By Grusendorf H.B. No. 1241
76R3223 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assessments of public school students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.025(a), Education Code, is amended to
1-5 read as follows:
1-6 (a) The State Board of Education by rule shall determine
1-7 curriculum requirements for the minimum, recommended, and advanced
1-8 high school programs that are consistent with the required
1-9 curriculum under Section 28.002. A student may graduate and
1-10 receive a diploma only if:
1-11 (1) the student successfully completes [:]
1-12 [(1)] the curriculum requirements identified by the
1-13 board and complies with Section 39.025(a) [the exit-level
1-14 assessment instrument administered under Section 39.023(c) or each
1-15 end-of-course assessment instrument required to be adopted under
1-16 Section 39.023(d)]; or
1-17 (2) the student successfully completes an
1-18 individualized education program developed under Section 29.005.
1-19 SECTION 2. Sections 39.023(a), (c), and (e), Education Code,
1-20 are amended to read as follows:
1-21 (a) The agency shall adopt appropriate criterion-referenced
1-22 assessment instruments designed to assess competencies in reading,
1-23 writing, mathematics, social studies, and science. All students,
1-24 except students assessed under Subsection (b) or exempted under
2-1 Section 39.027, shall be assessed in:
2-2 (1) reading and mathematics, annually in grades three
2-3 through 10 [eight];
2-4 (2) writing, in grades four, six, [and] eight, and 10;
2-5 [and]
2-6 (3) social studies, in grades four, eight, and 10; and
2-7 (4) science, in grades five, seven, and 10 [at an
2-8 appropriate grade level determined by the State Board of
2-9 Education].
2-10 (c) The agency shall also adopt secondary exit-level
2-11 assessment instruments designed to be administered to students in
2-12 grade 11 to assess competencies in mathematics, [and] English
2-13 language arts, social studies, and science. The English language
2-14 arts section must include the assessment of writing competencies.
2-15 The assessment instruments must be designed to assess a student's
2-16 mastery of minimum skills necessary for high school graduation and
2-17 readiness to enroll in an institution of higher education or enter
2-18 the workforce. The Texas Higher Education Coordinating Board shall
2-19 assist the agency in determining the skills necessary for readiness
2-20 to enroll in an institution of higher education. If a student is
2-21 in a special education program under Subchapter A, Chapter 29, the
2-22 student's admission, review, and dismissal committee shall
2-23 determine whether any allowable modification is necessary in
2-24 administering to the student an assessment instrument required
2-25 under this subsection or whether the student should be exempted
2-26 under Section 39.027(a)(2). The State Board of Education shall
2-27 administer the assessment instruments. The State Board of
3-1 Education shall adopt a schedule for the administration of
3-2 secondary exit-level assessment instruments. Each student who did
3-3 not perform satisfactorily on any secondary exit-level assessment
3-4 instrument when initially tested shall be given multiple
3-5 opportunities to retake that assessment instrument. A student who
3-6 performs at or above a level established by the Texas Higher
3-7 Education Coordinating Board on the secondary exit-level assessment
3-8 instruments is exempt from the requirements of Section 51.306.
3-9 (e) Under rules adopted by the State Board of Education, the
3-10 agency shall release the questions and answer keys to each
3-11 assessment instrument administered under Subsection (a), (b), or
3-12 (c)[, or (d)] after the last time the instrument is administered
3-13 for a school year. To ensure a valid bank of questions for use
3-14 each year, the agency is not required to release a question that is
3-15 being field-tested and was not used to compute the student's score
3-16 on the instrument. The agency shall also release, under board
3-17 rule, each question that is no longer being field-tested and that
3-18 was not used to compute a student's score.
3-19 SECTION 3. Section 39.025(a), Education Code, is amended to
3-20 read as follows:
3-21 (a) A student may not receive a high school diploma until
3-22 the student has performed satisfactorily on the secondary
3-23 exit-level assessment instruments for English language arts, [and]
3-24 mathematics, social studies, and science administered under Section
3-25 39.023(c) [or on:]
3-26 [(1) the end-of-course assessment instruments adopted
3-27 under Section 39.023(d) in Algebra I and English II; and]
4-1 [(2) the end-of-course assessment instrument adopted
4-2 under Section 39.023(d) in either Biology I or United States
4-3 history].
4-4 SECTION 4. Section 39.051(b), Education Code, is amended to
4-5 read as follows:
4-6 (b) Performance on the indicators adopted under this section
4-7 shall be compared to state-established standards. The degree of
4-8 change from one school year to the next in performance on each
4-9 indicator adopted under this section shall also be considered. The
4-10 indicators must be based on information that is disaggregated with
4-11 respect to race, ethnicity, sex, and socioeconomic status and must
4-12 include:
4-13 (1) the results of assessment instruments required
4-14 under Sections 39.023(a) and (c), aggregated by grade level and
4-15 subject area;
4-16 (2) dropout rates;
4-17 (3) student attendance rates;
4-18 (4) the percentage of graduating students who attain
4-19 scores on the secondary exit-level assessment instruments required
4-20 under Subchapter B that are equivalent to a passing score on the
4-21 test instrument required under Section 51.306;
4-22 (5) the percentage of graduating students who meet the
4-23 course requirements established for the recommended high school
4-24 program by State Board of Education rule;
4-25 (6) the results of the Scholastic Assessment Test
4-26 (SAT) and the American College Test;
4-27 (7) [the percentage of students taking end-of-course
5-1 assessment instruments adopted under Section 39.023(d);]
5-2 [(8)] the percentage of students exempted, by
5-3 exemption category, from the assessment program generally
5-4 applicable under this subchapter; and
5-5 (8) [(9)] any other indicator the State Board of
5-6 Education adopts.
5-7 SECTION 5. Section 39.052(b), Education Code, is amended to
5-8 read as follows:
5-9 (b) The report card shall include the following information
5-10 where applicable:
5-11 (1) the academic excellence indicators adopted under
5-12 Sections 39.051(b)(1) through (7) [(8)];
5-13 (2) student/teacher ratios; and
5-14 (3) administrative and instructional costs per
5-15 student.
5-16 SECTION 6. Sections 39.023(d) and (j), Education Code, are
5-17 repealed.
5-18 SECTION 7. This Act takes effect September 1, 1999.
5-19 SECTION 8. The commissioner of education shall adopt rules
5-20 for the implementation of Section 39.023, Education Code, as
5-21 amended by this Act. The commissioner's rules must provide that:
5-22 (1) notwithstanding Section 39.051, Education Code,
5-23 for the 2000-2001 and 2001-2002 school years, the Texas Education
5-24 Agency may include the results of student performance on the
5-25 end-of-course assessment instrument in Algebra I under Section
5-26 39.023(d), Education Code, as that section existed before repeal by
5-27 this Act, in evaluating the performance of school districts,
6-1 campuses, and open-enrollment charter schools under Subchapter D,
6-2 Chapter 39, Education Code;
6-3 (2) not later than the 2002-2003 school year, the
6-4 State Board of Education shall administer each assessment
6-5 instrument added by this Act;
6-6 (3) not later than the 2004-2005 school year, the
6-7 Texas Education Agency shall include the results of student
6-8 performance on each assessment instrument added by this Act in
6-9 evaluating the performance of school districts, campuses, and
6-10 open-enrollment charter schools under Subchapter D, Chapter 39,
6-11 Education Code; and
6-12 (4) pending the introduction, as provided by
6-13 Subdivision (2) of this section, of any assessment instrument added
6-14 by this Act:
6-15 (A) the State Board of Education shall
6-16 administer each appropriate assessment instrument under Section
6-17 39.023, Education Code, as that section existed before amendment by
6-18 this Act;
6-19 (B) a student who performs satisfactorily on the
6-20 end-of-course assessment instruments specified by Section 39.025,
6-21 Education Code, as that section existed before amendment by this
6-22 Act, is entitled to receive a high school diploma if the student
6-23 completes all other requirements for high school graduation; and
6-24 (C) the former law is continued in effect for
6-25 the purposes provided by this subdivision.
6-26 SECTION 9. The importance of this legislation and the
6-27 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended.