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.
 1-4           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.