Bill Text: TX SB260 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the administration of assessment instruments in public schools and eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation or to make certain accountability determinations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-30 - Co-author authorized [SB260 Detail]
Download: Texas-2021-SB260-Introduced.html
87R1173 MM-D | ||
By: Menéndez | S.B. No. 260 |
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relating to the administration of assessment instruments in public | ||
schools and eliminating the requirement to use public school | ||
assessment instruments as a criterion for promotion or graduation | ||
or to make certain accountability determinations. | ||
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; and | ||
(4) [ |
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[ |
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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. 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[ |
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[ |
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[ |
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diploma program completion rates for the grade levels served by the | ||
diploma program. | ||
SECTION 3. Section 19.0043(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student may graduate and receive a diploma from a | ||
Windham School District educational program if: | ||
(1) the student successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Section 28.025(a) [ |
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(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. | ||
SECTION 4. 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; and | ||
(B) awarding credit for completed course work; | ||
and | ||
[ |
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(2) include appropriate criteria developed by the | ||
agency. | ||
SECTION 5. Section 26.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.005. ACCESS TO STATE ASSESSMENTS. (a) Except as | ||
provided by Section 39.023(e) or this section, a parent is entitled | ||
to access to a copy of each state assessment instrument | ||
administered under Section 39.023 to the parent's child. | ||
(b) The agency by rule shall determine the manner in which | ||
access to any copy of an assessment instrument adopted under | ||
Section 39.023(a) or (c) is provided. | ||
SECTION 6. Section 28.006(j), Education Code, is amended to | ||
read as follows: | ||
(j) No more than 15 percent of the funds certified by the | ||
commissioner under Subsection (i) may be spent on indirect costs. | ||
The commissioner shall evaluate the programs that fail to meet the | ||
standard of performance under Section 39.301(c)(6) [ |
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and may implement interventions or sanctions under Chapter 39A. The | ||
commissioner may audit the expenditures of funds appropriated for | ||
purposes of this section. The use of the funds appropriated for | ||
purposes of this section shall be verified as part of the district | ||
audit under Section 44.008. | ||
SECTION 7. Section 28.014(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school district shall partner with at least one | ||
institution of higher education to develop and provide courses in | ||
college preparatory mathematics and English language arts. The | ||
courses must be designed: | ||
(1) for students at the 12th grade level whose | ||
performance on: | ||
(A) an [ |
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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 8. 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; and | ||
(3) [ |
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[ |
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determined by the district. | ||
SECTION 9. The heading to Section 28.0211, Education Code, | ||
is amended to read as follows: | ||
Sec. 28.0211. [ |
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SECTION 10. Sections 28.0211(a-1), (c), (d), (g), (i), and | ||
(k), Education Code, are amended to read as follows: | ||
(a-1) Each time a student fails to perform satisfactorily on | ||
an assessment instrument administered under Section 39.023(a) [ |
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school district in which the student attends school shall provide | ||
to the student accelerated instruction in the applicable subject | ||
area. Accelerated instruction may require participation of the | ||
student before or after normal school hours and may include | ||
participation at times of the year outside normal school | ||
operations. | ||
(c) [ |
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group administered by a school district under this section may not | ||
have a ratio of more than 10 students for each teacher. | ||
(d) In addition to providing accelerated instruction to a | ||
student under Subsection (a-1) [ |
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student's parent or guardian of: | ||
(1) the student's failure to perform satisfactorily on | ||
the assessment instrument; and | ||
(2) the accelerated instruction program to which the | ||
student is assigned[ |
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[ |
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(g) This section does not preclude the retention at a grade | ||
level, in accordance with state law or school district policy, of a | ||
student who performs satisfactorily on an assessment instrument | ||
[ |
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(i) The admission, review, and dismissal committee of a | ||
student who participates in a district's special education program | ||
under Subchapter A, Chapter 29, and who does not perform | ||
satisfactorily on an assessment instrument [ |
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must meet before the student is administered the assessment | ||
instrument for the second time. The committee shall determine[ |
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[ |
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in an accelerated instruction program under this section[ |
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[ |
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(k) The commissioner shall adopt rules as necessary to | ||
implement this section[ |
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SECTION 11. Section 28.0217, Education Code, is amended to | ||
read as follows: | ||
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL | ||
STUDENTS. Each time a student fails to perform satisfactorily on an | ||
assessment instrument required [ |
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39.023(c), the school district in which the student attends school | ||
shall provide to the student accelerated instruction in the | ||
applicable subject area, using funds appropriated for accelerated | ||
instruction under Section 28.0211. Accelerated instruction may | ||
require participation of the student before or after normal school | ||
hours and may include participation at times of the year outside | ||
normal school operations. | ||
SECTION 12. 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 [ |
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SECTION 13. Sections 28.025(b-4), (b-7), (c), (c-8), and | ||
(e), 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[ |
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(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) [ |
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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 Section [ |
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(2) the student successfully completes an | ||
individualized education program developed under Section 29.005. | ||
(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 | ||
[ |
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39.023(c) to earn an endorsement on the student's transcript. | ||
(e) Each school district shall report the academic | ||
achievement record of students who have completed the foundation | ||
high school program on transcript forms adopted by the State Board | ||
of Education. [ |
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SECTION 14. Sections 28.02541(a) and (d), Education Code, | ||
are amended to read as follows: | ||
(a) This section applies only to a student who: | ||
(1) entered the ninth grade before the 2011-2012 | ||
school year; and | ||
(2) successfully completed the curriculum | ||
requirements for high school graduation applicable to the student | ||
when the student entered the ninth grade[ |
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[ |
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[ |
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(d) In adopting rules under Subsection (c)(2), the | ||
commissioner may authorize as an alternative requirement: | ||
(1) [ |
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[ |
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(2) [ |
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SECTION 15. 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[ |
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[ |
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requirements specified under Subsection (e)[ |
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[ |
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SECTION 16. Section 28.02591(a), Education Code, is amended | ||
to read as follows: | ||
(a) The Texas Higher Education Coordinating Board, in | ||
coordination with the agency, shall collect longitudinal data | ||
relating to the post-graduation pursuits of each student who is | ||
awarded a diploma based on the determination of an individual | ||
graduation committee under former Section 28.0258, as that section | ||
existed on January 1, 2021 [ |
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whether the student: | ||
(1) enters the workforce; | ||
(2) enrolls in an associate degree or certificate | ||
program at a public or private institution of higher education; | ||
(3) enrolls in a bachelor's degree program at a public | ||
or private institution of higher education; or | ||
(4) enlists in the armed forces of the United States or | ||
the Texas National Guard. | ||
SECTION 17. Section 29.056(g), Education Code, is amended | ||
to read as follows: | ||
(g) A district may transfer a student of limited English | ||
proficiency out of a bilingual education or special language | ||
program for the first time or a subsequent time if the student is | ||
able to participate equally in a regular all-English instructional | ||
program as determined by: | ||
(1) agency-approved tests administered at the end of | ||
each school year to determine the extent to which the student has | ||
developed oral and written language proficiency and specific | ||
language skills in English; | ||
(2) satisfactory performance on the reading | ||
assessment instrument under Section 39.023(a) or the [ |
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language arts portion of the assessment instrument under Section | ||
39.023(c), as applicable, with the assessment instrument | ||
administered in English, or, if the student is enrolled in the first | ||
or second grade, an achievement score at or above the 40th | ||
percentile in the reading and language arts sections of an English | ||
standardized test approved by the agency; and | ||
(3) agency-approved criterion-referenced tests and | ||
the results of a subjective teacher evaluation. | ||
SECTION 18. 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 the [ |
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Section 39.023(c) and has not performed satisfactorily [ |
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(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 the [ |
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required under Section 39.023(c) [ |
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SECTION 19. Sections 29.087(f) and (l), Education Code, are | ||
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), [ |
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39.023(c) before or [ |
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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 instrument [ |
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required by this subsection. | ||
(l) The commissioner may revoke a school district's or | ||
open-enrollment charter school's authorization under this section | ||
after consideration of relevant factors, including [ |
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of students participating in the district's or school's program who | ||
complete the program and perform successfully on the high school | ||
equivalency examination[ |
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commissioner. A decision by the commissioner under this subsection | ||
is final and may not be appealed. | ||
SECTION 20. Sections 29.259(g), (i), and (o), Education | ||
Code, are amended to read as follows: | ||
(g) A person who is at least 18 years of age and not more | ||
than 50 years of age is eligible to enroll in the adult education | ||
program under this section if the person: | ||
(1) has failed to complete the curriculum requirements | ||
for high school graduation; or | ||
(2) has failed to perform satisfactorily on an | ||
assessment instrument that, before the 2021-2022 school year, was | ||
required for high school graduation. | ||
(i) A charter granted under this section must: | ||
(1) include a description of the adult education | ||
program to be offered under this section; and | ||
(2) establish specific, objective standards for | ||
receiving a high school diploma, including[ |
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[ |
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(A) [ |
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participant, the curriculum requirements under Section 28.025; or | ||
(B) [ |
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requirements applicable to the program participant[ |
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[ |
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(o) The commissioner shall develop and adopt performance | ||
frameworks that establish standards by which to measure the | ||
performance of an adult high school program operated under a | ||
charter granted under this section in a manner consistent with the | ||
requirements provided for an open-enrollment charter school under | ||
Sections 12.1181(a) and (b). The commissioner shall include in the | ||
performance frameworks adopted under this subsection the following | ||
performance indicators: | ||
(1) [ |
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[ |
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successfully completed the high school program and earned a high | ||
school diploma; | ||
(2) [ |
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successfully completed career and technology education courses and | ||
obtained industry certification; | ||
(3) [ |
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have enrolled in an institution of higher education or private or | ||
independent institution of higher education, as those terms are | ||
defined under Section 61.003; and | ||
(4) [ |
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earned a wage, salary, or other income increase that was | ||
significant as determined and reported by the Texas Workforce | ||
Commission. | ||
SECTION 21. Sections 29.402(b) and (c), Education Code, are | ||
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: | ||
(A) an [ |
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required [ |
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(B) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by _.B. | ||
___, Acts of the 87th Legislature, Regular Session, 2021; 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. | ||
(c) A public junior college under this section shall: | ||
(1) design a dropout recovery curriculum that includes | ||
career and technology education courses that lead to industry or | ||
career certification; | ||
(2) integrate into the dropout recovery curriculum | ||
research-based strategies to assist students in becoming able | ||
academically to pursue postsecondary education, including: | ||
(A) high quality, college readiness instruction | ||
with strong academic and social supports; | ||
(B) secondary to postsecondary bridging that | ||
builds college readiness skills, provides a plan for college | ||
completion, and ensures transition counseling; and | ||
(C) information concerning appropriate supports | ||
available in the first year of postsecondary enrollment to ensure | ||
postsecondary persistence and success, to the extent funds are | ||
available for the purpose; | ||
(3) offer advanced academic and transition | ||
opportunities, including dual credit courses and college | ||
preparatory courses, such as advanced placement courses; and | ||
(4) coordinate with each partnering school district to | ||
provide in the articulation agreement that the district retains | ||
accountability for student attendance and[ |
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high school course requirements[ |
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diploma from a high school of the partnering school district. | ||
SECTION 22. 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[ |
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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 23. Section 30.104(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student may graduate and receive a diploma from a | ||
department educational program if: | ||
(1) the student successfully completes the curriculum | ||
requirements identified by the State Board of Education under | ||
Section 28.025(a) [ |
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(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. | ||
SECTION 24. Section 32.258(b), Education Code, is amended | ||
to read as follows: | ||
(b) The system established under Subsection (a) shall | ||
provide a means for a student or the student's parent or other | ||
person standing in parental relationship to track the student's | ||
progress on assessment instruments [ |
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SECTION 25. Section 37.008(m), Education Code, is amended | ||
to read as follows: | ||
(m) The commissioner shall adopt rules necessary to | ||
evaluate annually the performance of each district's disciplinary | ||
alternative education program established under this subchapter. | ||
The evaluation required by this section shall be based on | ||
indicators defined by the commissioner[ |
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alternative education programs shall be to enable students to | ||
perform at grade level. | ||
SECTION 26. Section 39.023(a), Education Code, as effective | ||
until September 1, 2021, is amended to read as follows: | ||
(a) The agency shall adopt nationally recognized [ |
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designed to assess essential knowledge and skills in reading, | ||
[ |
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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 | ||
eight; | ||
(2) reading, annually in grades three through eight; | ||
and | ||
(3) [ |
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[ |
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[ |
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[ |
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SECTION 27. Section 39.023(a), Education Code, as effective | ||
September 1, 2021, is amended to read as follows: | ||
(a) The agency shall adopt nationally recognized [ |
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designed to assess essential knowledge and skills in reading, | ||
mathematics, [ |
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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 | ||
eight; | ||
(2) reading, annually in grades three through eight; | ||
and | ||
(3) [ |
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[ |
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[ |
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SECTION 28. Section 39.023, Education Code, is amended by | ||
amending Subsections (a-2), (a-3), (a-11), (a-12), (a-13), (c), | ||
(c-1), (c-4), (c-5), (d), (e), (f), (g), (h), (i), and (p) and | ||
adding Subsection (h-1) to read as follows: | ||
(a-2) Except as required by federal law, a student is not | ||
required to be assessed in a subject otherwise assessed at the | ||
student's grade level under Subsection (a) if the student[ |
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[ |
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for students above the student's grade level and will be | ||
administered an assessment instrument adopted [ |
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Subsection (a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
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[ |
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(a-3) The agency may not adopt [ |
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criterion-referenced assessment instrument under this section | ||
based on common core state standards as defined by Section | ||
28.002(b-1). This subsection does not prohibit the use of college | ||
advanced placement tests or international baccalaureate | ||
examinations as those terms are defined by Section 28.051. | ||
(a-11) Before an assessment instrument adopted [ |
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subsection, the assessment instrument must, on the basis of | ||
empirical evidence, be determined to be valid and reliable by an | ||
entity that is independent of the agency and of any other entity | ||
that developed the assessment instrument. | ||
(a-12) An assessment instrument adopted [ |
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under Subsection (a) may not have more than three parts. A part of | ||
an assessment instrument must be designed so that: | ||
(1) if administered to students in grades three and | ||
four, 85 percent of students will be able to complete that part | ||
within 60 minutes; and | ||
(2) if administered to students in grades five through | ||
eight, 85 percent of students will be able to complete that part | ||
within 75 minutes. | ||
(a-13) The amount of time allowed for administration of an | ||
assessment instrument adopted [ |
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may not exceed eight hours, and the administration may occur in | ||
multiple parts over more than one day. | ||
(c) The agency shall also adopt a nationally recognized | ||
multiple subject assessment instrument to be administered to | ||
students in grade 11 to assess essential knowledge and skills in | ||
mathematics, English language arts, and science [ |
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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 the [ |
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required under this subsection. [ |
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(c-1) The agency shall ensure that each [ |
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assessment instrument adopted [ |
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student achievement as required by Sections 39.034(c) and (d). | ||
(c-4) To the extent practicable and subject to Section | ||
39.024, the agency shall ensure that each [ |
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assessment instrument adopted under Subsection (c) is: | ||
(1) capable of measuring [ |
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standards established under Section 28.008; and | ||
(2) validated by national postsecondary education | ||
experts for college readiness content and performance standards. | ||
(c-5) A student's performance on an [ |
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assessment instrument required under Subsection (c) must be | ||
included in the student's academic achievement record. | ||
(d) The commissioner may participate in multistate efforts | ||
to develop voluntary standardized secondary-level [ |
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assessment instruments. [ |
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admission, review, and dismissal committee of a student in a | ||
special education program under Subchapter A, Chapter 29, shall | ||
determine whether any allowable modification is necessary in | ||
administering to the student an [ |
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instrument. | ||
(e) Under rules adopted by the State Board of Education, | ||
every third year, the agency shall release the questions and answer | ||
keys to each assessment instrument administered under Subsection | ||
[ |
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administered to a student for the purpose of retaking the | ||
assessment instrument, after the last time the instrument is | ||
administered for that school year. To ensure a valid bank of | ||
questions for use each year, the agency is not required to release a | ||
question that is being field-tested and was not used to compute the | ||
student's score on the instrument. The agency shall also release, | ||
under board rule, each question that is no longer being | ||
field-tested and that was not used to compute a student's score. | ||
[ |
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(f) An [ |
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this section unless the assessment instrument is [ |
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ability and complex-thinking skills using a method of assessing | ||
those abilities and skills that is demonstrated to be highly | ||
reliable. | ||
(g) An [ |
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instrument adopted under Subsection (a) or (c) [ |
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must be a secured test. The commissioner shall contract with a | ||
nationally recognized vendor to administer the assessment | ||
instruments described by this subsection, complete the scoring of | ||
the assessment instruments, 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 | ||
person standing in parental relation to the student that states the | ||
student's results and whether the student performed satisfactorily | ||
on the assessment instrument or test [ |
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(h) Except as provided by Subsection (g), the [ |
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shall notify school districts and campuses of the results of | ||
assessment instruments administered under this section not later | ||
than the 21st day after the date the assessment instrument is | ||
administered. | ||
(h-1) A [ |
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district teacher the results of assessment instruments | ||
administered to students taught by the teacher in the subject for | ||
the school year in which the assessment instrument is administered. | ||
(i) Except as provided by this subsection, the [ |
||
provisions of this section[ |
||
modification by rules adopted under Section 39.022. The provisions | ||
of Subsection (d) and the provisions requiring the agency to adopt a | ||
nationally recognized assessment instrument are not subject to | ||
modification by rules adopted under Section 39.022. Each | ||
assessment instrument adopted under [ |
||
Section 39.022 and each assessment instrument required under | ||
Subsections (a), (c), 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 [ |
||
(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. | ||
SECTION 29. The heading to Section 39.0232, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.0232. CERTAIN USE OF SECONDARY-LEVEL | ||
[ |
||
SECTION 30. Section 39.0232(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student's performance on an [ |
||
assessment instrument required under Section 39.023(c) may not be | ||
used[ |
||
[ |
||
any purpose[ |
||
[ |
||
SECTION 31. Section 39.0234, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT | ||
INSTRUMENTS. (a) Except as provided by Subsection (b), the [ |
||
agency shall ensure that assessment instruments required under | ||
Section 39.023 are capable of being administered electronically. | ||
(b) Subsection (a) does not apply to a nationally recognized | ||
assessment instrument adopted by the agency under Section 39.023(a) | ||
or (c). | ||
SECTION 32. Section 39.024(i), Education Code, is amended | ||
to read as follows: | ||
(i) The agency shall gather data and conduct research to | ||
substantiate any correlation between a certain level of performance | ||
by students on the [ |
||
under Section 39.023(c) [ |
||
(1) military service; or | ||
(2) a workforce training, certification, or other | ||
credential program at a postsecondary educational institution that | ||
primarily offers associate degrees or certificates or credentials | ||
other than baccalaureate or advanced degrees. | ||
SECTION 33. The heading to Section 39.025, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.025. USE OF SECONDARY-LEVEL ASSESSMENT INSTRUMENT | ||
[ |
||
SECTION 34. Sections 39.025(a), (b-1), and (f), Education | ||
Code, are amended 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 the [ |
||
under [ |
||
assessment instrument shall be evaluated to determine whether the | ||
[ |
||
indicates satisfactory performance, as determined by the | ||
commissioner under Section 39.0241(a)[ |
||
the administration of the assessment instrument may not be used as | ||
criteria for graduation. The results may be used only for the | ||
purpose of diagnosing the academic strengths and deficiencies of a | ||
student and guiding specific instruction to the student. [ |
||
(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 the [ |
||
required under Section 39.023(c) with accelerated instruction in | ||
the relevant subject [ |
||
(f) The commissioner shall [ |
||
of the 87th Legislature, Regular Session, 2021 [ |
||
replacing end-of-course [ |
||
administered at the high school level with a nationally recognized, | ||
multiple subject [ |
||
[ |
||
(1) the assessment instrument [ |
||
administered beginning with [ |
||
and | ||
(2) an exemption from the requirement under | ||
Subdivision (1)[ |
||
[ |
||
been administered the Algebra I, biology, English I, and English II | ||
end-of-course assessment instruments [ |
||
[ |
||
January 1, 2021 [ |
||
SECTION 35. 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 [ |
||
[ |
||
SECTION 36. Section 39.035(a), Education Code, is amended | ||
to read as follows: | ||
(a) Subject to Subsection (b), the agency may conduct field | ||
testing of questions for any assessment instrument administered | ||
under Section 39.023(b) [ |
||
separate from the administration of the assessment instrument not | ||
more frequently than every other school year. | ||
SECTION 37. Section 39.053(c), Education Code, is amended | ||
to read as follows: | ||
(c) School districts and campuses must be evaluated based on | ||
three domains of indicators of achievement adopted under this | ||
section that include: | ||
(1) in the student achievement domain, indicators of | ||
student achievement that must include: | ||
(A) for evaluating the performance of districts | ||
and campuses generally, [ |
||
[ |
||
commissioner that may not include [ |
||
of assessment instruments required under Section 39.023 [ |
||
[ |
||
[ |
||
[ |
||
(B) for evaluating the performance of high school | ||
campuses and districts that include high school campuses, | ||
indicators that account for: | ||
(i) students who satisfy the Texas Success | ||
Initiative (TSI) college readiness benchmarks prescribed by the | ||
Texas Higher Education Coordinating Board under Section 51.334 on | ||
an assessment instrument in reading or mathematics designated by | ||
the coordinating board under that section; | ||
(ii) students who satisfy relevant | ||
performance standards on advanced placement tests or similar | ||
assessments; | ||
(iii) students who earn dual course credits | ||
in the dual credit courses; | ||
(iv) students who enlist in the armed | ||
forces of the United States; | ||
(v) students who earn industry | ||
certifications; | ||
(vi) students admitted into postsecondary | ||
industry certification programs that require as a prerequisite for | ||
entrance successful performance at the secondary level; | ||
(vii) students whose successful completion | ||
of a course or courses under Section 28.014 indicates the student's | ||
preparation to enroll and succeed, without remediation, in an | ||
entry-level general education course for a baccalaureate degree or | ||
associate degree; | ||
(viii) students who successfully met | ||
standards on a composite of indicators that through research | ||
indicates the student's preparation to enroll and succeed, without | ||
remediation, in an entry-level general education course for a | ||
baccalaureate degree or associate degree; | ||
(ix) high school graduation rates, computed | ||
in accordance with standards and definitions adopted in compliance | ||
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) | ||
subject to the exclusions provided by Subsections (g), (g-1), | ||
(g-2), [ |
||
(x) students who successfully completed an | ||
OnRamps dual enrollment course; | ||
(xi) students who successfully completed a | ||
practicum or internship approved by the State Board of Education; | ||
and | ||
(xii) students who are awarded an associate | ||
degree; | ||
(2) in the school progress domain, indicators for | ||
effectiveness in promoting student learning, which must include[ |
||
[ |
||
[ |
||
performance of districts and campuses compared to similar districts | ||
or campuses; and | ||
(3) in the closing the gaps domain, the use of | ||
disaggregated data to demonstrate the differentials among students | ||
from different racial and ethnic groups, socioeconomic | ||
backgrounds, and other factors, including: | ||
(A) students formerly receiving special | ||
education services; | ||
(B) students continuously enrolled; and | ||
(C) students who are mobile. | ||
SECTION 38. Section 39.054(b-1), Education Code, is amended | ||
to read as follows: | ||
(b-1) Consideration of the effectiveness of district | ||
programs under Section 39.052(b)(2)(B) or (C): | ||
(1) must[ |
||
[ |
||
Public Education Information Management System (PEIMS) for | ||
purposes of accountability under this chapter; and | ||
[ |
||
(2) may be based on the results of a special | ||
accreditation investigation conducted under Section 39.057. | ||
SECTION 39. Section 39.055, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT | ||
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY | ||
PURPOSES. Notwithstanding any other provision of this code except | ||
to the extent otherwise provided under Section 39.053(g-3), for | ||
purposes of determining the performance of a school district, | ||
campus, or open-enrollment charter school under this chapter, a | ||
student ordered by a juvenile court into a residential program or | ||
facility operated by or under contract with the Texas Juvenile | ||
Justice Department, a juvenile board, or any other governmental | ||
entity or any student who is receiving treatment in a residential | ||
facility is not considered to be a student of the school district in | ||
which the program or facility is physically located or of an | ||
open-enrollment charter school, as applicable. The performance of | ||
such a student on an [ |
||
indicator adopted under Section 39.053 or reporting indicator | ||
adopted under Section 39.301 shall be determined, reported, and | ||
considered separately from the performance of students attending a | ||
school of the district in which the program or facility is | ||
physically located or an open-enrollment charter school, as | ||
applicable. | ||
SECTION 40. Section 39.203(c), Education Code, is amended | ||
to read as follows: | ||
(c) In addition to the distinction designations described | ||
by Subsections (a) and (b), a campus that satisfies the criteria | ||
developed under Section 39.204 shall be awarded a distinction | ||
designation by the commissioner for outstanding performance in | ||
academic achievement in English language arts, mathematics, or | ||
science[ |
||
SECTION 41. Sections 39.301(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) Indicators for reporting purposes must include: | ||
(1) the percentage of graduating students who meet the | ||
course requirements established by State Board of Education rule | ||
for: | ||
(A) the foundation high school program; | ||
(B) the distinguished level of achievement under | ||
the foundation high school program; and | ||
(C) each endorsement described by Section | ||
28.025(c-1); | ||
(2) the results of the SAT, ACT, and certified | ||
workforce training programs described by Chapter 311, Labor Code; | ||
(3) the percentage of students, aggregated by grade | ||
level and subject area, who satisfy each performance standard under | ||
Section 39.0241 on assessment instruments required under: | ||
(A) Section 39.023(a); and | ||
(B) Section 39.023(c); | ||
(4) for students who have failed to perform | ||
satisfactorily, under each performance standard under Section | ||
39.0241, on an assessment instrument required under Section | ||
39.023(a) or (c), the performance of those students on subsequent | ||
assessment instruments required under those sections, aggregated | ||
by grade level and subject area; | ||
(5) [ |
||
disaggregated by major student subpopulations, that take courses | ||
under the foundation high school program and take additional | ||
courses to earn an endorsement under Section 28.025(c-1), | ||
disaggregated by type of endorsement; | ||
(6) [ |
||
grade level, provided accelerated instruction under Section | ||
28.0211 [ |
||
each student failed to perform satisfactorily under each | ||
performance standard under Section 39.0241, and the performance of | ||
those students in the following school year [ |
||
39.023; | ||
(7) [ |
||
English proficiency exempted from the administration of an | ||
assessment instrument under Sections 39.027(a)(1) and (2); | ||
(8) [ |
||
education program under Subchapter A, Chapter 29, assessed through | ||
assessment instruments developed or adopted under Section | ||
39.023(b); | ||
[ |
||
(9) the measure of progress toward dual language | ||
proficiency under Section 39.034(b), for students of limited | ||
English proficiency, as defined by Section 29.052; | ||
(10) the percentage of students who are not | ||
educationally disadvantaged; | ||
(11) the percentage of students who enroll and begin | ||
instruction at an institution of higher education in the school | ||
year following high school graduation; and | ||
(12) the percentage of students who successfully | ||
complete the first year of instruction at an institution of higher | ||
education without needing a developmental education course. | ||
(d) Performance on the indicators described by Section | ||
39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on | ||
longitudinal student data that is disaggregated by the bilingual | ||
education or special language program, if any, in which students of | ||
limited English proficiency, as defined by Section 29.052, are or | ||
former students of limited English proficiency were enrolled. If a | ||
student described by this subsection is not or was not enrolled in | ||
specialized language instruction, the number and percentage of | ||
those students shall be provided. | ||
SECTION 42. Section 39.305(b), Education Code, is amended | ||
to read as follows: | ||
(b) The report card shall include the following | ||
information: | ||
(1) where applicable, the achievement indicators | ||
described by Section 39.053(c) and the reporting indicators | ||
described by Sections 39.301(c)(1) through (6) [ |
||
(2) average class size by grade level and subject; | ||
(3) the administrative and instructional costs per | ||
student, computed in a manner consistent with Section 44.0071; and | ||
(4) the district's instructional expenditures ratio | ||
and instructional employees ratio computed under Section 44.0071, | ||
and the statewide average of those ratios, as determined by the | ||
commissioner. | ||
SECTION 43. Section 39.332(b)(20), Education Code, is | ||
amended to read as follows: | ||
(20) The report must contain a comparison of the | ||
performance of open-enrollment charter schools and school | ||
districts on the achievement indicators described by Section | ||
39.053(c) and [ |
||
39.301(c), [ |
||
performance of open-enrollment charter schools predominantly | ||
serving students at risk of dropping out of school, as described by | ||
Section 29.081(d), with the performance of school districts. | ||
SECTION 44. 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 87th Legislature, Regular Session, 2021, 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 87th Legislature, Regular | ||
Session, 2021, 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 45. Effective September 1, 2021, the following | ||
provisions of the Education Code are repealed: | ||
(1) Section 12.104(b-2); | ||
(2) Section 19.0043(c); | ||
(3) Section 21.4551(c); | ||
(4) Sections 28.0211(a), (a-2), (b), (e), (f), (i-1), | ||
(i-2), (n), (o), and (p); | ||
(5) Sections 28.025(c-6) and (d); | ||
(6) Section 28.0255(h); | ||
(7) Section 28.0258; | ||
(8) Section 28.0259; | ||
(9) Section 29.259(c); | ||
(10) Section 30.104(c); | ||
(11) Sections 39.023(a-1), (c-2), (c-6), and (c-8); | ||
(12) Section 39.023(c-7), as added by Chapter 1282 | ||
(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019; | ||
(13) Section 39.0231; | ||
(14) Sections 39.0232(a), (c), and (d); | ||
(15) Section 39.0233; | ||
(16) Sections 39.025(a-1), (a-2), (a-3), (a-4), | ||
(a-5), (b), (c), (c-1), (c-2), (d), (e), (e-1), (f-1), (f-2), and | ||
(g); | ||
(17) Sections 39.053(c-2), (c-3), (d), and (d-1); and | ||
(18) Section 39.203(d). | ||
SECTION 46. Before the first administration of the | ||
assessment instruments adopted under Sections 39.023(a) and (c), | ||
Education Code, as amended by this Act, the Texas Education Agency | ||
shall develop evidence, through a peer review process, to | ||
demonstrate that the assessment instruments are aligned with the | ||
essential knowledge and skills for each subject assessed. | ||
SECTION 47. (a) As soon as practicable, each school | ||
district that provided notice to an eighth grade student during the | ||
2020-2021 school year under Section 39.025(g), Education Code, as | ||
that section existed before the repeal by this Act, shall send an | ||
updated notice to that student 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. | ||
(b) As soon as practicable, the commissioner of education | ||
shall determine the level of performance considered to be | ||
satisfactory as required under Section 39.0241(a), Education Code, | ||
on the assessment instrument required under Section 39.023(c), | ||
Education Code, as amended by this Act. | ||
SECTION 48. The Texas Education Agency shall, to the | ||
greatest extent practicable, apply cost savings that result from | ||
implementing the changes made by this Act to support any program | ||
eligible under Title I, Elementary and Secondary Education Act of | ||
1965 (20 U.S.C. Section 6301 et seq.). | ||
SECTION 49. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 50. 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, 2021. |