1-1 By: Hochberg (Senate Sponsor - Barrientos) H.B. No. 1800
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on
1-4 Education; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to state-administered assessment instruments for students
1-9 in special education programs.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 39.023, Education Code, is amended to
1-12 read as follows:
1-13 Sec. 39.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS.
1-14 (a) The agency shall adopt appropriate criterion-referenced
1-15 assessment instruments designed to assess competencies in reading,
1-16 writing, mathematics, social studies, and science. All [nonexempt]
1-17 students, except students assessed under Subsection (b) or exempted
1-18 under Section 39.027, shall be assessed in:
1-19 (1) reading and mathematics, annually in grades three
1-20 through eight;
1-21 (2) writing, in grades four and eight; and
1-22 (3) social studies and science, at an appropriate
1-23 grade level determined by the State Board of Education.
1-24 (b) The agency shall develop or adopt appropriate
1-25 criterion-referenced assessment instruments to be administered to
1-26 each student in a special education program under Subchapter A,
1-27 Chapter 29, who receives instruction in the essential knowledge and
1-28 skills identified under Section 28.002 but for whom the assessment
1-29 instruments adopted under Subsection (a), even with allowable
1-30 modifications, would not provide an appropriate measure of student
1-31 achievement, as determined by the student's admission, review, and
1-32 dismissal committee. The assessment instruments required under
1-33 this subsection must assess competencies and growth in reading,
1-34 mathematics, and writing. A student's admission, review, and
1-35 dismissal committee shall determine whether any allowable
1-36 modification is necessary in administering to the student an
1-37 assessment instrument required under this subsection. The
1-38 assessment instruments required under this subsection shall be
1-39 administered on the same schedule as the assessment instruments
1-40 administered under Subsection (a).
1-41 (c) The agency shall also adopt secondary exit-level
1-42 assessment instruments designed to assess competencies in
1-43 mathematics and English language arts. The English language arts
1-44 section must include the assessment of writing competencies. If a
1-45 student is in a special education program under Subchapter A,
1-46 Chapter 29, the student's admission, review, and dismissal
1-47 committee shall determine whether any allowable modification is
1-48 necessary in administering to the student an assessment instrument
1-49 required under this subsection or whether the student should be
1-50 exempted under Section 39.027(a)(2). The State Board of Education
1-51 shall administer the assessment instruments. The State Board of
1-52 Education shall adopt a schedule for the administration of
1-53 secondary exit-level assessment instruments. Each student who did
1-54 not perform satisfactorily on any secondary exit-level assessment
1-55 instrument when initially tested shall be given multiple
1-56 opportunities to retake that assessment instrument.
1-57 (d) [(c)] The agency shall adopt end-of-course assessment
1-58 instruments for students in secondary grades who have completed
1-59 Algebra I, Biology I, English II, and United States history. If a
1-60 student is in a special education program under Subchapter A,
1-61 Chapter 29, the student's admission, review, and dismissal
1-62 committee shall determine whether any allowable modification is
1-63 necessary in administering to the student an assessment instrument
1-64 required under this subsection or whether the student should be
2-1 exempted under Section 39.027(a)(2).
2-2 (e) [(d)] Under rules adopted by the State Board of
2-3 Education, the agency shall release the questions and answer keys
2-4 to each assessment instrument administered under Subsection (a),
2-5 (b), [or] (c), or (d) after the last time the instrument is
2-6 administered for a school year. To ensure a valid bank of
2-7 questions for use each year, the agency is not required to release
2-8 a question that is being field-tested and was not used to compute
2-9 the student's score on the instrument. The agency shall also
2-10 release, under board rule, each question that is no longer being
2-11 field-tested and that was not used to compute a student's score.
2-12 (f) [(e)] The assessment instruments shall be designed to
2-13 include assessment of a student's problem-solving ability and
2-14 complex-thinking skills using a method of assessing those abilities
2-15 and skills that is demonstrated to be highly reliable.
2-16 (g) [(f)] The State Board of Education may adopt one
2-17 appropriate, nationally recognized, norm-referenced assessment
2-18 instrument in reading and mathematics to be administered to a
2-19 selected sample of students in the spring. If adopted, a
2-20 norm-referenced assessment instrument must be a secured test. The
2-21 state may pay the costs of purchasing and scoring the adopted
2-22 assessment instrument and of distributing the results of the
2-23 adopted instrument to the school districts. A district that
2-24 administers the norm-referenced test adopted under this subsection
2-25 [section] shall report the results to the agency in a manner
2-26 prescribed by the commissioner.
2-27 (h) [(g)] The agency shall notify school districts and
2-28 campuses of the results of assessment instruments administered
2-29 under this section at the earliest possible date determined by the
2-30 State Board of Education but not later than the beginning of the
2-31 subsequent school year.
2-32 (i) [(h)] The provisions of this section are subject to
2-33 modification by rules adopted under Section 39.022. Each
2-34 assessment instrument adopted under those rules must be reliable
2-35 and valid and must meet any applicable federal requirements for
2-36 measurement of student progress.
2-37 (j) [(i)] The [Beginning with the 1995-1996 school year,
2-38 the] State Board of Education shall administer the end-of-course
2-39 assessment instruments under Subsection (d) [(c)] in Algebra I and
2-40 Biology I. Not later than the 1998-1999 school year, the State
2-41 Board of Education shall administer the end-of-course assessment
2-42 instruments under Subsection (d) [(c)] in English II and United
2-43 States history. This subsection expires September 1, 2001.
2-44 (k) Notwithstanding Subsection (e), the agency shall
2-45 initially release under Subsection (e) the questions and answer
2-46 keys to each assessment instrument administered under Subsection
2-47 (b) during the third school year in which the instrument is
2-48 administered after the last time the instrument is administered for
2-49 that school year. This subsection expires September 1, 2004.
2-50 SECTION 2. Section 39.024, Education Code, is amended to
2-51 read as follows:
2-52 Sec. 39.024. SATISFACTORY PERFORMANCE. (a) Except as
2-53 otherwise provided by this subsection, the [The] State Board of
2-54 Education shall determine the level of performance considered to be
2-55 satisfactory on the assessment instruments. The admission,
2-56 review, and dismissal committee of a student being assessed under
2-57 Section 39.023(b) shall determine the level of performance
2-58 considered to be satisfactory on the assessment instruments
2-59 administered to that student in accordance with criteria
2-60 established by agency rule.
2-61 (b) Each school district shall offer an intensive program of
2-62 instruction for students who did not perform satisfactorily on an
2-63 assessment instrument administered under this subchapter. The
2-64 intensive programs for students who did not perform satisfactorily
2-65 on an assessment instrument under Section 39.023(a) or (c) shall be
2-66 designed to enable the students to be performing at grade level at
2-67 the conclusion of the next regular school term. The intensive
2-68 programs for students who did not perform satisfactorily on an
2-69 assessment instrument under Section 39.023(b) shall be designed by
3-1 each student's admission, review, and dismissal committee to enable
3-2 the student to attain a standard of annual growth on the basis of
3-3 the student's individualized education program.
3-4 (c) The agency shall develop [and distribute] study guides
3-5 for the assessment instruments administered under Sections
3-6 39.023(a) and (c). To [to] assist parents in providing assistance
3-7 during the period that school is recessed for summer, each school
3-8 district shall distribute the study guides to parents of [to]
3-9 students who do not perform satisfactorily on one or more parts of
3-10 an assessment instrument administered under this subchapter. The
3-11 commissioner shall retain a portion of the total amount of funds
3-12 allotted under Section 42.152(a) that the commissioner considers
3-13 appropriate to finance the development and distribution of the
3-14 study guides and shall reduce each district's allotment
3-15 proportionately.
3-16 SECTION 3. Section 39.025(a), Education Code, is amended to
3-17 read as follows:
3-18 (a) A student may not receive a high school diploma until
3-19 the student has performed satisfactorily on the secondary
3-20 exit-level assessment instruments for English language arts and
3-21 mathematics administered under Section 39.023(c) [39.023(b)] or on:
3-22 (1) the end-of-course assessment instruments adopted
3-23 under Section 39.023(d) [39.023(c)] in Algebra I and English II;
3-24 and
3-25 (2) the end-of-course assessment instrument adopted
3-26 under Section 39.023(d) [39.023(c)] in either Biology I or United
3-27 States history.
3-28 SECTION 4. Section 39.027, Education Code, is amended by
3-29 amending Subsections (a) and (c) and adding Subsections (d) and (e)
3-30 to read as follows:
3-31 (a) A [Except as provided by Subsection (c), a] student may
3-32 be exempted from the administration of an assessment instrument
3-33 under:
3-34 (1) Section 39.023(a) or (b) [requirements of this
3-35 subchapter] if the student[:]
3-36 [(1)] is eligible for a special education program
3-37 under Section 29.003 and[, unless] the student's individualized
3-38 education program does not include instruction in the essential
3-39 knowledge and skills under Section 28.002 at any grade level
3-40 [permit the exemption];
3-41 (2) Section 39.023(c) or (d) if the student is
3-42 eligible for a special education program under Section 29.003 and:
3-43 (A) the student's individualized education
3-44 program does not include instruction in the essential knowledge and
3-45 skills under Section 28.002 at any grade level; or
3-46 (B) the assessment instrument, even with
3-47 allowable modifications, would not provide an appropriate measure
3-48 of the student's achievement as determined by the student's
3-49 admission, review, and dismissal committee; or
3-50 (3) Section 39.023 if the student [(2)] is of limited
3-51 English proficiency, as defined by Section 29.052.
3-52 (c) The commissioner shall develop and adopt a process for
3-53 reviewing the exemption process of a school district or shared
3-54 services arrangement that gives an exemption under Subsection
3-55 (a)(1) as follows:
3-56 (1) to more than five percent of the students in the
3-57 special education program, in the case of a district or shared
3-58 services arrangement with an average daily attendance of at least
3-59 1,600;
3-60 (2) to more than 10 percent of the students in the
3-61 special education program, in the case of a district or shared
3-62 services arrangement with an average daily attendance of at least
3-63 190 and not more than 1,599; or
3-64 (3) to the greater of more than 10 percent of the
3-65 students in the special education program or to at least five
3-66 students in the special education program, in the case of a
3-67 district or shared services arrangement with an average daily
3-68 attendance of not more than 189.
3-69 (d) Notwithstanding Subsection (a), in any year preceding
4-1 the adoption and administration of assessment instruments under
4-2 Section 39.023(b), a student who is eligible for a special
4-3 education program under Section 29.003 may be exempted from the
4-4 administration of an assessment instrument under Section 39.023(a)
4-5 if the assessment instrument, even with allowable modifications,
4-6 would not provide an appropriate measure of the student's
4-7 achievement as determined by the student's admission, review, and
4-8 dismissal committee. This subsection expires September 1, 2000.
4-9 (e) In this section, "average daily attendance" is computed
4-10 in the manner provided by Section 42.005. [Not later than December
4-11 1, 1996, the commissioner shall develop and propose to the
4-12 legislature an assessment system for evaluating the progress of
4-13 students exempted under Subsection (a). Not later than the
4-14 1998-1999 school year, the performance of those students under an
4-15 assessment system must be included in the academic excellence
4-16 indicator system under Section 39.051, the campus report card under
4-17 Section 39.052, and the performance report under Section 39.053.
4-18 This subsection expires September 1, 1999.]
4-19 SECTION 5. Section 39.031(b), Education Code, is amended to
4-20 read as follows:
4-21 (b) The cost of releasing the question and answer keys under
4-22 Section 39.023(e) [39.023(d)] shall be paid from amounts
4-23 appropriated to the agency.
4-24 SECTION 6. Section 39.051, Education Code, is amended by
4-25 amending Subsection (b) and adding Subsection (f) to read as
4-26 follows:
4-27 (b) Performance on the indicators adopted under this section
4-28 shall be compared to state-established standards. The degree of
4-29 change from one school year to the next in performance on each
4-30 indicator adopted under this section shall also be considered. The
4-31 indicators must be based on information that is disaggregated with
4-32 respect to race, ethnicity, sex, and socioeconomic status and must
4-33 include:
4-34 (1) the results of assessment instruments required
4-35 under Sections 39.023(a) and (c), [Subchapter B] aggregated by
4-36 grade level and subject area;
4-37 (2) dropout rates;
4-38 (3) student attendance rates;
4-39 (4) the percentage of graduating students who attain
4-40 scores on the secondary exit-level assessment instruments required
4-41 under Subchapter B that are equivalent to a passing score on the
4-42 test instrument required under Section 51.306;
4-43 (5) the percentage of graduating students who meet the
4-44 course requirements established for the recommended high school
4-45 program by State Board of Education rule;
4-46 (6) the results of the Scholastic Assessment Test
4-47 (SAT) and the American College Test;
4-48 (7) the percentage of students taking end-of-course
4-49 assessment instruments adopted under Section 39.023(d) [39.023(c)];
4-50 (8) the percentage of students exempted, by exemption
4-51 category, from the assessment program generally applicable under
4-52 this subchapter; and
4-53 (9) any other indicator the State Board of Education
4-54 adopts.
4-55 (f) Beginning with the 2002-2003 school year, the indicator
4-56 under Subsection (b)(1) must include the results of assessment
4-57 instruments required under Section 39.023(b). Those results may
4-58 not be aggregated by grade level or subject area.
4-59 SECTION 7. Section 26.005, Education Code, is amended to
4-60 read as follows:
4-61 Sec. 26.005. ACCESS TO STATE ASSESSMENTS. Except as
4-62 provided by Section 39.023(e) [39.023(d)], a parent is entitled to
4-63 access to a copy of each state assessment instrument administered
4-64 under Section 39.023 [39.023(a), (b), or (c)] to the parent's
4-65 child.
4-66 SECTION 8. Section 28.025(a), Education Code, is amended to
4-67 read as follows:
4-68 (a) The State Board of Education by rule shall determine
4-69 curriculum requirements for the minimum, recommended, and advanced
5-1 high school programs that are consistent with the required
5-2 curriculum under Section 28.002. A student may graduate and
5-3 receive a diploma only if the student successfully completes:
5-4 (1) the curriculum requirements identified by the
5-5 board and the exit-level assessment instrument administered under
5-6 Section 39.023(c) [39.023(b)] or each end-of-course assessment
5-7 instrument required to be adopted under Section 39.023(d)
5-8 [39.023(c)]; or
5-9 (2) an individualized education program developed
5-10 under Section 29.005.
5-11 SECTION 9. Section 29.202, Education Code, is amended to
5-12 read as follows:
5-13 Sec. 29.202. Eligibility. A student is eligible to receive
5-14 a public education grant under this subchapter if the student is
5-15 assigned to attend a public school campus:
5-16 (1) at which 50 percent or more of the students did
5-17 not perform satisfactorily on an assessment instrument administered
5-18 under Section 39.023(a) or (c) [(b)] in the preceding three years;
5-19 or
5-20 (2) that was, at any time in the preceding three
5-21 years, identified as low-performing by the commissioner under
5-22 Subchapter D, Chapter 39.
5-23 SECTION 10. Section 7.055(a)(33), Education Code, is
5-24 repealed.
5-25 SECTION 11. (a) The Texas Education Agency shall begin
5-26 developing or adopting assessment instruments as required by
5-27 Section 39.023(b), Education Code, as amended by this Act, not
5-28 later than September 1, 1997. The agency shall field-test the
5-29 assessment instruments before the 2000-2001 school year. The
5-30 agency shall adopt and the State Board of Education shall
5-31 administer the assessment instruments not later than the 2000-2001
5-32 school year. The agency shall report the results of the assessment
5-33 instruments beginning with the results for the 2000-2001 school
5-34 year.
5-35 (b) The commissioner of education shall initiate the process
5-36 for reviewing the exemption process of school districts as required
5-37 under Section 39.027(c), Education Code, as amended by this Act,
5-38 beginning with the first school year that assessment instruments
5-39 are administered under Section 39.023(b).
5-40 SECTION 12. The importance of this legislation and the
5-41 crowded condition of the calendars in both houses create an
5-42 emergency and an imperative public necessity that the
5-43 constitutional rule requiring bills to be read on three several
5-44 days in each house be suspended, and this rule is hereby suspended,
5-45 and that this Act take effect and be in force from and after its
5-46 passage, and it is so enacted.
5-47 * * * * *