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.