76R15531 E
By Bivins S.B. No. 103
Substitute the following for S.B. No. 103:
By Sadler C.S.S.B. No. 103
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state assessments of public school students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 28.025, Education Code,
1-5 is amended to read as follows:
1-6 (a) The State Board of Education by rule shall determine
1-7 curriculum requirements for the minimum, recommended, and advanced
1-8 high school programs that are consistent with the required
1-9 curriculum under Section 28.002. A student may graduate and
1-10 receive a diploma only if:
1-11 (1) the student successfully completes[:]
1-12 [(1)] the curriculum requirements identified by the
1-13 board and complies with Section 39.025(a) [the exit-level
1-14 assessment instrument administered under Section 39.023(c) or each
1-15 end-of-course assessment instrument required to be adopted under
1-16 Section 39.023(d)]; or
1-17 (2) the student successfully completes an
1-18 individualized education program developed under Section 29.005.
1-19 SECTION 2. Subchapter D, Chapter 29, Education Code, is
1-20 amended by adding Section 29.124 to read as follows:
1-21 Sec. 29.124. ASSESSMENT STANDARDS FOR STUDENT PROJECTS. (a)
1-22 The agency shall develop standards for assessing the written or
1-23 other projects that are produced by students in a program for
2-1 gifted and talented students. The assessment standards shall be
2-2 used to assess students in grades four and eight and exit-level
2-3 students.
2-4 (b) The superintendent of a school district or the
2-5 superintendent's designee shall present annual reports to the board
2-6 of trustees of the district on the level of achievement of students
2-7 in the grade levels specified by Subsection (a) participating in a
2-8 program for gifted and talented students.
2-9 (c) Subsection (b) applies beginning with the 2003-2004
2-10 school year. This subsection expires September 1, 2004.
2-11 SECTION 3. Section 39.022, Education Code, is amended to
2-12 read as follows:
2-13 Sec. 39.022. ASSESSMENT PROGRAM. The agency [State Board of
2-14 Education] by rule shall create and implement a statewide
2-15 assessment program that is primarily performance-based to ensure
2-16 school accountability for student achievement that achieves the
2-17 goals provided under Section 4.002. After adopting rules under
2-18 this section, the agency [State Board of Education] shall consider
2-19 the importance of maintaining stability in the statewide assessment
2-20 program when adopting any subsequent modification of the rules.
2-21 SECTION 4. Subsections (a), (c), (e), and (g), Section
2-22 39.023, Education Code, are amended to read as follows:
2-23 (a) The agency shall adopt appropriate criterion-referenced
2-24 assessment instruments designed to assess competencies in reading,
2-25 writing, mathematics, social studies, and science. All students,
2-26 except students assessed under Subsection (b) or exempted under
2-27 Section 39.027, shall be assessed in:
3-1 (1) mathematics, annually in grades three through 10;
3-2 (2) reading [and mathematics], annually in grades
3-3 three through nine [eight];
3-4 (3) [(2)] writing, in grades four and seven [eight];
3-5 (4) English language arts, in grade 10; [and]
3-6 (5) [(3)] social studies, in grades eight and 10; and
3-7 (6) science, in grade 10 [at an appropriate grade
3-8 level determined by the State Board of Education].
3-9 (c) The agency shall also adopt secondary exit-level
3-10 assessment instruments designed to be administered to students in
3-11 grade 11 to assess competencies in mathematics, [and] English
3-12 language arts, social studies, and science. The mathematics
3-13 section must include at least Algebra I and geometry. The English
3-14 language arts section must include at least English III and must
3-15 include the assessment of writing competencies. The social studies
3-16 section must include United States history. The science section
3-17 must include at least biology, chemistry, and physics. The
3-18 assessment instruments must be designed to assess a student's
3-19 mastery of minimum skills necessary for high school graduation. If
3-20 a student is in a special education program under Subchapter A,
3-21 Chapter 29, the student's admission, review, and dismissal
3-22 committee shall determine whether any allowable modification is
3-23 necessary in administering to the student an assessment instrument
3-24 required under this subsection or whether the student should be
3-25 exempted under Section 39.027(a)(2). The agency [State Board of
3-26 Education] shall administer the assessment instruments. The agency
3-27 [State Board of Education] shall adopt a schedule for the
4-1 administration of secondary exit-level assessment instruments.
4-2 Each student who did not perform satisfactorily on any secondary
4-3 exit-level assessment instrument when initially tested shall be
4-4 given multiple opportunities to retake that assessment instrument.
4-5 A student who performs at or above a level established by the Texas
4-6 Higher Education Coordinating Board on the secondary exit-level
4-7 assessment instruments is exempt from the requirements of Section
4-8 51.306.
4-9 (e) Under rules adopted by the agency [State Board of
4-10 Education], the agency shall release the questions and answer keys
4-11 to each assessment instrument administered under Subsection (a),
4-12 (b), or (c)[, or (d)] after the last time the instrument is
4-13 administered for a school year. To ensure a valid bank of
4-14 questions for use each year, the agency is not required to release
4-15 a question that is being field-tested and was not used to compute
4-16 the student's score on the instrument. The agency shall also
4-17 release, under board rule, each question that is no longer being
4-18 field-tested and that was not used to compute a student's score.
4-19 (g) The agency [State Board of Education] may adopt one
4-20 appropriate, nationally recognized, norm-referenced assessment
4-21 instrument in reading and mathematics to be administered to a
4-22 selected sample of students in the spring. If adopted, a
4-23 norm-referenced assessment instrument must be a secured test. The
4-24 state may pay the costs of purchasing and scoring the adopted
4-25 assessment instrument and of distributing the results of the
4-26 adopted instrument to the school districts. A district that
4-27 administers the norm-referenced test adopted under this subsection
5-1 shall report the results to the agency in a manner prescribed by
5-2 the commissioner.
5-3 SECTION 5. Subsection (a), Section 39.024, Education Code,
5-4 is amended to read as follows:
5-5 (a) Except as otherwise provided by this subsection, the
5-6 agency [State Board of Education] shall determine the level of
5-7 performance considered to be satisfactory on the assessment
5-8 instruments. The admission, review, and dismissal committee of a
5-9 student being assessed under Section 39.023(b) shall determine the
5-10 level of performance considered to be satisfactory on the
5-11 assessment instruments administered to that student in accordance
5-12 with criteria established by agency rule.
5-13 SECTION 6. Subsection (a), Section 39.025, Education Code,
5-14 is amended to read as follows:
5-15 (a) A student may not receive a high school diploma until
5-16 the student has performed satisfactorily on the secondary
5-17 exit-level assessment instruments for English language arts, [and]
5-18 mathematics, social studies, and science administered under Section
5-19 39.023(c) [or on:]
5-20 [(1) the end-of-course assessment instruments adopted
5-21 under Section 39.023(d) in Algebra I and English II; and]
5-22 [(2) the end-of-course assessment instrument adopted
5-23 under Section 39.023(d) in either Biology I or United States
5-24 history].
5-25 SECTION 7. Section 39.026, Education Code, is amended to
5-26 read as follows:
5-27 Sec. 39.026. LOCAL OPTION. In addition to the assessment
6-1 instruments adopted and administered by the agency [and
6-2 administered by the State Board of Education], a school district
6-3 may adopt and administer criterion-referenced or norm-referenced
6-4 assessment instruments, or both, at any grade level. A
6-5 norm-referenced assessment instrument adopted under this section
6-6 must be economical, nationally recognized, and state-approved.
6-7 SECTION 8. Section 39.027(b), Education Code, is amended to
6-8 read as follows:
6-9 (b) The agency [State Board of Education] shall adopt rules
6-10 under which a dyslexic student who is not exempt under Subsection
6-11 (a) may use procedures including oral examinations if appropriate
6-12 or may be allowed additional time or the materials or technology
6-13 necessary for the student to demonstrate the student's mastery of
6-14 the competencies the assessment instruments are designed to
6-15 measure.
6-16 SECTION 9. Section 39.029, Education Code, is amended to
6-17 read as follows:
6-18 Sec. 39.029. MIGRATORY CHILDREN. The agency [State Board of
6-19 Education] by rule may provide alternate dates for the
6-20 administration of the assessment instruments to a student who is a
6-21 migratory child as defined by 20 U.S.C. Section 6399. The
6-22 alternate dates may be chosen following a consideration of migrant
6-23 work patterns, and the dates selected may afford maximum
6-24 opportunity for the students to be present when the assessment
6-25 instruments are administered.
6-26 SECTION 10. Subsection (a), Section 39.030, Education Code,
6-27 is amended to read as follows:
7-1 (a) In adopting academic skills assessment instruments under
7-2 this subchapter, the agency [State Board of Education] or a school
7-3 district shall ensure the security of the instruments and tests in
7-4 their preparation, administration, and grading. Meetings or
7-5 portions of meetings held by the State Board of Education or a
7-6 school district at which individual assessment instruments or
7-7 assessment instrument items are discussed or adopted are not open
7-8 to the public under Chapter 551, Government Code, and the
7-9 assessment instruments or assessment instrument items are
7-10 confidential.
7-11 SECTION 11. Subsections (c)-(e), Section 39.032, Education
7-12 Code, are amended to read as follows:
7-13 (c) State and national norms of averages shall be computed
7-14 using data that are not more than six years old at the time the
7-15 assessment instrument is administered and that are representative
7-16 of the group of students to whom the assessment instrument is
7-17 administered. The standardization norms shall be based on a
7-18 national probability sample that meets accepted standards for
7-19 educational and psychological testing and shall be updated at least
7-20 every six years using proven psychometric procedures approved by
7-21 the agency [State Board of Education].
7-22 (d) A company or organization that fails to comply with this
7-23 section is liable to the state in an amount equal to three times
7-24 the amount of actual damages. The actual damages are presumed to
7-25 be at least equal to the amount charged by the company or
7-26 organization to a school district for the assessment instrument,
7-27 including any charge for grading the assessment instrument. The
8-1 attorney general, a district attorney, or a county attorney may
8-2 bring suit to collect the damages on the request of the agency
8-3 [State Board of Education] or on the request of a student or a
8-4 parent or guardian of a student to whom the assessment instrument
8-5 was administered.
8-6 (e) The agency [State Board of Education] shall adopt rules
8-7 for the implementation of this section and for the maintenance of
8-8 the security of the contents of all assessment instruments.
8-9 SECTION 12. Subsection (c), Section 39.033, Education Code,
8-10 is amended to read as follows:
8-11 (c) A private school must reimburse the agency for the cost
8-12 of administering an assessment instrument under this section. The
8-13 agency [State Board of Education] shall determine the cost under
8-14 this section. The per-student cost may not exceed the cost of
8-15 administering the same assessment to a student enrolled in a public
8-16 school district.
8-17 SECTION 13. Subsections (b) and (d), Section 39.051,
8-18 Education Code, are amended to read as follows:
8-19 (b) Performance on the indicators adopted under this section
8-20 shall be compared to state-established standards. The degree of
8-21 change from one school year to the next in performance on each
8-22 indicator adopted under this section shall also be considered. The
8-23 indicators must be based on information that is disaggregated with
8-24 respect to race, ethnicity, sex, and socioeconomic status and must
8-25 include:
8-26 (1) the results of assessment instruments required
8-27 under Sections 39.023(a) and (c), aggregated by grade level and
9-1 subject area;
9-2 (2) dropout rates;
9-3 (3) student attendance rates;
9-4 (4) the percentage of graduating students who attain
9-5 scores on the secondary exit-level assessment instruments required
9-6 under Subchapter B that are equivalent to a passing score on the
9-7 test instrument required under Section 51.306;
9-8 (5) the percentage of graduating students who meet the
9-9 course requirements established for the recommended high school
9-10 program by State Board of Education rule;
9-11 (6) the results of the Scholastic Assessment Test
9-12 (SAT) and the American College Test;
9-13 (7) for students who have failed to perform
9-14 satisfactorily on an assessment instrument required under Section
9-15 39.023(a) or (c), the numerical progress of those students on
9-16 subsequent assessment instruments required under those sections,
9-17 aggregated by grade level and subject area [the percentage of
9-18 students taking end-of-course assessment instruments adopted under
9-19 Section 39.023(d)];
9-20 (8) the percentage of students exempted, by exemption
9-21 category, from the assessment program generally applicable under
9-22 this subchapter; and
9-23 (9) any other indicator the State Board of Education
9-24 adopts.
9-25 (d) Annually, the commissioner shall define exemplary,
9-26 recognized, and unacceptable performance for each academic
9-27 excellence indicator included under Subsections (b)(1) through (7)
10-1 [(6)] and shall project the standards for each of those levels of
10-2 performance for succeeding years.
10-3 SECTION 14. Subsections (b) and (c), Section 39.072,
10-4 Education Code, are amended to read as follows:
10-5 (b) The academic excellence indicators adopted under
10-6 Sections 39.051(b)(1) through (7) [(6)] shall be the main
10-7 consideration of the agency in the rating of the district under
10-8 this section. Additional criteria in the rules may include
10-9 consideration of:
10-10 (1) compliance with statutory requirements and
10-11 requirements imposed by rule of the State Board of Education under
10-12 specific statutory authority that relate to:
10-13 (A) reporting data through the Public Education
10-14 Information Management System (PEIMS);
10-15 (B) the high school graduation requirements
10-16 under Section 28.025; or
10-17 (C) an item listed in Sections
10-18 7.056(e)(3)(C)-(I) that applies to the district; and
10-19 (2) the effectiveness of the district's programs in
10-20 special education based on the agency's most recent compliance
10-21 review of the district and programs for special populations.
10-22 (c) The agency shall evaluate against state standards and
10-23 shall report the performance of each campus in a district and each
10-24 open-enrollment charter school on the basis of the campus's
10-25 performance on the indicators adopted under Sections 39.051(b)(1)
10-26 through (7) [(6)].
10-27 SECTION 15. Subsections (a) and (b), Section 39.073,
11-1 Education Code, are amended to read as follows:
11-2 (a) The agency shall annually review the performance of each
11-3 district and campus on the indicators adopted under Sections
11-4 39.051(b)(1) through (7) [(6)] and determine if a change in the
11-5 accreditation status of the district is warranted.
11-6 (b) Each annual review shall include an analysis of the
11-7 indicators under Sections 39.051(b)(1) through (7) [(6)] to
11-8 determine district and campus performance in relation to:
11-9 (1) standards established for each indicator;
11-10 (2) required improvement as defined under Section
11-11 39.051(c); and
11-12 (3) comparable improvement as defined by Section
11-13 39.051(c).
11-14 SECTION 16. Subsection (e), Section 39.074, Education Code,
11-15 is amended to read as follows:
11-16 (e) If an annual review indicates low performance on one or
11-17 more of the indicators under Sections 39.051(b)(1) through (7)
11-18 [(6)] of one or more campuses in a district, the agency may conduct
11-19 an on-site evaluation of those campuses only.
11-20 SECTION 17. Subsections (d) and (j), Section 39.023,
11-21 Education Code, are repealed.
11-22 SECTION 18. The commissioner of education shall adopt rules
11-23 for the implementation of Section 39.023, Education Code, as
11-24 amended by this Act. The commissioner's rules must provide that:
11-25 (1) notwithstanding Section 39.051, Education Code, as
11-26 amended by this Act, for the 2000-2001 and 2001-2002 school years,
11-27 the Texas Education Agency may include the results of student
12-1 performance on the end-of-course assessment instrument in Algebra I
12-2 under Subsection (d), Section 39.023, Education Code, as that
12-3 section existed before repeal by this Act, in evaluating the
12-4 performance of school districts, campuses, and open-enrollment
12-5 charter schools under Subchapter D, Chapter 39, Education Code;
12-6 (2) except as provided by Subdivision (4) of this
12-7 section, not later than the 2002-2003 school year, the Texas
12-8 Education Agency shall administer each assessment instrument added
12-9 by this Act;
12-10 (3) except as provided by Subdivision (5) of this
12-11 section, not later than the 2004-2005 school year, the Texas
12-12 Education Agency shall include the results of student performance
12-13 on each assessment instrument added by this Act in evaluating the
12-14 performance of school districts, campuses, and open-enrollment
12-15 charter schools under Subchapter D, Chapter 39, Education Code;
12-16 (4) not later than the 2004-2005 school year, the
12-17 Texas Education Agency shall administer assessment instruments
12-18 under Subsection (b), Section 39.023, Education Code, that
12-19 correspond to the following assessment instruments required under
12-20 Subsection (a), Section 39.023, Education Code, as amended by this
12-21 Act:
12-22 (A) the mathematics assessment instrument
12-23 administered in grades nine and 10;
12-24 (B) the reading assessment instrument
12-25 administered in grade nine; and
12-26 (C) the English language arts assessment
12-27 instrument administered in grade 10;
13-1 (5) not later than the 2006-2007 school year, the
13-2 Texas Education Agency shall include the results of student
13-3 performance on each assessment instrument described by Subdivision
13-4 (4) of this section in evaluating the performance of school
13-5 districts, campuses, and open-enrollment charter schools under
13-6 Subchapter D, Chapter 39, Education Code; and
13-7 (6) pending the introduction, as provided by
13-8 Subdivision (2) of this section, of any assessment instrument added
13-9 by this Act:
13-10 (A) the Texas Education Agency shall administer
13-11 each appropriate assessment instrument under Section 39.023,
13-12 Education Code, as that section existed before amendment by this
13-13 Act;
13-14 (B) a student who performs satisfactorily on the
13-15 end-of-course assessment instruments specified by Section 39.025,
13-16 Education Code, as that section existed before amendment by this
13-17 Act, is entitled to receive a high school diploma if the student
13-18 completes all other requirements for high school graduation; and
13-19 (C) the former law is continued in effect for
13-20 the purposes provided by this subdivision.
13-21 SECTION 19. (a) The commissioner of education shall conduct
13-22 a study to determine the effectiveness of changes to Subchapter B,
13-23 Chapter 39, Education Code, as amended by this Act. This study
13-24 shall include but not be limited to evaluation of the following:
13-25 (1) the performance of minority students on
13-26 assessments added by this Act, including changes in the performance
13-27 gap between minority and nonminority students;
14-1 (2) the performance of students on assessments added
14-2 by this article as compared to performance on national assessments;
14-3 (3) the availability and utility of data on the
14-4 academic performance of secondary students; and
14-5 (4) the effect of the additional assessments on the
14-6 dropout rate.
14-7 (b) Not later than December 1, 2006, the commissioner of
14-8 education shall report the results of the study to the governor,
14-9 the lieutenant governor, the speaker of the house of
14-10 representatives, and the presiding officer of the standing
14-11 committee in each house of the legislature with primary
14-12 jurisdiction over public education.
14-13 SECTION 20. This Act takes effect September 1, 1999.
14-14 SECTION 21. The importance of this legislation and the
14-15 crowded condition of the calendars in both houses create an
14-16 emergency and an imperative public necessity that the
14-17 constitutional rule requiring bills to be read on three several
14-18 days in each house be suspended, and this rule is hereby suspended.