Amend CSSB 103 by striking all below the enacting clause and
substituting the following:
ARTICLE 1.
SECTION 1.01. Except as otherwise provided by this article,
this article takes effect September 1, 1999.
SECTION 1.02. Section 28.025(a), Education Code, is amended
to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the minimum, recommended, and advanced
high school programs that are consistent with the required
curriculum under Section 28.002. A student may graduate and
receive a diploma only if:
(1) the student successfully completes <:>
<(1)> the curriculum requirements identified by the
board and complies with Section 39.025(a) <the facility assessment
instrument administered under Section 39.023(c) or each
end-of-course assessment instrument required to be adopted under
Section 39.023(d)>; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
SECTION 1.03. Sections 39.023(a) and (c), Education Code, are
amended to read as follows:
(a) The agency shall adopt appropriate criterion-referenced
assessment instruments designed to assess competencies in reading,
writing, mathematics, social studies, and science. All students,
except students assessed under Subsection (b) or exempted under
Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through 10;
(2) reading <and mathematics>, annually in grades
three through nine <eight>;
(3) <(2)> writing, in grades four and eight;
(4) English language arts, in grade 10; <and>
(5) <(3)> social studies, in grades seven and 10; and
(6) science, in grades five and 10 <at an appropriate
grade level determined by the State Board of Education>.
(c) The agency shall also adopt secondary facility
assessment instruments designed to be administered to students in
grade 11 to assess competencies in mathematics, <and> English
language arts, social studies, and science. The English language
arts section must include the assessment of writing competencies.
The assessment instruments must be designed to assess a student's
mastery of minimum skills necessary for high school graduation and
readiness to enroll in an institution of higher education. The
Texas Higher Education Coordinating Board shall assist the agency
in determining the skills necessary for readiness to enroll in an
institution of higher education. If a student is in a special
education program under Subchapter A, Chapter 29, the student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection or
whether the student should be exempted under Section 39.027(a)(2).
The State Board of Education shall administer the assessment
instruments. The State Board of Education shall adopt a schedule
for the administration of secondary facility assessment
instruments. Each student who did not perform satisfactorily on
any secondary facility assessment instrument when initially tested
shall be given multiple opportunities to retake that assessment
instrument. A student who performs at or above a level established
by the Texas Higher Education Coordinating Board on the secondary
facility assessment instruments is exempt from the requirements of
Section 51.306.
SECTION 1.04. (a) This section takes effect only if S.B. No.
1, Acts of the 76th Legislature, Regular Session, 1999, is enacted
and becomes law. If S.B. No. 1 is not enacted or does not become
law, this section has no effect.
(b) Section 39.023(e), Education Code, is amended to read as
follows:
(e) Under rules adopted by the State Board of Education, the
agency shall release the questions and answer keys to each
assessment instrument initially administered under Subsection (a),
(b), or (c)<, or (d)> after the last time the instrument is
administered for a school year. The agency is not required to
release the questions and answer keys to an assessment instrument
administered in compliance with Section 28.0211(b) before the fifth
anniversary of the last date on which the assessment instrument is
administered. To ensure a valid bank of questions for use each
year, the agency is not required to release a question that is
being field-tested and was not used to compute the student's score
on the instrument. The agency shall also release, under board
rule, each question that is no longer being field-tested and that
was not used to compute a student's score.
SECTION 1.05. (a) This section takes effect only if S.B. No.
1, Acts of the 76th Legislature, Regular Session, 1999, is not
enacted or does not become law. If S.B. No. 1 is enacted and
becomes law, this section has no effect.
(b) Section 39.023(e), Education Code, is amended to read as
follows:
(e) Under rules adopted by the State Board of Education, the
agency shall release the questions and answer keys to each
assessment instrument administered under Subsection (a), (b), or
(c)<, or (d)> after the last time the instrument is administered
for a school year. To ensure a valid bank of questions for use
each year, the agency is not required to release a question that is
being field-tested and was not used to compute the student's score
on the instrument. The agency shall also release, under board
rule, each question that is no longer being field-tested and that
was not used to compute a student's score.
SECTION 1.06. Section 39.025(a), Education Code, is amended
to read as follows:
(a) A student may not receive a high school diploma until
the student has performed satisfactorily on the secondary facility
assessment instruments for English language arts, <and>
mathematics, social studies, and science administered under Section
39.023(c) <or on:>
<(1) the end-of-course assessment instruments adopted
under Section 39.023(d) in Algebra I and English II; and>
<(2) the end-of-course assessment instrument adopted
under Section 39.023(d) in either Biology I or United States
history>.
SECTION 1.07. Section 39.051(b), Education Code, is amended
to read as follows:
(b) Performance on the indicators adopted under this section
shall be compared to state-established standards. The degree of
change from one school year to the next in performance on each
indicator adopted under this section shall also be considered. The
indicators must be based on information that is disaggregated with
respect to race, ethnicity, sex, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a) and (c), aggregated by grade level and
subject area;
(2) dropout rates;
(3) student attendance rates;
(4) the percentage of graduating students who attain
scores on the secondary facility assessment instruments required
under Subchapter B that are equivalent to a passing score on the
test instrument required under Section 51.306;
(5) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(6) the results of the Scholastic Assessment Test
(SAT) and the American College Test;
(7) <the percentage of students taking end-of-course
assessment instruments adopted under Section 39.023(d);>
<(8)> the percentage of students exempted, by
exemption category, from the assessment program generally
applicable under this subchapter; and
(8) <(9)> any other indicator the State Board of
Education adopts.
SECTION 1.08. Section 39.052(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following information
where applicable:
(1) the academic excellence indicators adopted under
Sections 39.051(b)(1) through (7) <(8)>;
(2) student/teacher ratios; and
(3) administrative and instructional costs per
student.
SECTION 1.09. Sections 39.023(d) and (j), Education Code, are
repealed.
SECTION 1.10. The commissioner of education shall adopt rules
for the implementation of Section 39.023, Education Code, as
amended by this Act. The commissioner's rules must provide that:
(1) notwithstanding Section 39.051, Education Code, as
amended by this Act, for the 2000-2001 and 2001-2002 school years,
the Texas Education Agency may include the results of student
performance on the end-of-course assessment instrument in Algebra I
under Section 39.023(d), Education Code, as that section existed
before repeal by this Act, in evaluating the performance of school
districts, campuses, and open-enrollment charter schools under
Subchapter D, Chapter 39, Education Code;
(2) except as provided by Subdivision (4) of this
section, not later than the 2002-2003 school year, the State Board
of Education shall administer each assessment instrument added by
this Act;
(3) except as provided by Subdivision (5) of this
section, not later than the 2004-2005 school year, the Texas
Education Agency shall include the results of student performance
on each assessment instrument added by this Act in evaluating the
performance of school districts, campuses, and open-enrollment
charter schools under Subchapter D, Chapter 39, Education Code;
(4) not later than the 2004-2005 school year, the
State Board of Education shall administer assessment instruments
under Section 39.023(b), Education Code, that correspond to the
following assessment instruments required under Section 39.023(a),
Education Code, as amended by this Act:
(A) the mathematics assessment instrument
administered in grades nine and 10;
(B) the reading assessment instrument
administered in grade nine; and
(C) the English language arts assessment
instrument administered in grade 10;
(5) not later than the 2006-2007 school year, the
Texas Education Agency shall include the results of student
performance on each assessment instrument described by Subdivision
(4) of this section in evaluating the performance of school
districts, campuses, and open-enrollment charter schools under
Subchapter D, Chapter 39, Education Code; and
(6) pending the introduction, as provided by
Subdivision (2) of this section, of any assessment instrument added
by this Act:
(A) the State Board of Education shall
administer each appropriate assessment instrument under Section
39.023, Education Code, as that section existed before amendment by
this Act;
(B) a student who performs satisfactorily on the
end-of-course assessment instruments specified by Section 39.025,
Education Code, as that section existed before amendment by this
Act, is entitled to receive a high school diploma if the student
completes all other requirements for high school graduation; and
(C) the former law is continued in effect for
the purposes provided by this subdivision.
SECTION 1.11. (a) The commissioner of education shall
conduct a study to determine the effectiveness of changes to
Subchapter B, Chapter 39, Education Code, as amended by this
article. This study shall include but not be limited to evaluation
of the following:
(1) the performance of minority students on
assessments added by this article, including changes in the
performance gap between minority and nonminority students;
(2) the performance of students on assessments added
by this article as compared to performance on national assessments;
(3) the availability and utility of data on the
academic performance of secondary students; and
(4) the effect of the additional assessments on the
dropout rate.
(b) Not later than December 1, 2006, the commissioner of
education shall report the results of the study to the governor,
the lieutenant governor, the speaker of the house of
representatives, and the presiding officer of the standing
committee in each house of the legislature with primary
jurisdiction over public education.
ARTICLE 2.
SECTION 2.01. Except as otherwise provided by this article,
this article takes effect September 1, 2007.
SECTION 2.02. Section 28.025(a), Education Code, is amended
to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the minimum, recommended, and advanced
high school programs that are consistent with the required
curriculum under Section 28.002. A student may graduate and
receive a diploma only if the student successfully completes:
(1) the curriculum requirements identified by the
board and the facility assessment instrument administered under
Section 39.023(c) or each end-of-course assessment instrument
required to be adopted under Section 39.023(d); or
(2) an individualized education program developed
under Section 29.005.
SECTION 2.03. Sections 39.023(a) and (c), Education Code, are
amended to read as follows:
(a) The agency shall adopt appropriate criterion-referenced
assessment instruments designed to assess competencies in reading,
writing, mathematics, social studies, and science. All students,
except students assessed under Subsection (b) or exempted under
Section 39.027, shall be assessed in:
(1) reading and mathematics, annually in grades three
through eight;
(2) writing, in grades four and eight; and
(3) social studies and science, at an appropriate
grade level determined by the State Board of Education.
(c) The agency shall also adopt secondary facility
assessment instruments designed to assess competencies in
mathematics and English language arts. The English language arts
section must include the assessment of writing competencies. If a
student is in a special education program under Subchapter A,
Chapter 29, the student's admission, review, and dismissal
committee shall determine whether any allowable modification is
necessary in administering to the student an assessment instrument
required under this subsection or whether the student should be
exempted under Section 39.027(a)(2). The State Board of Education
shall administer the assessment instruments. The State Board of
Education shall adopt a schedule for the administration of
secondary facility assessment instruments. Each student who did
not perform satisfactorily on any secondary facility assessment
instrument when initially tested shall be given multiple
opportunities to retake that assessment instrument.
SECTION 2.04. Section 39.023(d), Education Code, is amended
to read as follows:
(d) The agency shall adopt end-of-course assessment
instruments for students in secondary grades who have completed
Algebra I, Biology I, English II, and United States history. If a
student is in a special education program under Subchapter A,
Chapter 29, the student's admission, review, and dismissal
committee shall determine whether any allowable modification is
necessary in administering to the student an assessment instrument
required under this subsection or whether the student should be
exempted under Section 39.027(a)(2).
SECTION 2.05. (a) This section takes effect only if S.B. No.
1, Acts of the 76th Legislature, Regular Session, 1999, is enacted
and becomes law. If S.B. No. 1 is not enacted or does not become
law, this section has no effect.
(b) Section 39.023(e), Education Code, is amended to read as
follows:
(e) Under rules adopted by the State Board of Education, the
agency shall release the questions and answer keys to each
assessment instrument initially administered under Subsection (a),
(b), (c), or (d) after the last time the instrument is
administered for a school year. The agency is not required to
release the questions and answer keys to an assessment instrument
administered in compliance with Section 28.0211(b) before the fifth
anniversary of the last date on which the assessment instrument is
administered. To ensure a valid bank of questions for use each
year, the agency is not required to release a question that is
being field-tested and was not used to compute the student's score
on the instrument. The agency shall also release, under board
rule, each question that is no longer being field-tested and that
was not used to compute a student's score.
SECTION 2.06. (a) This section takes effect only if S.B. No.
1, Acts of the 76th Legislature, Regular Session, 1999, is not
enacted or does not become law. If S.B. No. 1 is enacted and
becomes law, this section has no effect.
(b) Section 39.023(e), Education Code, is amended to read as
follows:
(e) Under rules adopted by the State Board of Education, the
agency shall release the questions and answer keys to each
assessment instrument administered under Subsection (a), (b), (c),
or (d) after the last time the instrument is administered for a
school year. To ensure a valid bank of questions for use each
year, the agency is not required to release a question that is
being field-tested and was not used to compute the student's score
on the instrument. The agency shall also release, under board
rule, each question that is no longer being field-tested and that
was not used to compute a student's score.
SECTION 2.07. Section 39.025(a), Education Code, is amended
to read as follows:
(a) A student may not receive a high school diploma until
the student has performed satisfactorily on the secondary facility
assessment instruments for English language arts and mathematics
administered under Section 39.023(c) or on:
(1) the end-of-course assessment instruments adopted
under Section 39.023(d) in Algebra I and English II; and
(2) the end-of-course assessment instrument adopted
under Section 39.023(d) in either Biology I or United States
history.
SECTION 2.08. Section 39.051(b), Education Code, is amended
to read as follows:
(b) Performance on the indicators adopted under this section
shall be compared to state-established standards. The degree of
change from one school year to the next in performance on each
indicator adopted under this section shall also be considered. The
indicators must be based on information that is disaggregated with
respect to race, ethnicity, sex, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a) and (c), aggregated by grade level and
subject area;
(2) dropout rates;
(3) student attendance rates;
(4) the percentage of graduating students who attain
scores on the secondary facility assessment instruments required
under Subchapter B that are equivalent to a passing score on the
test instrument required under Section 51.306;
(5) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(6) the results of the Scholastic Assessment Test
(SAT) and the American College Test;
(7) the percentage of students taking end-of-course
assessment instruments adopted under Section 39.023(d);
(8) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this subchapter; and
(9) any other indicator the State Board of Education
adopts.
SECTION 2.09. Section 39.052(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following information
where applicable:
(1) the academic excellence indicators adopted under
Sections 39.051(b)(1) through (8);
(2) student/teacher ratios; and
(3) administrative and instructional costs per
student.
SECTION 2.10. The commissioner of education shall adopt rules
for the implementation of Section 39.023, Education Code, as
amended by this article. The commissioner's rules must provide
that:
(1) notwithstanding Section 39.051, Education Code, as
amended by this article, the Texas Education Agency may include the
results of student performance on any assessment instrument under
Section 39.023(a), Education Code, as that section existed before
amendment by this article, in evaluating the performance of school
districts, campuses, and open-enrollment charter schools under
Subchapter D, Chapter 39, Education Code; and
(2) pending the introduction of any assessment
instrument added by this article:
(A) the State Board of Education shall
administer each appropriate assessment instrument under Section
39.023, Education Code, as that section existed before amendment by
this article;
(B) a student who performs satisfactorily on the
assessment instruments specified by Section 39.025, Education Code,
as that section existed before amendment by this article, is
entitled to receive a high school diploma if the student completes
all other requirements for high school graduation; and
(C) the former law is continued in effect for
the purposes provided by this subdivision.
ARTICLE 3.
SECTION 3.01. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.