Bill Text: TX HB189 | 2021 | 87th Legislature 2nd Special Session | Introduced

Bill Title: Relating to the academic assessment of public school students.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2021-08-19 - Filed [HB189 Detail]

Download: Texas-2021-HB189-Introduced.html
  87S20422 TSS-D
 
  By: Krause H.B. No. 189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the academic assessment of public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 [end-of-course]
  assessment instruments administered under [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 2.  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 [end-of-course or other exit-level] assessment
  instruments administered in another state; and
               (2)  include appropriate criteria developed by the
  agency.
         SECTION 3.  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 [end-of-course] assessment instrument
  administered [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 51.334
  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 4.  Section 28.0211(o), Education Code, is amended
  to read as follows:
         (o)  This section does not require the administration of
  a fifth [or eighth] grade assessment instrument in a subject under
  Section 39.023(a) to a student enrolled in the fifth [or eighth]
  grade[, as applicable,] if the student[:
               [(1)]  is enrolled in a course in the subject intended
  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[; or
               [(2)  is enrolled in a course in the subject for which
  the student will receive high school academic credit and will be
  administered an end-of-course assessment instrument adopted under
  Section 39.023(c) for the course].
         SECTION 5.  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 an end-of-course assessment instrument adopted under
  Section 39.023(c) for that subject].
         SECTION 6.  Sections 28.025(b-4) and (c-8), Education Code,
  are 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[, and the student shall be administered the applicable
  end-of-course assessment instrument as provided by Sections
  39.023(c) and 39.025].
         (c-8)  For purposes of Subsection (c-7), the admission,
  review, and dismissal committee of a student in a special education
  program under Subchapter A, Chapter 29, shall determine whether the
  student is required to achieve satisfactory performance on an
  [end-of-course] assessment instrument administered under Section
  39.023(c) to earn an endorsement on the student's transcript.
         SECTION 7.  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 for the first time
  beginning with the 2022-2023 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 each [end-of-course]
  assessment instrument selected [instruments listed] under Section
  39.023(c) by the school district [for courses] in which the student
  is [was] enrolled.
         (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:
                     (A)  each assessment instrument selected under
  Section 39.023(c) by the school district in which the student is
  enrolled; or
                     (B)  assessment instruments listed under Section
  39.023(c), as that section existed before amendment by H.B. ___,
  Acts of the 87th Legislature, 2nd Called Session, 2021, for courses
  in which the student was enrolled.
         (h)  For purposes of Subsections [Subsection] (g)(2) and
  (g-1)(2), the commissioner shall determine the level of
  satisfactory performance on applicable [end-of-course] assessment
  instruments administered to a student.
         SECTION 8.  Section 28.0258, Education Code, is amended by
  amending Subsections (a), (b), (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 [end-of-course]
  assessment instrument performance requirements under Section
  39.025 for not more than two subjects identified under Section
  39.023(c) [courses].
         (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 [end-of-course assessment instrument on] which the
  student failed to perform satisfactorily on the appropriate
  corresponding required assessment instrument, a [the] teacher of
  the student in that subject, designated by the principal [course];
               (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.
         (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 [end-of-course] assessment instrument
  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 [of the course] that demonstrates proficiency in the
  subject area; or
                     (B)  the preparation of a portfolio of work
  samples in the subject area [of the course], including work samples
  [from the course] that demonstrate proficiency 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 [end-of-course] assessment instrument;
               (2)  the student's grade in each course of the subject
  for which the student failed to perform satisfactorily on an
  [end-of-course] assessment instrument;
               (3)  the student's score on each [end-of-course]
  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)  attendance in a college preparatory course
  required under Section 39.025(b-2), if applicable; or
                     [(B)]  attendance in and successful completion of
  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[,] the SAT, if not otherwise
  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 [end-of-course] assessment instrument required under
  Section 39.023(c) to any student who fails to perform
  satisfactorily on an [end-of-course] assessment instrument
  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 [implement] this section [not later than the 2015-2016
  school year].
         (m)  For a student subject to Section 39.025(f-3)(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 H.B. ___, Acts of the 87th Legislature, 2nd Called
  Session, 2021, for not more than two courses listed in Section
  39.023(c), as that section existed before amendment by H.B. ___,
  Acts of the 87th Legislature, 2nd Called Session, 2021;
               (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,
  2026.
         SECTION 9.  Sections 29.081(b) and (b-1), Education Code,
  are amended to read as follows:
         (b)  Each district shall provide accelerated instruction to
  a student enrolled in the district who has taken an [end-of-course]
  assessment instrument administered under Section 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 [end-of-course] assessment instrument
  required for graduation.
         SECTION 10.  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 [the] appropriate
  [end-of-course] assessment instrument [instruments] specified by
  Section 39.023(c) that is administered before the student enters
  [entering] the program and must take any [each] appropriate
  [end-of-course] assessment instrument that is administered during
  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 11.  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, as
  applicable:
                     (A)  an [end-of-course] assessment instrument
  administered under Section 39.023(c);
                     (B)  an assessment instrument administered under
  Section 39.023(c) as that section existed before amendment by H.B.
  ___, Acts of the 87th Legislature, 2nd Called Session, 2021; 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 12.  Section 39.023, Education Code, as amended by
  H.B. No. 3261, Acts of the 87th Legislature, Regular Session, 2021,
  is amended by amending Subsections (a), (a-2), (b-1), (c), (c-3),
  (c-5), (c-8), (e), (g), (h), (i), and (p) and adding Subsections
  (b-2), (b-3), (h-1), and (q) to read as follows:
         (a)  The agency shall adopt or develop appropriate
  criterion-referenced assessment instruments designed to assess
  essential knowledge and skills in reading, mathematics, [social
  studies,] and science. Except as provided by Subsection (a-2), all
  students, other than students assessed under Subsection (b) or (l)
  or exempted under Section 39.027, shall be assessed in:
               (1)  mathematics, annually in grades three through
  eight;
               (2)  reading, annually in grades three through eight;
  and
               (3)  [social studies, in grade eight;
               [(4)]  science, in grades five and eight[; and
               [(5)  any other subject and grade required by federal
  law].
         (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[:
               [(1)]  is enrolled in a course in the subject intended
  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[; or
               [(2)  is enrolled in a course in the subject for which
  the student will receive high school academic credit and will be
  administered an end-of-course assessment instrument adopted under
  Subsection (c) for the course].
         (b-1)  The agency, in conjunction with appropriate
  interested persons, shall redevelop assessment instruments adopted
  or developed under Subsection (b) for administration to
  significantly cognitively disabled students in a manner consistent
  with federal law. An assessment instrument under this subsection
  may not require a teacher to prepare tasks or materials for a
  student who will be administered such an assessment instrument. [A
  classroom portfolio method used to assess writing performance may
  require a teacher to prepare tasks and materials.]
         (b-2)  Notwithstanding Subsection (b), (b-1), or any other
  law, and to the extent consistent with federal law, the parent of or
  person standing in parental relation to a student with significant
  cognitive disabilities may request that the student be exempted
  from the administration of an alternative assessment instrument
  adopted or developed under Subsection (b) or (b-1). If a parent or
  person standing in parental relation makes a request for exemption
  under this subsection, the student's admission, review, and
  dismissal committee, in consultation with the parent or person
  standing in parental relation, shall determine if the student
  should be exempted from administration of the alternative
  assessment instrument. If the student is exempted from
  administration of the alternative assessment instrument under this
  subsection, the student must be assessed in the applicable subject
  using the alternative assessment method developed under Subsection
  (b-3).
         (b-3)  The commissioner, in consultation with stakeholders,
  including parents of and persons standing in parental relation to
  students with significant cognitive disabilities, shall develop
  for each applicable subject an alternative assessment method for
  the assessment of students who receive an exemption from the
  administration of an alternative assessment instrument under
  Subsection (b-2). The criteria for the assessment method must
  include progress on the goals identified in the student's
  individualized education plan. The commissioner shall adopt rules
  necessary to implement this subsection.
         (c)  The agency shall also provide for [adopt end-of-course]
  assessment instruments for each federally required secondary-level
  subject, including English language arts, mathematics, and
  science. The commissioner shall identify a procedure for a school
  district to select the SAT, the ACT, or any other nationally
  recognized, norm-referenced secondary-level assessment instrument
  designated by the commissioner for the assessment of students under
  this subsection. Each school district shall select one or more
  assessment instruments for purposes of this subsection. A school
  district that selects more than one assessment instrument must
  uniformly administer to students in the district the same
  assessment instrument to satisfy the requirement for the same
  subject [courses in Algebra I, biology, 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]. An
  [The English I and English II end-of-course] assessment instrument
  designated under this subsection [instruments] must [each] assess
  essential knowledge and skills in the appropriate subject [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 under [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).]
         (c-3)  Except as [provided by Subsection (c-7) or as]
  otherwise provided by this subsection, in adopting a schedule for
  the administration of assessment instruments under this section,
  the State Board of Education shall ensure that assessment
  instruments administered under Subsection (a) or (c) are not
  administered on the first instructional day of a week. On request
  by a school district or open-enrollment charter school, the
  commissioner may allow the district or school to administer an
  assessment instrument required under Subsection (a) or (c) on the
  first instructional day of a week if administering the assessment
  instrument on another instructional day would result in a
  significant administrative burden due to specific local
  conditions.
         (c-5)  A student's performance on an [end-of-course]
  assessment instrument administered [required] under Subsection (c)
  must be included in the student's academic achievement record.
         (c-8)  Beginning with the 2022-2023 school year, not more
  than 75 percent of the available points on an assessment instrument
  developed under Subsection (a) [or (c)] may be attributable to
  questions presented in a multiple choice format.
         (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), [(c), (d),] or (l), excluding any assessment instrument
  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.
  [During the 2014-2015 and 2015-2016 school years, the agency shall
  release the questions and answer keys to assessment instruments as
  described by this subsection each year.]
         (g)  An [The State Board of Education may adopt one
  appropriate, nationally recognized, norm-referenced] assessment
  instrument administered under Subsection (c) [in reading and
  mathematics to be administered to a selected sample of students in
  the spring. If adopted, a norm-referenced assessment instrument]
  must be a secured test. The commissioner shall contract with a
  vendor to administer the assessment instrument, complete the
  scoring of the assessment instrument, 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 [The state may pay the costs of
  purchasing and scoring the adopted assessment instrument and of
  distributing the results of the adopted instrument to the school
  districts. A district that administers the norm-referenced test
  adopted under this subsection shall report the results to the
  agency in a manner prescribed by the commissioner].
         (h)  Except as provided by Subsection (g), the [The] agency
  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 [The] school district shall disclose to each
  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)  The provisions of this section[, except Subsection
  (d),] are subject to modification by rules adopted under Section
  39.022. Each assessment instrument adopted or designated under
  those rules [and each assessment instrument required under
  Subsection (d)] must be reliable and valid and must meet any
  applicable federal requirements for measurement of student
  progress.
         (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)[, (c),] or (l):
               (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 scores.
         (q)  Notwithstanding any provision of this section or other
  law, if changes made to the Every Student Succeeds Act (20 U.S.C.
  Section 6301 et seq.) reduce the number or frequency of assessment
  instruments required to be administered to students, the State
  Board of Education shall adopt rules reducing the number or
  frequency of assessment instruments administered to students under
  state law, and the commissioner shall ensure that students are not
  assessed in subject areas or in grades that are no longer required
  to meet the minimum requirements of that Act.
         SECTION 13.  The heading to Section 39.0232, Education Code,
  is amended to read as follows:
         Sec. 39.0232.  USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
  AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
         SECTION 14.  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 [end-of-course] assessment instrument designated
  under Section 39.023(c) [developed by the agency is developed in
  such a manner that the assessment instrument] may be 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 [end-of-course]
  assessment instrument administered 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
  [end-of-course] assessment instrument administered under Section
  39.023(c) in addition to other criteria.
         SECTION 15.  Section 39.0234(a), Education Code, as amended
  by H.B. No. 3261, Acts of the 87th Legislature, Regular Session,
  2021, is amended to read as follows:
         (a)  Each assessment instrument required under Section
  39.023(a)[, (c),] or (l) must be administered electronically,
  unless otherwise provided by commissioner rule.
         SECTION 16.  Section 39.0241, Education Code, is amended by
  amending Subsection (a-1) and adding Subsection (a-2) to read as
  follows:
         (a-1)  The commissioner of education, in collaboration with
  the commissioner of higher education, shall determine the level of
  performance necessary to indicate college readiness[, as defined by
  Section 39.024(a)].
         (a-2)  In this section, "college readiness" means the level
  of preparation a student must attain in English language arts and
  mathematics courses to enroll and succeed, without remediation, in
  an entry-level general education course for credit in that same
  content area for a baccalaureate degree or associate degree program
  at:
               (1)  a general academic teaching institution, as
  defined by Section 61.003, other than a research institution, as
  categorized under the Texas Higher Education Coordinating Board's
  accountability system; or
               (2)  a postsecondary educational institution that
  primarily offers associate degrees or certificates or credentials
  other than baccalaureate or advanced degrees.
         SECTION 17.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.02342 and 39.0239 to read as follows:
         Sec. 39.02342.  ALTERNATIVE ADAPTIVE ASSESSMENT
  INSTRUMENTS. (a) Notwithstanding any other law, the agency shall
  adopt alternative adaptive assessment instruments in accordance
  with this section that a school district may administer in lieu of
  an assessment instrument adopted under Section 39.023 to satisfy
  state or federal law requirements concerning the administration of
  that assessment instrument.
         (b)  An alternative adaptive assessment instrument adopted
  under this section must:
               (1)  effectively measure each student's academic
  progress over time, without regard to the student's age, grade
  level, or academic performance;
               (2)  evidence high content or concurrent validity; 
               (3)  have been the subject of a study used to determine
  the typical performance of a student conducted not more than 10
  years before the adoption of the assessment instrument; 
               (4)  use an adaptive difficulty level that is adjusted
  based on a student's knowledge and ability as demonstrated by the
  student's performance on the assessment instrument;
               (5)  take no longer than 90 minutes to administer; and
               (6)  provide immediate information and real-time
  reporting on student progress without requiring any additional data
  or syncing or uploading by a teacher or administrator. 
         (c)  The agency may adopt an alternative adaptive assessment
  instrument submitted to the agency by a school district if the
  assessment instrument complies with the requirements of Subsection
  (b) and serves as an adequate measure of grade level achievement. 
         (d)  A school district shall administer an alternative
  adaptive assessment instrument adopted under this section
  electronically. 
         (e)  The agency shall:
               (1)  determine for each assessment instrument adopted
  by the agency under this section the level of performance
  considered to be satisfactory; and
               (2)  develop a method to compile a student's score on
  each alternative adaptive assessment administered to the student
  during a school year into a single summative score for each subject
  area assessed. 
         (f)  A school district shall submit in the manner and form
  prescribed by the agency the results of an alternative adaptive
  assessment instrument administered under this section to the agency
  not later than three days after the administration of the
  assessment instrument.
         (g)  The agency shall provide reimbursement to a school
  district for all costs associated with the administration of an
  alternative adaptive assessment instrument under this section. 
         (h)  The State Board of Education shall annually review each
  alternative adaptive assessment instrument adopted by the agency
  under this section to ensure that the instrument is relevant,
  valid, and reliable. 
         (i)  The agency may contract for services to develop or
  administer alternative adaptive assessment instruments that comply
  with the requirements of Subsection (b).
         (j)  The commissioner shall adopt rules necessary to
  implement this section, including a rule providing the number and
  schedule of administrations of alternative adaptive assessment
  instruments under this section and requiring the administration of
  one alternative adaptive assessment instrument: 
               (1)  at the beginning of each school year; 
               (2)  at the end of each school year; and 
               (3)  during each school year, between the
  administrations under Subdivisions (1) and (2).
         (k)  Unless it conflicts with this section, a reference in
  law to an assessment instrument adopted under Section 39.023
  includes an alternative adaptive assessment instrument adopted by
  the agency or administered by a school district in accordance with
  this section.
         Sec. 39.0239.  ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND
  TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING
  DISASTER. (a)  If, during a school year, a statewide disaster
  declared by the president of the United States under the Robert T.
  Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
  Section 5121 et seq.) or by the governor under Chapter 418,
  Government Code, significantly disrupts school district
  operations, including in-person attendance, in a majority of school
  districts in this state, the commissioner shall apply to the United
  States Department of Education for a waiver of the requirement
  under the Every Student Succeeds Act (20 U.S.C. Section 6301 et
  seq.) to administer assessment instruments during that school year.
         (b)  If the United States Department of Education fails to
  grant a waiver requested under Subsection (a), the assessment
  instruments shall be administered as required under Section 39.023
  during the applicable school year, but, notwithstanding any other
  law, the commissioner may not consider the results of the
  assessment instruments for purposes of:
               (1)  evaluating school district or campus performance
  under this chapter for the applicable school year, including in
  determining:
                     (A)  the performance rating to assign to each
  district or campus under Section 39.054; or
                     (B)  whether to impose any intervention or
  sanction authorized by Chapter 39A after the applicable school year
  on each district or campus; or
               (2)  determining a student's qualification for
  promotion or graduation.
         SECTION 18.  Section 39.025, Education Code, as amended by
  H.B. No. 4545, Acts of the 87th Legislature, Regular Session, 2021,
  is amended by amending Subsections (a), (a-4), (b), and (b-1) and
  adding Subsection (f-3) 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 each [an end-of-course] assessment instrument
  selected under [listed in] Section 39.023(c) by the school district
  [only for a course] in which the student is enrolled [and for which
  an end-of-course assessment instrument is administered]. Each
  student's performance on an assessment instrument selected under
  Section 39.023(c) shall be evaluated to determine whether the [A]
  student achieved [is required to achieve] a scale score that
  indicates satisfactory performance, as determined by the
  commissioner under Section 39.0241(a)[, on each end-of-course
  assessment instrument administered to the student]. The results of
  the administration of an assessment instrument administered under
  Section 39.023(c) may not be used as criteria for graduation. The
  results may be used only for the purpose of diagnosing the academic
  strengths and deficiencies of a student and guiding specific
  instruction to the student. [For each scale score required under
  this subsection that is not based on a 100-point scale scoring
  system, the commissioner shall provide for conversion, in
  accordance with commissioner rule, of the scale score to an
  equivalent score based on a 100-point scale scoring system. A
  student may not receive a high school diploma until the student has
  performed satisfactorily on end-of-course assessment 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-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 
  [end-of-course] assessment instruments administered under Section
  39.023(c).
         (b)  Each time an [end-of-course] assessment instrument
  [adopted] under Section 39.023(c) is administered, a 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 end-of-course
  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 [end-of-course] assessment instrument
  administered under Section 39.023(c) with accelerated instruction
  under Section 28.0217 [in the subject assessed by the assessment
  instrument].
         (f-3)  The commissioner shall by rule adopt a transition plan
  to implement the amendments made by H.B. ___, Acts of the 87th
  Legislature, 2nd Called Session, 2021, replacing end-of-course
  assessment instruments with one or more assessment instruments
  selected by a school district under Section 39.023(c).  The rules
  must provide for each assessment instrument selected by a school
  district under Section 39.023(c) to be administered beginning with
  students enrolled in the ninth grade for the first time during the
  2022-2023 school year.  During the period under which the
  transition from end-of-course assessment instruments is made:
               (1)  for students entering a grade above the ninth
  grade during the 2022-2023 school year or students repeating ninth
  grade during the 2022-2023 school year, the 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), as that section existed before amendment by H.B. ___,
  Acts of the 87th Legislature, 2nd Called Session, 2021; and
               (2)  a student subject to Subdivision (1) may not
  receive a high school diploma unless the student has performed
  satisfactorily on:
                     (A)  each required end-of-course assessment
  instrument administered under Section 39.023(c), as that section
  existed before amendment by H.B. ___, Acts of the 87th Legislature,
  2nd Called Session, 2021; or
                     (B)  each assessment instrument selected under
  Section 39.023(c) by the district in which the student is enrolled.
         SECTION 19.  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 [end-of-course] assessment instruments
  required under this subchapter for graduation.
         SECTION 20.  Section 39.035(a), Education Code, is amended
  to read as follows:
         (a)  Subject to Subsection (b), 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.
         SECTION 21.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Section 39.0547 to read as follows:
         Sec. 39.0547.  EVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
  In this section, "specialized support campus" means a school
  district campus that:
               (1)  has a campus identification number;
               (2)  serves students enrolled in any grade level at
  which state assessment instruments are administered; and
               (3)  has a student enrollment in which:
                     (A)  at least 90 percent of students receive
  special education services under Subchapter A, Chapter 29; and
                     (B)  a significant percentage of the students
  required to take an assessment instrument under Section 39.023:
                           (i)  take an alternative assessment
  instrument under Section 39.023(b) or (b-1); and
                           (ii)  are unable to provide an authentic
  academic response on that assessment instrument.
         (b)  The commissioner, in consultation with administrators
  of specialized support campuses, teachers at specialized support
  campuses, parents and guardians of students enrolled at specialized
  support campuses, and other stakeholders, by rule shall establish
  appropriate accountability guidelines under this chapter for use by
  a specialized support campus in developing an alternative
  accountability plan under Subsection (c) based on the specific
  student population served by the campus. The commissioner shall
  provide for public notice and comment in adopting rules under this
  subsection.
         (c)  A specialized support campus may develop and submit to
  the commissioner for approval an alternative accountability plan
  tailored to the student population served by the campus, based on
  the guidelines established under Subsection (b). The commissioner
  may approve the alternative accountability plan only if the plan:
               (1)  follows the guidelines established under
  Subsection (b); and
               (2)  complies with applicable federal law.
         (d)  Notwithstanding any other provision of this code, if the
  commissioner approves an alternative accountability plan developed
  by a specialized support campus under Subsection (c), the
  commissioner shall determine, report, and consider the performance
  of students enrolled at the campus using that plan.
         (e)  Not later than December 1, 2025, the commissioner shall
  submit to the governor, the lieutenant governor, the speaker of the
  house of representatives, and the standing legislative committees
  with primary jurisdiction over public education a report on the
  effectiveness of this section in evaluating specialized support
  campuses and any recommendations for legislative or other action.
         (f)  This section expires September 1, 2026.
         SECTION 22.  Section 39.203(c), Education Code, is amended
  to read as follows:
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in
  academic achievement in English language arts, mathematics, or 
  science[, or social studies].
         SECTION 23.  Section 51.338(c), Education Code, is amended
  to read as follows:
         (c)  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
  H.B. ___, Acts of the 87th Legislature, 2nd Called Session, 2021,
  is exempt from the requirements of this subchapter.  The exemption
  is effective for the three-year period following the date a student
  takes the last assessment instrument for purposes of this
  subchapter 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 H.B. ___, Acts of the 87th Legislature, 2nd Called
  Session, 2021, as the primary assessment instrument under this
  subchapter, 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 24.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 39.023(a-15), (c-2), (c-4), (c-6),
  (c-7), (c-9), and (d);
               (2)  Section 39.0233;
               (3)  Section 39.024;
               (4)  Sections 39.025(a-1), (a-2), (a-3), (a-5), and
  (e-1);
               (5)  Section 39.053(d-1); and
               (6)  Section 39.203(d).
         SECTION 25.  As soon as practicable after the effective date
  of this Act, the Texas Education Agency shall adopt alternative
  adaptive assessment instruments as required by Section 39.02342,
  Education Code, as added by this Act.
         SECTION 26.  As soon as practicable after the effective date
  of this Act, each school district shall provide notice to an eighth
  grade student under Section 39.025(g), Education Code, informing
  the student of the specific requirements applicable to the student
  under Sections 39.023(c) and 39.025(a), Education Code, as amended
  by this Act.
         SECTION 27.  (a)  Except as provided by Subsection (b) of
  this section, this Act applies beginning with the 2022-2023 school
  year.
         (b)  Section 39.02342, Education Code, as added by this Act,
  applies beginning with the 2023-2024 school year.
         SECTION 28.  Not later than January 1, 2023, the Texas
  Education Agency shall apply to the United States Department of
  Education for a waiver of the annual alternate assessment of
  students with significant cognitive disabilities required under
  the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) and
  the Individuals with Disabilities Education Act (20 U.S.C. Section
  1400 et seq.).
         SECTION 29.  This Act takes effect January 1, 2022.

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