Bill Text: TX HB3104 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the assessment of public school students in writing and English language arts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-21 - Left pending in committee [HB3104 Detail]
Download: Texas-2017-HB3104-Introduced.html
By: VanDeaver | H.B. No. 3104 |
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relating to the assessment of public school students in writing and | ||
English language arts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 18.005(c), Education Code, is amended to | ||
read as follows: | ||
(c) A Job Corps diploma program shall: | ||
(1) develop educational programs specifically | ||
designed for persons eligible for enrollment in a Job Corps | ||
training program established by the United States Department of | ||
Labor; | ||
(2) coordinate educational programs and services in | ||
the diploma program with programs and services provided by the | ||
United States Department of Labor and other federal and state | ||
agencies and local political subdivisions and by persons who | ||
provide programs and services under contract with the United States | ||
Department of Labor; | ||
(3) provide a course of instruction that includes the | ||
required curriculum under Subchapter A, Chapter 28; | ||
(4) require that students enrolled in the diploma | ||
program satisfy the requirements of Sections 18.0055 and [ |
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39.025 before receiving a diploma under this chapter; and | ||
(5) comply with a requirement imposed under this title | ||
or a rule adopted under this title relating to the Public Education | ||
Information Management System (PEIMS) to the extent necessary to | ||
determine compliance with this chapter, as determined by the | ||
commissioner. | ||
SECTION 2. Chapter 18, Education Code, is amended by adding | ||
Section 18.0055 to read as follows: | ||
Sec. 18.0055. LOCAL ASSESSMENT REQUIRED: WRITING. A Job | ||
Corps diploma program shall provide for the evaluation of student | ||
achievement in writing consistent with the requirements provided | ||
for school districts under Section 39.0264 for courses listed under | ||
Section 39.0264(b). A Job Corps diploma program shall provide for | ||
notice and reporting of performance of students assessed consistent | ||
with the requirements under Section 39.0264. | ||
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: | ||
(i) Section 39.025 through successful | ||
performance on comparable end-of-course or other exit-level | ||
assessment instruments administered in another state; and | ||
(ii) Section 39.0264(b) through successful | ||
performance under a method of assessment in another state | ||
determined by the school district in which the student attends to be | ||
comparable to or at least as rigorous as the method of assessment | ||
used by that district; and | ||
(2) include appropriate criteria developed by the | ||
agency. | ||
SECTION 4. Sections 28.025(b-4), (b-7), (c), and (d), | ||
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: | ||
(1) administered the applicable end-of-course | ||
assessment instrument as provided by Sections 39.023(c) and 39.025; | ||
and | ||
(2) for an applicable course described by Subsection | ||
(b-1)(1), assessed as provided by Section 39.0264(b). | ||
(b-7) The State Board of Education, in coordination with the | ||
Texas Higher Education Coordinating Board, shall adopt rules to | ||
ensure that a student may comply with the curriculum requirements | ||
under the foundation high school program or for an endorsement | ||
under Subsection (c-1) by successfully completing appropriate | ||
courses in the core curriculum of an institution of higher | ||
education under Section 61.822. Notwithstanding Subsection (b-15) | ||
or (c) of this section, Section 39.025 or 39.0264(b), or any other | ||
provision of this code and notwithstanding any school district | ||
policy, a student who has completed the core curriculum of an | ||
institution of higher education under Section 61.822, as certified | ||
by the institution in accordance with commissioner rule, is | ||
considered to have earned a distinguished level of achievement | ||
under the foundation high school program and is entitled to receive | ||
a high school diploma from the appropriate high school as that high | ||
school is determined in accordance with commissioner rule. A | ||
student who is considered to have earned a distinguished level of | ||
achievement under the foundation high school program under this | ||
subsection may apply for admission to an institution of higher | ||
education for the first semester or other academic term after the | ||
semester or other academic term in which the student completes the | ||
core curriculum. | ||
(c) A person may receive a diploma if the person is eligible | ||
for a diploma under Section 28.0251. In other cases, a student may | ||
graduate and receive a diploma only if: | ||
(1) the student successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Subsection (a) and complies with Sections [ |
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39.0264(b); or | ||
(2) the student successfully completes an | ||
individualized education program developed under Section 29.005. | ||
(d) A school district may issue a certificate of coursework | ||
completion to a student who successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Subsection (a) but who fails to comply with Section 39.025 or | ||
39.0264(b). A school district may allow a student who receives a | ||
certificate to participate in a graduation ceremony with students | ||
receiving high school diplomas. | ||
SECTION 5. Section 28.0255(g), Education Code, is amended | ||
to read as follows: | ||
(g) A student is entitled to a high school diploma if the | ||
student: | ||
(1) successfully complies with the curriculum | ||
requirements specified under Subsection (e); [ |
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(2) performs satisfactorily, as determined by the | ||
commissioner under Subsection (h), on end-of-course assessment | ||
instruments listed under Section 39.023(c) for courses in which the | ||
student was enrolled; and | ||
(3) demonstrates performance that indicates that the | ||
student has successfully achieved the essential knowledge and | ||
skills in writing, as determined by standards established by the | ||
board of trustees of the school district, for each course listed | ||
under Section 39.0264(b) in which the student is enrolled. | ||
SECTION 6. 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 the appropriate end-of-course | ||
assessment instruments specified by Section 39.023(c) and been | ||
assessed for the appropriate courses as provided by Section | ||
39.0264(b) before entering the program and must take each | ||
appropriate end-of-course assessment instrument administered | ||
during the period in which the student is enrolled in the program | ||
and be assessed for each appropriate course as provided by Section | ||
39.0264(b) 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 and | ||
been assessed for the appropriate courses as provided by Section | ||
39.0264(b) as required by this subsection. | ||
SECTION 7. 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: | ||
(A) perform satisfactorily on an end-of-course | ||
assessment instrument administered under Section 39.023(c) or 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; or | ||
(B) demonstrate satisfactory performance under | ||
an assessment required by Section 39.0264(b). | ||
SECTION 8. Section 30.021(e), Education Code, is amended to | ||
read as follows: | ||
(e) The school shall cooperate with public and private | ||
agencies and organizations serving students and other persons with | ||
visual impairments in the planning, development, and | ||
implementation of effective educational and rehabilitative service | ||
delivery systems associated with educating students with visual | ||
impairments. To maximize and make efficient use of state | ||
facilities, funding, and resources, the services provided in this | ||
area may include conducting a cooperative program with other | ||
agencies to serve students who have graduated from high school by | ||
completing all academic requirements applicable to students in | ||
regular education, excluding satisfactory performance under | ||
Sections [ |
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years of age on September 1 of the school year and who have | ||
identified needs related to vocational training, independent | ||
living skills, orientation and mobility, social and leisure skills, | ||
compensatory skills, or remedial academic skills. | ||
SECTION 9. Sections 30.104(b) and (c), Education Code, are | ||
amended to read as follows: | ||
(b) A student may graduate and receive a diploma from a | ||
Texas Juvenile Justice Department [ |
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program if: | ||
(1) the student successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Section 28.025(a) and complies with: | ||
(A) Section 39.025; and | ||
(B) Section 39.0264(b), including by | ||
demonstrating satisfactory performance under the method of | ||
assessment required by the school district granting the student | ||
academic course requirements for high school graduation for a | ||
course listed in Section 39.0264(b) that the student successfully | ||
completes in Texas Juvenile Justice Department educational | ||
programs; or | ||
(2) the student successfully completes the curriculum | ||
requirements under Section 28.025(a) as modified by an | ||
individualized education program developed under Section 29.005. | ||
(c) A Texas Juvenile Justice Department [ |
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educational program may issue a certificate of course-work | ||
completion to a student who successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Section 28.025(a) but who fails to comply with Section 39.025 or | ||
39.0264(b). | ||
SECTION 10. Section 37.011, Education Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-1) to read as | ||
follows: | ||
(d) A juvenile justice alternative education program must | ||
focus on English language arts, mathematics, science, social | ||
studies, and self-discipline. Each school district shall consider | ||
course credit earned by a student while in a juvenile justice | ||
alternative education program as credit earned in a district | ||
school. Each program shall administer assessment instruments under | ||
Subchapter B, Chapter 39, shall assess students in applicable | ||
grades and courses as provided by Subsection (d-1), and shall offer | ||
a high school equivalency program. The juvenile board or the | ||
board's designee, with the parent or guardian of each student, | ||
shall regularly review the student's academic progress. In the | ||
case of a high school student, the board or the board's designee, | ||
with the student's parent or guardian, shall review the student's | ||
progress towards meeting high school graduation requirements and | ||
shall establish a specific graduation plan for the student. The | ||
program is not required to provide a course necessary to fulfill a | ||
student's high school graduation requirements other than a course | ||
specified by this subsection. | ||
(d-1) A juvenile justice alternative education program | ||
shall provide for the evaluation of student achievement in writing | ||
consistent with the requirements provided for school districts | ||
under Section 39.0264. A juvenile justice alternative education | ||
program shall provide for notice and reporting of performance of | ||
students assessed consistent with the requirements under Section | ||
39.0264. | ||
SECTION 11. Section 39.023(a), Education Code, as effective | ||
until on or before September 1, 2017, is amended 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, English language arts | ||
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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 | ||
seven without the aid of technology and in grade eight with the aid | ||
of technology on any assessment instrument that includes algebra; | ||
(2) reading, annually in grades three through eight; | ||
(3) English language arts [ |
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spelling and grammar, in grades four and seven; | ||
(4) social studies, in grade eight; | ||
(5) science, in grades five and eight; and | ||
(6) any other subject and grade required by federal | ||
law. | ||
SECTION 12. Section 39.023(a), Education Code, as effective | ||
on or before September 1, 2017, is amended 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, English language arts | ||
[ |
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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, in grades three and five without the | ||
aid of technology and in grade eight with the aid of technology on | ||
any assessment instrument that includes algebra; | ||
(2) reading, in grades three, five, and eight; | ||
(3) English language arts [ |
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spelling and grammar, in grades four and seven; | ||
(4) social studies, in grade eight; and | ||
(5) science, in grades five and eight. | ||
SECTION 13. Section 39.023(a), Education Code, as effective | ||
September 1, 2018, is amended 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, English language arts | ||
[ |
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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 | ||
seven without the aid of technology and in grade eight with the aid | ||
of technology on any assessment instrument that includes algebra; | ||
(2) reading, annually in grades three through eight; | ||
(3) English language arts [ |
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spelling and grammar, in grades four and seven; | ||
(4) social studies, in grade eight; | ||
(5) science, in grades five and eight; and | ||
(6) any other subject and grade required by federal | ||
law. | ||
SECTION 14. Section 39.023, Education Code, is amended by | ||
adding Subsection (b-2) to read as follows: | ||
(b-2) Notwithstanding any other provision of this section, | ||
a student in a special education program under Subchapter A, | ||
Chapter 29, may, with the approval of the student's parent or legal | ||
guardian, opt out of the administration of an assessment instrument | ||
in English language arts otherwise required under this section. If | ||
a student opts out of an assessment instrument in accordance with | ||
this subsection, the student's school district, in conjunction with | ||
the student's admission, review, and dismissal committee, shall | ||
adopt or develop an alternative assessment instrument in English | ||
language arts to be administered to the student. Assessment | ||
instruments adopted or developed under this subsection must be | ||
approved by the student's district superintendent. | ||
SECTION 15. Section 39.023, Education Code, is amended by | ||
amending Subsection (c) and adding Subsection (q) to read as | ||
follows: | ||
(c) The agency shall also adopt end-of-course assessment | ||
instruments for secondary-level 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. The English I and English II end-of-course | ||
assessment instruments must each assess essential knowledge and | ||
skills in both reading and language arts [ |
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assessment instrument and must provide a single score. A school | ||
district shall comply with State Board of Education rules regarding | ||
administration of the assessment instruments 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. | ||
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). | ||
(q) The assessment of a student's writing is governed by | ||
Section 39.0264. | ||
SECTION 16. Subchapter B, Chapter 39, Education Code, is | ||
amended by adding Section 39.0264 to read as follows: | ||
Sec. 39.0264. LOCAL ASSESSMENT REQUIRED: WRITING. (a) To | ||
evaluate student achievement in writing, each school district shall | ||
assess students in grades four and seven and at the end of English I | ||
and English II secondary-level courses in accordance with the | ||
essential knowledge and skills for writing. A district may use any | ||
method the district determines appropriate for assessing students | ||
under this section, including portfolio assessment. | ||
(b) A student assessed at the end of an English I or English | ||
II secondary-level course is required to demonstrate performance | ||
that indicates the student has successfully achieved the essential | ||
knowledge and skills in writing for the course as determined by | ||
standards established by the board of trustees of the school | ||
district the student attends. A student may not receive a high | ||
school diploma until the student has demonstrated satisfactory | ||
performance in the manner provided by this subsection. | ||
(c) The school district a student attends shall provide | ||
written notice of the performance of a student assessed as required | ||
under this section to the student's parent or person standing in | ||
parental relation to the student. | ||
(d) Each school year, each school district shall prepare a | ||
report of the performance of students assessed as required by this | ||
section. The report must include information regarding the | ||
aggregate student performance in each grade or course required by | ||
this section: | ||
(1) for the district; and | ||
(2) for each campus in the district. | ||
(e) The report prepared under Subsection (d) must be: | ||
(1) filed with: | ||
(A) the agency; and | ||
(B) the board of trustees of the school district; | ||
and | ||
(2) posted on the district's Internet website. | ||
(f) For an assessment required by this section, a school | ||
district is subject only to the notice and reporting requirements | ||
provided by this section. | ||
SECTION 17. 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 Section 39.023 [ |
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SECTION 18. Not later than September 1, 2018, the Texas | ||
Education Agency shall adopt or develop appropriate | ||
criterion-referenced assessment instruments designed to assess | ||
essential knowledge and skills in English language arts as required | ||
by Section 39.023, Education Code, as amended by this Act. | ||
SECTION 19. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 20. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2017. |