75R12508 CAS-F
By Hochberg H.B. No. 1800
Substitute the following for H.B. No. 1800:
By Hochberg C.S.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 SECTION 2. Section 39.024, Education Code, is amended to
4-25 read as follows:
4-26 Sec. 39.024. SATISFACTORY PERFORMANCE. (a) Except as
4-27 otherwise provided by this subsection, the [The] State Board of
5-1 Education shall determine the level of performance considered to be
5-2 satisfactory on the assessment instruments. The admission,
5-3 review, and dismissal committee of a student being assessed under
5-4 Section 39.023(b) shall determine the level of performance
5-5 considered to be satisfactory on the assessment instruments
5-6 administered to that student in accordance with criteria
5-7 established by agency rule.
5-8 (b) Each school district shall offer an intensive program of
5-9 instruction for students who did not perform satisfactorily on an
5-10 assessment instrument administered under this subchapter. The
5-11 intensive programs for students who did not perform satisfactorily
5-12 on an assessment instrument under Section 39.023(a) or (c) shall be
5-13 designed to enable the students to be performing at grade level at
5-14 the conclusion of the next regular school term. The intensive
5-15 programs for students who did not perform satisfactorily on an
5-16 assessment instrument under Section 39.023(b) shall be designed by
5-17 each student's admission, review, and dismissal committee to enable
5-18 the student to attain a standard of annual growth on the basis of
5-19 the student's individualized education program.
5-20 (c) The agency shall develop [and distribute] study guides
5-21 for the assessment instruments administered under Sections
5-22 39.023(a) and (c). To [to] assist parents in providing assistance
5-23 during the period that school is recessed for summer, each school
5-24 district shall distribute the study guides to parents of [to]
5-25 students who do not perform satisfactorily on one or more parts of
5-26 an assessment instrument administered under this subchapter. The
5-27 commissioner shall retain a portion of the total amount of funds
6-1 allotted under Section 42.152(a) that the commissioner considers
6-2 appropriate to finance the development and distribution of the
6-3 study guides and shall reduce each district's allotment
6-4 proportionately.
6-5 SECTION 3. Section 39.025(a), Education Code, is amended to
6-6 read as follows:
6-7 (a) A student may not receive a high school diploma until
6-8 the student has performed satisfactorily on the secondary
6-9 exit-level assessment instruments for English language arts and
6-10 mathematics administered under Section 39.023(c) [39.023(b)] or on:
6-11 (1) the end-of-course assessment instruments adopted
6-12 under Section 39.023(d) [39.023(c)] in Algebra I and English II;
6-13 and
6-14 (2) the end-of-course assessment instrument adopted
6-15 under Section 39.023(d) [39.023(c)] in either Biology I or United
6-16 States history.
6-17 SECTION 4. Section 39.027, Education Code, is amended by
6-18 amending Subsections (a) and (c) and adding Subsection (d) to read
6-19 as follows:
6-20 (a) A [Except as provided by Subsection (c), a] student may
6-21 be exempted from the administration of an assessment instrument
6-22 under:
6-23 (1) Section 39.023(a) or (b) [requirements of this
6-24 subchapter] if the student[:]
6-25 [(1)] is eligible for a special education program
6-26 under Section 29.003 and[, unless] the student's individualized
6-27 education program does not include instruction in the essential
7-1 knowledge and skills under Section 28.002 at any grade level
7-2 [permit the exemption];
7-3 (2) Section 39.023(c) or (d) if the student is
7-4 eligible for a special education program under Section 29.003 and:
7-5 (A) the student's individualized education
7-6 program does not include instruction in the essential knowledge and
7-7 skills under Section 28.002 at any grade level; or
7-8 (B) the assessment instrument, even with
7-9 allowable modifications, would not provide an appropriate measure
7-10 of the student's achievement as determined by the student's
7-11 admission, review, and dismissal committee; or
7-12 (3) Section 39.023 if the student [(2)] is of limited
7-13 English proficiency, as defined by Section 29.052.
7-14 (c) The commissioner shall develop and adopt a process for
7-15 reviewing the exemption process of any school district that gives
7-16 an exemption under Subsection (a)(1) to more than five percent of
7-17 the students in the district's special education program.
7-18 (d) Notwithstanding Subsection (a), in any year preceding
7-19 the adoption and administration of assessment instruments under
7-20 Section 39.023(b), a student who is eligible for a special
7-21 education program under Section 29.003 may be exempted from the
7-22 administration of an assessment instrument under Section 39.023(a)
7-23 if the assessment instrument, even with allowable modifications,
7-24 would not provide an appropriate measure of the student's
7-25 achievement as determined by the student's admission, review, and
7-26 dismissal committee. This subsection expires September 1, 2000.
7-27 [Not later than December 1, 1996, the commissioner shall develop
8-1 and propose to the legislature an assessment system for evaluating
8-2 the progress of students exempted under Subsection (a). Not later
8-3 than the 1998-1999 school year, the performance of those students
8-4 under an assessment system must be included in the academic
8-5 excellence indicator system under Section 39.051, the campus report
8-6 card under Section 39.052, and the performance report under Section
8-7 39.053. This subsection expires September 1, 1999.]
8-8 SECTION 5. Section 39.031(b), Education Code, is amended to
8-9 read as follows:
8-10 (b) The cost of releasing the question and answer keys under
8-11 Section 39.023(e) [39.023(d)] shall be paid from amounts
8-12 appropriated to the agency.
8-13 SECTION 6. Section 39.051, Education Code, is amended by
8-14 amending Subsection (b) and adding Subsection (f) to read as
8-15 follows:
8-16 (b) Performance on the indicators adopted under this section
8-17 shall be compared to state-established standards. The degree of
8-18 change from one school year to the next in performance on each
8-19 indicator adopted under this section shall also be considered. The
8-20 indicators must be based on information that is disaggregated with
8-21 respect to race, ethnicity, sex, and socioeconomic status and must
8-22 include:
8-23 (1) the results of assessment instruments required
8-24 under Sections 39.023(a) and (c), [Subchapter B] aggregated by
8-25 grade level and subject area;
8-26 (2) dropout rates;
8-27 (3) student attendance rates;
9-1 (4) the percentage of graduating students who attain
9-2 scores on the secondary exit-level assessment instruments required
9-3 under Subchapter B that are equivalent to a passing score on the
9-4 test instrument required under Section 51.306;
9-5 (5) the percentage of graduating students who meet the
9-6 course requirements established for the recommended high school
9-7 program by State Board of Education rule;
9-8 (6) the results of the Scholastic Assessment Test
9-9 (SAT) and the American College Test;
9-10 (7) the percentage of students taking end-of-course
9-11 assessment instruments adopted under Section 39.023(d) [39.023(c)];
9-12 (8) the percentage of students exempted, by exemption
9-13 category, from the assessment program generally applicable under
9-14 this subchapter; and
9-15 (9) any other indicator the State Board of Education
9-16 adopts.
9-17 (f) Beginning with the 2002-2003 school year, the indicator
9-18 under Subsection (b)(1) must include the results of assessment
9-19 instruments required under Section 39.023(b). Those results may
9-20 not be aggregated by grade level or subject area.
9-21 SECTION 7. Section 26.005, Education Code, is amended to
9-22 read as follows:
9-23 Sec. 26.005. ACCESS TO STATE ASSESSMENTS. Except as
9-24 provided by Section 39.023(e) [39.023(d)], a parent is entitled to
9-25 access to a copy of each state assessment instrument administered
9-26 under Section 39.023 [39.023(a), (b), or (c)] to the parent's
9-27 child.
10-1 SECTION 8. Section 28.025(a), Education Code, is amended to
10-2 read as follows:
10-3 (a) The State Board of Education by rule shall determine
10-4 curriculum requirements for the minimum, recommended, and advanced
10-5 high school programs that are consistent with the required
10-6 curriculum under Section 28.002. A student may graduate and
10-7 receive a diploma only if the student successfully completes:
10-8 (1) the curriculum requirements identified by the
10-9 board and the exit-level assessment instrument administered under
10-10 Section 39.023(c) [39.023(b)] or each end-of-course assessment
10-11 instrument required to be adopted under Section 39.023(d)
10-12 [39.023(c)]; or
10-13 (2) an individualized education program developed
10-14 under Section 29.005.
10-15 SECTION 9. Section 29.202, Education Code, is amended to
10-16 read as follows:
10-17 Sec. 29.202. Eligibility. A student is eligible to receive
10-18 a public education grant under this subchapter if the student is
10-19 assigned to attend a public school campus:
10-20 (1) at which 50 percent or more of the students did
10-21 not perform satisfactorily on an assessment instrument administered
10-22 under Section 39.023(a) or (c) [(b)] in the preceding three years;
10-23 or
10-24 (2) that was, at any time in the preceding three
10-25 years, identified as low-performing by the commissioner under
10-26 Subchapter D, Chapter 39.
10-27 SECTION 10. Section 7.055(a)(33), Education Code, is
11-1 repealed.
11-2 SECTION 11. (a) The Texas Education Agency shall begin
11-3 developing or adopting assessment instruments as required by
11-4 Section 39.023(b), Education Code, as amended by this Act, not
11-5 later than September 1, 1997. The agency shall field-test the
11-6 assessment instruments before the 2000-2001 school year. The
11-7 agency shall adopt and the State Board of Education shall
11-8 administer the assessment instruments not later than the 2000-2001
11-9 school year. The agency shall report the results of the assessment
11-10 instruments beginning with the results for the 2000-2001 school
11-11 year.
11-12 (b) The commissioner of education shall initiate the process
11-13 for reviewing the exemption process of school districts as required
11-14 under Section 39.027(c), Education Code, as amended by this Act,
11-15 beginning with the first school year that assessment instruments
11-16 are administered under Section 39.023(b).
11-17 SECTION 12. The importance of this legislation and the
11-18 crowded condition of the calendars in both houses create an
11-19 emergency and an imperative public necessity that the
11-20 constitutional rule requiring bills to be read on three several
11-21 days in each house be suspended, and this rule is hereby suspended,
11-22 and that this Act take effect and be in force from and after its
11-23 passage, and it is so enacted.