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.