1 | 1 | | By: Bucy H.B. No. 58 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to eliminating certain state-required end-of-course |
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7 | 7 | | assessment instruments not required by federal law and eliminating |
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8 | 8 | | graduation requirements based on satisfactory performance on |
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9 | 9 | | certain end-of-course assessment instruments. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 39.023, Education Code, is amended by |
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12 | 12 | | amending Subsection (c) and adding Subsection (q) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (c) The agency shall also adopt end-of-course assessment |
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15 | 15 | | instruments for secondary-level courses in Algebra I, biology, and |
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16 | 16 | | English I[, English II, and United States history]. The Algebra I |
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17 | 17 | | end-of-course assessment instrument must be administered with the |
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18 | 18 | | aid of technology, but may include one or more parts that prohibit |
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19 | 19 | | the use of technology. The English I [and English II] end-of-course |
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20 | 20 | | assessment instrument [instruments] must [each] assess essential |
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21 | 21 | | knowledge and skills in both reading and writing and must provide a |
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22 | 22 | | single score. A school district shall comply with State Board of |
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23 | 23 | | Education rules regarding administration of the assessment |
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24 | 24 | | instruments listed in this subsection. If a student is in a special |
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25 | 25 | | education program under Subchapter A, Chapter 29, the student's |
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26 | 26 | | admission, review, and dismissal committee shall determine whether |
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27 | 27 | | any allowable modification is necessary in administering to the |
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28 | 28 | | student an assessment instrument required under this subsection. |
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29 | 29 | | The State Board of Education shall administer the assessment |
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30 | 30 | | instruments. An end-of-course assessment instrument may be |
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31 | 31 | | administered in multiple parts over more than one day. The State |
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32 | 32 | | Board of Education shall adopt a schedule for the administration of |
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33 | 33 | | end-of-course assessment instruments that complies with the |
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34 | 34 | | requirements of Subsection (c-3). |
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35 | 35 | | (q) This subsection applies to end-of-course assessment |
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36 | 36 | | instruments adopted under Subsection (c) for secondary-level |
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37 | 37 | | courses in English II and United States history, as that subsection |
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38 | 38 | | existed before amendment by __.B. No.___, Acts of the 88th |
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39 | 39 | | Legislature, Regular Session, 2023. The agency may retain |
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40 | 40 | | assessment instruments described by this subsection, but may not |
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41 | 41 | | require a school district to administer those assessment |
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42 | 42 | | instruments. A school district may choose to administer an |
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43 | 43 | | assessment instrument described by this subsection. An assessment |
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44 | 44 | | instrument described by this subsection administered by a school |
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45 | 45 | | district may not be used for accountability purposes to measure the |
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46 | 46 | | performance of the district or a district campus. |
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47 | 47 | | SECTION 2. Section 39.025, Education Code, is amended by |
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48 | 48 | | amending Subsections (a-1) and (a-3) and adding Subsections (h), |
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49 | 49 | | (i), and (j) to read as follows: |
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50 | 50 | | (a-1) A student enrolled in a college preparatory |
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51 | 51 | | mathematics or English language arts course under Section 28.014 |
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52 | 52 | | who satisfies the Texas Success Initiative (TSI) college readiness |
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53 | 53 | | benchmarks prescribed by the Texas Higher Education Coordinating |
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54 | 54 | | Board under Section 51.334 on an assessment instrument designated |
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55 | 55 | | by the coordinating board under that section administered at the |
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56 | 56 | | end of the college preparatory mathematics or English language arts |
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57 | 57 | | course satisfies the requirements concerning and is exempt from the |
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58 | 58 | | administration of the Algebra I or the English I [and English II] |
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59 | 59 | | end-of-course assessment instrument [instruments], as applicable, |
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60 | 60 | | as prescribed by Section 39.023(c), even if the student did not |
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61 | 61 | | perform satisfactorily on a previous administration of the |
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62 | 62 | | applicable end-of-course assessment instrument. A student who |
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63 | 63 | | fails to perform satisfactorily on the assessment instrument |
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64 | 64 | | designated by the coordinating board under Section 51.334 |
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65 | 65 | | administered as provided by this subsection may retake that |
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66 | 66 | | assessment instrument for purposes of this subsection or may take |
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67 | 67 | | the appropriate end-of-course assessment instrument. |
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68 | 68 | | (a-3) A student who, after retaking an end-of-course |
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69 | 69 | | assessment instrument for Algebra I [or English II], has failed to |
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70 | 70 | | perform satisfactorily as required by Subsection (a)[,] but who |
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71 | 71 | | receives a score of proficient on the Texas Success Initiative |
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72 | 72 | | (TSI) diagnostic assessment for mathematics [the corresponding |
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73 | 73 | | subject for which the student failed to perform satisfactorily on |
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74 | 74 | | the end-of-course assessment instrument] satisfies the requirement |
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75 | 75 | | concerning the Algebra I [or English II] end-of-course assessment[, |
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76 | 76 | | as applicable]. |
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77 | 77 | | (h) Notwithstanding Subsection (a), in order to receive a |
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78 | 78 | | high school diploma, a student is not required to achieve a scale |
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79 | 79 | | score that indicates satisfactory performance on an end-of-course |
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80 | 80 | | assessment for secondary-level courses in English II or United |
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81 | 81 | | States history after the effective date of __.B. No.___, Acts of the |
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82 | 82 | | 88th Legislature, Regular Session, 2023, regardless of the date the |
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83 | 83 | | student enters high school. |
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84 | 84 | | (i) Subject to Subsection (j), a school district or |
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85 | 85 | | open-enrollment charter school policy that requires a student to |
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86 | 86 | | demonstrate satisfactory performance on an end-of-course |
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87 | 87 | | assessment for secondary-level courses in English II or United |
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88 | 88 | | States history does not apply to a student of the district or school |
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89 | 89 | | as of the effective date of __.B. No.___, Acts of the 88th |
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90 | 90 | | Legislature, Regular Session, 2023, regardless of the date that |
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91 | 91 | | student enters high school or whether the student is currently |
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92 | 92 | | enrolled in high school. |
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93 | 93 | | (j) The board of trustees of a school district or the |
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94 | 94 | | governing body of an open-enrollment charter school with a policy |
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95 | 95 | | described by Subsection (i) may readopt the policy after the |
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96 | 96 | | effective date of __.B. No.___, Acts of the 88th Legislature, |
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97 | 97 | | Regular Session, 2023, to apply to district or charter school |
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98 | 98 | | students enrolled in high school on or after the date the policy is |
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99 | 99 | | readopted. |
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100 | 100 | | SECTION 3. This Act applies beginning with the 2023-2024 |
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101 | 101 | | school year. |
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102 | 102 | | SECTION 4. This Act takes effect immediately if it receives |
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103 | 103 | | a vote of two-thirds of all the members elected to each house, as |
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104 | 104 | | provided by Section 39, Article III, Texas Constitution. If this |
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105 | 105 | | Act does not receive the vote necessary for immediate effect, this |
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106 | 106 | | Act takes effect on the 91st day after the last day of the |
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107 | 107 | | legislative session. |
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