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           SECTION 1.  Subsection (a), Section 28.025, Education Code,
 1-4     is amended to read as follows:
 1-5           (a)  The State Board of Education by rule shall determine
 1-6     curriculum requirements for the minimum, recommended, and advanced
 1-7     high school programs that are consistent with the required
 1-8     curriculum under Section 28.002.  A student may graduate and
 1-9     receive a diploma only if:
1-10                 (1)  the student successfully completes[:]
1-11                 [(1)]  the curriculum requirements identified by the
1-12     board and complies with Section 39.025(a) [the exit-level
1-13     assessment instrument administered under Section 39.023(c) or each
1-14     end-of-course assessment instrument required to be adopted under
1-15     Section 39.023(d)]; or
1-16                 (2)  the student successfully completes an
1-17     individualized education program developed under Section 29.005.
1-18           SECTION 2.  Section 39.022, Education Code, is amended to
1-19     read as follows:
1-20           Sec. 39.022.  ASSESSMENT PROGRAM.  The State Board of
1-21     Education by rule shall create and implement a statewide assessment
1-22     program that is knowledge- and skills-based [primarily
1-23     performance-based] to ensure school accountability for student
1-24     achievement that achieves the goals provided under Section 4.002.
 2-1     After adopting rules under this section, the State Board of
 2-2     Education shall consider the importance of maintaining stability in
 2-3     the statewide assessment program when adopting any subsequent
 2-4     modification of the rules.
 2-5           SECTION 3.  Section 39.023, Education Code, is amended by
 2-6     amending Subsections (a), (b), (c), and (e) and adding Subsection
 2-7     (l) to read as follows:
 2-8           (a)  The agency shall adopt or develop appropriate
 2-9     criterion-referenced assessment instruments designed to assess
2-10     essential knowledge and skills [competencies] in reading, writing,
2-11     mathematics, social studies, and science.  All students, except
2-12     students assessed under Subsection (b) or (l) or exempted under
2-13     Section 39.027, shall be assessed in:
2-14                 (1)  mathematics, annually in grades three through
2-15     seven without the aid of technology and in grades eight through 11
2-16     with the aid of technology on any assessment instruments that
2-17     include algebra;
2-18                 (2)  reading [and mathematics], annually in grades
2-19     three through nine [eight];
2-20                 (3) [(2)]  writing, including spelling and grammar, in
2-21     grades four and seven [eight];
2-22                 (4)  English language arts, in grade 10; [and]
2-23                 (5) [(3)]  social studies, in grades eight and 10; and
2-24                 (6)  science, in grades five and 10 [at an appropriate
2-25     grade level determined by the State Board of Education].
2-26           (b)  The agency shall develop or adopt appropriate
 3-1     criterion-referenced assessment instruments to be administered to
 3-2     each student in a special education program under Subchapter A,
 3-3     Chapter 29, who receives instruction in the essential knowledge and
 3-4     skills identified under Section 28.002 but for whom the assessment
 3-5     instruments adopted under Subsection (a), even with allowable
 3-6     modifications, would not provide an appropriate measure of student
 3-7     achievement, as determined by the student's admission, review, and
 3-8     dismissal committee.  The assessment instruments required under
 3-9     this subsection must assess essential knowledge and skills
3-10     [competencies] and growth in reading, mathematics, and writing.  A
3-11     student's admission, review, and dismissal committee shall
3-12     determine whether any allowable modification is necessary in
3-13     administering to the student an assessment instrument required
3-14     under this subsection.  The assessment instruments required under
3-15     this subsection shall be administered on the same schedule as the
3-16     assessment instruments administered under Subsection (a).
3-17           (c)  The agency shall also adopt secondary exit-level
3-18     assessment instruments designed to be administered to students in
3-19     grade 11 to assess essential knowledge and skills [competencies] in
3-20     mathematics, [and] English language arts, social studies, and
3-21     science.  The mathematics section must include at least Algebra I
3-22     and geometry with the aid of technology.  The English language arts
3-23     section must include at least English III and must include the
3-24     assessment of essential knowledge and skills in writing
3-25     [competencies].  The social studies section must include early
3-26     American and United States history.  The science section must
 4-1     include at least biology and integrated chemistry and physics.  The
 4-2     assessment instruments must be designed to assess a student's
 4-3     mastery of minimum skills necessary for high school graduation and
 4-4     readiness to enroll in an institution of higher education.  If a
 4-5     student is in a special education program under Subchapter A,
 4-6     Chapter 29, the student's admission, review, and dismissal
 4-7     committee shall determine whether any allowable modification is
 4-8     necessary in administering to the student an assessment instrument
 4-9     required under this subsection or whether the student should be
4-10     exempted under Section 39.027(a)(2).  The State Board of Education
4-11     shall administer the assessment instruments.  The State Board of
4-12     Education shall adopt a schedule for the administration of
4-13     secondary exit-level assessment instruments.  Each student who did
4-14     not perform satisfactorily on any secondary exit-level assessment
4-15     instrument when initially tested shall be given multiple
4-16     opportunities to retake that assessment instrument.  A student who
4-17     performs at or above a level established by the Texas Higher
4-18     Education Coordinating Board on the secondary exit-level assessment
4-19     instruments is exempt from the requirements of Section 51.306.
4-20           (e)  Under rules adopted by the State Board of Education, the
4-21     agency shall release the questions and answer keys to each
4-22     assessment instrument administered under Subsection (a), (b), (c),
4-23     or (l) [(d)] after the last time the instrument is administered for
4-24     a school year.  To ensure a valid bank of questions for use each
4-25     year, the agency is not required to release a question that is
4-26     being field-tested and was not used to compute the student's score
 5-1     on the instrument.  The agency shall also release, under board
 5-2     rule, each question that is no longer being field-tested and that
 5-3     was not used to compute a student's score.
 5-4           (l)  The State Board of Education shall adopt rules for the
 5-5     administration of the assessment instruments adopted under
 5-6     Subsection (a) in Spanish to students in grades three through six
 5-7     who are of limited English proficiency, as defined by Section
 5-8     29.052, and whose primary language is Spanish.  Each student of
 5-9     limited English proficiency whose primary language is Spanish,
5-10     other than a student to whom Subsection (b) applies, shall be
5-11     assessed using assessment instruments in Spanish under this
5-12     subsection or assessment instruments in English under Subsection
5-13     (a).  The language proficiency assessment committee established
5-14     under Section 29.063 shall determine which students are
5-15     administered assessment instruments in Spanish under this
5-16     subsection.
5-17           SECTION 4.  Subsection (b), Section 39.024, Education Code,
5-18     is amended to read as follows:
5-19           (b)  Each school district shall offer an intensive program of
5-20     instruction for students who did not perform satisfactorily on an
5-21     assessment instrument administered under this subchapter.  The
5-22     intensive programs for students who did not perform satisfactorily
5-23     on an assessment instrument under Section 39.023(a), [or] (c), or
5-24     (l) shall be designed to enable those [the] students to be
5-25     performing at grade level at the conclusion of the next regular
5-26     school term or to attain a standard of annual growth specified by
 6-1     the agency.  The intensive programs for students who did not
 6-2     perform satisfactorily on an assessment instrument under Section
 6-3     39.023(b) shall be designed by each student's admission, review,
 6-4     and dismissal committee to enable the student to attain a standard
 6-5     of annual growth on the basis of the student's individualized
 6-6     education program.
 6-7           SECTION 5.  Subsection (a), Section 39.025, Education Code,
 6-8     is amended to read as follows:
 6-9           (a)  A student may not receive a high school diploma until
6-10     the student has performed satisfactorily on the secondary
6-11     exit-level assessment instruments for English language arts, [and]
6-12     mathematics, social studies, and science administered under Section
6-13     39.023(c).  This subsection does not require a student to
6-14     demonstrate readiness to enroll in an institution of higher
6-15     education [or on:]
6-16                 [(1)  the end-of-course assessment instruments adopted
6-17     under Section 39.023(d) in Algebra I and English II; and]
6-18                 [(2)  the end-of-course assessment instrument adopted
6-19     under Section 39.023(d) in either Biology I or United States
6-20     history].
6-21           SECTION 6.  Section 39.027, Education Code, is amended by
6-22     amending Subsections (a) and (e) and adding Subsection (f) to read
6-23     as follows:
6-24           (a)  A student may be exempted from the administration of an
6-25     assessment instrument under:
6-26                 (1)  Section 39.023(a) or (b) if the student is
 7-1     eligible for a special education program under Section 29.003 and
 7-2     the student's individualized education program does not include
 7-3     instruction in the essential knowledge and skills under Section
 7-4     28.002 at any grade level;
 7-5                 (2)  Section 39.023(c) or (d) if the student is
 7-6     eligible for a special education program under Section 29.003 and:
 7-7                       (A)  the student's individualized education
 7-8     program does not include instruction in the essential knowledge and
 7-9     skills under Section 28.002 at any grade level; or
7-10                       (B)  the assessment instrument, even with
7-11     allowable modifications, would not provide an appropriate measure
7-12     of the student's achievement as determined by the student's
7-13     admission, review, and dismissal committee; or
7-14                 (3)  Section 39.023 if the student is of limited
7-15     English proficiency, as defined by Section 29.052, and has a
7-16     primary language other than Spanish or is a recent unschooled
7-17     immigrant enrolled for less than one year.
7-18           (e)  The commissioner shall develop an assessment system that
7-19     shall be used for evaluating the academic progress, including
7-20     reading proficiency in English, of all students of limited English
7-21     proficiency, as defined by Section 29.052.  The performance under
7-22     the assessment system developed under this subsection of students
7-23     to whom Subsection (a)(3) applies shall be included in the academic
7-24     excellence indicator system under Section 39.051, the performance
7-25     report under Section 39.053, and the comprehensive biennial report
7-26     under Section 39.182.
 8-1           (f)  In this section, "average daily attendance" is computed
 8-2     in the manner provided by Section 42.005.
 8-3           SECTION 7.  Subsections (b) and (d), Section 39.051,
 8-4     Education Code, are amended to read as follows:
 8-5           (b)  Performance on the indicators adopted under this section
 8-6     shall be compared to state-established standards.  The degree of
 8-7     change from one school year to the next in performance on each
 8-8     indicator adopted under this section shall also be considered.  The
 8-9     indicators must be based on information that is disaggregated with
8-10     respect to race, ethnicity, sex, and socioeconomic status and must
8-11     include:
8-12                 (1)  the results of assessment instruments required
8-13     under Sections 39.023(a), [and] (c), and (l), aggregated by grade
8-14     level and subject area;
8-15                 (2)  dropout rates;
8-16                 (3)  student attendance rates;
8-17                 (4)  the percentage of graduating students who attain
8-18     scores on the secondary exit-level assessment instruments required
8-19     under Subchapter B that are equivalent to a passing score on the
8-20     test instrument required under Section 51.306;
8-21                 (5)  the percentage of graduating students who meet the
8-22     course requirements established for the recommended high school
8-23     program by State Board of Education rule;
8-24                 (6)  the results of the Scholastic Assessment Test
8-25     (SAT) and the American College Test;
8-26                 (7)  for students who have failed to perform
 9-1     satisfactorily on an assessment instrument required under Section
 9-2     39.023(a) or (c), the numerical progress of those students on
 9-3     subsequent assessment instruments required under those sections,
 9-4     aggregated by grade level and subject area [the percentage of
 9-5     students taking end-of-course assessment instruments adopted under
 9-6     Section 39.023(d)];
 9-7                 (8)  the percentage of students exempted, by exemption
 9-8     category, from the assessment program generally applicable under
 9-9     this subchapter; and
9-10                 (9)  any other indicator the State Board of Education
9-11     adopts.
9-12           (d)  Annually, the commissioner shall define exemplary,
9-13     recognized, and unacceptable performance for each academic
9-14     excellence indicator included under Subsections (b)(1) through (6)
9-15     and shall project the standards for each of those levels of
9-16     performance for succeeding years.  In defining exemplary,
9-17     recognized, and unacceptable performance for the indicators under
9-18     Subsections (b)(2) and (3), the commissioner may not consider as a
9-19     dropout or as a student who has failed to attend school a student
9-20     whose failure to attend school results from:
9-21                 (1)  the student's expulsion under Section 37.007; and
9-22                 (2)  as applicable:
9-23                       (A)  adjudication as having engaged in delinquent
9-24     conduct or conduct indicating a need for supervision, as defined by
9-25     Section 51.03, Family Code; or
9-26                       (B)  conviction of and sentencing for an offense
 10-1    under the Penal Code.
 10-2          SECTION 8.  The following provisions of the Education Code
 10-3    are repealed:
 10-4                (1)  Subdivision (33), Subsection (b), Section 7.055;
 10-5    and
 10-6                (2)  Subsections (d) and (j), Section 39.023.
 10-7          SECTION 9.  The commissioner of education shall adopt rules
 10-8    for the implementation of Section 39.023, Education Code, as
 10-9    amended by this Act.  The commissioner's rules must provide that:
10-10                (1)  notwithstanding Section 39.051, Education Code, as
10-11    amended by this Act, for the 2000-2001 and 2001-2002 school years,
10-12    the Texas Education Agency may include the results of student
10-13    performance on the end-of-course assessment instrument in Algebra I
10-14    under Subsection (d), Section 39.023, Education Code, as that
10-15    section existed before repeal by this Act, in evaluating the
10-16    performance of school districts, campuses, and open-enrollment
10-17    charter schools under Subchapter D, Chapter 39, Education Code;
10-18                (2)  except as provided by Subdivision (4) of this
10-19    section, not later than the 2002-2003 school year, the State Board
10-20    of Education shall administer each assessment instrument added by
10-21    this Act;
10-22                (3)  except as provided by Subdivision (5) of this
10-23    section, not later than the 2004-2005 school year, the Texas
10-24    Education Agency shall include the results of student performance
10-25    on each assessment instrument added by this Act in evaluating the
10-26    performance of school districts, campuses, and open-enrollment
 11-1    charter schools under Subchapter D, Chapter 39, Education Code;
 11-2                (4)  not later than the 2004-2005 school year, the
 11-3    State Board of Education shall administer assessment instruments
 11-4    under Subsection (b), Section 39.023, Education Code, that
 11-5    correspond to the following assessment instruments required under
 11-6    Subsection (a), Section 39.023, Education Code, as amended by this
 11-7    Act:
 11-8                      (A)  the mathematics assessment instrument
 11-9    administered in grades nine and 10;
11-10                      (B)  the reading assessment instrument
11-11    administered in grade nine; and
11-12                      (C)  the English language arts assessment
11-13    instrument administered in grade 10;
11-14                (5)  not later than the 2006-2007 school year, the
11-15    Texas Education Agency shall include the results of student
11-16    performance on each assessment instrument described by Subdivision
11-17    (4) of this section in evaluating the performance of school
11-18    districts, campuses, and open-enrollment charter schools under
11-19    Subchapter D, Chapter 39, Education Code; and
11-20                (6)  pending the introduction, as provided by
11-21    Subdivision (2) of this section, of any assessment instrument added
11-22    by this Act:
11-23                      (A)  the State Board of Education shall
11-24    administer each appropriate assessment instrument under Section
11-25    39.023, Education Code, as that section existed before amendment by
11-26    this Act;
 12-1                      (B)  a student who performs satisfactorily on the
 12-2    end-of-course assessment instruments specified by Section 39.025,
 12-3    Education Code, as that section existed before amendment by this
 12-4    Act, is entitled to receive a high school diploma if the student
 12-5    completes all other requirements for high school graduation; and
 12-6                      (C)  the former law is continued in effect for
 12-7    the purposes provided by this subdivision.
 12-8          SECTION 10.  (a)  The State Board of Education shall
 12-9    administer assessment instruments in accordance with rules adopted
12-10    under Subsection (l), Section 39.023, Education Code, as added by
12-11    this Act, not later than the 1999-2000 school year.
12-12          (b)  The performance of students under an assessment
12-13    instrument prescribed under Subsection (l), Section 39.023,
12-14    Education Code, as added by this Act, shall be included in the
12-15    accountability system as provided by Subsection (b), Section
12-16    39.051, Education Code, as amended by this Act not later than the
12-17    1999-2000 school year.
12-18          (c)  Subdivision (3), Subsection (a), Section 39.027,
12-19    Education Code, as amended by this Act, applies beginning with the
12-20    1999-2000 school year.
12-21          SECTION 11.  (a)  The commissioner of education shall conduct
12-22    a study to determine the effectiveness of changes to Subchapter B,
12-23    Chapter 39, Education Code, as amended by this Act.  This study
12-24    shall include but not be limited to evaluation of the following:
12-25                (1)  the performance of minority students on
12-26    assessments added by this Act, including changes in the performance
 13-1    gap between minority and nonminority students;
 13-2                (2)  the performance of students on assessments added
 13-3    by this Act as compared to performance on national assessments;
 13-4                (3)  the availability and utility of data on the
 13-5    academic performance of secondary students; and
 13-6                (4)  the effect of the additional assessments on the
 13-7    dropout rate.
 13-8          (b)  Not later than December 1, 2006, the commissioner of
 13-9    education shall report the results of the study required by
13-10    Subsection (a) of this section to the governor, the lieutenant
13-11    governor, the speaker of the house of representatives, and the
13-12    presiding officer of the standing committee in each house of the
13-13    legislature with primary jurisdiction over public education.
13-14          (c)  The commissioner of education shall conduct a study to
13-15    determine the need to expand the assessment system under Subchapter
13-16    B, Chapter 39, Education Code, as amended by this Act, to include
13-17    the assessment in grades seven and eight of students whose primary
13-18    language is Spanish and other students who are of limited English
13-19    proficiency as defined by Section 29.052, Education Code.
13-20          (d)  Not later than December 1, 2000, the commissioner of
13-21    education shall report the results of the study required by
13-22    Subsection (c) of this section to the governor, the lieutenant
13-23    governor, the speaker of the house of representatives, and the
13-24    presiding officer of the standing committee in each house of the
13-25    legislature with primary jurisdiction over public education.
13-26          SECTION 12.  This Act takes effect September 1, 1999.
                                                                S.B. No. 103
 14-1          SECTION 13.  The importance of this legislation and the
 14-2    crowded condition of the calendars in both houses create an
 14-3    emergency and an imperative public necessity that the
 14-4    constitutional rule requiring bills to be read on three several
 14-5    days in each house be suspended, and this rule is hereby suspended.
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 103 passed the Senate on
         April 12, 1999, by a viva-voce vote; May 27, 1999, Senate refused
         to concur in House amendments and requested appointment of
         Conference Committee; May 28, 1999, House granted request of the
         Senate; May 30, 1999, Senate adopted Conference Committee Report by
         the following vote:  Yeas 21, Nays 9.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 103 passed the House, with
         amendments, on May 25, 1999, by a non-record vote; May 28, 1999,
         House granted request of the Senate for appointment of Conference
         Committee; May 30, 1999, House adopted Conference Committee Report
         by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         ________________________________
                      Date
         ________________________________
                    Governor