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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1800 was passed by the House on May
16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1800 was passed by the Senate on May
21, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor