Bill Text: TX HB500 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to state-adopted assessment instruments administered to public school students.
Spectrum: 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. |
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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 [ |
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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 [ |
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a policy addressing whether [ |
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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 [ |
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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 [ |
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district policy concerning whether [ |
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so, the manner in which to use the student's performance on the | ||
subsequent administration or administrations of the assessment | ||
instrument in determining [ |
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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. [ |
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(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[ |
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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 | ||
[ |
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determined by the commissioner under Section 39.0241(a) on | ||
end-of-course assessment instruments for the following: | ||
(1) English III; | ||
(2) [ |
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(3) biology, chemistry, or physics; and | ||
(4) world geography, world history, or United States | ||
history [ |
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(a-3) To graduate under the advanced high school program [ |
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(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 [ |
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(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 [ |
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requirement under this section may [ |
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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. [ |
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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 [ |
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score requirement under this section [ |
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end-of-course assessment instruments as necessary [ |
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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 [ |
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the student's score on the end-of-course assessment instrument for | ||
the college preparatory course towards satisfying the [ |
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score requirement under this section [ |
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(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 [ |
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(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; [ |
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(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 [ |
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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. |