By Grusendorf, Burnam, Averitt H.B. No. 1144 Substitute the following for H.B. No. 1144: By Dunnam C.S.H.B. No. 1144 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to public school accountability. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 7, Education Code, is 1-5 amended by adding Section 7.006 to read as follows: 1-6 Sec. 7.006. COORDINATION OF RECORDS. The commissioner of 1-7 education and the commissioner of higher education shall ensure 1-8 that records relating to student performance held by the Texas 1-9 Education Agency and the Texas Higher Education Coordinating Board 1-10 are coordinated and maintained in standardized, compatible formats 1-11 that permit: 1-12 (1) the exchange of information between the agencies; 1-13 and 1-14 (2) the matching of individual student records so that 1-15 a student's academic performance may be assessed throughout the 1-16 student's educational career. 1-17 SECTION 2. Section 39.023, Education Code, is amended by 1-18 adding Subsection (d), amending Subsections (e) and (i) and adding 1-19 Subsection (j) to read as follows: 1-20 (d) The commissioner may participate in multistate efforts 1-21 to develop voluntary standardized end-of-course assessment 1-22 instruments. The commissioner by rule may require a school 1-23 district to administer an end-of-course assessment instrument 1-24 developed through the multistate efforts. The admission, review, 2-1 and dismissal committee of a student in a special education program 2-2 under Subchapter A, Chapter 29, shall determine whether any 2-3 allowable modification is necessary in administering to the student 2-4 an end-of-course assessment instrument or whether the student 2-5 should be exempted under Section 39.027(a)(2). 2-6 (e) Under rules adopted by the State Board of Education, the 2-7 agency shall release the questions and answer keys to each 2-8 assessment instrument administered under Subsection (a), (b), (c), 2-9 (d), or (l) after the last time the instrument is administered for 2-10 a school year. To ensure a valid bank of questions for use each 2-11 year, the agency is not required to release a question that is 2-12 being field-tested and was not used to compute the student's score 2-13 on the instrument. The agency shall also release, under board 2-14 rule, each question that is no longer being field-tested and that 2-15 was not used to compute a student's score. 2-16 (i) The provisions of this section, except Subsection (d), 2-17 are subject to modification by rules adopted under Section 39.022. 2-18 Each assessment instrument adopted under those rules and each 2-19 assessment instrument required under Subsection (d) must be 2-20 reliable and valid and must meet any applicable federal 2-21 requirements for measurement of student progress. 2-22 (j) The commissioner shall develop a standardized 2-23 end-of-course assessment instrument for Algebra I. The 2-24 commissioner by rule may require a school district to administer an 2-25 end-of-course assessment instrument in Algebra I. The admission, 2-26 review, and dismissal committee of a student in a special education 2-27 program under Subchapter A, Chapter 29, shall determine whether any 3-1 allowable modification is necessary in administering to the student 3-2 an end-of-course assessment instrument or whether the student 3-3 should be exempted under Section 39.027(a)(2). 3-4 SECTION 3. (a) Subchapter D, Chapter 39, Education Code, is 3-5 amended by adding Section 39.0721 to read as follows: 3-6 Sec. 39.0721. VOLUNTARY GOLD PERFORMANCE RATING PROGRAM. (a) 3-7 In addition to district and campus performance ratings reported 3-8 under Section 39.072, the commissioner, in consultation with an 3-9 advisory committee appointed under this section, shall develop a 3-10 voluntary gold performance rating program based on enhanced 3-11 performance. The agency shall administer the program. 3-12 (b) Under the voluntary gold performance rating program, a 3-13 district or campus rated exemplary under Section 39.072 may apply 3-14 to the agency for an exemplary gold rating, a district or campus 3-15 rated recognized may apply for a recognized gold rating, and a 3-16 district or campus rated academically acceptable may apply for an 3-17 academically acceptable gold rating. 3-18 (c) The performance standards on which a voluntary gold 3-19 performance rating is based should include: 3-20 (1) student proficiency on: 3-21 (A) assessment instruments administered under 3-22 Sections 39.023(a), (c), and (l); and 3-23 (B) other measures of proficiency determined by 3-24 the commissioner; 3-25 (2) student performance on one or more nationally 3-26 recognized norm-referenced assessment instruments; 3-27 (3) improvement in student performance; 4-1 (4) in the case of middle or junior high school 4-2 campuses, student proficiency in mathematics, including algebra; 4-3 and 4-4 (5) in the case of high school campuses: 4-5 (A) the extent to which graduating students are 4-6 academically prepared to attend institutions of higher education; 4-7 and 4-8 (B) the percentage of students who take advanced 4-9 placement tests and student performance on those tests. 4-10 (d) The advisory committee assisting the commissioner in 4-11 developing the voluntary gold performance rating program consists 4-12 of seven members appointed by the commissioner as follows: 4-13 (1) two public school teachers; 4-14 (2) two public school administrators; and 4-15 (3) three persons with experience in the area of 4-16 public school accountability. 4-17 (e) The commissioner may adopt rules as necessary to 4-18 implement and administer this section, including rules establishing 4-19 a procedure and form a district or campus must use in applying to 4-20 the agency for a voluntary rating. 4-21 (b) Not later than March 1, 2002, the commissioner of 4-22 education shall appoint members to the advisory committee for the 4-23 voluntary gold performance rating program as provided by Section 4-24 39.0721(d), Education Code, as added by Subsection (a) of this 4-25 section. 4-26 (c) Not later than March 30, 2006, the commissioner of 4-27 education shall complete development of the voluntary gold 5-1 performance rating system as provided by Section 39.0721, Education 5-2 Code, as added by Subsection (a) of this section, and shall adopt 5-3 any rules necessary for implementation and administration of 5-4 Section 39.0721, Education Code. 5-5 (d) Beginning with the 2006-2007 school year or an earlier 5-6 school year, the Texas Education Agency shall implement the 5-7 voluntary gold performance rating program under Section 39.0721, 5-8 Education Code, as added by Subsection (a) of this section. 5-9 SECTION 4. This Act takes effect immediately if it receives 5-10 a vote of two-thirds of all the members elected to each house, as 5-11 provided by Section 39, Article III, Texas Constitution. If this 5-12 Act does not receive the vote necessary for immediate effect, this 5-13 Act takes effect September 1, 2001.