By Wilson                                              H.B. No. 698
         76R3259 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to assessment instruments administered to public school
 1-3     students.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 28.025, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 28.025.  HIGH SCHOOL DIPLOMA [AND CERTIFICATE]; ACADEMIC
 1-8     ACHIEVEMENT RECORD.  (a)  The State Board of Education by rule
 1-9     shall determine curriculum requirements for the minimum,
1-10     recommended, and advanced high school programs that are consistent
1-11     with the required curriculum under Section 28.002.  A student may
1-12     graduate and receive a diploma only if the student successfully
1-13     completes:
1-14                 (1)  the curriculum requirements identified by the
1-15     board [and the exit-level assessment instrument administered under
1-16     Section 39.023(c) or each end-of-course assessment instrument
1-17     required to be adopted under Section 39.023(d)]; or
1-18                 (2)  an individualized education program developed
1-19     under Section 29.005.
1-20           (b)  [A school district may issue a certificate of coursework
1-21     completion to a student who successfully completes the curriculum
1-22     requirements identified by the State Board of Education under
1-23     Subsection (a) but who fails to perform satisfactorily on the
1-24     assessment instruments specified by Subsection (a).  A school
 2-1     district may allow a student who receives a certificate to
 2-2     participate in a graduation ceremony with students receiving high
 2-3     school diplomas.]
 2-4           [(c)]  Each school district shall report the academic
 2-5     achievement record of students who have completed a minimum,
 2-6     recommended, or advanced high school program on transcript forms
 2-7     adopted by the State Board of Education.  The transcript forms
 2-8     adopted by the board must be designed to clearly differentiate
 2-9     between each of the high school programs [and identify whether a
2-10     student received a diploma or a certificate of coursework
2-11     completion].
2-12           SECTION 2.  Section 39.025, Education Code, is amended to
2-13     read as follows:
2-14           Sec. 39.025.  USE OF ASSESSMENT INSTRUMENTS [EXIT-LEVEL
2-15     PERFORMANCE REQUIRED].  An assessment instrument adopted under
2-16     Section 39.023(a), (b), or (c) may not be used as a condition to
2-17     high school graduation but may be used only to:
2-18                 (1)  measure a student's progress or current level of
2-19     achievement;
2-20                 (2)  evaluate the performance or progress of a teacher;
2-21     or
2-22                 (3)  evaluate a school or school district under this
2-23     chapter.  [(a)  A student may not receive a high school diploma
2-24     until the student has performed satisfactorily on the secondary
2-25     exit-level assessment instruments for English language arts and
2-26     mathematics administered under Section 39.023(c) or on:]
2-27                 [(1)  the end-of-course assessment instruments adopted
 3-1     under Section 39.023(d) in Algebra I and English II; and]
 3-2                 [(2)  the end-of-course assessment instrument adopted
 3-3     under Section 39.023(d) in either Biology I or United States
 3-4     history.]
 3-5           [(b)  Each time a secondary exit-level assessment instrument
 3-6     is administered, a student who has not been given a high school
 3-7     diploma because of a failure to perform satisfactorily on the
 3-8     assessment instrument for that subject area may retake the
 3-9     assessment instrument.]
3-10           [(c)  A student who has been denied a high school diploma
3-11     under Subsections (a) and (b) and who subsequently performs
3-12     satisfactorily on each secondary exit-level assessment instrument
3-13     shall be issued a high school diploma.]
3-14           SECTION 3.  Subchapter B, Chapter 39, Education Code, is
3-15     amended by adding Section 39.0261 to read as follows:
3-16           Sec. 39.0261.  VALIDATION OF ASSESSMENT INSTRUMENTS.  The
3-17     agency shall ensure that before an assessment instrument is
3-18     administered under this subchapter the assessment instrument is
3-19     validated in the manner required or recommended by the American
3-20     Psychological Association as those requirements or recommendations
3-21     existed on January 1, 1999.
3-22           SECTION 4.  This Act applies beginning with the 1999-2000
3-23     school year.
3-24           SECTION 5.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended,
 4-2     and that this Act take effect and be in force from and after its
 4-3     passage, and it is so enacted.