88R1703 GCB-F
By: Bucy H.B. No. 337
A BILL TO BE ENTITLED
AN ACT
relating to eliminating certain state-required end-of-course
assessment instruments not required by federal law and eliminating
graduation requirements based on satisfactory performance on
certain end-of-course assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
amending Subsection (c) and adding Subsection (q) to read as
follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, biology, and
English I[, English II, and United States history]. The Algebra I
end-of-course assessment instrument must be administered with the
aid of technology, but may include one or more parts that prohibit
the use of technology. The English I [and English II]
end-of-course assessment instrument [instruments] must [each]
assess essential knowledge and skills in both reading and writing
and must provide a single score. A school district shall comply
with State Board of Education rules regarding administration of the
assessment instruments listed in this subsection. If a student is
in a special education program under Subchapter A, Chapter 29, the
student's admission, review, and dismissal committee shall
determine whether any allowable modification is necessary in
administering to the student an assessment instrument required
under this subsection. The State Board of Education shall
administer the assessment instruments. An end-of-course
assessment instrument may be administered in multiple parts over
more than one day. The State Board of Education shall adopt a
schedule for the administration of end-of-course assessment
instruments that complies with the requirements of Subsection
(c-3).
(q) This subsection applies to end-of-course assessment
instruments adopted under Subsection (c) for secondary-level
courses in English II and United States history, as that subsection
existed before amendment by __.B. No.___, Acts of the 88th
Legislature, Regular Session, 2023. The agency may retain
assessment instruments described by this subsection, but may not
require a school district to administer those assessment
instruments. A school district may choose to administer an
assessment instrument described by this subsection. An assessment
instrument described by this subsection administered by a school
district may not be used for accountability purposes to measure the
performance of the district or a district campus.
SECTION 2. Section 39.025, Education Code, is amended by
amending Subsections (a-1) and (a-3) and adding Subsections (h),
(i), and (j) to read as follows:
(a-1) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who satisfies the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.334 on an assessment instrument designated
by the coordinating board under that section administered at the
end of the college preparatory mathematics or English language arts
course satisfies the requirements concerning and is exempt from the
administration of the Algebra I or the English I [and English II]
end-of-course assessment instrument [instruments], as applicable,
as prescribed by Section 39.023(c), even if the student did not
perform satisfactorily on a previous administration of the
applicable end-of-course assessment instrument. A student who
fails to perform satisfactorily on the assessment instrument
designated by the coordinating board under Section 51.334
administered as provided by this subsection may retake that
assessment instrument for purposes of this subsection or may take
the appropriate end-of-course assessment instrument.
(a-3) A student who, after retaking an end-of-course
assessment instrument for Algebra I [or English II], has failed to
perform satisfactorily as required by Subsection (a)[,] but who
receives a score of proficient on the Texas Success Initiative
(TSI) diagnostic assessment for mathematics [the corresponding
subject for which the student failed to perform satisfactorily on
the end-of-course assessment instrument] satisfies the requirement
concerning the Algebra I [or English II] end-of-course assessment[,
as applicable].
(h) Notwithstanding Subsection (a), in order to receive a
high school diploma, a student is not required to achieve a scale
score that indicates satisfactory performance on an end-of-course
assessment for secondary-level courses in English II or United
States history after the effective date of ___.B. No. _____, Acts of
the 88th Legislature, Regular Session, 2023, regardless of the date
the student enters high school.
(i) Subject to Subsection (j), a school district or
open-enrollment charter school policy that requires a student to
demonstrate satisfactory performance on an end-of-course
assessment for secondary-level courses in English II or United
States history does not apply to a student of the district or school
as of the effective date of ___.B. No. _____, Acts of the 88th
Legislature, Regular Session, 2023, regardless of the date that
student enters high school or whether the student is currently
enrolled in high school.
(j) The board of trustees of a school district or the
governing body of an open-enrollment charter school with a policy
described by Subsection (i) may readopt the policy after the
effective date of ___.B. No. _____, Acts of the 88th Legislature,
Regular Session, 2023, to apply to district or charter school
students enrolled in high school on or after the date the policy is
readopted.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.