Bill Text: TX HB1191 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to secondary-level assessment of public school students and the use of individual graduation committees to satisfy certain public high school graduation requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to Public Education [HB1191 Detail]
Download: Texas-2017-HB1191-Introduced.html
85R2000 CAE-D | ||
By: Bell | H.B. No. 1191 |
|
||
|
||
relating to secondary-level assessment of public school students | ||
and the use of individual graduation committees to satisfy certain | ||
public high school graduation requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Effective August 31, 2017, Section 12.104(b-2), | ||
Education Code, is amended to read as follows: | ||
(b-2) An open-enrollment charter school is subject to the | ||
requirement to establish an individual graduation committee under | ||
Section 28.0258. [ |
||
SECTION 2. Section 18.006(b), Education Code, is amended to | ||
read as follows: | ||
(b) In addition to other factors determined to be | ||
appropriate by the commissioner, the accountability system must | ||
include consideration of: | ||
(1) student performance on the [ |
||
assessment instruments required by Section 39.023(c); and | ||
(2) dropout rates, including dropout rates and diploma | ||
program completion rates for the grade levels served by the diploma | ||
program. | ||
SECTION 3. Section 25.005(b), Education Code, is amended to | ||
read as follows: | ||
(b) A reciprocity agreement must: | ||
(1) address procedures for: | ||
(A) transferring student records; | ||
(B) awarding credit for completed course work; | ||
and | ||
(C) permitting a student to satisfy the | ||
requirements of Section 39.025 through successful performance on | ||
comparable [ |
||
instruments administered in another state; and | ||
(2) include appropriate criteria developed by the | ||
agency. | ||
SECTION 4. Section 28.014(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school district shall partner with at least one | ||
institution of higher education to develop and provide courses in | ||
college preparatory mathematics and English language arts. The | ||
courses must be designed: | ||
(1) for students at the 12th grade level whose | ||
performance on: | ||
(A) an [ |
||
required under Section 39.023(c) does not meet college readiness | ||
standards; or | ||
(B) coursework, a college entrance examination, | ||
or an assessment instrument designated under Section 51.3062(c) | ||
indicates that the student is not ready to perform entry-level | ||
college coursework; and | ||
(2) to prepare students for success in entry-level | ||
college courses. | ||
SECTION 5. Section 28.0211(o), Education Code, is amended | ||
to read as follows: | ||
(o) This section does not require the administration of | ||
a fifth [ |
||
Section 39.023(a) to a student enrolled in the fifth [ |
||
grade[ |
||
[ |
||
for students above the student's grade level and will be | ||
administered an assessment instrument adopted or developed under | ||
Section 39.023(a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
||
[ |
||
|
||
|
||
|
||
SECTION 6. Section 28.0217, Education Code, is amended to | ||
read as follows: | ||
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL | ||
STUDENTS. (a) Each time a student fails to perform satisfactorily | ||
on an assessment instrument required [ |
||
39.023(c), the school district in which the student attends school | ||
shall provide to the student accelerated instruction in the | ||
applicable subject area, using funds appropriated for accelerated | ||
instruction under Section 28.0211. | ||
(b) Accelerated instruction may require participation of | ||
the student before or after normal school hours and may include | ||
participation at times of the year outside normal school | ||
operations. The district shall schedule accelerated instruction in | ||
a manner that provides adequate flexibility in the student's | ||
schedule to ensure that the student is academically on track to | ||
complete the student's personal graduation plan. | ||
SECTION 7. Section 28.023(c), Education Code, is amended to | ||
read as follows: | ||
(c) A school district shall give a student in grade level | ||
six or above credit for a subject on the basis of an examination for | ||
credit in the subject approved by the board of trustees under | ||
Subsection (a) if the student scores in the 80th percentile or above | ||
on the examination or if the student achieves a score as provided by | ||
Subsection (c-1). If a student is given credit in a subject on the | ||
basis of an examination, the district shall enter the examination | ||
score on the student's transcript and the student is not required to | ||
take for that subject an [ |
||
adopted under Section 39.023(c) [ |
||
SECTION 8. Section 28.025(b-4), Education Code, is amended | ||
to read as follows: | ||
(b-4) A school district may offer the curriculum described | ||
in Subsections (b-1)(1) through (4) in an applied manner. Courses | ||
delivered in an applied manner must cover the essential knowledge | ||
and skills[ |
||
|
||
|
||
SECTION 9. Effective August 31, 2017, Section 28.025(c-6), | ||
Education Code, is amended to read as follows: | ||
(c-6) Notwithstanding Subsection (c), a person may receive | ||
a diploma if the person is eligible for a diploma under Section | ||
28.0258. [ |
||
SECTION 10. Section 28.0255, Education Code, is amended by | ||
amending Subsections (g) and (h) and adding Subsection (g-1) to | ||
read as follows: | ||
(g) A student entering the ninth grade during the 2018-2019 | ||
school year is entitled to a high school diploma if the student: | ||
(1) successfully complies with the curriculum | ||
requirements specified under Subsection (e); and | ||
(2) performs satisfactorily, as determined by the | ||
commissioner under Subsection (h), on [ |
||
instruments listed under Section 39.023(c) [ |
||
|
||
(g-1) A student other than a student described by Subsection | ||
(g) is entitled to a high school diploma if the student: | ||
(1) successfully complies with the curriculum | ||
requirements specified under Subsection (e); and | ||
(2) performs satisfactorily, as determined by the | ||
commissioner under Subsection (h), on assessment instruments | ||
listed under Section 39.023(c), as that section existed before | ||
amendment by _.B. ___, Acts of the 85th Legislature, Regular | ||
Session, 2017, for courses in which the student was enrolled. | ||
(h) For purposes of Subsections [ |
||
(g-1)(2), the commissioner shall determine the level of | ||
satisfactory performance on applicable [ |
||
instruments administered to a student. | ||
SECTION 11. Section 28.0258, Education Code, is amended by | ||
amending Subsections (a), (b), (e), (f), (h), (j), and (k) and | ||
adding Subsections (m) and (n) to read as follows: | ||
(a) This section applies only to an 11th or 12th grade | ||
student who has failed to comply with the [ |
||
assessment instrument performance requirements under Section | ||
39.025 for not more than two subjects identified under Section | ||
39.023(c) [ |
||
(b) For each student to whom this section applies, the | ||
school district that the student attends shall establish an | ||
individual graduation committee at the end of or after the | ||
student's 11th grade year to determine whether the student may | ||
qualify to graduate as provided by this section. A student may not | ||
qualify to graduate under this section before the student's 12th | ||
grade year. The committee shall be composed of: | ||
(1) the principal or principal's designee; | ||
(2) for each subject identified under Section | ||
39.023(c) for [ |
||
student failed to perform satisfactorily on the appropriate | ||
corresponding required assessment instrument, a [ |
||
the student in that subject, designated by the principal [ |
||
(3) the department chair or lead teacher supervising | ||
the teacher described by Subdivision (2); and | ||
(4) as applicable: | ||
(A) the student's parent or person standing in | ||
parental relation to the student; | ||
(B) a designated advocate described by | ||
Subsection (c) if the person described by Paragraph (A) is unable to | ||
serve; or | ||
(C) the student, at the student's option, if the | ||
student is at least 18 years of age or is an emancipated minor. | ||
(e) To be eligible to graduate and receive a high school | ||
diploma under this section, a student must successfully complete | ||
the curriculum requirements required for high school graduation: | ||
(1) identified by the State Board of Education under | ||
Section 28.025(a); or | ||
(2) as otherwise provided by the transition plan | ||
adopted by the commissioner to implement and administer the | ||
amendments made by Chapter 211 (H.B. 5), Acts of the 83rd | ||
Legislature, Regular Session, 2013, replacing the minimum, | ||
recommended, and advanced high school programs with the foundation | ||
high school program [ |
||
(f) Notwithstanding any other law, a student's individual | ||
graduation committee established under this section shall | ||
recommend additional requirements by which the student may qualify | ||
to graduate, including: | ||
(1) additional remediation; and | ||
(2) for each [ |
||
required under Section 39.023(c) on which the student failed to | ||
perform satisfactorily: | ||
(A) the completion of a project related to the | ||
subject area [ |
||
subject area; or | ||
(B) the preparation of a portfolio of work | ||
samples in the subject area [ |
||
[ |
||
(h) In determining whether a student for whom an individual | ||
graduation committee is established is qualified to graduate, the | ||
committee shall consider: | ||
(1) the recommendation of the student's teacher in | ||
each course of the subject for which the student failed to perform | ||
satisfactorily on an [ |
||
(2) the student's grade in each course of the subject | ||
for which the student failed to perform satisfactorily on an | ||
[ |
||
(3) the student's score on each [ |
||
assessment instrument required under Section 39.023(c) on which the | ||
student failed to perform satisfactorily; | ||
(4) the student's performance on any additional | ||
requirements recommended by the committee under Subsection (f); | ||
(5) the number of hours of remediation that the | ||
student has attended, including[ |
||
[ |
||
|
||
[ |
||
a transitional college course in reading or mathematics; | ||
(6) the student's school attendance rate; | ||
(7) the student's satisfaction of any of the Texas | ||
Success Initiative (TSI) college readiness benchmarks prescribed | ||
by the Texas Higher Education Coordinating Board; | ||
(8) the student's successful completion of a dual | ||
credit course in English, mathematics, science, or social studies; | ||
(9) the student's successful completion of a high | ||
school pre-advanced placement, advanced placement, or | ||
international baccalaureate program course in English, | ||
mathematics, science, or social studies; | ||
(10) the student's rating of advanced high on the most | ||
recent high school administration of the Texas English Language | ||
Proficiency Assessment System; | ||
(11) the student's score of 50 or greater on a | ||
College-Level Examination Program examination; | ||
(12) the student's score on: | ||
(A) the ACT or[ |
||
considered under Subdivision (3); or | ||
(B) the Armed Services Vocational Aptitude | ||
Battery test; | ||
(13) the student's completion of a sequence of courses | ||
under a career and technical education program required to attain | ||
an industry-recognized credential or certificate; | ||
(14) the student's overall preparedness for | ||
postsecondary success; and | ||
(15) any other academic information designated for | ||
consideration by the board of trustees of the school district. | ||
(j) Notwithstanding any action taken by an individual | ||
graduation committee under this section, a school district shall | ||
administer an [ |
||
Section 39.023(c) to any student who fails to perform | ||
satisfactorily on an [ |
||
required under Section 39.023(c) as provided by Section 39.025(b). | ||
For purposes of Section 39.053(c)(1), an assessment instrument | ||
administered as provided by this subsection is considered an | ||
assessment instrument required for graduation retaken by a student. | ||
(k) The commissioner shall adopt rules as necessary to | ||
administer [ |
||
|
||
(m) For a student subject to Section 39.025(f)(1): | ||
(1) for purposes of Subsection (a), this section | ||
applies only to an 11th or 12th grade student who has failed to | ||
comply with the end-of-course assessment instrument performance | ||
requirements under Section 39.025, as that section existed before | ||
amendment by __.B. ___, Acts of the 85th Legislature, Regular | ||
Session, 2017, for not more than two courses listed in Section | ||
39.023(c), as that section existed before amendment by _.B. ___, | ||
Acts of the 85th Legislature, Regular Session, 2017; | ||
(2) for purposes of the composition of an individual | ||
graduation committee under Subsection (b)(2), the committee shall | ||
include the teacher of the course for each end-of-course assessment | ||
instrument described by Subdivision (1) for which the student | ||
failed to perform satisfactorily; | ||
(3) for purposes of Subsection (h)(1), an individual | ||
graduation committee shall consider the recommendation of the | ||
teacher described by Subdivision (2); and | ||
(4) for purposes of Subsection (h)(2), an individual | ||
graduation committee shall consider the student's grade in each | ||
course described by Subdivision (2). | ||
(n) Subsection (m) and this subsection expire September 1, | ||
2023. | ||
SECTION 12. Section 29.081, Education Code, is amended by | ||
amending Subsections (b) and (b-1) and adding Subsection (b-4) to | ||
read as follows: | ||
(b) Each district shall provide accelerated instruction to | ||
a student enrolled in the district who has taken an [ |
||
assessment instrument required [ |
||
39.023(c) and has not performed satisfactorily on the assessment | ||
instrument or who is at risk of dropping out of school. | ||
(b-1) Each school district shall offer before the next | ||
scheduled administration of the assessment instrument, without | ||
cost to the student, additional accelerated instruction to each | ||
student in any subject in which the student failed to perform | ||
satisfactorily on an [ |
||
required for graduation. | ||
(b-4) Each time the agency designates or adopts an | ||
assessment instrument or test under Section 39.023(c), each school | ||
district shall use the performance data from the assessment | ||
instrument or test to modify as necessary the accelerated | ||
instructional services provided to students who have not performed | ||
satisfactorily on the assessment instrument or test. | ||
SECTION 13. Section 29.087(f), Education Code, is amended | ||
to read as follows: | ||
(f) A student participating in a program authorized by this | ||
section, other than a student ordered to participate under | ||
Subsection (d)(1), must have taken any [ |
||
[ |
||
Section 39.023(c) that is administered before the student enters | ||
[ |
||
[ |
||
the period in which the student is enrolled in the program. Except | ||
for a student ordered to participate under Subsection (d)(1), a | ||
student participating in the program may not take the high school | ||
equivalency examination unless the student has taken the assessment | ||
instruments required by this subsection. | ||
SECTION 14. Section 29.402(b), Education Code, is amended | ||
to read as follows: | ||
(b) A person who is under 26 years of age is eligible to | ||
enroll in a dropout recovery program under this subchapter if the | ||
person: | ||
(1) must complete not more than three course credits | ||
to complete the curriculum requirements for the foundation high | ||
school program for high school graduation; or | ||
(2) has failed to perform satisfactorily on: | ||
(A) an [ |
||
required [ |
||
(B) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by _.B. | ||
___, Acts of the 85th Legislature, Regular Session, 2017; or | ||
(C) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by | ||
Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular | ||
Session, 2007. | ||
SECTION 15. Sections 39.023(a-2), (c-1), (c-3), (e), and | ||
(p), Education Code, as effective September 1, 2017, are amended to | ||
read as follows: | ||
(a-2) Except as required by federal law, a student is not | ||
required to be assessed in a subject otherwise assessed at the | ||
student's grade level under Subsection (a) if the student[ |
||
[ |
||
for students above the student's grade level and will be | ||
administered an assessment instrument adopted or developed under | ||
Subsection (a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
||
[ |
||
|
||
|
||
|
||
(c-1) If the [ |
||
assessment instrument required under this section, the agency shall | ||
develop the assessment instrument in a manner that allows for the | ||
measurement of annual improvement in student achievement as | ||
required by Sections 39.034(c) and (d). If the agency designates or | ||
adopts an assessment instrument under Subsection (c), the agency | ||
shall ensure that the performance data from the assessment | ||
instrument may be used for the measurement of annual improvement in | ||
student achievement as required by Sections 39.034(c) and (d). | ||
(c-3) In adopting a schedule for the administration of | ||
assessment instruments under this section, the State Board of | ||
Education shall require[ |
||
[ |
||
Subsection (a) to be administered on a schedule so that the first | ||
assessment instrument is administered at least two weeks later than | ||
the date on which the first assessment instrument was administered | ||
under Subsection (a) during the 2006-2007 school year[ |
||
[ |
||
|
||
|
||
|
||
|
||
|
||
(e) Under rules adopted by the State Board of Education, | ||
every third year, the agency shall release the questions and answer | ||
keys to each assessment instrument administered under Subsection | ||
(a), (b), [ |
||
administered to a student for the purpose of retaking the | ||
assessment instrument, after the last time the instrument is | ||
administered for that school year. To ensure a valid bank of | ||
questions for use each year, the agency is not required to release a | ||
question that is being field-tested and was not used to compute the | ||
student's score on the instrument. The agency shall also release, | ||
under board rule, each question that is no longer being | ||
field-tested and that was not used to compute a student's score. | ||
This subsection applies in the same manner to each administered | ||
assessment instrument adopted under Subsection (c) that is not a | ||
nationally recognized, norm-referenced assessment instrument or | ||
test [ |
||
|
||
|
||
(p) On or before September 1 of each year, the commissioner | ||
shall make the following information available on the agency's | ||
Internet website for each assessment instrument administered under | ||
Subsection (a)[ |
||
(1) the number of questions on the assessment | ||
instrument; | ||
(2) the number of questions that must be answered | ||
correctly to achieve satisfactory performance as determined by the | ||
commissioner under Section 39.0241(a); and | ||
(3) [ |
||
|
||
|
||
[ |
||
SECTION 16. Section 39.023, Education Code, is amended by | ||
amending Subsections (c), (c-2), (c-4), (c-5), (d), (f), (g), (h), | ||
and (i) and adding Subsections (h-1) and (p-1) to read as follows: | ||
(c) The agency shall also provide for [ |
||
assessment instruments for each federally required secondary-level | ||
subject, including mathematics, English language arts, and science | ||
[ |
||
|
||
designate an appropriate, nationally recognized, norm-referenced | ||
assessment instrument, offered by a nationally recognized vendor, | ||
to assess students in two or more subjects identified under this | ||
subsection. If an appropriate, nationally recognized, | ||
norm-referenced assessment instrument is not available to assess | ||
all subjects identified under this section, the commissioner shall, | ||
for each subject not included, designate an appropriate, nationally | ||
recognized, norm-referenced specific subject test offered by a | ||
nationally recognized vendor. If an appropriate nationally | ||
recognized, norm-referenced multiple subject assessment instrument | ||
or an appropriate nationally recognized, norm-referenced specific | ||
subject test is not available to assess a specific subject, the | ||
commissioner shall adopt a specific subject assessment instrument | ||
for that subject. An [ |
||
|
||
|
||
test designated or adopted under this subsection [ |
||
[ |
||
subject [ |
||
|
||
designates or adopts an assessment instrument or test, the agency | ||
shall develop evidence, through a peer review process, to | ||
demonstrate that the assessment instrument or test is aligned with | ||
the essential knowledge and skills for the appropriate subject. A | ||
school district shall comply with State Board of Education rules | ||
regarding administration of an [ |
||
required under [ |
||
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 | ||
or test required under this subsection. [ |
||
|
||
|
||
|
||
|
||
(c-2) The agency may adopt [ |
||
instruments for secondary-level subjects [ |
||
[ |
||
[ |
||
subsection is not subject to the performance requirements | ||
established under [ |
||
(c-4) To the extent practicable and subject to Section | ||
39.024, the agency shall ensure that each [ |
||
assessment instrument designated or adopted under Subsection (c) | ||
is: | ||
(1) capable of measuring [ |
||
|
||
standards established under Section 28.008; and | ||
(2) validated by national postsecondary education | ||
experts for college readiness content and performance standards. | ||
(c-5) A student's performance on an [ |
||
assessment instrument required under Subsection (c) must be | ||
included in the student's academic achievement record. | ||
(d) The commissioner may participate in multistate efforts | ||
to develop voluntary standardized secondary-level [ |
||
assessment instruments. [ |
||
|
||
|
||
admission, review, and dismissal committee of a student in a | ||
special education program under Subchapter A, Chapter 29, shall | ||
determine whether any allowable modification is necessary in | ||
administering to the student an [ |
||
instrument. | ||
(f) An [ |
||
adopted under this section unless the assessment instrument is | ||
[ |
||
student's problem-solving ability and complex-thinking skills | ||
using a method of assessing those abilities and skills that is | ||
demonstrated to be highly reliable. | ||
(g) A [ |
||
|
||
subject assessment instrument or nationally recognized, | ||
norm-referenced specific subject test designated by the agency | ||
under Subsection (c) [ |
||
|
||
|
||
commissioner shall contract with a nationally recognized vendor to | ||
administer each assessment instrument or test described by this | ||
subsection, complete the scoring of each assessment instrument or | ||
test, and distribute within a reasonable period the results to the | ||
agency and the relevant results to each school district. As soon as | ||
practicable after the district receives the results from the vendor | ||
under this subsection, the district shall: | ||
(1) distribute the relevant results to each district | ||
campus; and | ||
(2) provide written notice to the student and the | ||
person standing in parental relation to the student that states the | ||
student's results and whether the student performed satisfactorily | ||
on the assessment instrument or test [ |
||
|
||
|
||
|
||
|
||
|
||
(h) Except as provided by Subsection (g), the [ |
||
shall notify school districts and campuses of the results of | ||
assessment instruments administered under this section not later | ||
than the 21st day after the date the assessment instrument is | ||
administered. | ||
(h-1) A [ |
||
district teacher the results of assessment instruments | ||
administered to students taught by the teacher in the subject for | ||
the school year in which the assessment instrument is administered. | ||
(i) Except as provided by this subsection, the [ |
||
provisions of this section[ |
||
modification by rules adopted under Section 39.022. The provisions | ||
of Subsection (d) and the provisions requiring the agency to | ||
designate a nationally recognized, norm-referenced multiple | ||
subject assessment instrument or nationally recognized, | ||
norm-referenced specific subject test are not subject to | ||
modification by rules adopted under Section 39.022. Each | ||
assessment instrument adopted under [ |
||
Section 39.022 and each assessment instrument required under | ||
Subsections (c) and [ |
||
must meet any applicable federal requirements for measurement of | ||
student progress. | ||
(p-1) On or before September 1 of each year, the | ||
commissioner shall make the following information available on the | ||
agency's Internet website for each assessment instrument required | ||
under Subsection (c) that is not a norm-referenced assessment | ||
instrument or test: | ||
(1) the number of questions on the assessment | ||
instrument; | ||
(2) the number of questions that must be answered | ||
correctly to achieve satisfactory performance as determined by the | ||
commissioner under Section 39.0241(a); | ||
(3) the number of questions that must be answered | ||
correctly to achieve satisfactory performance under the college | ||
readiness performance standard as provided by Section 39.0241; and | ||
(4) the corresponding scale score. | ||
SECTION 17. The heading to Section 39.0232, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.0232. USE OF [ |
||
AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. | ||
SECTION 18. Sections 39.0232(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) To the extent practicable, the agency shall ensure that | ||
any high school [ |
||
or adopted under Section 39.023(c) [ |
||
|
||
used to determine the appropriate placement of a student in a course | ||
of the same subject matter at an institution of higher education. | ||
(b) A student's performance on an [ |
||
assessment instrument required under Section 39.023(c) may not be | ||
used: | ||
(1) in determining the student's class ranking for any | ||
purpose, including entitlement to automatic college admission | ||
under Section 51.803 or 51.804; or | ||
(2) as a sole criterion in the determination of | ||
whether to admit the student to a general academic teaching | ||
institution in this state. | ||
(c) Subsection (b)(2) does not prohibit a general academic | ||
teaching institution from implementing an admission policy that | ||
takes into consideration a student's performance on an | ||
[ |
||
39.023(c) in addition to other criteria. | ||
SECTION 19. Section 39.0234, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (b) to read as | ||
follows: | ||
(a) Except as provided by Subsection (b), the [ |
||
shall ensure that assessment instruments required under Section | ||
39.023 are capable of being administered by computer. The | ||
commissioner may not require a school district or open-enrollment | ||
charter school to administer an assessment instrument by computer. | ||
(b) Subsection (a) does not apply to a nationally | ||
recognized, norm-referenced multiple subject assessment instrument | ||
or nationally recognized, norm-referenced specific subject test | ||
designated by the agency under Section 39.023(c). | ||
SECTION 20. Section 39.024(i), Education Code, is amended | ||
to read as follows: | ||
(i) The agency shall gather data and conduct research to | ||
substantiate any correlation between a certain level of performance | ||
by students on [ |
||
under Section 39.023(c) and success in: | ||
(1) military service; or | ||
(2) a workforce training, certification, or other | ||
credential program at a postsecondary educational institution that | ||
primarily offers associate degrees or certificates or credentials | ||
other than baccalaureate or advanced degrees. | ||
SECTION 21. Section 39.0241(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commissioner shall determine the level of | ||
performance considered to be satisfactory on the assessment | ||
instruments. In determining the level of performance considered | ||
satisfactory on an assessment instrument required under Section | ||
39.023(c), the commissioner shall consult with the commissioner of | ||
higher education and the executive director of the Texas Workforce | ||
Commission. | ||
SECTION 22. Section 39.025, Education Code, is amended by | ||
amending Subsections (a), (a-1), (a-4), (b), (b-1), and (f) and | ||
adding Subsection (f-1) to read as follows: | ||
(a) The commissioner shall adopt rules requiring a student | ||
in the foundation high school program under Section 28.025 to be | ||
administered an [ |
||
under [ |
||
11th grade year [ |
||
|
||
|
||
indicates satisfactory performance, as determined by the | ||
commissioner under Section 39.0241(a), on each [ |
||
assessment instrument administered to the student. [ |
||
|
||
|
||
|
||
|
||
|
||
student has performed satisfactorily on [ |
||
instruments in the manner provided under this subsection. This | ||
subsection does not require a student to demonstrate readiness to | ||
enroll in an institution of higher education. | ||
(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 51.3062(f) on an assessment instrument | ||
designated by the Texas Higher Education Coordinating Board under | ||
Section 51.3062(c) administered at the end of the college | ||
preparatory mathematics or English language arts course satisfies | ||
the assessment requirement [ |
||
[ |
||
|
||
|
||
even if the student did not perform satisfactorily on a previous | ||
administration of the applicable portion of a norm-referenced | ||
multiple subject assessment instrument or applicable | ||
norm-referenced specific subject test or [ |
||
assessment instrument required under Section 39.023(c). A student | ||
who fails to perform satisfactorily on the assessment instrument | ||
designated by the Texas Higher Education Coordinating Board under | ||
Section 51.3062(c) administered as provided by this subsection may | ||
retake that assessment instrument for purposes of this subsection | ||
or may take the appropriate [ |
||
required under Section 39.023(c). | ||
(a-4) The admission, review, and dismissal committee of a | ||
student in a special education program under Subchapter A, Chapter | ||
29, shall determine whether, to receive a high school diploma, the | ||
student is required to achieve satisfactory performance on | ||
[ |
||
39.023(c). | ||
(b) Each time an [ |
||
required [ |
||
student who failed to achieve a score requirement under Subsection | ||
(a) may retake the assessment instrument. A student is not required | ||
to retake a course as a condition of retaking an [ |
||
assessment instrument. | ||
(b-1) A school district shall provide each student who fails | ||
to perform satisfactorily as determined by the commissioner under | ||
Section 39.0241(a) on an [ |
||
required under Section 39.023(c) with accelerated instruction in | ||
the subject assessed by the assessment instrument. | ||
(f) The commissioner shall by rule adopt a transition plan | ||
to implement the amendments made by __.B. __, Acts of the 85th | ||
Legislature, Regular Session, 2017 [ |
||
|
||
[ |
||
|
||
assessment instruments designated or adopted under Section | ||
39.023(c). The rules must provide for the [ |
||
assessment instruments designated or adopted under Section | ||
39.023(c) to be administered beginning with students entering the | ||
ninth grade during the 2018-2019 [ |
||
the period under which the transition to [ |
||
instruments designated or adopted under Section 39.023(c) is made: | ||
(1) for students entering a grade above the ninth | ||
grade during the 2018-2019 [ |
||
commissioner shall retain, administer, and use for purposes of | ||
accreditation and other campus and district accountability | ||
measures under this chapter the end-of-course assessment | ||
instruments required by Section 39.023(c) [ |
||
that section existed before amendment by __.B. __, Acts of the 85th | ||
Legislature, Regular Session, 2017 [ |
||
|
||
(2) a student subject to Subdivision (1) may not | ||
receive a high school diploma unless: | ||
(A) the student complies with this section [ |
||
|
||
|
||
before amendment by __.B. __, Acts of the 85th Legislature, Regular | ||
Session, 2017; or | ||
(B) an individual graduation committee | ||
established under Section 28.0258 determines that the student is | ||
eligible to receive a high school diploma [ |
||
|
||
(f-1) For purposes of Subsection (f), a reference in this | ||
code to an assessment instrument under Section 39.023(c) includes | ||
an end-of-course assessment instrument administered under Section | ||
39.023(c), as that section existed before amendment by __.B. __, | ||
Acts of the 85th Legislature, Regular Session, 2017. | ||
SECTION 23. Effective August 31, 2017, Section 39.025(a-2), | ||
Education Code, as added by Chapter 5 (S.B. 149), Acts of the 84th | ||
Legislature, Regular Session, 2015, is amended to read as follows: | ||
(a-2) Notwithstanding Subsection (a), a student who has | ||
failed to perform satisfactorily on [ |
||
instruments in the manner provided under this section may receive a | ||
high school diploma if the student has qualified for graduation | ||
under Section 28.0258. [ |
||
|
||
SECTION 24. Section 39.025(a-2), Education Code, as added | ||
by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(a-2) Unless an assessment instrument is the assessment | ||
instrument designated by the agency as the assessment instrument | ||
required under Section 39.023(c), the [ |
||
determine a method by which a student's satisfactory performance on | ||
an advanced placement test, an international baccalaureate | ||
examination, an SAT Subject Test, the SAT, the ACT, or any | ||
nationally recognized norm-referenced assessment instrument used | ||
by institutions of higher education to award course credit based on | ||
satisfactory performance on the assessment instrument shall be used | ||
to satisfy the requirements concerning an [ |
||
assessment instrument required under Section 39.023(c) in an | ||
equivalent subject [ |
||
Unless an assessment instrument is the assessment instrument | ||
designated by the agency as the assessment instrument required | ||
under Section 39.023(c), the [ |
||
method by which a student's satisfactory performance on the PSAT or | ||
the ACT-Plan shall be used to satisfy the requirements concerning | ||
an [ |
||
39.023(c) in an equivalent subject [ |
||
Subsection (a). A student who fails to perform satisfactorily on a | ||
test or other assessment instrument authorized under this | ||
subsection, other than the PSAT or the ACT-Plan, may retake that | ||
test or other assessment instrument for purposes of this subsection | ||
or may take the appropriate [ |
||
required under Section 39.023(c). A student who fails to perform | ||
satisfactorily on the PSAT or the ACT-Plan must take the | ||
appropriate [ |
||
Section 39.023(c). The commissioner shall adopt rules as necessary | ||
for the administration of this subsection. | ||
SECTION 25. Effective August 31, 2017, Section 39.025(a-3), | ||
Education Code, is amended to read as follows: | ||
(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 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. | ||
[ |
||
SECTION 26. Effective September 1, 2018, Section | ||
39.025(a-3), Education Code, is amended to read as follows: | ||
(a-3) A student who, after retaking an [ |
||
assessment instrument for mathematics [ |
||
language arts [ |
||
required by Subsection (a), but who receives a score of proficient | ||
on the Texas Success Initiative (TSI) diagnostic assessment for the | ||
corresponding subject for which the student failed to perform | ||
satisfactorily on the [ |
||
satisfies the assessment requirement concerning mathematics [ |
||
|
||
as applicable. [ |
||
SECTION 27. Sections 39.0261(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) In addition to the assessment instruments otherwise | ||
authorized or required by this subchapter,[ |
||
[ |
||
district shall administer to students in the spring of the eighth | ||
grade an established, valid, reliable, and nationally | ||
norm-referenced preliminary college preparation assessment | ||
instrument for the purpose of diagnosing the academic strengths and | ||
deficiencies of students before entrance into high school[ |
||
[ |
||
|
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
|
||
(b) The agency shall: | ||
(1) select and approve vendors of the specific | ||
assessment instrument [ |
||
section; and | ||
(2) provide reimbursement to a school district for all | ||
fees associated with the administration of the assessment | ||
instrument from funds appropriated for that purpose. | ||
SECTION 28. Section 39.034(d), Education Code, is amended | ||
to read as follows: | ||
(d) The agency shall determine the necessary annual | ||
improvement required each year for a student to be prepared to | ||
perform satisfactorily on, as applicable: | ||
(1) the grade five assessment instruments; | ||
(2) the grade eight assessment instruments; and | ||
(3) the [ |
||
required under this subchapter for graduation. | ||
SECTION 29. Section 39.035, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Subject to Subsection (b) and except as provided by | ||
Subsection (b-1), the agency may conduct field testing of questions | ||
for any assessment instrument administered under Section | ||
39.023(a), (b), (c), (d), or (l) that is separate from the | ||
administration of the assessment instrument not more frequently | ||
than every other school year. | ||
(b-1) Subsection (a) does not apply to a nationally | ||
recognized, norm-referenced multiple subject assessment instrument | ||
or nationally recognized, norm-referenced specific subject test | ||
designated by the agency under Section 39.023(c). | ||
SECTION 30. The heading to Section 39.0381, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER | ||
CONTRACTS FOR ASSESSMENT INSTRUMENTS; CONTRACT REVIEW. | ||
SECTION 31. Section 39.0381, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) Not later than 180 days before the date of the | ||
expiration of a contract related to an assessment instrument | ||
required under Section 39.023(c), the agency shall conduct a | ||
comprehensive review of the contract to evaluate entering into a | ||
renewal of the contract. In conducting a review under this | ||
subsection, the agency shall: | ||
(1) determine whether the vendor's performance | ||
compliance under the contract has met or exceeded the agency's | ||
performance standards; | ||
(2) determine whether the terms of the contract are | ||
sufficient to meet the continuing needs of the agency; and | ||
(3) identify any appropriate modifications to the | ||
terms of the contract. | ||
SECTION 32. Section 51.3062(q), Education Code, is amended | ||
to read as follows: | ||
(q) A student who has achieved scores set by the board on the | ||
questions developed for end-of-course assessment instruments under | ||
Section 39.0233(a), as that section existed before repeal by _.B. | ||
___, Acts of the 85th Legislature, Regular Session, 2017, is exempt | ||
from the requirements of this section. The exemption is effective | ||
for the three-year period following the date a student takes the | ||
last assessment instrument for purposes of this section and | ||
achieves the standard set by the board. This subsection does not | ||
apply during any period for which the board designates the | ||
questions developed for end-of-course assessment instruments under | ||
Section 39.0233(a), as that section existed before repeal by _.B. | ||
___, Acts of the 85th Legislature, Regular Session, 2017, as the | ||
primary assessment instrument under this section, except that the | ||
three-year period described by this subsection remains in effect | ||
for students who qualify for an exemption under this subsection | ||
before that period. | ||
SECTION 33. (a) Effective August 31, 2017, the following | ||
sections of the Education Code are repealed: | ||
(1) Section 28.0258(l); and | ||
(2) Section 28.0259(e). | ||
(b) Effective September 1, 2018, the following sections of | ||
the Education Code are repealed: | ||
(1) Section 39.023(c-6); | ||
(2) Section 39.0233; | ||
(3) Section 39.025(e-1); | ||
(4) Section 39.0261(e); | ||
(5) Section 39.053(d-1); and | ||
(6) Section 39.203(d). | ||
SECTION 34. (a) Except as provided by Subsection (b) of this | ||
section, this Act applies beginning with the 2018-2019 school year. | ||
(b) Subsection (a) of this section does not apply to a | ||
provision of this Act that is effective August 31, 2017. | ||
SECTION 35. Except as otherwise provided by this Act, 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, 2017. |