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                                  * * * * *