Bill Text: TX HB1981 | 2023-2024 | 88th Legislature | Introduced

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

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2023-03-08 - Referred to Public Education [HB1981 Detail]

Download: Texas-2023-HB1981-Introduced.html

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88R1689 GCB-D
By: Vasut H.B. No. 1981

A BILL TO BE ENTITLED
AN ACT
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 [the Algebra I,
English II, and biology end-of-course] assessment instruments
designated [instruments adopted] under Section 39.023(c) as the
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) [adopted under 19 T.A.C. Section 101.4003(a), as that
rule existed on January 1, 2021]. This subsection expires
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 [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 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 [end-of-course or other exit-level] assessment
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 [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 5. Section 28.0211(o), Education Code, is amended
to read as follows:
(o) This section does not require the administration of an
[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 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 [and the student is not required
to take an end-of-course assessment instrument adopted under
Section 39.023(c) for that subject].
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[, 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 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 __.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 [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. 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 [an] assessment
instrument administered under Section 39.023(a) [39.023(a)(1)], or
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) [Program Evaluation.] The commissioner of education
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) [39.023(a)(1)] or equivalent assessment instruments
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 [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 __.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 [course] for which an [end-of-course] assessment
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 [agency] shall identify a procedure
for a school district to select the Iowa Assessments or other
similar, available assessment instruments for the assessment of
[adopt or develop appropriate criterion-referenced assessment
instruments designed to assess] essential knowledge and skills
annually in grades three through eight in each federally required
subject, including [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 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[:
[(1) mathematics, annually in grades three through
eight;
[(2) reading, annually in grades three through eight;
[(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-1) The agency shall adopt [develop] assessment
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[:
[(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].
(a-11) Before an assessment instrument adopted [or
developed] under Subsection (a) may be administered under that
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 [or developed]
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 [or developed] under Subsection (a)
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 [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) In [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.
(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 (a) or (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
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 [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 15. 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 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 [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 17. Section 39.0234(a), Education Code, is amended
to read as follows:
(a) Each assessment instrument required under Section
39.023(l) [39.023(a), (c), or (l)] must be administered
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[, 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 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 [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]. 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 each assessment instrument
selected under Section 39.023(c) [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).
(a-5) Notwithstanding Subsection (a), a student who has
failed to perform satisfactorily on an [end-of-course] assessment
instrument required under Section 39.023(c) [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.
(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 the [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 _.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 [end-of-course] assessment instruments
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) [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 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) [Sections
39.023(a)(1) and (2)] in a manner that allows the agency to compare
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[, or social studies].
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.