By Hochberg                                           H.B. No. 1800

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to state-administered assessment instruments for students

 1-3     in special education programs.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 39.023, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 39.023.  ADOPTION AND ADMINISTRATION OF INSTRUMENTS.

 1-8     (a)  The agency shall adopt appropriate criterion-referenced

 1-9     assessment instruments designed to assess competencies in reading,

1-10     writing, mathematics, social studies, and science.  All [nonexempt]

1-11     students, except students assessed under Subsection (b) or exempted

1-12     under Section 39.027, shall be assessed in:

1-13                 (1)  reading and mathematics, annually in grades three

1-14     through eight;

1-15                 (2)  writing, in grades four and eight;  and

1-16                 (3)  social studies and science, at an appropriate

1-17     grade level determined by the State Board of Education.

1-18           (b)  The agency shall develop or adopt appropriate

1-19     criterion-referenced assessment instruments to be administered to

1-20     each student in a special education program under Subchapter A,

1-21     Chapter 29, who receives instruction in the essential knowledge and

1-22     skills identified under Section 28.002 but for whom the assessment

1-23     instruments adopted under Subsection (a), even with allowable

1-24     modifications, would not provide an appropriate measure of student

 2-1     achievement, as determined by the student's admission, review, and

 2-2     dismissal committee.  The assessment instruments required under

 2-3     this subsection must assess competencies and growth in reading,

 2-4     mathematics, and writing.  A student's admission, review, and

 2-5     dismissal committee shall determine whether any allowable

 2-6     modification is necessary in administering to the student an

 2-7     assessment instrument required under this subsection.  The

 2-8     assessment instruments required under this subsection shall be

 2-9     administered on the same schedule as the assessment instruments

2-10     administered under Subsection (a).

2-11           (c)  The agency shall also adopt secondary exit-level

2-12     assessment instruments designed to  assess competencies in

2-13     mathematics and English language arts.  The English language arts

2-14     section must include the assessment of writing competencies.  If a

2-15     student is in a special education program under Subchapter A,

2-16     Chapter 29, the student's admission, review, and dismissal

2-17     committee shall determine whether any allowable modification is

2-18     necessary in administering to the student an assessment instrument

2-19     required under this subsection or whether the student should be

2-20     exempted under Section 39.027(a)(2).  The State Board of Education

2-21     shall administer the assessment instruments.  The State Board of

2-22     Education shall adopt a schedule for the administration of

2-23     secondary exit-level assessment instruments.  Each student who did

2-24     not perform satisfactorily on any secondary exit-level assessment

2-25     instrument when initially tested shall be given multiple

2-26     opportunities to retake that assessment instrument.

2-27           (d) [(c)]  The agency shall adopt end-of-course assessment

 3-1     instruments for students in secondary grades who have completed

 3-2     Algebra I, Biology I, English II, and United States history.  If a

 3-3     student is in a special education program under Subchapter A,

 3-4     Chapter 29, the student's admission, review, and dismissal

 3-5     committee shall determine whether any allowable modification is

 3-6     necessary in administering to the student an assessment instrument

 3-7     required under this subsection or whether the student should be

 3-8     exempted under Section 39.027(a)(2).

 3-9           (e) [(d)]  Under rules adopted by the State Board of

3-10     Education, the agency shall release the questions and answer keys

3-11     to each assessment  instrument administered under Subsection (a),

3-12     (b), [or] (c), or (d) after the last time the instrument is

3-13     administered for a school year.  To ensure a valid bank of

3-14     questions for use each year, the agency is not required to release

3-15     a question that is being field-tested and was not used to compute

3-16     the student's score on the instrument.  The agency shall also

3-17     release, under board rule, each question that is no longer being

3-18     field-tested and that was not used to compute a student's score.

3-19           (f) [(e)]  The assessment instruments shall be designed to

3-20     include assessment of a student's problem-solving ability and

3-21     complex-thinking skills using a method of assessing those abilities

3-22     and skills that is demonstrated to be highly reliable.

3-23           (g) [(f)]  The State Board of Education may adopt one

3-24     appropriate, nationally recognized, norm-referenced assessment

3-25     instrument in reading and mathematics to be administered to a

3-26     selected sample of students in the spring.  If adopted, a

3-27     norm-referenced assessment instrument must be a secured test.  The

 4-1     state may pay the costs of purchasing and scoring the adopted

 4-2     assessment instrument and of distributing the results of the

 4-3     adopted instrument to the school districts.  A district that

 4-4     administers the norm-referenced test adopted under this subsection

 4-5     [section] shall report the results to the agency in a manner

 4-6     prescribed by the commissioner.

 4-7           (h) [(g)]  The agency shall notify school districts and

 4-8     campuses of the results of assessment instruments administered

 4-9     under this section at the earliest possible date determined by the

4-10     State Board of Education but not later than the beginning of the

4-11     subsequent school year.

4-12           (i) [(h)]  The provisions of this section are subject to

4-13     modification by rules adopted under Section 39.022.  Each

4-14     assessment instrument adopted under those rules must be reliable

4-15     and valid and must meet any applicable federal requirements for

4-16     measurement of student progress.

4-17           (j) [(i)]  The [Beginning with the 1995-1996 school year,

4-18     the] State Board of Education shall administer the end-of-course

4-19     assessment instruments under Subsection (d) [(c)] in Algebra I and

4-20     Biology I.  Not later than the 1998-1999 school year, the State

4-21     Board of Education shall administer the end-of-course assessment

4-22     instruments under Subsection (d) [(c)] in English II and United

4-23     States history.  This subsection expires September 1, 2001.

4-24           (k)  Notwithstanding Subsection (e), the agency shall

4-25     initially release under Subsection (e) the questions and answer

4-26     keys to each assessment instrument administered under Subsection

4-27     (b) during the third school year in which the instrument is

 5-1     administered after the last time the instrument is administered for

 5-2     that school year.  This subsection expires September 1, 2004.

 5-3           SECTION 2.  Section 39.024, Education Code, is amended to

 5-4     read as follows:

 5-5           Sec. 39.024.  SATISFACTORY PERFORMANCE.  (a)  Except as

 5-6     otherwise provided by this subsection, the [The] State Board of

 5-7     Education shall determine the level of performance considered to be

 5-8     satisfactory on the assessment instruments.  The  admission,

 5-9     review, and dismissal committee of a student being assessed under

5-10     Section 39.023(b) shall determine the level of performance

5-11     considered to be satisfactory on the assessment instruments

5-12     administered to that student in accordance with criteria

5-13     established by agency rule.

5-14           (b)  Each school district shall offer an intensive program of

5-15     instruction for students who did not perform satisfactorily on an

5-16     assessment instrument administered under this subchapter.  The

5-17     intensive programs for students who did not perform satisfactorily

5-18     on an assessment instrument under Section 39.023(a) or (c) shall be

5-19     designed to enable the students to be performing at grade level at

5-20     the conclusion of the next regular school term.  The intensive

5-21     programs for students who did not perform satisfactorily on an

5-22     assessment instrument under Section 39.023(b) shall be designed by

5-23     each student's admission, review, and dismissal committee to enable

5-24     the student to attain a standard of annual growth on the basis of

5-25     the student's individualized education program.

5-26           (c)  The agency shall develop [and distribute] study guides

5-27     for the assessment instruments administered under Sections

 6-1     39.023(a) and (c).  To [to] assist parents in providing assistance

 6-2     during the period that school is recessed for summer, each school

 6-3     district shall distribute the study guides to parents of [to]

 6-4     students who do not perform satisfactorily on one or more parts of

 6-5     an assessment instrument administered under this subchapter.  The

 6-6     commissioner shall retain a  portion of the total amount of funds

 6-7     allotted under Section 42.152(a) that the commissioner considers

 6-8     appropriate to finance the development and distribution of the

 6-9     study guides and shall reduce each district's allotment

6-10     proportionately.

6-11           SECTION 3.  Section 39.025(a), Education Code, is amended to

6-12     read as follows:

6-13           (a)  A student may not receive a high school diploma until

6-14     the student has performed satisfactorily on the secondary

6-15     exit-level assessment instruments for English language arts and

6-16     mathematics administered under Section 39.023(c) [39.023(b)] or on:

6-17                 (1)  the end-of-course assessment instruments adopted

6-18     under Section 39.023(d) [39.023(c)] in Algebra I and English II;

6-19     and

6-20                 (2)  the end-of-course assessment instrument adopted

6-21     under Section 39.023(d) [39.023(c)] in either Biology I or United

6-22     States history.

6-23           SECTION 4.  Section 39.027, Education Code, is amended by

6-24     amending Subsections (a) and (c) and adding Subsections (d) and (e)

6-25     to read as follows:

6-26           (a)  A [Except as provided by Subsection (c), a] student may

6-27     be exempted from the administration of an assessment instrument

 7-1     under:

 7-2                 (1)  Section 39.023(a) or (b) [requirements of this

 7-3     subchapter] if the student[:]

 7-4                 [(1)]  is eligible for a special education program

 7-5     under Section 29.003 and[, unless] the student's individualized

 7-6     education program does not include instruction in the essential

 7-7     knowledge and  skills under Section 28.002 at any grade level

 7-8     [permit the exemption];

 7-9                 (2)  Section 39.023(c) or (d) if the student is

7-10     eligible for a special education program under Section 29.003 and:

7-11                       (A)  the student's individualized education

7-12     program does not include instruction in the essential knowledge and

7-13     skills under Section 28.002 at any grade level; or

7-14                       (B)  the assessment instrument, even with

7-15     allowable modifications, would not provide an appropriate measure

7-16     of the student's achievement as determined by the student's

7-17     admission, review, and dismissal committee; or

7-18                 (3)  Section 39.023 if the student [(2)]  is of limited

7-19     English proficiency, as defined by Section 29.052.

7-20           (c)  The commissioner shall develop and adopt a process for

7-21     reviewing the exemption process of a school district or shared

7-22     services arrangement that gives an exemption under Subsection

7-23     (a)(1) as follows:

7-24                 (1)  to more than five percent of the students in the

7-25     special education program, in the case of a district or shared

7-26     services arrangement with an average daily attendance of at least

7-27     1,600;

 8-1                 (2)  to more than 10 percent of the students in the

 8-2     special education program, in the case of a district or shared

 8-3     services arrangement with an average daily attendance of at least

 8-4     190 and not more than 1,599; or

 8-5                 (3)  to the greater of more than 10 percent of the

 8-6     students in the special education program or to at least five

 8-7     students in the special education program, in the case of a

 8-8     district or shared services arrangement with an average daily

 8-9     attendance of not more than 189.

8-10           (d)  Notwithstanding Subsection (a), in any year preceding

8-11     the adoption and administration of assessment instruments under

8-12     Section 39.023(b), a student who is eligible for a special

8-13     education program under Section 29.003 may be exempted from the

8-14     administration of an assessment instrument under Section 39.023(a)

8-15     if the assessment instrument, even with allowable modifications,

8-16     would not provide an appropriate measure of the student's

8-17     achievement as determined by the student's admission, review, and

8-18     dismissal committee.  This subsection expires September 1, 2000.

8-19           (e)  In this section, "average daily attendance" is computed

8-20     in the manner provided by Section 42.005.  [Not later than December

8-21     1, 1996, the commissioner shall develop and propose to the

8-22     legislature an assessment system for evaluating the progress of

8-23     students exempted under Subsection (a).  Not later than the

8-24     1998-1999 school year, the performance of those students under an

8-25     assessment system must be included in the academic excellence

8-26     indicator system under Section 39.051, the campus report card under

8-27     Section 39.052, and the performance report under Section 39.053.

 9-1     This subsection expires September 1, 1999.]

 9-2           SECTION 5.  Section 39.031(b), Education Code, is amended to

 9-3     read as follows:

 9-4           (b)  The cost of releasing the question and answer keys under

 9-5     Section 39.023(e) [39.023(d)] shall be paid from amounts

 9-6     appropriated to the agency.

 9-7           SECTION 6.  Section 39.051, Education Code, is amended by

 9-8     amending Subsection (b) and adding Subsection (f) to read as

 9-9     follows:

9-10           (b)  Performance on the indicators adopted under this section

9-11     shall be compared to state-established standards.  The degree of

9-12     change from one school year to the next in performance on each

9-13     indicator adopted under this section shall also be considered.  The

9-14     indicators must be based on information that is disaggregated with

9-15     respect to race, ethnicity, sex, and socioeconomic status and must

9-16     include:

9-17                 (1)  the results of assessment instruments required

9-18     under Sections 39.023(a) and (c), [Subchapter B] aggregated by

9-19     grade level and subject area;

9-20                 (2)  dropout rates;

9-21                 (3)  student attendance rates;

9-22                 (4)  the percentage of graduating students who attain

9-23     scores on the secondary exit-level assessment instruments required

9-24     under Subchapter B that are equivalent to a passing score on the

9-25     test instrument required under Section 51.306;

9-26                 (5)  the percentage of graduating students who meet the

9-27     course requirements established for the recommended high school

 10-1    program by State Board of Education rule;

 10-2                (6)  the results of the Scholastic Assessment Test

 10-3    (SAT) and the American College Test;

 10-4                (7)  the percentage of students taking end-of-course

 10-5    assessment instruments adopted under Section 39.023(d) [39.023(c)];

 10-6                (8)  the percentage of students exempted, by exemption

 10-7    category, from the assessment program generally applicable under

 10-8    this subchapter;  and

 10-9                (9)  any other indicator the State Board of Education

10-10    adopts.

10-11          (f)  Beginning with the 2002-2003 school year, the indicator

10-12    under Subsection (b)(1) must include the results of assessment

10-13    instruments required under Section 39.023(b).  Those results may

10-14    not be aggregated by grade level or subject area.

10-15          SECTION 7.  Section 26.005, Education Code, is amended to

10-16    read as follows:

10-17          Sec. 26.005.  ACCESS TO STATE ASSESSMENTS.  Except as

10-18    provided by Section 39.023(e) [39.023(d)], a parent is entitled to

10-19    access to a copy of each state assessment instrument administered

10-20    under Section 39.023 [39.023(a), (b), or (c)] to the parent's

10-21    child.

10-22          SECTION 8.  Section 28.025(a), Education Code, is amended to

10-23    read as follows:

10-24          (a)  The State Board of Education by rule shall determine

10-25    curriculum requirements for the minimum, recommended, and advanced

10-26    high school programs that are consistent with the required

10-27    curriculum under Section 28.002.  A student may graduate and

 11-1    receive a diploma only if the student successfully completes:

 11-2                (1)  the curriculum requirements identified by the

 11-3    board and the exit-level assessment instrument administered under

 11-4    Section 39.023(c) [39.023(b)] or each end-of-course assessment

 11-5    instrument required to be adopted under Section 39.023(d)

 11-6    [39.023(c)]; or

 11-7                (2)  an individualized education program developed

 11-8    under Section 29.005.

 11-9          SECTION 9.  Section 29.202, Education Code, is amended to

11-10    read as follows:

11-11          Sec. 29.202.  Eligibility.  A student is eligible to receive

11-12    a public education grant under this subchapter if the student is

11-13    assigned to attend a public school campus:

11-14                (1)  at which 50 percent or more of the students did

11-15    not perform satisfactorily on an assessment instrument administered

11-16    under Section 39.023(a) or (c) [(b)] in the preceding three years;

11-17    or

11-18                (2)  that was, at any time in the preceding three

11-19    years, identified as low-performing by the commissioner under

11-20    Subchapter D, Chapter 39.

11-21          SECTION 10.  Section 7.055(a)(33), Education Code, is

11-22    repealed.

11-23          SECTION 11.  (a)  The Texas Education Agency shall begin

11-24    developing or adopting assessment instruments as required by

11-25    Section 39.023(b), Education Code, as amended by this Act, not

11-26    later than September 1, 1997.  The agency shall field-test the

11-27    assessment instruments before the 2000-2001 school year.  The

 12-1    agency shall adopt and the State Board of Education shall

 12-2    administer the assessment instruments not later than the 2000-2001

 12-3    school year.  The agency shall report the results of the assessment

 12-4    instruments beginning with the results for the 2000-2001 school

 12-5    year.

 12-6          (b)  The commissioner of education shall initiate the process

 12-7    for reviewing the exemption process of school districts as required

 12-8    under Section 39.027(c), Education Code, as amended by this Act,

 12-9    beginning with the first school year that assessment instruments

12-10    are administered under Section 39.023(b).

12-11          SECTION 12.  The importance of this legislation and the

12-12    crowded condition of the calendars in both houses create an

12-13    emergency and an imperative public necessity that the

12-14    constitutional rule requiring bills to be read on three several

12-15    days in each house be suspended, and this rule is hereby suspended,

12-16    and that this Act take effect and be in force from and after its

12-17    passage, and it is so enacted.