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.