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