Bill Text: TX HB500 | 2011-2012 | 82nd Legislature | Engrossed

---

Bill Title: Relating to state-adopted assessment instruments administered to public school students.

Sponsorship: Slight Partisan Bill (Republican 91-37)

Status: (Engrossed - Dead) 2011-05-17 - No action taken in committee [HB500 Detail]

Download: Texas-2011-HB500-Engrossed.html

---

By: Eissler, Aycock, Guillen, Shelton, H.B. No. 500
et al.

A BILL TO BE ENTITLED
AN ACT
relating to state-adopted assessment instruments administered to
public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.021(c), Education Code, is amended to
read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course;
(3) the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), to the extent
applicable; and
(4) any other necessary academic information, as
determined by the district.
SECTION 2. Section 28.0211, Education Code, is amended by
adding Subsections (o) and (p) to read as follows:
(o) This section does not require the administration of a
fifth or eighth grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth or eighth
grade, as applicable, if the student:
(1) is enrolled in a course in the subject for which
the student will receive high school academic credit; and
(2) will be administered an end-of-course assessment
instrument adopted under Section 39.023(c) for the course.
(p) Notwithstanding any other provision of this section, a
student described by Subsection (o) may not be denied promotion on
the basis of failure to perform satisfactorily on an assessment
instrument not required to be administered to the student in
accordance with that subsection.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-2) 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, writing, mathematics,
social studies, and science. Except as provided by Subsection
(a-2), all [All] students, other than [except] 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) writing, including 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.
(a-2) 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 for which
the student will receive high school academic credit; and
(2) will be administered an end-of-course assessment
instrument adopted under Subsection (c) for the course.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, Algebra II,
geometry, biology, chemistry, physics, English I, English II,
English III, world geography, world history, and United States
history. The Algebra I, Algebra II, and geometry end-of-course
assessment instruments must be administered with the aid of
technology. A school district shall comply with State Board of
Education rules regarding administration of the assessment
instruments listed in this subsection. A district [and] shall adopt
a policy addressing whether [that requires] a student's performance
on an end-of-course assessment instrument for a course listed in
this subsection in which the student is enrolled will be used by the
district in determining [to account for 15 percent of] the
student's final grade for the course and, if so, the manner in which
the student's performance on an end-of-course assessment
instrument will be used in determining the student's final grade
for the course. If a student retakes an end-of-course assessment
instrument for a course listed in this subsection, as provided by
Section 39.025, a [school] district shall act in accordance with
district policy concerning whether [is not required] to use and, if
so, the manner in which to use the student's performance on the
subsequent administration or administrations of the assessment
instrument in determining [to determine] the student's final grade
for the course. 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).
SECTION 4. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0236 to read as follows:
Sec. 39.0236. REDUCED ASSESSMENT REQUIREMENTS PILOT
PROGRAM. (a) In this section, "pilot program" means the reduced
assessment requirements pilot program established under this
section.
(b) The commissioner by rule shall establish a pilot program
in which certain students in grades three through eight at a
participating campus have reduced assessment requirements, as
provided by this section.
(c) A campus may apply to the commissioner to participate in
the pilot program.
(d) The commissioner shall select at least 20 campuses to
participate in the pilot program. In selecting campuses for
participation in the pilot program, the commissioner shall ensure
that, to the greatest extent practicable, the diverse demographic,
geographic, socioeconomic, and academic characteristics found in
this state are represented and that elementary and middle or junior
high schools are represented.
(e) Notwithstanding Section 39.023, a student attending a
campus participating in the pilot program, other than a student
administered assessment instruments under Section 39.023(b) or (l)
or granted an exemption from administration of an assessment
instrument under Section 39.027, shall be assessed using assessment
instruments adopted or developed under Section 39.023(a) in:
(1) mathematics:
(A) in grades three and five without the aid of
technology; and
(B) in grade eight with the aid of technology on
any assessment instrument that includes algebra;
(2) reading, in grades three, five, and eight;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) social studies, in grade eight; and
(5) science, in grades five and eight.
(f) A student shall be assessed in grade four in mathematics
or reading using an assessment instrument administered under
Subsection (e) in grade three if, on the final assessment
instrument in that subject administered to the student in grade
three during the preceding school year, the student did not achieve
a score determined through the analysis of previous years' testing
data to predict with a high level of statistical confidence that a
student will pass the following year.
(g) A student shall be assessed in grade six in mathematics
or reading using an assessment instrument administered under
Subsection (e) in grade five if, on the final assessment instrument
in that subject administered to the student in grade five during the
preceding school year, the student did not achieve a score
determined through the analysis of previous years' testing data to
predict with a high level of statistical confidence that a student
will pass the following year.
(h) A student shall be assessed in grade seven in
mathematics or reading using an assessment instrument administered
under Subsection (g) in grade six if, on the final assessment
instrument in that subject administered to the student in grade six
during the preceding school year, the student did not achieve a
score determined through the analysis of previous years' testing
data to predict with a high level of statistical confidence that a
student will pass the following year.
(i) A participating campus may, for its own use in
determining whether students are performing at a satisfactory
level, administer to a student at the appropriate grade level,
other than a student required to be assessed under this section, an
assessment instrument. At the request of a participating campus,
the agency shall provide, allow for the administration of, and
score each assessment instrument administered under this
subsection in the same manner and at the same cost as for assessment
instruments required to be administered under the applicable
subsection. The results of an assessment instrument administered
under this subsection may not be included as an indicator of student
achievement under Section 39.054 or any other provision.
(j) If there is a conflict between this section and federal
law as a result of forgoing under this section certain
administration of assessment instruments to students who have
recently performed successfully on assessment instruments
assessing the same subject, the commissioner shall seek a waiver
from the application of conflicting federal law for a campus
participating in the pilot program.
(k) The commissioner shall adopt rules as necessary to
administer this section.
(l) The commissioner shall conduct a study to determine
whether the pilot program has been successful. The study must
compare the achievements in mathematics and reading of students at
participating and nonparticipating campuses in similar geographic
areas that have students of similar demographic, socioeconomic, and
academic characteristics. The study must evaluate the differences
between mathematics and reading performance of students at campuses
participating in the pilot program and those in matched
nonparticipating campuses. Not later than September 1, 2014, the
commissioner shall submit the results of the study to the
legislature.
(m) The commissioner by rule shall establish the pilot
program for the 2012-2013 and 2013-2014 school years.
(n) This section expires December 31, 2014.
SECTION 5. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), (e),
(f), and (g) and adding Subsections (a-4), (a-5), and (e-1) to read
as follows:
(a) The commissioner shall adopt rules requiring a student
participating in the recommended or advanced high school program to
be administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
minimum high school program to be administered an end-of-course
assessment instrument listed in Section 39.023(c) only for a course
in which the student is enrolled and for which an end-of-course
assessment instrument is administered. [A student is required to
achieve, in each subject in the foundation curriculum under Section
28.002(a)(1), a cumulative score that is at least equal to the
product of the number of end-of-course assessment instruments
administered to the student in that subject and a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student. A student may not receive a high
school diploma until the student has performed satisfactorily on
the 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-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
as a factor in determining whether the student satisfies the
requirements of Subsection (a) and Subsection (a-2), (a-3), or
(a-4), as applicable to the student[, including the cumulative
score requirement of that subsection]. The commissioner by rule
may determine a method by which a student's satisfactory
performance on a Preliminary Scholastic Assessment Test (PSAT)
assessment or a preliminary American College Test (ACT) assessment
may be used as a factor in determining whether the student satisfies
the requirements of Subsection (a) and Subsection (a-2), (a-3), or
(a-4), as applicable to the student.
(a-2) To graduate under the recommended high school program
[In addition to the cumulative score requirements under Subsection
(a)], a student must achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(1) English III;
(2) [and] Algebra II;
(3) biology, chemistry, or physics; and
(4) world geography, world history, or United States
history [end-of-course assessment instruments to graduate under
the recommended high school program].
(a-3) To graduate under the advanced high school program [In
addition to the cumulative score requirements under Subsection
(a)], a student must:
(1) achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a-1) on
end-of-course assessment instruments for the following:
(A) English III; and
(B) Algebra II; and
(2) achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(A) biology, chemistry, or physics; and
(B) world geography, world history, or United
States history [in order to graduate under the advanced high school
program].
(a-4) To graduate under the minimum high school program, a
student must achieve a score that meets or exceeds the score
determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(1) English III;
(2) Algebra I;
(3) biology, chemistry, or physics; and
(4) world geography, world history, or United States
history.
(a-5) 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.
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to achieve the [a minimum] score
requirement under this section may [Subsection (a) shall] retake
the assessment instrument. A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument. [Any other student may retake an
end-of-course assessment instrument for any reason.] A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under this section [requirements] for one or more
end-of-course assessment instruments as necessary [subjects
prescribed by Subsection (a)] for receiving a high school diploma,
the district shall require the student to enroll in a corresponding
content-area college preparatory course for which an end-of-course
assessment instrument has been adopted, if available. A student
who enrolls in a college preparatory course described by this
subsection shall be administered an end-of-course assessment
instrument for the course, with the end-of-course assessment
instrument scored on a scale as determined by the commissioner [not
to exceed 20 percent of the cumulative score requirements required
to graduate as determined under Subsection (a)]. A student may use
the student's score on the end-of-course assessment instrument for
the college preparatory course towards satisfying the [cumulative]
score requirement under this section [requirements prescribed by
Subsection (a)].
(e) The commissioner shall establish a required performance
level for an assessment instrument adopted under Subsection (d)
that is at least as rigorous as the performance level required to be
met under Subsection (a-2), (a-3), or (a-4), as applicable to the
student [(a)].
(e-1) Nothing in this section has the effect of prohibiting
the administration of an end-of-course assessment instrument
listed in Section 39.023(c) to a student enrolled below the high
school level who is enrolled in the course for which the assessment
instrument is adopted. The commissioner shall adopt rules
necessary to ensure that the student's performance on the
assessment instrument is considered in the same manner for purposes
of this section as the performance of a student enrolled at the high
school level.
(f) The commissioner shall by rule adopt a transition plan
to implement the amendments made by Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007, replacing
general subject assessment instruments administered at the high
school level with end-of-course assessment instruments. The rules
must provide for the end-of-course assessment instruments adopted
under Section 39.023(c) to be administered beginning with students
entering the ninth grade during the 2011-2012 school year. During
the period under which the transition to end-of-course assessment
instruments is made:
(1) for students entering a grade above the ninth
grade during the 2011-2012 school year and to the extent necessary
for purposes of Subdivisions (5) and (6), the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures under this chapter the
assessment instruments required by Section 39.023(a) or (c), as
that section existed before amendment by Chapter 1312 (S.B. No.
1031), Acts of the 80th Legislature, Regular Session, 2007;
(2) a student subject to Subdivision (1) may not
receive a high school diploma unless the student has performed
satisfactorily on each required assessment instrument administered
under Section 39.023(c) as that section existed before amendment by
Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular
Session, 2007; [and]
(3) the agency may defer releasing assessment
instrument questions and answer keys as required by Section
39.023(e) to the extent necessary to develop additional assessment
instruments;
(4) a student entering ninth grade during the
2011-2012 or 2012-2013 school year shall be administered each
end-of-course assessment instrument listed in Section 39.023(c)
for a course in which the student is enrolled and for which an
end-of-course assessment instrument is administered;
(5) a student subject to Subdivision (4) may not
receive a high school diploma under the recommended high school
program unless the student:
(A) achieves a score that meets or exceeds the
score determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(i) English III;
(ii) Algebra II;
(iii) biology, chemistry, or physics; and
(iv) world geography, world history, or
United States history; or
(B) has performed satisfactorily on each
required assessment instrument administered under Section
39.023(c), as that section existed before amendment by Chapter 1312
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
2007;
(6) a student subject to Subdivision (4) may not
receive a high school diploma under the minimum high school program
unless the student:
(A) achieves a score that meets or exceeds the
score determined by the commissioner under Section 39.0241(a) on
end-of-course assessment instruments for the following:
(i) English III;
(ii) Algebra I;
(iii) biology, chemistry, or physics; and
(iv) world geography, world history, or
United States history; or
(B) has performed satisfactorily on each
required assessment instrument administered under Section
39.023(c), as that section existed before amendment by Chapter 1312
(S.B. No. 1031), Acts of the 80th Legislature, Regular Session,
2007; and
(7) a student entering ninth grade during the
2013-2014 school year or a later school year may not receive a high
school diploma unless the student has satisfied the requirements of
Subsection (a) and Subsection (a-2), (a-3), or (a-4), as applicable
to the student.
(g) Rules adopted under Subsection (f) must require that
each student who will be subject to the requirements of Subsection
(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the
specific requirements applicable to the student. Notice under this
subsection must be provided not later than the date the student
enters the eighth grade. For a student who entered eighth grade in
the 2010-2011 school year, notice under this subsection must also
be provided not later than the date the student enters the ninth
grade to inform the student of modifications in the requirements
applicable to the student. Subsection (f) and this subsection
expire September 1, 2017 [2015].
SECTION 6. Section 39.034, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The agency may use a projection measure only in
determining, for purposes of this section, an expected level of
annual improvement in student achievement. The agency may not use a
projection measure as a representation, for purposes of this
section, of an actual level of annual improvement in student
achievement.
SECTION 7. Section 39.053, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1), the performance of a student enrolled below the high school
level on an assessment instrument required under Section 39.023(c)
is included with results relating to other students enrolled at the
same grade level.
SECTION 8. Section 39.203, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) In addition to the distinction designations otherwise
described by this section, the commissioner may award a distinction
designation to a campus with a significant number of students below
grade nine who perform satisfactorily on an end-of-course
assessment instrument administered under Section 39.023(c).
SECTION 9. (a) A school district policy adopted under
Section 39.023(c), Education Code, as amended by this Act, applies
beginning with the 2011-2012 school year.
(b) Section 39.025(b), Education Code, as amended by this
Act, applies beginning with the 2011-2012 school year.
SECTION 10. 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, 2011.