By:  Bivins                                            S.B. No. 103
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to state assessments of public school students.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3                                 ARTICLE 1.
 1-4           SECTION 1.01.  Except as otherwise provided by this article,
 1-5     this article takes effect September 1, 1999.
 1-6           SECTION 1.02.  Subsection (a), Section 28.025, Education
 1-7     Code, is amended to read as follows:
 1-8           (a)  The State Board of Education by rule shall determine
 1-9     curriculum requirements for the minimum, recommended, and advanced
1-10     high school programs that are consistent with the required
1-11     curriculum under Section 28.002.  A student may graduate and
1-12     receive a diploma only if:
1-13                 (1)  the student successfully completes[:]
1-14                 [(1)]  the curriculum requirements identified by the
1-15     board and complies with Section 39.025(a) [the exit-level
1-16     assessment instrument administered under Section 39.023(c) or each
1-17     end-of-course assessment instrument required to be adopted under
1-18     Section 39.023(d)]; or
1-19                 (2)  the student successfully completes an
1-20     individualized education program developed under Section 29.005.
1-21           SECTION 1.03.  Subsections (a) and (c), Section 39.023,
1-22     Education Code, are amended to read as follows:
1-23           (a)  The agency shall adopt appropriate criterion-referenced
1-24     assessment instruments designed to assess competencies in reading,
 2-1     writing, mathematics, social studies, and science.  All students,
 2-2     except students assessed under Subsection (b) or exempted under
 2-3     Section 39.027, shall be assessed in:
 2-4                 (1)  mathematics, annually in grades three through 10;
 2-5                 (2)  reading [and mathematics], annually in grades
 2-6     three through nine [eight];
 2-7                 (3) [(2)]  writing, in grades four and eight;
 2-8                 (4)  English language arts, in grade 10; [and]
 2-9                 (5) [(3)]  social studies, in grades seven and 10; and
2-10                 (6)  science, in grades five and 10 [at an appropriate
2-11     grade level determined by the State Board of Education].
2-12           (c)  The agency shall also adopt secondary exit-level
2-13     assessment instruments designed to be administered to students in
2-14     grade 11 to assess competencies in mathematics, [and] English
2-15     language arts, social studies, and science.  The English language
2-16     arts section must include the assessment of writing competencies.
2-17     The assessment instruments must be designed to assess a student's
2-18     mastery of minimum skills necessary for high school graduation and
2-19     readiness to enroll in an institution of higher education.  The
2-20     Texas Higher Education Coordinating Board shall assist the agency
2-21     in determining the skills necessary for readiness to enroll in an
2-22     institution of higher education.  If a student is in a special
2-23     education program under Subchapter A, Chapter 29, the student's
2-24     admission, review, and dismissal committee shall determine whether
2-25     any allowable modification is necessary in administering to the
2-26     student an assessment instrument required under this subsection or
 3-1     whether the student should be exempted under Section 39.027(a)(2).
 3-2     The State Board of Education shall administer the assessment
 3-3     instruments.  The State Board of Education shall adopt a schedule
 3-4     for the administration of secondary exit-level assessment
 3-5     instruments.  Each student who did not perform satisfactorily on
 3-6     any secondary exit-level assessment instrument when initially
 3-7     tested shall be given multiple opportunities to retake that
 3-8     assessment instrument.  A student who performs at or above a level
 3-9     established by the Texas Higher Education Coordinating Board on the
3-10     secondary exit-level assessment instruments is exempt from the
3-11     requirements of Section 51.306.
3-12           SECTION 1.04.  (a)  This section takes effect only if S.B.
3-13     No. 1, Acts of the 76th Legislature, Regular Session, 1999, is
3-14     enacted and becomes law.  If S.B. No. 1 is not enacted or does not
3-15     become law, this section has no effect.
3-16           (b)  Subsection (e), Section 39.023, Education Code, is
3-17     amended to read as follows:
3-18           (e)  Under rules adopted by the State Board of Education, the
3-19     agency shall release the questions and answer keys to each
3-20     assessment instrument initially administered under Subsection (a),
3-21     (b), or (c)[, or (d)] after the last time the instrument is
3-22     administered for a school year.  The agency is not required to
3-23     release the questions and answer keys to an assessment instrument
3-24     administered in compliance with Section 28.0211(b) before the fifth
3-25     anniversary of the last date on which the assessment instrument is
3-26     administered.  To ensure a valid bank of questions for use each
 4-1     year, the agency is not required to release a question that is
 4-2     being field-tested and was not used to compute the student's score
 4-3     on the instrument.  The agency shall also release, under board
 4-4     rule, each question that is no longer being field-tested and that
 4-5     was not used to compute a student's score.
 4-6           SECTION 1.05.  (a)  This section takes effect only if S.B.
 4-7     No. 1, Acts of the 76th Legislature, Regular Session, 1999, is not
 4-8     enacted or does not become law.  If S.B. No. 1 is enacted and
 4-9     becomes law, this section has no effect.
4-10           (b)  Subsection (e), Section 39.023, Education Code, is
4-11     amended to read as follows:
4-12           (e)  Under rules adopted by the State Board of Education, the
4-13     agency shall release the questions and answer keys to each
4-14     assessment instrument administered under Subsection (a), (b), or
4-15     (c)[, or (d)] after the last time the instrument is administered
4-16     for a school year.  To ensure a valid bank of questions for use
4-17     each year, the agency is not required to release a question that is
4-18     being field-tested and was not used to compute the student's score
4-19     on the instrument.  The agency shall also release, under board
4-20     rule, each question that is no longer being field-tested and that
4-21     was not used to compute a student's score.
4-22           SECTION 1.06.  Subsection (a), Section 39.025, Education
4-23     Code, is amended to read as follows:
4-24           (a)  A student may not receive a high school diploma until
4-25     the student has performed satisfactorily on the secondary
4-26     exit-level assessment instruments for English language arts, [and]
 5-1     mathematics, social studies, and science administered under Section
 5-2     39.023(c) [or on:]
 5-3                 [(1)  the end-of-course assessment instruments adopted
 5-4     under Section 39.023(d) in Algebra I and English II; and]
 5-5                 [(2)  the end-of-course assessment instrument adopted
 5-6     under Section 39.023(d) in either Biology I or United States
 5-7     history].
 5-8           SECTION 1.07.  Subsection (b), Section 39.051, Education
 5-9     Code, is amended to read as follows:
5-10           (b)  Performance on the indicators adopted under this section
5-11     shall be compared to state-established standards.  The degree of
5-12     change from one school year to the next in performance on each
5-13     indicator adopted under this section shall also be considered.  The
5-14     indicators must be based on information that is disaggregated with
5-15     respect to race, ethnicity, sex, and socioeconomic status and must
5-16     include:
5-17                 (1)  the results of assessment instruments required
5-18     under Sections 39.023(a) and (c), aggregated by grade level and
5-19     subject area;
5-20                 (2)  dropout rates;
5-21                 (3)  student attendance rates;
5-22                 (4)  the percentage of graduating students who attain
5-23     scores on the secondary exit-level assessment instruments required
5-24     under Subchapter B that are equivalent to a passing score on the
5-25     test instrument required under Section 51.306;
5-26                 (5)  the percentage of graduating students who meet the
 6-1     course requirements established for the recommended high school
 6-2     program by State Board of Education rule;
 6-3                 (6)  the results of the Scholastic Assessment Test
 6-4     (SAT) and the American College Test;
 6-5                 (7)  [the percentage of students taking end-of-course
 6-6     assessment instruments adopted under Section 39.023(d);]
 6-7                 [(8)]  the percentage of students exempted, by
 6-8     exemption category, from the assessment program generally
 6-9     applicable under this subchapter; and
6-10                 (8) [(9)]  any other indicator the State Board of
6-11     Education adopts.
6-12           SECTION 1.08.  Subsection (b), Section 39.052, Education
6-13     Code, is amended to read as follows:
6-14           (b)  The report card shall include the following information
6-15     where applicable:
6-16                 (1)  the academic excellence indicators adopted under
6-17     Sections 39.051(b)(1) through (7) [(8)];
6-18                 (2)  student/teacher ratios; and
6-19                 (3)  administrative and instructional costs per
6-20     student.
6-21           SECTION 1.09.  Subsections (d) and (j), Section 39.023,
6-22     Education Code, are repealed.
6-23           SECTION 1.10.  The commissioner of education shall adopt
6-24     rules for the implementation of Section 39.023, Education Code, as
6-25     amended by this Act.  The commissioner's rules must provide that:
6-26                 (1)  notwithstanding Section 39.051, Education Code, as
 7-1     amended by this Act, for the 2000-2001 and 2001-2002 school years,
 7-2     the Texas Education Agency may include the results of student
 7-3     performance on the end-of-course assessment instrument in Algebra I
 7-4     under Subsection (d), Section 39.023, Education Code, as that
 7-5     section existed before repeal by this Act, in evaluating the
 7-6     performance of school districts, campuses, and open-enrollment
 7-7     charter schools under Subchapter D, Chapter 39, Education Code;
 7-8                 (2)  except as provided by Subdivision (4) of this
 7-9     section, not later than the 2002-2003 school year, the State Board
7-10     of Education shall administer each assessment instrument added by
7-11     this Act;
7-12                 (3)  except as provided by Subdivision (5) of this
7-13     section, not later than the 2004-2005 school year, the Texas
7-14     Education Agency shall include the results of student performance
7-15     on each assessment instrument added by this Act in evaluating the
7-16     performance of school districts,  campuses, and open-enrollment
7-17     charter schools under Subchapter D, Chapter 39, Education Code;
7-18                 (4)  not later than the 2004-2005 school year, the
7-19     State Board of Education shall administer assessment instruments
7-20     under Subsection (b), Section 39.023, Education Code, that
7-21     correspond to the following assessment instruments required under
7-22     Subsection (a), Section 39.023, Education Code, as amended by this
7-23     Act:
7-24                       (A)  the mathematics assessment instrument
7-25     administered in grades nine and 10;
7-26                       (B)  the reading assessment instrument
 8-1     administered in grade nine; and
 8-2                       (C)  the English language arts assessment
 8-3     instrument administered in grade 10;
 8-4                 (5)  not later than the 2006-2007 school year, the
 8-5     Texas Education Agency shall include the results of student
 8-6     performance on each assessment instrument described by Subdivision
 8-7     (4) of this section in evaluating the performance of school
 8-8     districts, campuses, and open-enrollment charter schools under
 8-9     Subchapter D, Chapter 39, Education Code; and
8-10                 (6)  pending the introduction, as provided by
8-11     Subdivision (2) of this section, of any assessment instrument added
8-12     by this Act:
8-13                       (A)  the State Board of Education shall
8-14     administer each appropriate assessment instrument under Section
8-15     39.023, Education Code, as that section existed before amendment by
8-16     this Act;
8-17                       (B)  a student who performs satisfactorily on the
8-18     end-of-course assessment instruments specified by Section 39.025,
8-19     Education Code, as that section existed before amendment by this
8-20     Act, is entitled to receive a high school diploma if the student
8-21     completes all other requirements for high school graduation; and
8-22                       (C)  the former law is continued in effect for
8-23     the purposes provided by this subdivision.
8-24           SECTION 1.11.  (a)  The commissioner of education shall
8-25     conduct a study to determine the effectiveness of changes to
8-26     Subchapter B, Chapter 39, Education Code, as amended by this
 9-1     article.  This study shall include but not be limited to evaluation
 9-2     of the following:
 9-3                 (1)  the performance of minority students on
 9-4     assessments added by this article, including changes in the
 9-5     performance gap between minority and nonminority students;
 9-6                 (2)  the performance of students on assessments added
 9-7     by this article as compared to performance on national assessments;
 9-8                 (3)  the availability and utility of data on the
 9-9     academic performance of secondary students; and
9-10                 (4)  the effect of the additional assessments on the
9-11     dropout rate.
9-12           (b)  Not later than December 1, 2006, the commissioner of
9-13     education shall report the results of the study to the governor,
9-14     the lieutenant governor, the speaker of the house of
9-15     representatives, and the presiding officer of the standing
9-16     committee in each house of the legislature with primary
9-17     jurisdiction over public education.
9-18                                 ARTICLE 2.
9-19           SECTION 2.01.  Except as otherwise provided by this article,
9-20     this article takes effect September 1, 2007.
9-21           SECTION 2.02.  Subsection (a), Section 28.025, Education
9-22     Code, is amended to read as follows:
9-23           (a)  The State Board of Education by rule shall determine
9-24     curriculum requirements for the minimum, recommended, and advanced
9-25     high school programs that are consistent with the required
9-26     curriculum under Section 28.002.  A student may graduate and
 10-1    receive a diploma only if the student successfully completes:
 10-2                (1)  the curriculum requirements identified by the
 10-3    board and the exit-level assessment instrument administered under
 10-4    Section 39.023(c) or each end-of-course assessment instrument
 10-5    required to be adopted under Section 39.023(d); or
 10-6                (2)  an individualized education program developed
 10-7    under Section 29.005.
 10-8          SECTION 2.03.  Subsections (a) and (c), Section 39.023,
 10-9    Education Code, are amended to read as follows:
10-10          (a)  The agency shall adopt appropriate criterion-referenced
10-11    assessment instruments designed to assess competencies in reading,
10-12    writing, mathematics, social studies, and science.  All students,
10-13    except students assessed under Subsection (b) or exempted under
10-14    Section 39.027, shall be assessed in:
10-15                (1)  reading and mathematics, annually in grades three
10-16    through eight;
10-17                (2)  writing, in grades four and eight; and
10-18                (3)  social studies and science, at an appropriate
10-19    grade level determined by the State Board of Education.
10-20          (c)  The agency shall also adopt secondary exit-level
10-21    assessment instruments designed to assess competencies in
10-22    mathematics and English language arts.  The English language arts
10-23    section must include the assessment of writing competencies.  If a
10-24    student is in a special education program under Subchapter A,
10-25    Chapter 29, the student's admission, review, and dismissal
10-26    committee shall determine whether any allowable modification is
 11-1    necessary in administering to the student an assessment instrument
 11-2    required under this subsection or whether the student should be
 11-3    exempted under Section 39.027(a)(2).  The State Board of Education
 11-4    shall administer the assessment instruments.  The State Board of
 11-5    Education shall adopt a schedule for the administration of
 11-6    secondary exit-level assessment instruments.  Each student who did
 11-7    not perform satisfactorily on any secondary exit-level assessment
 11-8    instrument when initially tested shall be given multiple
 11-9    opportunities to retake that assessment instrument.
11-10          SECTION 2.04.  Subsection (d), Section 39.023, Education
11-11    Code, is amended to read as follows:
11-12          (d)  The agency shall adopt end-of-course assessment
11-13    instruments for students in secondary grades who have completed
11-14    Algebra I, Biology I, English II, and United States history.  If a
11-15    student is in a special education program under Subchapter A,
11-16    Chapter 29, the student's admission, review, and dismissal
11-17    committee shall determine whether any allowable modification is
11-18    necessary in administering to the student an assessment instrument
11-19    required under this subsection or whether the student should be
11-20    exempted under Section 39.027(a)(2).
11-21          SECTION 2.05.  (a)  This section takes effect only if S.B.
11-22    No. 1, Acts of the 76th Legislature, Regular Session, 1999, is
11-23    enacted and becomes law.  If S.B. No. 1 is not enacted or does not
11-24    become law, this section has no effect.
11-25          (b)  Subsection (e), Section 39.023, Education Code, is
11-26    amended to read as follows:
 12-1          (e)  Under rules adopted by the State Board of Education, the
 12-2    agency shall release the questions and answer keys to each
 12-3    assessment instrument initially administered under Subsection (a),
 12-4    (b), (c), or (d) after the last time the instrument is
 12-5    administered for a school year.  The agency is not required to
 12-6    release the questions and answer keys to an assessment instrument
 12-7    administered in compliance with Section 28.0211(b) before the fifth
 12-8    anniversary of the last date on which the assessment instrument is
 12-9    administered.  To ensure a valid bank of questions for use each
12-10    year, the agency is not required to release a question that is
12-11    being field-tested and was not used to compute the student's score
12-12    on the instrument.  The agency shall also release, under board
12-13    rule, each question that is no longer being field-tested and that
12-14    was not used to compute a student's score.
12-15          SECTION 2.06.  (a)  This section takes effect only if S.B.
12-16    No. 1, Acts of the 76th Legislature, Regular Session, 1999, is not
12-17    enacted or does not become law.  If S.B. No. 1 is enacted and
12-18    becomes law, this section has no effect.
12-19          (b)  Subsection (e), Section 39.023, Education Code, is
12-20    amended to read as follows:
12-21          (e)  Under rules adopted by the State Board of Education, the
12-22    agency shall release the questions and answer keys to each
12-23    assessment instrument administered under Subsection (a), (b), (c),
12-24    or (d) after the last time the instrument is administered for a
12-25    school year.  To ensure a valid bank of questions for use each
12-26    year, the agency is not required to release a question that is
 13-1    being field-tested and was not used to compute the student's score
 13-2    on the instrument.  The agency shall also release, under board
 13-3    rule, each question that is no longer being field-tested and that
 13-4    was not used to compute a student's score.
 13-5          SECTION 2.07.  Subsection (a), Section 39.025, Education
 13-6    Code, is amended to read as follows:
 13-7          (a)  A student may not receive a high school diploma until
 13-8    the student has performed satisfactorily on the secondary
 13-9    exit-level assessment instruments for English language arts and
13-10    mathematics administered under Section 39.023(c) or on:
13-11                (1)  the end-of-course assessment instruments adopted
13-12    under Section 39.023(d) in Algebra I and English II; and
13-13                (2)  the end-of-course assessment instrument adopted
13-14    under Section 39.023(d) in either Biology I or United States
13-15    history.
13-16          SECTION 2.08.  Subsection (b), Section 39.051, Education
13-17    Code, is amended to read as follows:
13-18          (b)  Performance on the indicators adopted under this section
13-19    shall be compared to state-established standards.  The degree of
13-20    change from one school year to the next in performance on each
13-21    indicator adopted under this section shall also be considered.  The
13-22    indicators must be based on information that is disaggregated with
13-23    respect to race, ethnicity, sex, and socioeconomic status and must
13-24    include:
13-25                (1)  the results of assessment instruments required
13-26    under Sections 39.023(a) and (c), aggregated by grade level and
 14-1    subject area;
 14-2                (2)  dropout rates;
 14-3                (3)  student attendance rates;
 14-4                (4)  the percentage of graduating students who attain
 14-5    scores on the secondary exit-level assessment instruments required
 14-6    under Subchapter B that are equivalent to a passing score on the
 14-7    test instrument required under Section 51.306;
 14-8                (5)  the percentage of graduating students who meet the
 14-9    course requirements established for the recommended high school
14-10    program by State Board of Education rule;
14-11                (6)  the results of the Scholastic Assessment Test
14-12    (SAT) and the American College Test;
14-13                (7)  the percentage of students taking end-of-course
14-14    assessment instruments adopted under Section 39.023(d);
14-15                (8)  the percentage of students exempted, by exemption
14-16    category, from the assessment program generally applicable under
14-17    this subchapter; and
14-18                (9)  any other indicator the State Board of Education
14-19    adopts.
14-20          SECTION 2.09.  Subsection (b), Section 39.052, Education
14-21    Code, is amended to read as follows:
14-22          (b)  The report card shall include the following information
14-23    where applicable:
14-24                (1)  the academic excellence indicators adopted under
14-25    Sections 39.051(b)(1) through (8);
14-26                (2)  student/teacher ratios; and
 15-1                (3)  administrative and instructional costs per
 15-2    student.
 15-3          SECTION 2.10.  The commissioner of education shall adopt
 15-4    rules for the implementation of Section 39.023, Education Code, as
 15-5    amended by this article.  The commissioner's rules must provide
 15-6    that:
 15-7                (1)  notwithstanding Section 39.051, Education Code, as
 15-8    amended by this article, the Texas Education Agency may include the
 15-9    results of student performance on any assessment instrument under
15-10    Subsection (a), Section 39.023, Education Code, as that section
15-11    existed before amendment by this article, in evaluating the
15-12    performance of school districts, campuses, and open-enrollment
15-13    charter schools under Subchapter D, Chapter 39, Education Code; and
15-14                (2)  pending the introduction of any assessment
15-15    instrument added by this article:
15-16                      (A)  the State Board of Education shall
15-17    administer each appropriate assessment instrument under Section
15-18    39.023, Education Code, as that section existed before amendment by
15-19    this article;
15-20                      (B)  a student who performs satisfactorily on the
15-21    assessment instruments specified by Section 39.025, Education Code,
15-22    as that section existed before amendment by this article, is
15-23    entitled to receive a high school diploma if the student completes
15-24    all other requirements for high school graduation; and
15-25                      (C)  the former law is continued in effect for
15-26    the purposes provided by this subdivision.
 16-1                                ARTICLE 3.
 16-2          SECTION 3.01.  The importance of this legislation and the
 16-3    crowded condition of the calendars in both houses create an
 16-4    emergency and an imperative public necessity that the
 16-5    constitutional rule requiring bills to be read on three several
 16-6    days in each house be suspended, and this rule is hereby suspended.