HBA-MPM H.B. 698 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 698 By: Wilson Public Education 4/21/1999 Introduced BACKGROUND AND PURPOSE Currently, a student may graduate from high school and receive a diploma only if the student successfully completes the curriculum requirements identified by the State Board of Education and an exit-level assessment instrument administered under Section 39.023 (Adoption and Administration of Instruments), Education Code or if the student completes an individualized education program. H.B.698 deletes the requirement that a student complete an exit-level assessment instrument in order to graduate from high school and receive a diploma. This bill also prohibits such an assessment instrument from being used as a condition of high school graduation and requires the Texas Education Agency to ensure that an assessment instrument is validated in a manner required or recommended by the American Psychological Association prior to its administration. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 28.025, Education Code, as follows: Sec. 28.025. New title: HIGH SCHOOL DIPLOMA; ACADEMIC ACHIEVEMENT RECORD. (a) Deletes language requiring a student to successfully complete an exit-level assessment instrument administered under Section 39.023(c) or each end-of-course assessment instrument required to be adopted under Section 39.023(d) in order to graduate and receive a high school diploma. Sections 39.023(c) and (d) (Adoption and Administration of Instruments) address the adoption of secondary exit-level and end-of-course instruments in certain subject areas, and modifications in or exemptions from the exit-level or end-ofcourse instrument by the State Board of Education (board). Deletes "and certificate" from existing title. (b) Deletes language authorizing a school district to issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the board under Subsection (a) but who fails to perform satisfactorily on the assessment instruments specified by Subsection (a). Deletes language authorizing a school district to allow a student who receives a certificate to participate in a high school graduation ceremony. (c) Redesignates existing Subsection (c) to Subsection (b). Makes conforming changes. SECTION 2. Amends Section 39.025, Education Code, as follows: Sec. 39.025. New title: USE OF ASSESSMENT INSTRUMENTS. Provides that an assessment instrument adopted under Section 39.023(a), (b), or (c) may not be used as a condition of high school graduation, but may only be used to measure a student's progress or level of achievement; evaluate the performance or progress of a teacher; or evaluate a school or school district. Section 39.023(a), (b) and (c) set forth criterion for the adoption and administration of assessment instruments and exit-level assessment instruments by the agency that are designed to assess a student's competency in certain subject areas. Deletes existing language. Makes a conforming change. SECTION 3. Amends Subchapter B, Chapter 39, Education Code, by adding Section 39.0261, as follows: Sec. 39.0261. VALIDATION OF ASSESSMENT INSTRUMENTS. Requires the Texas Education Agency (agency) to ensure that before an assessment instrument is administered, it is validated in a manner required or recommended by the American Psychological Association as requirements or recommendations existed on January 1, 1999. SECTION 4. Provides that this Act applies beginning with the 1999-2000 school year. SECTION 5. Emergency clause. Effective date: upon passage.