Bill Text: TX HB1981 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the administration of assessment instruments to public school students.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to Public Education [HB1981 Detail]
Download: Texas-2023-HB1981-Introduced.html
88R1689 GCB-D | ||
By: Vasut | H.B. No. 1981 |
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relating to the administration of assessment instruments to public | ||
school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.260(c), Education Code, is amended to | ||
read as follows: | ||
(c) For a school year before the 2025-2026 school year, the | ||
agency shall adopt and administer one or more [ |
||
designated [ |
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secondary exit-level assessment instrument required under this | ||
section. The level of performance considered to be satisfactory on | ||
those assessment instruments for purposes of this subsection is the | ||
level of performance considered to be satisfactory under Section | ||
39.0241(a) [ |
||
September 1, 2025. | ||
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 administered under [ |
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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 [ |
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administered [ |
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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 5. Section 28.0211(o), Education Code, is amended | ||
to read as follows: | ||
(o) This section does not require the administration of an | ||
[ |
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Section 39.023(a) to a student enrolled in the fifth [ |
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grade[ |
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[ |
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for students above the student's grade level and will be | ||
administered an assessment instrument [ |
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Section 39.023(a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
||
[ |
||
SECTION 6. 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 [ |
||
SECTION 7. 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[ |
||
(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 | ||
[ |
||
39.023(c) to earn an endorsement on the student's transcript. | ||
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 [ |
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assessment instrument performance requirements under Section | ||
39.025 for not more than two subjects identified under Section | ||
39.023(c) [ |
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(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 [ |
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student failed to perform satisfactorily on the appropriate | ||
corresponding required assessment instrument, a [ |
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the student in that subject, designated by the principal [ |
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(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 [ |
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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 [ |
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subject area; or | ||
(B) the preparation of a portfolio of work | ||
samples in the subject area [ |
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[ |
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(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 [ |
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(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 [ |
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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[ |
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[ |
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[ |
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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[ |
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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 [ |
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Section 39.023(c) to any student who fails to perform | ||
satisfactorily on an [ |
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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 [ |
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(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 __.B. ____, Acts of the 88th Legislature, Regular | ||
Session, 2023, for not more than two courses listed in Section | ||
39.023(c), as that section existed before amendment by __.B. ____, | ||
Acts of the 88th Legislature, Regular Session, 2023; | ||
(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, | ||
2027. | ||
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 [ |
||
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 [ |
||
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 [ |
||
[ |
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Section 39.023(c) that is administered before the student enters | ||
[ |
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[ |
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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. Sections 29.099(d) and (h), Education Code, are | ||
amended to read as follows: | ||
(d) A participating campus shall identify a student who does | ||
not perform at grade level on a mathematics [ |
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instrument administered under Section 39.023(a) [ |
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an equivalent assessment instrument administered under Section | ||
39.023(l), as a student eligible for participation in the | ||
intervention program. During a student's placement in the | ||
intervention program, a campus shall use progress monitoring | ||
assessments to ensure that a student is making appropriate progress | ||
in the program. | ||
(h) [ |
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shall contract for the evaluation of the effectiveness of the | ||
intervention program established under this section. The | ||
commissioner may consider centers for education research to conduct | ||
this evaluation. The evaluation shall describe progress under the | ||
mathematics assessment instruments administered under Section | ||
39.023(a) [ |
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administered under Section 39.023(l) to students participating in | ||
the intervention program. | ||
SECTION 12. 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 [ |
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administered under Section 39.023(c); | ||
(B) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by __.B. | ||
____, Acts of the 88th Legislature, Regular Session, 2023; 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 13. Section 29.9091(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district or open-enrollment charter school | ||
that operates a full-time local remote learning program must: | ||
(1) include in the program: | ||
(A) at least one grade level in which an | ||
assessment instrument is required to be administered under Section | ||
39.023(a), including each subject for which an assessment | ||
instrument is required; or | ||
(B) a complete high school program, including | ||
each subject [ |
||
instrument is required to be administered under Section 39.023(c); | ||
and | ||
(2) offer the option for a student's parent or person | ||
standing in parental relation to select in-person instruction for | ||
the student. | ||
SECTION 14. Section 39.023, Education Code, is amended by | ||
amending Subsections (a), (a-1), (a-2), (a-11), (a-12), (a-13), | ||
(c), (c-3), (c-5), (e), (g), (h), (i), and (p) and adding | ||
Subsections (h-1) and (q) to read as follows: | ||
(a) The commissioner [ |
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for a school district to select the Iowa Assessments or other | ||
similar, available assessment instruments for the assessment of | ||
[ |
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annually in grades three through eight in each federally required | ||
subject, including [ |
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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 accordance with | ||
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(a-1) The agency shall adopt [ |
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instruments required under Subsection (a) in a manner that allows, | ||
to the extent practicable: | ||
(1) the score a student receives to provide reliable | ||
information relating to a student's satisfactory performance for | ||
each performance standard under Section 39.0241; and | ||
(2) an appropriate range of performances to serve as a | ||
valid indication of growth in student achievement. | ||
(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[ |
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[ |
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for students above the student's grade level and will be | ||
administered an assessment instrument adopted [ |
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Subsection (a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
||
[ |
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(a-11) Before an assessment instrument adopted [ |
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subsection, the assessment instrument must, on the basis of | ||
empirical evidence, be determined to be valid and reliable by an | ||
entity that is independent of the agency and of any other entity | ||
that developed the assessment instrument. | ||
(a-12) An assessment instrument adopted [ |
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under Subsection (a) may not have more than three parts. A part of | ||
an assessment instrument must be designed so that: | ||
(1) if administered to students in grades three and | ||
four, 85 percent of students will be able to complete that part | ||
within 60 minutes; and | ||
(2) if administered to students in grades five through | ||
eight, 85 percent of students will be able to complete that part | ||
within 75 minutes. | ||
(a-13) The amount of time allowed for administration of an | ||
assessment instrument adopted [ |
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may not exceed eight hours, and the administration may occur in | ||
multiple parts over more than one day. | ||
(c) The agency shall also provide for [ |
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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 [ |
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[ |
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designated under this subsection [ |
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essential knowledge and skills in the appropriate subject [ |
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district shall comply with State Board of Education rules regarding | ||
administration of the assessment instruments under [ |
||
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. [ |
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(c-3) In [ |
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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 [ |
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assessment instrument administered [ |
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must be included in the student's academic achievement record. | ||
(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 | ||
[ |
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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. | ||
[ |
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(g) An [ |
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instrument administered under Subsection (a) or (c) [ |
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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 | ||
student's parent or person standing in parental relation to the | ||
student that states the student's results and whether the student | ||
performed satisfactorily on the assessment instrument [ |
||
(h) Except as provided by Subsection (g), the [ |
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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 [ |
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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[ |
||
39.022. Each assessment instrument adopted or designated under | ||
those rules [ |
||
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 [ |
||
(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 15. 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 16. 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 [ |
||
under Section 39.023(c) [ |
||
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 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 | ||
[ |
||
39.023(c) in addition to other criteria. | ||
SECTION 17. Section 39.0234(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each assessment instrument required under Section | ||
39.023(l) [ |
||
electronically, unless otherwise provided by commissioner rule. | ||
SECTION 18. 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[ |
||
(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 19. Section 39.025, Education Code, is amended by | ||
amending Subsections (a), (a-4), (a-5), (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 [ |
||
selected under [ |
||
[ |
||
student's performance on an assessment instrument selected under | ||
Section 39.023(c) shall be evaluated to determine whether the [ |
||
student achieved [ |
||
indicates satisfactory performance, as determined by the | ||
commissioner under Section 39.0241(a)[ |
||
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 each assessment instrument | ||
selected under Section 39.023(c) [ |
||
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 | ||
[ |
||
39.023(c). | ||
(a-5) Notwithstanding Subsection (a), a student who has | ||
failed to perform satisfactorily on an [ |
||
instrument required under Section 39.023(c) [ |
||
manner provided under this section may receive a high school | ||
diploma if the student has qualified for graduation under Section | ||
28.0258. | ||
(b) Each time an [ |
||
[ |
||
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 the [ |
||
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 [ |
||
administered under Section 39.023(c) with accelerated instruction | ||
under Section 28.0217 [ |
||
(f-3) The commissioner shall by rule adopt a transition plan | ||
to implement the amendments made by _.B. ___, Acts of the 88th | ||
Legislature, Regular Session, 2023, 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 | ||
2023-2024 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 2023-2024 school year or students repeating ninth | ||
grade during the 2023-2024 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 _.B. ___, | ||
Acts of the 88th Legislature, Regular Session, 2023; 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 _.B. ___, Acts of the 88th Legislature, | ||
Regular Session, 2023; or | ||
(B) each assessment instrument selected under | ||
Section 39.023(c) by the district in which the student is enrolled. | ||
SECTION 20. 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 21. 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(b) [ |
||
separate from the administration of the assessment instrument not | ||
more frequently than every other school year. | ||
SECTION 22. Section 39.036(a), Education Code, is amended | ||
to read as follows: | ||
(a) The agency shall develop a vertical scale for assessing | ||
student performance on mathematics and reading assessment | ||
instruments administered under Section 39.023(a) [ |
||
the performance of a student on the assessment instruments from one | ||
grade level to the next. | ||
SECTION 23. 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[ |
||
SECTION 24. 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 | ||
_.B. ___, Acts of the 88th Legislature, Regular Session, 2023, 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 _.B. ___, Acts of the 88th Legislature, Regular | ||
Session, 2023, 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 25. The following provisions of the Education Code | ||
are repealed: | ||
(1) Sections 39.023(a-4), (a-15), (c-2), (c-4), | ||
(c-6), (c-7), (c-8), (c-9), and (d); | ||
(2) Section 39.0233; | ||
(3) Section 39.024; | ||
(4) Sections 39.025(a-1), (a-2), (a-3), and (e-1); and | ||
(5) Section 39.203(d). | ||
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. This Act applies beginning with the 2025-2026 | ||
school year. | ||
SECTION 28. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2023. |