation, in
546546 an entry-level general education course for credit in that same
547547 content area for a baccalaureate degree or associate degree program
548548 at:
549549 (1) a general academic teaching institution, as
550550 defined by Section 61.003, other than a research institution, as
551551 categorized under the Texas Higher Education Coordinating Board's
552552 accountability system; or
553553 (2) a postsecondary educational institution that
554554 primarily offers associate degrees or certificates or credentials
555555 other than baccalaureate or advanced degrees.
556556 SECTION 19. Section 39.025, Education Code, is amended by
557557 amending Subsections (a), (a-4), (a-5), (b), and (b-1) and adding
558558 Subsection (f-3) to read as follows:
559559 (a) The commissioner shall adopt rules requiring a student
560560 in the foundation high school program under Section 28.025 to be
561561 administered each [an end-of-course] assessment instrument
562562 selected under [listed in] Section 39.023(c) by the school district
563563 [only for a course] in which the student is enrolled [and for which
564564 an end-of-course assessment instrument is administered]. Each
565565 student's performance on an assessment instrument selected under
566566 Section 39.023(c) shall be evaluated to determine whether the [A]
567567 student achieved [is required to achieve] a scale score that
568568 indicates satisfactory performance, as determined by the
569569 commissioner under Section 39.0241(a)[, on each end-of-course
570570 assessment instrument administered to the student]. For each scale
571571 score required under this subsection that is not based on a
572572 100-point scale scoring system, the commissioner shall provide for
573573 conversion, in accordance with commissioner rule, of the scale
574574 score to an equivalent score based on a 100-point scale scoring
575575 system. A student may not receive a high school diploma until the
576576 student has performed satisfactorily on each assessment instrument
577577 selected under Section 39.023(c) [end-of-course assessment
578578 instruments] in the manner provided under this subsection. This
579579 subsection does not require a student to demonstrate readiness to
580580 enroll in an institution of higher education.
581581 (a-4) The admission, review, and dismissal committee of a
582582 student in a special education program under Subchapter A, Chapter
583583 29, shall determine whether, to receive a high school diploma, the
584584 student is required to achieve satisfactory performance on
585585 [end-of-course] assessment instruments administered under Section
586586 39.023(c).
587587 (a-5) Notwithstanding Subsection (a), a student who has
588588 failed to perform satisfactorily on an [end-of-course] assessment
589589 instrument required under Section 39.023(c) [instruments] in the
590590 manner provided under this section may receive a high school
591591 diploma if the student has qualified for graduation under Section
592592 28.0258.
593593 (b) Each time an [end-of-course] assessment instrument
594594 [adopted] under Section 39.023(c) is administered, a student who
595595 failed to achieve a score requirement under Subsection (a) may
596596 retake the assessment instrument. A student is not required to
597597 retake a course as a condition of retaking the [an end-of-course]
598598 assessment instrument.
599599 (b-1) A school district shall provide each student who fails
600600 to perform satisfactorily as determined by the commissioner under
601601 Section 39.0241(a) on an [end-of-course] assessment instrument
602602 administered under Section 39.023(c) with accelerated instruction
603603 under Section 28.0217 [in the subject assessed by the assessment
604604 instrument].
605605 (f-3) The commissioner shall by rule adopt a transition plan
606606 to implement the amendments made by _.B. ___, Acts of the 88th
607607 Legislature, Regular Session, 2023, replacing end-of-course
608608 assessment instruments with one or more assessment instruments
609609 selected by a school district under Section 39.023(c). The rules
610610 must provide for each assessment instrument selected by a school
611611 district under Section 39.023(c) to be administered beginning with
612612 students enrolled in the ninth grade for the first time during the
613613 2023-2024 school year. During the period under which the
614614 transition from end-of-course assessment instruments is made:
615615 (1) for students entering a grade above the ninth
616616 grade during the 2023-2024 school year or students repeating ninth
617617 grade during the 2023-2024 school year, the commissioner shall
618618 retain, administer, and use for purposes of accreditation and other
619619 campus and district accountability measures under this chapter the
620620 end-of-course assessment instruments required by Section
621621 39.023(c), as that section existed before amendment by _.B. ___,
622622 Acts of the 88th Legislature, Regular Session, 2023; and
623623 (2) a student subject to Subdivision (1) may not
624624 receive a high school diploma unless the student has performed
625625 satisfactorily on:
626626 (A) each required end-of-course assessment
627627 instrument administered under Section 39.023(c), as that section
628628 existed before amendment by _.B. ___, Acts of the 88th Legislature,
629629 Regular Session, 2023; or
630630 (B) each assessment instrument selected under
631631 Section 39.023(c) by the district in which the student is enrolled.
632632 SECTION 20. Section 39.034(d), Education Code, is amended
633633 to read as follows:
634634 (d) The agency shall determine the necessary annual
635635 improvement required each year for a student to be prepared to
636636 perform satisfactorily on, as applicable:
637637 (1) the grade five assessment instruments;
638638 (2) the grade eight assessment instruments; and
639639 (3) the [end-of-course] assessment instruments
640640 required under this subchapter for graduation.
641641 SECTION 21. Section 39.035(a), Education Code, is amended
642642 to read as follows:
643643 (a) Subject to Subsection (b), the agency may conduct field
644644 testing of questions for any assessment instrument administered
645645 under Section 39.023(b) [39.023(a), (b), (c), (d),] or (l) that is
646646 separate from the administration of the assessment instrument not
647647 more frequently than every other school year.
648648 SECTION 22. Section 39.036(a), Education Code, is amended
649649 to read as follows:
650650 (a) The agency shall develop a vertical scale for assessing
651651 student performance on mathematics and reading assessment
652652 instruments administered under Section 39.023(a) [Sections
653653 39.023(a)(1) and (2)] in a manner that allows the agency to compare
654654 the performance of a student on the assessment instruments from one
655655 grade level to the next.
656656 SECTION 23. Section 39.203(c), Education Code, is amended
657657 to read as follows:
658658 (c) In addition to the distinction designations described
659659 by Subsections (a) and (b), a campus that satisfies the criteria
660660 developed under Section 39.204 shall be awarded a distinction
661661 designation by the commissioner for outstanding performance in
662662 academic achievement in English language arts, mathematics, or
663663 science[, or social studies].
664664 SECTION 24. Section 51.338(c), Education Code, is amended
665665 to read as follows:
666666 (c) A student who has achieved scores set by the board on the
667667 questions developed for end-of-course assessment instruments under
668668 Section 39.0233(a), as that section existed before repeal by
669669 _.B. ___, Acts of the 88th Legislature, Regular Session, 2023, is
670670 exempt from the requirements of this subchapter. The exemption is
671671 effective for the three-year period following the date a student
672672 takes the last assessment instrument for purposes of this
673673 subchapter and achieves the standard set by the board. This
674674 subsection does not apply during any period for which the board
675675 designates the questions developed for end-of-course assessment
676676 instruments under Section 39.0233(a), as that section existed
677677 before repeal by _.B. ___, Acts of the 88th Legislature, Regular
678678 Session, 2023, as the primary assessment instrument under this
679679 subchapter, except that the three-year period described by this
680680 subsection remains in effect for students who qualify for an
681681 exemption under this subsection before that period.
682682 SECTION 25. The following provisions of the Education Code
683683 are repealed:
684684 (1) Sections 39.023(a-4), (a-15), (c-2), (c-4),
685685 (c-6), (c-7), (c-8), (c-9), and (d);
686686 (2) Section 39.0233;
687687 (3) Section 39.024;
688688 (4) Sections 39.025(a-1), (a-2), (a-3), and (e-1); and
689689 (5) Section 39.203(d).
690690 SECTION 26. As soon as practicable after the effective date
691691 of this Act, each school district shall provide notice to an eighth
692692 grade student under Section 39.025(g), Education Code, informing
693693 the student of the specific requirements applicable to the student
694694 under Sections 39.023(c) and 39.025(a), Education Code, as amended
695695 by this Act.
696696 SECTION 27. This Act applies beginning with the 2025-2026
697697 school year.
698698 SECTION 28. This Act takes effect immediately if it
699699 receives a vote of two-thirds of all the members elected to each
700700 house, as provided by Section 39, Article III, Texas Constitution.
701701 If this Act does not receive the vote necessary for immediate
702702 effect, this Act takes effect September 1, 2023.