1-1 By: Bivins S.B. No. 103
1-2 (In the Senate - Filed December 17, 1998; January 28, 1999,
1-3 read first time and referred to Committee on Education;
1-4 April 7, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 7, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 103 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to state assessments of public school students.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 28.025, Education Code,
1-13 is amended to read as follows:
1-14 (a) The State Board of Education by rule shall determine
1-15 curriculum requirements for the minimum, recommended, and advanced
1-16 high school programs that are consistent with the required
1-17 curriculum under Section 28.002. A student may graduate and
1-18 receive a diploma only if:
1-19 (1) the student successfully completes[:]
1-20 [(1)] the curriculum requirements identified by the
1-21 board and complies with Section 39.025(a) [the exit-level
1-22 assessment instrument administered under Section 39.023(c) or each
1-23 end-of-course assessment instrument required to be adopted under
1-24 Section 39.023(d)]; or
1-25 (2) the student successfully completes an
1-26 individualized education program developed under Section 29.005.
1-27 SECTION 2. Subsections (a) and (c), Education Code, are
1-28 amended to read as follows:
1-29 (a) The agency shall adopt appropriate criterion-referenced
1-30 assessment instruments designed to assess competencies in reading,
1-31 writing, mathematics, social studies, and science. All students,
1-32 except students assessed under Subsection (b) or exempted under
1-33 Section 39.027, shall be assessed in:
1-34 (1) mathematics, annually in grades three through 10;
1-35 (2) reading [and mathematics], annually in grades
1-36 three through nine [eight];
1-37 (3) [(2)] writing, in grades four and eight;
1-38 (4) English language arts, in grade 10; [and]
1-39 (5) [(3)] social studies, in grades seven and 10; and
1-40 (6) science, in grades five and 10 [at an appropriate
1-41 grade level determined by the State Board of Education].
1-42 (c) The agency shall also adopt secondary exit-level
1-43 assessment instruments designed to be administered to students in
1-44 grade 11 to assess competencies in mathematics, [and] English
1-45 language arts, social studies, and science. The English language
1-46 arts section must include the assessment of writing competencies.
1-47 The assessment instruments must be designed to assess a student's
1-48 mastery of minimum skills necessary for high school graduation and
1-49 readiness to enroll in an institution of higher education. The
1-50 Texas Higher Education Coordinating Board shall assist the agency
1-51 in determining the skills necessary for readiness to enroll in an
1-52 institution of higher education. If a student is in a special
1-53 education program under Subchapter A, Chapter 29, the student's
1-54 admission, review, and dismissal committee shall determine whether
1-55 any allowable modification is necessary in administering to the
1-56 student an assessment instrument required under this subsection or
1-57 whether the student should be exempted under Section 39.027(a)(2).
1-58 The State Board of Education shall administer the assessment
1-59 instruments. The State Board of Education shall adopt a schedule
1-60 for the administration of secondary exit-level assessment
1-61 instruments. Each student who did not perform satisfactorily on
1-62 any secondary exit-level assessment instrument when initially
1-63 tested shall be given multiple opportunities to retake that
1-64 assessment instrument. A student who performs at or above a level
2-1 established by the Texas Higher Education Coordinating Board on the
2-2 secondary exit-level assessment instruments is exempt from the
2-3 requirements of Section 51.306.
2-4 SECTION 3. (a) This section takes effect only if S.B. No.
2-5 1, Acts of the 76th Legislature, Regular Session, 1999, is enacted
2-6 and becomes law. If S.B. No. 1 is not enacted or does not become
2-7 law, this section has no effect.
2-8 (b) Subsection (e), Section 39.023, Education Code, is
2-9 amended to read as follows:
2-10 (e) Under rules adopted by the State Board of Education, the
2-11 agency shall release the questions and answer keys to each
2-12 assessment instrument initially administered under Subsection (a),
2-13 (b), or (c)[, or (d)] after the last time the instrument is
2-14 administered for a school year. The agency is not required to
2-15 release the questions and answer keys to an assessment instrument
2-16 administered in compliance with Section 28.0211(b) before the fifth
2-17 anniversary of the last date on which the assessment instrument is
2-18 administered. To ensure a valid bank of questions for use each
2-19 year, the agency is not required to release a question that is
2-20 being field-tested and was not used to compute the student's score
2-21 on the instrument. The agency shall also release, under board
2-22 rule, each question that is no longer being field-tested and that
2-23 was not used to compute a student's score.
2-24 SECTION 4. (a) This section takes effect only if S.B. No.
2-25 1, Acts of the 76th Legislature, Regular Session, 1999, is not
2-26 enacted or does not become law. If S.B. No. 1 is enacted and
2-27 becomes law, this section has no effect.
2-28 (b) Subsection (e), Section 39.023, Education Code, is
2-29 amended to read as follows:
2-30 (e) Under rules adopted by the State Board of Education, the
2-31 agency shall release the questions and answer keys to each
2-32 assessment instrument administered under Subsection (a), (b), or
2-33 (c)[, or (d)] after the last time the instrument is administered
2-34 for a school year. To ensure a valid bank of questions for use
2-35 each year, the agency is not required to release a question that is
2-36 being field-tested and was not used to compute the student's score
2-37 on the instrument. The agency shall also release, under board
2-38 rule, each question that is no longer being field-tested and that
2-39 was not used to compute a student's score.
2-40 SECTION 5. Subsection (a), Section 39.025, Education Code,
2-41 is amended to read as follows:
2-42 (a) A student may not receive a high school diploma until
2-43 the student has performed satisfactorily on the secondary
2-44 exit-level assessment instruments for English language arts, [and]
2-45 mathematics, social studies, and science administered under Section
2-46 39.023(c) [or on:]
2-47 [(1) the end-of-course assessment instruments adopted
2-48 under Section 39.023(d) in Algebra I and English II; and]
2-49 [(2) the end-of-course assessment instrument adopted
2-50 under Section 39.023(d) in either Biology I or United States
2-51 history].
2-52 SECTION 6. Subsection (b), Section 39.051, Education Code,
2-53 is amended to read as follows:
2-54 (b) Performance on the indicators adopted under this section
2-55 shall be compared to state-established standards. The degree of
2-56 change from one school year to the next in performance on each
2-57 indicator adopted under this section shall also be considered. The
2-58 indicators must be based on information that is disaggregated with
2-59 respect to race, ethnicity, sex, and socioeconomic status and must
2-60 include:
2-61 (1) the results of assessment instruments required
2-62 under Sections 39.023(a) and (c), aggregated by grade level and
2-63 subject area;
2-64 (2) dropout rates;
2-65 (3) student attendance rates;
2-66 (4) the percentage of graduating students who attain
2-67 scores on the secondary exit-level assessment instruments required
2-68 under Subchapter B that are equivalent to a passing score on the
2-69 test instrument required under Section 51.306;
3-1 (5) the percentage of graduating students who meet the
3-2 course requirements established for the recommended high school
3-3 program by State Board of Education rule;
3-4 (6) the results of the Scholastic Assessment Test
3-5 (SAT) and the American College Test;
3-6 (7) [the percentage of students taking end-of-course
3-7 assessment instruments adopted under Section 39.023(d);]
3-8 [(8)] the percentage of students exempted, by
3-9 exemption category, from the assessment program generally
3-10 applicable under this subchapter; and
3-11 (8) [(9)] any other indicator the State Board of
3-12 Education adopts.
3-13 SECTION 7. Subsection (b), Section 39.052, Education Code,
3-14 is amended to read as follows:
3-15 (b) The report card shall include the following information
3-16 where applicable:
3-17 (1) the academic excellence indicators adopted under
3-18 Sections 39.051(b)(1) through (7) [(8)];
3-19 (2) student/teacher ratios; and
3-20 (3) administrative and instructional costs per
3-21 student.
3-22 SECTION 8. Subsections (d) and (j), Section 39.023,
3-23 Education Code, are repealed.
3-24 SECTION 9. This Act takes effect September 1, 1999.
3-25 SECTION 10. The commissioner of education shall adopt rules
3-26 for the implementation of Section 39.023, Education Code, as
3-27 amended by this Act. The commissioner's rules must provide that:
3-28 (1) notwithstanding Section 39.051, Education Code, as
3-29 amended by this Act, for the 2000-2001 and 2001-2002 school years,
3-30 the Texas Education Agency may include the results of student
3-31 performance on the end-of-course assessment instrument in Algebra I
3-32 under Subsection (d), Section 39.023, Education Code, as that
3-33 section existed before repeal by this Act, in evaluating the
3-34 performance of school districts, campuses, and open-enrollment
3-35 charter schools under Subchapter D, Chapter 39, Education Code;
3-36 (2) except as provided by Subdivision (4) of this
3-37 section, not later than the 2002-2003 school year, the State Board
3-38 of Education shall administer each assessment instrument added by
3-39 this Act;
3-40 (3) except as provided by Subdivision (5) of this
3-41 section, not later than the 2004-2005 school year, the Texas
3-42 Education Agency shall include the results of student performance
3-43 on each assessment instrument added by this Act in evaluating the
3-44 performance of school districts, campuses, and open-enrollment
3-45 charter schools under Subchapter D, Chapter 39, Education Code;
3-46 (4) not later than the 2004-2005 school year, the
3-47 State Board of Education shall administer assessment instruments
3-48 under Subsection (b), Section 39.023, Education Code, that
3-49 correspond to the following assessment instruments required under
3-50 Subsection (a), Section 39.023, Education Code, as amended by this
3-51 Act:
3-52 (A) the mathematics assessment instrument
3-53 administered in grades nine and 10;
3-54 (B) the reading assessment instrument
3-55 administered in grade nine; and
3-56 (C) the English language arts assessment
3-57 instrument administered in grade 10;
3-58 (5) not later than the 2006-2007 school year, the
3-59 Texas Education Agency shall include the results of student
3-60 performance on each assessment instrument described by Subdivision
3-61 (4) of this section in evaluating the performance of school
3-62 districts, campuses, and open-enrollment charter schools under
3-63 Subchapter D, Chapter 39, Education Code; and
3-64 (6) pending the introduction, as provided by
3-65 Subdivision (2) of this section, of any assessment instrument added
3-66 by this Act:
3-67 (A) the State Board of Education shall
3-68 administer each appropriate assessment instrument under Section
3-69 39.023, Education Code, as that section existed before amendment by
4-1 this Act;
4-2 (B) a student who performs satisfactorily on the
4-3 end-of-course assessment instruments specified by Section 39.025,
4-4 Education Code, as that section existed before amendment by this
4-5 Act, is entitled to receive a high school diploma if the student
4-6 completes all other requirements for high school graduation; and
4-7 (C) the former law is continued in effect for
4-8 the purposes provided by this subdivision.
4-9 SECTION 11. (a) The commissioner of education shall conduct
4-10 a study to determine the effectiveness of changes to Subchapter B,
4-11 Chapter 39, Education Code, as amended by this Act. This study
4-12 shall include but not be limited to evaluation of the following:
4-13 (1) the performance of minority students on
4-14 assessments added by this Act including changes in the minority
4-15 performance gap;
4-16 (2) the performance of students on assessments added
4-17 by this Act as compared to performance on national assessments;
4-18 (3) the availability and utility of data on the
4-19 academic performance of secondary students; and
4-20 (4) the effect of the additional assessments on the
4-21 dropout rate.
4-22 (b) Not later than December 1, 2006, the commissioner of
4-23 education shall report the results of the study to the governor,
4-24 the lieutenant governor, the speaker of the house of
4-25 representatives, and the presiding officer of the standing
4-26 committee in each house of the legislature with primary
4-27 jurisdiction over public education.
4-28 SECTION 12. Section 39.023, Education Code, is repealed
4-29 effective August 31, 2007.
4-30 SECTION 13. The importance of this legislation and the
4-31 crowded condition of the calendars in both houses create an
4-32 emergency and an imperative public necessity that the
4-33 constitutional rule requiring bills to be read on three several
4-34 days in each house be suspended, and this rule is hereby suspended.
4-35 * * * * *