By Bivins                                              S.B. No. 103
         76R3223 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to state assessments of public school students.
 1-4           SECTION 1.  Section 28.025(a), Education Code, is amended to
 1-5     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.  Sections 39.023(a), (c), and (e), Education Code,
1-20     are amended to read as follows:
1-21           (a)  The agency shall adopt appropriate criterion-referenced
1-22     assessment instruments designed to assess competencies in reading,
1-23     writing, mathematics, social studies, and science.  All students,
1-24     except students assessed under Subsection (b) or exempted under
 2-1     Section 39.027, shall be assessed in:
 2-2                 (1)  reading and mathematics, annually in grades three
 2-3     through 10 [eight];
 2-4                 (2)  writing, in grades four, six, [and] eight, and 10;
 2-5     [and]
 2-6                 (3)  social studies, in grades four, eight, and 10; and
 2-7                 (4)  science, in grades five, seven, and 10 [at an
 2-8     appropriate grade level determined by the State Board of
 2-9     Education].
2-10           (c)  The agency shall also adopt secondary exit-level
2-11     assessment instruments designed to be administered to students in
2-12     grade 11 to assess competencies in mathematics, [and] English
2-13     language arts, social studies, and science.  The English language
2-14     arts section must include the assessment of writing competencies.
2-15     The assessment instruments must be designed to assess a student's
2-16     mastery of minimum skills necessary for high school graduation and
2-17     readiness to enroll in an institution of higher education or enter
2-18     the workforce.  The Texas Higher Education Coordinating Board shall
2-19     assist the agency in determining the skills necessary for readiness
2-20     to enroll in an institution of higher education.  If a student is
2-21     in a special education program under Subchapter A, Chapter 29, the
2-22     student's admission, review, and dismissal committee shall
2-23     determine whether any allowable modification is necessary in
2-24     administering to the student an assessment instrument required
2-25     under this subsection or whether the student should be exempted
2-26     under Section 39.027(a)(2).  The State Board of Education shall
2-27     administer the assessment instruments.  The State Board of
 3-1     Education shall adopt a schedule for the administration of
 3-2     secondary exit-level assessment instruments.  Each student who did
 3-3     not perform satisfactorily on any secondary exit-level assessment
 3-4     instrument when initially tested shall be given multiple
 3-5     opportunities to retake that assessment instrument.  A student who
 3-6     performs at or above a level established by the Texas Higher
 3-7     Education Coordinating Board on the secondary exit-level assessment
 3-8     instruments is exempt from the requirements of Section 51.306.
 3-9           (e)  Under rules adopted by the State Board of Education, the
3-10     agency shall release the questions and answer keys to each
3-11     assessment instrument administered under Subsection (a), (b), or
3-12     (c)[, or (d)] after the last time the instrument is administered
3-13     for a school year.  To ensure a valid bank of questions for use
3-14     each year, the agency is not required to release a question that is
3-15     being field-tested and was not used to compute the student's score
3-16     on the instrument.  The agency shall also release, under board
3-17     rule, each question that is no longer being field-tested and that
3-18     was not used to compute a student's score.
3-19           SECTION 3.  Section 39.025(a), Education Code, is amended to
3-20     read as follows:
3-21           (a)  A student may not receive a high school diploma until
3-22     the student has performed satisfactorily on the secondary
3-23     exit-level assessment instruments for English language arts, [and]
3-24     mathematics, social studies, and science administered under Section
3-25     39.023(c) [or on:]
3-26                 [(1)  the end-of-course assessment instruments adopted
3-27     under Section 39.023(d) in Algebra I and English II; and]
 4-1                 [(2)  the end-of-course assessment instrument adopted
 4-2     under Section 39.023(d) in either Biology I or United States
 4-3     history].
 4-4           SECTION 4.  Section 39.051(b), Education Code, is amended to
 4-5     read as follows:
 4-6           (b)  Performance on the indicators adopted under this section
 4-7     shall be compared to state-established standards.  The degree of
 4-8     change from one school year to the next in performance on each
 4-9     indicator adopted under this section shall also be considered.  The
4-10     indicators must be based on information that is disaggregated with
4-11     respect to race, ethnicity, sex, and socioeconomic status and must
4-12     include:
4-13                 (1)  the results of assessment instruments required
4-14     under Sections 39.023(a) and (c), aggregated by grade level and
4-15     subject area;
4-16                 (2)  dropout rates;
4-17                 (3)  student attendance rates;
4-18                 (4)  the percentage of graduating students who attain
4-19     scores on the secondary exit-level assessment instruments required
4-20     under Subchapter B that are equivalent to a passing score on the
4-21     test instrument required under Section 51.306;
4-22                 (5)  the percentage of graduating students who meet the
4-23     course requirements established for the recommended high school
4-24     program by State Board of Education rule;
4-25                 (6)  the results of the Scholastic Assessment Test
4-26     (SAT) and the American College Test;
4-27                 (7)  [the percentage of students taking end-of-course
 5-1     assessment instruments adopted under Section 39.023(d);]
 5-2                 [(8)]  the percentage of students exempted, by
 5-3     exemption category, from the assessment program generally
 5-4     applicable under this subchapter; and
 5-5                 (8) [(9)]  any other indicator the State Board of
 5-6     Education adopts.
 5-7           SECTION 5.  Section 39.052(b), Education Code, is amended to
 5-8     read as follows:
 5-9           (b)  The report card shall include the following information
5-10     where applicable:
5-11                 (1)  the academic excellence indicators adopted under
5-12     Sections 39.051(b)(1) through (7) [(8)];
5-13                 (2)  student/teacher ratios; and
5-14                 (3)  administrative and instructional costs per
5-15     student.
5-16           SECTION 6.  Sections 39.023(d) and (j), Education Code, are
5-17     repealed.
5-18           SECTION 7.  This Act takes effect September 1, 1999.
5-19           SECTION 8.  The commissioner of education shall adopt rules
5-20     for the implementation of Section 39.023, Education Code, as
5-21     amended by this Act. The commissioner's rules must provide that:
5-22                 (1)  notwithstanding Section 39.051, Education Code,
5-23     for the 2000-2001 and 2001-2002 school years, the Texas Education
5-24     Agency may include the results of student performance on the
5-25     end-of-course assessment instrument in Algebra I under Section
5-26     39.023(d), Education Code, as that section existed before repeal by
5-27     this Act, in evaluating the performance of school districts,
 6-1     campuses, and open-enrollment charter schools under Subchapter D,
 6-2     Chapter 39, Education Code;
 6-3                 (2)  not later than the 2002-2003 school year, the
 6-4     State Board of Education shall administer each assessment
 6-5     instrument added by this Act;
 6-6                 (3)  not later than the 2004-2005 school year, the
 6-7     Texas Education Agency shall include the results of student
 6-8     performance on each assessment instrument added by this Act in
 6-9     evaluating the performance of school districts,  campuses, and
6-10     open-enrollment charter schools under Subchapter D, Chapter 39,
6-11     Education Code; and
6-12                 (4)  pending the introduction, as provided by
6-13     Subdivision (2) of this section, of any assessment instrument added
6-14     by this Act:
6-15                       (A)  the State Board of Education shall
6-16     administer each appropriate assessment instrument under Section
6-17     39.023, Education Code, as that section existed before amendment by
6-18     this Act;
6-19                       (B)  a student who performs satisfactorily on the
6-20     end-of-course assessment instruments specified by Section 39.025,
6-21     Education Code, as that section existed before amendment by this
6-22     Act, is entitled to receive a high school diploma if the student
6-23     completes all other requirements for high school graduation; and
6-24                       (C)  the former law is continued in effect for
6-25     the purposes provided by this subdivision.
6-26           SECTION 9.  The importance of this legislation and the
6-27     crowded condition of the calendars in both houses create an
 7-1     emergency and an imperative public necessity that the
 7-2     constitutional rule requiring bills to be read on three several
 7-3     days in each house be suspended, and this rule is hereby suspended.