By Hochberg                                     H.B. No. 1800

      75R6783 CAS-F                           

                                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 be based on the assessment instruments adopted

 2-4     under Subsection (a) and must assess student performance and growth

 2-5     in reading, mathematics, and writing.  A student's admission,

 2-6     review, and dismissal committee shall determine whether any

 2-7     modification is necessary in administering an assessment instrument

 2-8     to a student.  The assessment instruments required under this

 2-9     subsection shall be  administered on the same schedule as the

2-10     assessment instruments administered under Subsection (a).

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

2-12     assessment instruments for students assessed under Subsection (a)

2-13     designed to  assess competencies in mathematics and English

2-14     language arts.  The English language arts section must include the

2-15     assessment of writing competencies.  The State Board of Education

2-16     shall administer the assessment instruments.  The State Board of

2-17     Education shall adopt a schedule for the administration of

2-18     secondary exit-level assessment instruments.  Each student who did

2-19     not perform satisfactorily on any secondary exit-level assessment

2-20     instrument when initially tested shall be given multiple

2-21     opportunities to retake that assessment instrument.

2-22           (d) [(c)]  The agency shall adopt end-of-course assessment

2-23     instruments for students in secondary grades who have completed

2-24     Algebra I, Biology I, English II, and United States history.

2-25           (e) [(d)]  Under rules adopted by the State Board of

2-26     Education, the agency shall release the questions and answer keys

2-27     to each assessment  instrument administered under Subsection (a),

 3-1     (b), [or] (c), or (d) after the last time the instrument is

 3-2     administered for a school year.  To ensure a valid bank of

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

 3-4     a question that is being field-tested and was not used to compute

 3-5     the student's score on the instrument.  The agency shall also

 3-6     release, under board rule, each question that is no longer being

 3-7     field-tested and that was not used to compute a student's score.

 3-8           (f) [(e)]  The assessment instruments shall be designed to

 3-9     include assessment of a student's problem-solving ability and

3-10     complex-thinking skills using a method of assessing those abilities

3-11     and skills that is demonstrated to be highly reliable.

3-12           (g) [(f)]  The State Board of Education may adopt one

3-13     appropriate, nationally recognized, norm-referenced assessment

3-14     instrument in reading and mathematics to be administered to a

3-15     selected sample of students in the spring.  If adopted, a

3-16     norm-referenced assessment instrument must be a secured test.  The

3-17     state may pay the costs of purchasing and scoring the adopted

3-18     assessment instrument and of distributing the results of the

3-19     adopted instrument to the school districts.  A district that

3-20     administers the norm-referenced test adopted under this section

3-21     shall report the results to the agency in a manner prescribed by

3-22     the commissioner.

3-23           (h) [(g)]  The agency shall notify school districts and

3-24     campuses of the results of assessment instruments administered

3-25     under this section at the earliest possible date determined by the

3-26     State Board of Education but not later than the beginning of the

3-27     subsequent school year.

 4-1           (i) [(h)]  The provisions of this section are subject to

 4-2     modification by rules adopted under Section 39.022.  Each

 4-3     assessment instrument adopted under those rules must be reliable

 4-4     and valid and must meet federal requirements for measurement of

 4-5     student progress.

 4-6           (j) [(i)]  The [Beginning with the 1995-1996 school year,

 4-7     the] State Board of Education shall administer the end-of-course

 4-8     assessment instruments under Subsection (d) [(c)] in Algebra I and

 4-9     Biology I.  Not later than the 1998-1999 school year, the State

4-10     Board of Education shall administer the end-of-course assessment

4-11     instruments under Subsection (d) [(c)] in English II and United

4-12     States history.  This subsection expires September 1, 2001.

4-13           SECTION 2.  Section 39.024, Education Code, is amended to

4-14     read as follows:

4-15           Sec. 39.024.  SATISFACTORY PERFORMANCE.  (a)  Except as

4-16     otherwise provided by this subsection, the [The] State Board of

4-17     Education shall determine the level of performance considered to be

4-18     satisfactory on the assessment instruments.  The  admission,

4-19     review, and dismissal committee of a student being assessed under

4-20     Section 39.023(b) shall determine the level of performance

4-21     considered to be satisfactory on the assessment instruments

4-22     administered to that student based on the student's expected annual

4-23     progress in each subject assessed.

4-24           (b)  Each school district shall offer an intensive program of

4-25     instruction for students who did not perform satisfactorily on an

4-26     assessment instrument administered under this subchapter, other

4-27     than an assessment instrument administered under Section 39.023(b).

 5-1     The intensive programs shall be designed to enable the students to

 5-2     be performing at grade level at the conclusion of the next regular

 5-3     school term.

 5-4           (c)  The agency shall develop and distribute study guides to

 5-5     assist parents in providing assistance during the period that

 5-6     school is recessed for summer to students who do not perform

 5-7     satisfactorily on one or more parts of an assessment instrument

 5-8     administered under this subchapter, other than an assessment

 5-9     instrument administered under Section 39.023(b).  The commissioner

5-10     shall retain a  portion of the total amount of funds allotted under

5-11     Section 42.152(a) that the commissioner considers appropriate to

5-12     finance the development and distribution of the study guides and

5-13     shall reduce each district's allotment proportionately.

5-14           SECTION 3.  Section 39.025(a), Education Code, is amended to

5-15     read as follows:

5-16           (a)  A student may not receive a high school diploma until

5-17     the student has performed satisfactorily on the secondary

5-18     exit-level assessment instruments for English language arts and

5-19     mathematics administered under Section 39.023(c) [39.023(b)] or on:

5-20                 (1)  the end-of-course assessment instruments adopted

5-21     under Section 39.023(d) [39.023(c)] in Algebra I and English II;

5-22     and

5-23                 (2)  the end-of-course assessment instrument adopted

5-24     under Section 39.023(d) [39.023(c)] in either Biology I or United

5-25     States history.

5-26           SECTION 4.  Sections 39.027(a) and (c), Education Code, are

5-27     amended to read as follows:

 6-1           (a)  A [Except as provided by Subsection (c), a] student may

 6-2     be exempted from the requirements of this subchapter if the

 6-3     student:

 6-4                 (1)  is eligible for a special education program under

 6-5     Section 29.003 and[, unless] the student's individualized education

 6-6     program does not include instruction in the essential knowledge and

 6-7     skills under Section 28.002 at any grade level [permit the

 6-8     exemption];  or

 6-9                 (2)  is of limited English proficiency, as defined by

6-10     Section 29.052.

6-11           (c)  The commissioner shall develop and adopt a process for

6-12     reviewing the exemption process of any school district that gives

6-13     an exemption under Subsection (a)(1) to more than five percent of

6-14     the students in the district's special education program. [Not

6-15     later than December 1, 1996, the commissioner shall develop and

6-16     propose to the legislature an assessment system for evaluating the

6-17     progress of students exempted under Subsection (a).  Not later than

6-18     the 1998-1999 school year, the performance of those students under

6-19     an assessment system must be included in the academic excellence

6-20     indicator system under Section 39.051, the campus report card under

6-21     Section 39.052, and the performance report under Section 39.053.

6-22     This subsection expires September 1, 1999.]

6-23           SECTION 5.  Section 39.031(b), Education Code, is amended to

6-24     read as follows:

6-25           (b)  The cost of releasing the question and answer keys under

6-26     Section 39.023(e) [39.023(d)] shall be paid from amounts

6-27     appropriated to the agency.

 7-1           SECTION 6.  Section 39.051(b), Education Code, is amended to

 7-2     read as follows:

 7-3           (b)  Performance on the indicators adopted under this section

 7-4     shall be compared to state-established standards.  The degree of

 7-5     change from one school year to the next in performance on each

 7-6     indicator adopted under this section shall also be considered.  The

 7-7     indicators must be based on information that is disaggregated with

 7-8     respect to race, ethnicity, sex, and socioeconomic status and must

 7-9     include:

7-10                 (1)  the results of all assessment instruments required

7-11     under:

7-12                       (A)  Subchapter B; and

7-13                       (B)  Section 39.023(a), aggregated by grade level

7-14     and subject area;

7-15                 (2)  dropout rates;

7-16                 (3)  student attendance rates;

7-17                 (4)  the percentage of graduating students who attain

7-18     scores on the secondary exit-level assessment instruments required

7-19     under Subchapter B that are equivalent to a passing score on the

7-20     test instrument required under Section 51.306;

7-21                 (5)  the percentage of graduating students who meet the

7-22     course requirements established for the recommended high school

7-23     program by State Board of Education rule;

7-24                 (6)  the results of the Scholastic Assessment Test

7-25     (SAT) and the American College Test;

7-26                 (7)  the percentage of students taking end-of-course

7-27     assessment instruments adopted under Section 39.023(d) [39.023(c)];

 8-1                 (8)  the percentage of students exempted, by exemption

 8-2     category, from the assessment program generally applicable under

 8-3     this subchapter;  and

 8-4                 (9)  any other indicator the State Board of Education

 8-5     adopts.

 8-6           SECTION 7.  Section 26.005, Education Code, is amended to

 8-7     read as follows:

 8-8           Sec. 26.005.  ACCESS TO STATE ASSESSMENTS.  Except as

 8-9     provided by Section 39.023(e) [39.023(d)], a parent is entitled to

8-10     access to a copy of each state assessment instrument administered

8-11     under Section 39.023(a), (b), [or] (c), or (d) to the parent's

8-12     child.

8-13           SECTION 8.  Section 28.025(a), Education Code, is amended to

8-14     read as follows:

8-15           (a)  The State Board of Education by rule shall determine

8-16     curriculum requirements for the minimum, recommended, and advanced

8-17     high school programs that are consistent with the required

8-18     curriculum under Section 28.002.  A student may graduate and

8-19     receive a diploma only if the student successfully completes:

8-20                 (1)  the curriculum requirements identified by the

8-21     board and the exit-level assessment instrument administered under

8-22     Section 39.023(c) [39.023(b)] or each end-of-course assessment

8-23     instrument required to be adopted under Section 39.023(d)

8-24     [39.023(c)]; or

8-25                 (2)  an individualized education program developed

8-26     under Section 29.005.

8-27           SECTION 9.  Section 29.202, Education Code, is amended to

 9-1     read as follows:

 9-2           Sec. 29.202.  Eligibility.  A student is eligible to receive

 9-3     a public education grant under this subchapter if the student is

 9-4     assigned to attend a public school campus:

 9-5                 (1)  at which 50 percent or more of the students did

 9-6     not perform satisfactorily on an assessment instrument administered

 9-7     under Section 39.023(a) or (c) [(b)] in the preceding three years;

 9-8     or

 9-9                 (2)  that was, at any time in the preceding three

9-10     years, identified as low-performing by the commissioner under

9-11     Subchapter D, Chapter 39.

9-12           SECTION 10.  Section 7.055(a)(33), Education Code, is

9-13     repealed.

9-14           SECTION 11.  (a)  The Texas Education Agency shall develop or

9-15     adopt assessment instruments as required by Section 39.023(b),

9-16     Education Code, as amended by this Act, not later than August 1,

9-17     1998.  The assessment instruments adopted under that section shall

9-18     be administered beginning with the 1998-1999 school year.

9-19           (b)  The commissioner of education shall adopt a process for

9-20     reviewing the exemption process of school districts as required

9-21     under Section 39.027(c), Education Code, as added by this Act, not

9-22     later than September 1, 1998.

9-23           SECTION 12.  The importance of this legislation and the

9-24     crowded condition of the calendars in both houses create an

9-25     emergency and an imperative public necessity that the

9-26     constitutional rule requiring bills to be read on three several

9-27     days in each house be suspended, and this rule is hereby suspended,

 10-1    and that this Act take effect and be in force from and after its

 10-2    passage, and it is so enacted.