By Delisi                                             H.B. No. 1648
         77R462 KEL-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to abolishing the Texas Academic Skills Program.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Sections 51.306 and 51.3061, Education Code, are
 1-5     repealed.
 1-6           SECTION 2. Section 39.023(c), Education Code, is amended to
 1-7     read as follows:
 1-8           (c)  The agency shall also adopt secondary exit-level
 1-9     assessment instruments designed to be administered to students in
1-10     grade 11 to assess essential knowledge and skills in mathematics,
1-11     English language arts, social studies, and science.  The
1-12     mathematics section must include at least Algebra I and geometry
1-13     with the aid of technology.  The English language arts section must
1-14     include at least English III and must include the assessment of
1-15     essential knowledge and skills in writing. The social studies
1-16     section must include early American and United States history.  The
1-17     science section must include at least biology and integrated
1-18     chemistry and physics.  The assessment instruments must be designed
1-19     to assess a student's mastery of minimum skills necessary for high
1-20     school graduation and readiness to enroll in an institution of
1-21     higher education.  If a student is in a special education program
1-22     under Subchapter A, Chapter 29, the student's admission, review,
1-23     and dismissal committee shall determine whether any allowable
1-24     modification is necessary in administering to the student an
 2-1     assessment instrument required under this subsection or whether the
 2-2     student should be exempted under Section 39.027(a)(2).  The State
 2-3     Board of Education shall administer the assessment instruments. The
 2-4     State Board of Education shall adopt a schedule for the
 2-5     administration of secondary exit-level assessment instruments. Each
 2-6     student who did not perform satisfactorily on any secondary
 2-7     exit-level assessment instrument when initially tested shall be
 2-8     given multiple opportunities to retake that assessment instrument.
 2-9     [A student who performs at or above a level established by the
2-10     Texas Higher Education Coordinating Board on the secondary
2-11     exit-level assessment instruments is exempt from the requirements
2-12     of Section 51.306.]
2-13           SECTION 3. Section 39.051(b), Education Code, as amended by
2-14     Chapters 396, 397, and 1422, Acts of the 76th Legislature, Regular
2-15     Session, 1999, is amended and reenacted to read as follows:
2-16           (b)  Performance on the indicators adopted under this section
2-17     shall be compared to state-established standards.  The degree of
2-18     change from one school year to the next in performance on each
2-19     indicator adopted under this section shall also be considered.  The
2-20     indicators must be based on information that is disaggregated with
2-21     respect to race, ethnicity, sex, and socioeconomic status and must
2-22     include:
2-23                 (1)  the results of assessment instruments required
2-24     under Sections 39.023(a), (c), and (l), aggregated by grade level
2-25     and subject area;
2-26                 (2)  dropout rates;
2-27                 (3)  student attendance rates;
 3-1                 (4)  [the percentage of graduating students who attain
 3-2     scores on the secondary exit-level assessment instruments required
 3-3     under Subchapter B that are equivalent to a passing score on the
 3-4     test instrument required under Section 51.306;]
 3-5                 [(5)]  the percentage of graduating students who meet
 3-6     the course requirements established for the recommended high school
 3-7     program by State Board of Education rule;
 3-8                 (5) [(6)]  the results of the Scholastic Assessment
 3-9     Test (SAT), the American College Test, articulated postsecondary
3-10     degree programs described by Section 61.852, and certified
3-11     workforce training programs described by Chapter 311, Labor Code;
3-12                 (6) [(7)]  the number of students, aggregated by grade
3-13     level, provided accelerated instruction under Section 28.0211(c),
3-14     the results of assessments administered under that section, the
3-15     number of students promoted through the grade placement committee
3-16     process under Section 28.0211, the subject of the assessment
3-17     instrument on which each student failed to perform satisfactorily,
3-18     and the performance of those students in the school year following
3-19     that promotion on the assessment instruments required under Section
3-20     39.023;
3-21                 (7) [(8)]  for students who have failed to perform
3-22     satisfactorily on an assessment instrument required under Section
3-23     39.023(a) or (c), the numerical progress of those students on
3-24     subsequent assessment instruments required under those sections,
3-25     aggregated by grade level and subject area;
3-26                 (8) [(9)]  the percentage of students exempted, by
3-27     exemption category, from the assessment program generally
 4-1     applicable under this subchapter; and
 4-2                 (9) [(10)]  any other indicator the State Board of
 4-3     Education adopts.
 4-4           SECTION 4. Section 39.051(d), Education Code, as amended by
 4-5     Chapters 396 and 397, Acts of the 76th Legislature, Regular
 4-6     Session, 1999, is amended and reenacted to read as follows:
 4-7           (d)  Annually, the commissioner shall define exemplary,
 4-8     recognized, and unacceptable performance for each academic
 4-9     excellence indicator included under Subsections (b)(1) through
4-10     (5) [(6)] and shall project the standards for each of those levels
4-11     of performance for succeeding years.  For the indicator under
4-12     Subsection (b)(6) [(b)(7)], the commissioner shall define
4-13     exemplary, recognized, and unacceptable performance based on
4-14     student performance for the period covering both the current and
4-15     preceding academic years.  In defining exemplary, recognized, and
4-16     unacceptable performance for the indicators under Subsections
4-17     (b)(2) and (3), the commissioner may not consider as a dropout or
4-18     as a student who has failed to attend school a student whose
4-19     failure to attend school results from:
4-20                 (1)  the student's expulsion under Section 37.007; and
4-21                 (2)  as applicable:
4-22                       (A)  adjudication as having engaged in delinquent
4-23     conduct or conduct indicating a need for supervision, as defined by
4-24     Section 51.03, Family Code; or
4-25                       (B)  conviction of and sentencing for an offense
4-26     under the Penal Code.
4-27           SECTION 5. Sections 51.930(e) and (f), Education Code, are
 5-1     amended to read as follows:
 5-2           (e)  [A student participating in the program from another
 5-3     state shall be exempt from the provisions of Section 51.306 of this
 5-4     code unless that student becomes a degree-seeking undergraduate
 5-5     student at a Texas public institution of higher education.]
 5-6           [(f)]  A student may not participate in the program for more
 5-7     than one year.
 5-8           SECTION 6. Section 130.0035(b), Education Code, is amended to
 5-9     read as follows:
5-10           (b)  The report must include the following information for
5-11     the junior college district for the academic year covered by the
5-12     report:
5-13                 (1)  the rate at which students completed courses
5-14     attempted;
5-15                 (2)  the number and types of degrees and certificates
5-16     awarded;
5-17                 (3)  the percentage of graduates who passed licensing
5-18     exams related to the degree or certificate awarded, to the extent
5-19     the information can be determined;
5-20                 (4)  the number of students or graduates who transfer
5-21     to or are admitted to a public university;
5-22                 (5)  [the passing rates for students required to be
5-23     tested under Section 51.306;]
5-24                 [(6)]  the percentage of students enrolled who are
5-25     academically disadvantaged;
5-26                 (6) [(7)]  the percentage of students enrolled who are
5-27     economically disadvantaged;
 6-1                 (7) [(8)]  the racial and ethnic composition of the
 6-2     district's student body; and
 6-3                 (8) [(9)]  the percentage of student contact hours
 6-4     taught by full-time faculty.
 6-5           SECTION 7. This Act takes effect immediately and applies
 6-6     beginning with the 2001 fall semester.