By Ogden                                               H.B. No. 533
       74R1128 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to statewide testing of public school students.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 35.023-35.026, Education Code, are
    1-5  amended to read as follows:
    1-6        Sec. 35.023.  ADOPTION AND ADMINISTRATION OF TESTS
    1-7  <INSTRUMENTS>.  (a)  The Central Education Agency shall adopt
    1-8  appropriate criterion-referenced tests <assessment instruments>
    1-9  designed to assess competencies in reading, writing, and <social
   1-10  studies, science,> mathematics<, and other subject areas determined
   1-11  by the State Board of Education>. Each school district shall
   1-12  administer the tests in the spring to <Assessment in reading and
   1-13  mathematics shall be annual for> all nonexempt students <pupils> in
   1-14  grades 4, 8, and 12 <three through eight and assessment shall be
   1-15  periodic in other areas as determined by the State Board of
   1-16  Education>.  A school district, other than a district that is rated
   1-17  accredited warned under Section 35.062, may grade the tests.  The
   1-18  Central Education Agency shall grade the tests of each school
   1-19  district that may not or does not grade the tests itself.
   1-20        (b)  A test adopted under this section must be administered
   1-21  in English.  <The Central Education Agency shall also adopt
   1-22  secondary exit-level assessment instruments designed to assess
   1-23  competencies in mathematics, social studies, science, and English
   1-24  language arts and other subject areas determined by the State Board
    2-1  of Education.  The English language arts section must include the
    2-2  assessment of writing competencies.  The State Board of Education
    2-3  shall administer the assessment instruments.>
    2-4        (c)  A test <The State Board of Education shall adopt a
    2-5  schedule for the administration of secondary exit-level assessment
    2-6  instruments.  Each pupil who did not perform satisfactorily on any
    2-7  secondary exit-level assessment instrument when initially tested
    2-8  shall be given multiple opportunities to retake that assessment
    2-9  instrument.>
   2-10        <(d)  An assessment instrument> adopted under this section
   2-11  may include multiple sets of questions with one set administered to
   2-12  each group of students assessed in order to enhance security and
   2-13  broaden the total curriculum elements assessed.
   2-14        (d) <(e)>  The tests <assessment instruments> shall be
   2-15  designed to include assessment of a student's problem-solving
   2-16  ability and complex-thinking skills.
   2-17        (e)  Each school district shall make a test administered
   2-18  under Subsection (a) available to parents and the public after it
   2-19  is administered.
   2-20        <(f)  The assessment instruments required by Subsections (a)
   2-21  and (b) must include assessments of social studies and science not
   2-22  later than the 1994-1995 school year.  The State Board of Education
   2-23  may adopt a schedule for the addition of the assessment of those
   2-24  subjects at the required grade levels in phases.  This subsection
   2-25  expires August 31, 1995.>
   2-26        (f) <(g)  The State Board of Education may adopt one
   2-27  appropriate, nationally recognized, norm-referenced assessment
    3-1  instrument in reading and mathematics to be administered uniformly
    3-2  in the spring.  If adopted, a norm-referenced assessment instrument
    3-3  must be a secured test.  The state may pay the costs of purchasing
    3-4  and scoring the adopted assessment instrument and of distributing
    3-5  the results of the adopted instrument to the school districts.  A
    3-6  district that administers the norm-referenced test adopted under
    3-7  this section shall report the results to the Central Education
    3-8  Agency in a manner prescribed by the commissioner of education.>
    3-9        <(h)  Not later than the 1994-1995 school year, the Central
   3-10  Education Agency shall adopt end-of-course tests for grades nine
   3-11  through 12 for subjects as defined by the commissioner of education
   3-12  and the State Board of Education.>
   3-13        <(i)>  The Central Education Agency shall notify school
   3-14  districts and campuses of the results of tests <assessment
   3-15  instruments> administered and graded by the agency under Subsection
   3-16  (a) <this section> at the earliest possible date determined by the
   3-17  State Board of Education but not later than the beginning of the
   3-18  subsequent school year.  Each school district that grades a test
   3-19  administered under Subsection (a) shall notify the Central
   3-20  Education Agency of the results of the test not later than the 30th
   3-21  day after the date the test is administered.
   3-22        (g) <(j)>  The provisions of this section are subject to
   3-23  modification by rules adopted under Section 35.022.  Each test
   3-24  <assessment instrument> adopted under those rules must be reliable
   3-25  and valid and must meet federal requirements for measurement of
   3-26  student progress.
   3-27        Sec. 35.024.  Satisfactory Performance.  (a)  The State Board
    4-1  of Education shall determine the level of performance considered to
    4-2  be satisfactory on the tests <assessment instruments>.
    4-3        (b)  Each school district shall offer an intensive program of
    4-4  instruction for students who did not perform satisfactorily on a
    4-5  test <an assessment instrument> administered under this subchapter.
    4-6  The intensive programs shall be designed to enable the students to
    4-7  be performing at grade level at the conclusion of the next regular
    4-8  school term.
    4-9        (c)  The Central Education Agency shall develop and
   4-10  distribute study guides to assist parents in providing assistance
   4-11  during the period that school is recessed for summer to students
   4-12  who do not perform satisfactorily on one or more parts of a test
   4-13  <an assessment instrument> administered under this subchapter.  The
   4-14  commissioner of education shall retain a portion of the total
   4-15  amount of funds allotted under Section 16.152(a) that the
   4-16  commissioner considers appropriate to finance the development and
   4-17  distribution of the study guides and shall reduce each district's
   4-18  allotment proportionately.
   4-19        Sec. 35.025.  SATISFACTORY <EXIT-LEVEL> PERFORMANCE REQUIRED
   4-20  FOR GRADUATION.  <(a)>  A student may not receive a high school
   4-21  diploma until the student has performed satisfactorily on the test
   4-22  under Section 35.023(a) administered to 12th-grade students <the
   4-23  secondary exit-level assessment instruments for reading, writing,
   4-24  and mathematics.  The State Board of Education shall adopt a
   4-25  schedule for the addition of satisfactory performance on secondary
   4-26  exit-level assessment instruments in other subject areas as a
   4-27  requirement for receipt of a high school diploma>.
    5-1        <(b)  Each time a secondary exit-level assessment instrument
    5-2  is administered, a student who has not been given a high school
    5-3  diploma because of a failure to perform satisfactorily on the
    5-4  assessment instrument for that subject area may retake the
    5-5  assessment instrument.>
    5-6        <(c)  A student who has been denied a high school diploma
    5-7  under Subsections (a) and (b) and who subsequently performs
    5-8  satisfactorily on each secondary exit-level assessment instrument
    5-9  shall be issued a high school diploma.>
   5-10        Sec. 35.026.  LOCAL TESTING <OPTION>.  (a)  In addition to
   5-11  the tests <assessment instruments> adopted by the Central Education
   5-12  Agency <and administered by the State Board of Education>, a local
   5-13  school district may adopt and administer criterion-referenced or
   5-14  norm-referenced tests <assessment instruments>, or both, at any
   5-15  grade level.  <A norm-referenced assessment instrument adopted
   5-16  under this section must be economical, nationally recognized, and
   5-17  state-approved.>
   5-18        (b)  This subchapter may not be construed as limiting a
   5-19  school district's ability to administer a test or to collectively
   5-20  measure student performance for the use of the district.
   5-21        SECTION 2.  Sections 35.027(a) and (c), Education Code, are
   5-22  amended to read as follows:
   5-23        (a)  Any student who has a physical or mental impairment or a
   5-24  learning disability that prevents the student from mastering the
   5-25  competencies which the academic skills tests <assessment
   5-26  instruments> are designed to measure may be exempted from the
   5-27  requirements of this subchapter.
    6-1        (c)  The State Board of Education shall adopt rules under
    6-2  which a dyslexic student who is not exempt under this section may
    6-3  utilize procedures including <but not limited to> oral examinations
    6-4  where appropriate and the allowance of additional time and the
    6-5  materials or technology necessary for the student to demonstrate
    6-6  the student's mastery of the competencies the tests <assessment
    6-7  instruments> are designed to measure.
    6-8        SECTION 3.  Section 35.028, Education Code, is amended to
    6-9  read as follows:
   6-10        Sec. 35.028.  Comparison of State Results to National
   6-11  Results.  The state assessment program shall obtain nationally
   6-12  comparative results for the subject areas and grade levels for
   6-13  which criterion-referenced tests <assessment instruments> are
   6-14  adopted under Section 35.023.
   6-15        SECTION 4.  Section 35.029(a), Education Code, is amended to
   6-16  read as follows:
   6-17        (a)  The State Board of Education by rule may provide
   6-18  alternate dates for the administration of the tests <assessments>
   6-19  to a student whose parent or guardian is a migrant worker and who
   6-20  travels with the parent or guardian.  The alternate dates may be
   6-21  chosen following a consideration of migrant work patterns, and the
   6-22  dates selected may afford maximum opportunity for the students to
   6-23  be present when the tests <assessment instruments> are
   6-24  administered.
   6-25        SECTION 5.  Sections 35.030(a) and (b), Education Code, are
   6-26  amended to read as follows:
   6-27        (a)  In adopting academic skills tests <assessment
    7-1  instruments> under this subchapter, the State Board of Education or
    7-2  a local school district shall ensure the security of the
    7-3  <instruments and> tests in their preparation, administration, and
    7-4  grading.  Meetings or portions of meetings held by the State Board
    7-5  of Education or a local school district at which individual tests
    7-6  <assessment instruments> or test <assessment instrument> items are
    7-7  discussed or adopted are not open to the public under Chapter 551,
    7-8  Government Code.  Except as provided by Section 35.023(e), <271,
    7-9  Acts of the 60th Legislature, Regular Session, 1967 (Article
   7-10  6252-17, Vernon's Texas Civil Statutes), and> the tests <assessment
   7-11  instruments> or test <assessment instrument> items are
   7-12  confidential.
   7-13        (b)  The results of individual student performance on
   7-14  academic skills tests <assessment instruments> administered under
   7-15  this subchapter are confidential and may be made available only to
   7-16  the student, the student's parent or guardian, the school personnel
   7-17  directly involved with the student's educational program, and the
   7-18  Central Education Agency as required by this subchapter.  However,
   7-19  overall student performance data shall be aggregated by grade
   7-20  level, subject area, campus, and district and made available to the
   7-21  public, with appropriate interpretations, at regularly scheduled
   7-22  meetings of the governing board of each school district.  The
   7-23  information may not contain the names of individual students or
   7-24  teachers.  The commissioner of education shall compile all of the
   7-25  data and report it to the legislature, lieutenant governor, and
   7-26  governor no later than January 1 of each odd-numbered year.
   7-27        SECTION 6.  Sections 35.031-35.033, Education Code, are
    8-1  amended to read as follows:
    8-2        Sec. 35.031.  COST.  The cost of preparing, administering, or
    8-3  grading the tests <assessment instruments> shall be paid from the
    8-4  compensatory aid provided by Section 16.152, and each district
    8-5  shall bear the cost in the same manner described for a reduction in
    8-6  allotments under Section 16.254.  If a district does not receive an
    8-7  allocation of compensatory aid, the commissioner of education shall
    8-8  subtract the cost from the district's other foundation school fund
    8-9  allocations.
   8-10        Sec. 35.032.  Biennial Reports.  The State Board of Education
   8-11  shall biennially report to the legislature an evaluation of the
   8-12  correlation between student grades and student performance on tests
   8-13  <assessment instruments> administered under this subchapter.  The
   8-14  report may be included with other reports made as required by law.
   8-15        Sec. 35.033.  ACHIEVEMENT TEST <ASSESSMENT INSTRUMENT>
   8-16  STANDARDS; CIVIL PENALTY.  (a)  A company or organization may not
   8-17  distribute to, sell to, or grade for the same school district the
   8-18  same form of an achievement test <assessment instrument> for more
   8-19  than three school years.  A school district may not use the same
   8-20  form of an achievement test <assessment instrument> for more than
   8-21  three years.
   8-22        (b)  A company or organization that grades an achievement
   8-23  test <assessment instrument> shall report the results to the
   8-24  district and to the Central Education Agency by campus and district
   8-25  and in comparison to state and national averages, unless the agency
   8-26  requests a report of the results in another form.
   8-27        (c)  State and national norms of averages shall be computed
    9-1  using data that are not more than two years old at the time the
    9-2  achievement test <assessment instrument> is administered and that
    9-3  are representative of the group of students to whom the achievement
    9-4  test <assessment instrument> is administered.  The standardization
    9-5  norms shall be based on a national probability sample that meets
    9-6  accepted standards for educational and psychological testing and
    9-7  shall be updated at least every two years using proven psychometric
    9-8  procedures approved by the State Board of Education.
    9-9        (d)  A company or organization that reports results using
   9-10  national norms that are not calculated in compliance with
   9-11  Subsection (c) is liable to the state in an amount equal to three
   9-12  times the amount of actual damages.  The actual damages are
   9-13  presumed to be at least equal to the amount charged by the company
   9-14  or organization to a school district for the achievement test
   9-15  <assessment instrument>, including any charge for grading the
   9-16  achievement test <assessment instrument>.  The attorney general, a
   9-17  district attorney, or a county attorney may bring suit to collect
   9-18  the damages on the request of the State Board of Education or on
   9-19  the request of a student or a parent or guardian of a student to
   9-20  whom the achievement test <assessment instrument> was administered.
   9-21        (e)  The State Board of Education shall adopt rules for the
   9-22  implementation of this section and for the maintenance of the
   9-23  security of the contents of all achievement tests <assessment
   9-24  instruments>.
   9-25        (f)  This <In this> section applies only to<, "assessment
   9-26  instrument" means> a group-administered achievement test.
   9-27        SECTION 7.  Section 11.271(g), Education Code, is amended to
   10-1  read as follows:
   10-2        (g)  Seventy percent of the funds disbursed under this
   10-3  section must be for projects designed to improve the academic
   10-4  achievement of low-performing students.  Priority shall be given to
   10-5  projects submitted by campuses that have 60 percent or fewer
   10-6  students who perform satisfactorily on the tests
   10-7  <criterion-referenced assessment instrument> required under Section
   10-8  35.023(a) <Section 21.551> of this code or that are otherwise
   10-9  low-performing campuses as defined by rule of the State Board of
  10-10  Education.
  10-11        SECTION 8.  Sections 21.557(a) and (f), Education Code, are
  10-12  amended to read as follows:
  10-13        (a)  Each school district shall utilize the student
  10-14  performance data resulting from the <basic skills assessment
  10-15  instruments and achievement> tests administered pursuant to
  10-16  Subchapter B, Chapter 35, <this subchapter> to design and implement
  10-17  appropriate compensatory or remedial instructional services for
  10-18  students in the district's schools.
  10-19        (f)  For the purposes of this section, "student at risk of
  10-20  dropping out of school" includes:
  10-21              (1)  each student in grade levels seven through 12 who
  10-22  is under 21 years of age and who:
  10-23                    (A)  was not advanced from one grade level to the
  10-24  next two or more school years;
  10-25                    (B)  has mathematics or reading skills that are
  10-26  two or more years below grade level;
  10-27                    (C)  did not maintain an average equivalent to 70
   11-1  on a scale of 100 in two or more courses during a semester, or is
   11-2  not maintaining such an average in two or more courses in the
   11-3  current semester, and is not expected to graduate within four years
   11-4  of the date the student begins ninth grade;
   11-5                    (D)  did not perform satisfactorily on a test <an
   11-6  assessment instrument> administered under Subchapter B, Chapter 35;
   11-7  or
   11-8                    (E)  is a student who is pregnant or who is a
   11-9  parent;
  11-10              (2)  each student in prekindergarten through grade
  11-11  level six who:
  11-12                    (A)  did not perform satisfactorily on a
  11-13  readiness test <or assessment instrument> administered at the
  11-14  beginning of the school year;
  11-15                    (B)  did not perform satisfactorily on a test <an
  11-16  assessment instrument> administered under Subchapter B, Chapter 35;
  11-17                    (C)  is a student of limited English proficiency,
  11-18  as defined by Section 21.452 of this code;
  11-19                    (D)  is sexually, physically, or psychologically
  11-20  abused;
  11-21                    (E)  engages in conduct described by Section
  11-22  51.03(a), Family Code; or
  11-23                    (F)  is otherwise identified as at risk under
  11-24  rules adopted by the State Board of Education; and
  11-25              (3)  each nonhandicapped student who resides in a
  11-26  residential placement facility in a district in which the student's
  11-27  parent or legal guardian does not reside, including a detention
   12-1  facility, substance abuse treatment facility, emergency shelter,
   12-2  psychiatric hospital, halfway house, or foster family group home.
   12-3        SECTION 9.  Section 21.721(b), Education Code, is amended to
   12-4  read as follows:
   12-5        (b)  Each school district may adopt a policy for making the
   12-6  decision to advance a student from one grade level to the next on
   12-7  the basis of multiple criteria.  The policy must include
   12-8  consideration of:
   12-9              (1)  whether the student's grade average for the school
  12-10  year is equivalent to at least 70 on a scale of 100;
  12-11              (2)  the student's grades in each subject;
  12-12              (3)  the student's performance on tests <criterion
  12-13  referenced or norm-referenced assessment instruments> administered
  12-14  under Section 35.023 <21.551> of this code;
  12-15              (4)  extenuating circumstances that may have
  12-16  contributed to the student's performance during any period during
  12-17  which, or on any examination on which, the student's performance
  12-18  was inconsistent with the student's overall performance;
  12-19              (5)  the opinion of the student's parents and teachers
  12-20  regarding grade level advancement of the student; and
  12-21              (6)  any other factors the district considers
  12-22  important.
  12-23        SECTION 10.  Section 35.022(b), Education Code, is amended to
  12-24  read as follows:
  12-25        (b)  Before adopting rules under this section, the State
  12-26  Board of Education shall consider the comments of the standing
  12-27  committees of the senate and house of representatives having
   13-1  primary jurisdiction over the public school system <Legislative
   13-2  Education Board> as required under Section 11.24.
   13-3        SECTION 11.  Section 35.041(b), Education Code, is amended to
   13-4  read as follows:
   13-5        (b)  Performance on the indicators adopted under this section
   13-6  shall be compared to state-established standards.  The degree of
   13-7  change from one school year to the next in performance on each
   13-8  indicator adopted under this section shall also be considered.  The
   13-9  indicators must be based on information that is disaggregated with
  13-10  respect to race and<, ethnicity,> gender<, and socioeconomic
  13-11  status> and must include:
  13-12              (1)  the results of tests <assessment instruments>
  13-13  administered <required> under Section 35.023(a) to students in
  13-14  grades four and eight <Subchapter B> aggregated by grade level and
  13-15  subject area;
  13-16              (2)  dropout rates;
  13-17              (3)  student attendance rates; and
  13-18              (4)  <high school end-of-course examinations adopted by
  13-19  the State Board of Education;>
  13-20              <(5)  the percentage of graduating students who attain
  13-21  scores on the secondary exit-level assessment instruments required
  13-22  under Subchapter B  that are equivalent to a passing score on the
  13-23  test instrument required under Section 51.306;>
  13-24              <(6)>  the percentage of graduating students who take
  13-25  <meet the course requirements established by the State Board of
  13-26  Education for career or college preparation program designations
  13-27  when available;>
   14-1              <(7)  the results of> the Scholastic Assessment Test
   14-2  (SAT) or <and> the American College Test, and the average score
   14-3  attained by those students, aggregated by race and gender<; and>
   14-4              <(8)  any other indicator the State Board of Education
   14-5  adopts>.
   14-6        SECTION 12.  Section 35.043(b), Education Code, is amended to
   14-7  read as follows:
   14-8        (b)  The report card shall include the following information
   14-9  where applicable:
  14-10              (1)  student performance on state adopted tests
  14-11  <assessment instruments>;
  14-12              (2)  attendance;
  14-13              (3)  dropout rate;
  14-14              (4)  student performance on college admissions tests;
  14-15              (5)  student/teacher ratios; and
  14-16              (6)  administrative and instructional costs per
  14-17  student.
  14-18        SECTION 13.  Section 35.065(a), Education Code, is amended to
  14-19  read as follows:
  14-20        (a)  The commissioner of education shall authorize special
  14-21  accreditation investigations to be conducted under the following
  14-22  circumstances:
  14-23              (1)  when excessive numbers of absences of students
  14-24  eligible to be tested on state adopted tests <assessment
  14-25  instruments> are determined;
  14-26              (2)  when excessive numbers of allowable exemptions
  14-27  from the required state assessment are determined;
   15-1              (3)  in response to complaints submitted to the Central
   15-2  Education Agency with respect to any of the following:
   15-3                    (A)  alleged violations of civil rights or other
   15-4  requirements imposed on the state by federal law or court order; or
   15-5                    (B)  alleged violations of the accreditation
   15-6  criteria related to effective governance operations; or
   15-7              (4)  in response to established compliance reviews of
   15-8  the district's financial accounting practices and state and federal
   15-9  program requirements.
  15-10        SECTION 14.  Section 21.557(b), Education Code, is repealed.
  15-11        SECTION 15.  This Act applies beginning with the 1995-1996
  15-12  school year.
  15-13        SECTION 16.  The importance of this legislation and the
  15-14  crowded condition of the calendars in both houses create an
  15-15  emergency and an imperative public necessity that the
  15-16  constitutional rule requiring bills to be read on three several
  15-17  days in each house be suspended, and this rule is hereby suspended,
  15-18  and that this Act take effect and be in force from and after its
  15-19  passage, and it is so enacted.