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.