By: Phillips H.B. No. 2080

A BILL TO BE ENTITLED

AN ACT

relating to statewide assessment instruments for public school students and requirements for grade level promotion and receiving a high school diploma.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.104(b), Education Code, is amended to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C, Chapter 22;

(C) reading instruments and accelerated reading instruction programs under Section 28.006;

(D) requirements for promotion [satisfactory performance on assessment instruments] and the provision of [to] accelerated instruction under Section 28.0211;

(E) high school graduation under Section 28.025;

(F) special education programs under Subchapter A, Chapter 29;

(G) bilingual education under Subchapter B, Chapter 29;

(H) prekindergarten programs under Subchapter E, Chapter 29;

(I) extracurricular activities under Section 33.081;

(J) discipline management practices or behavior management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) public school accountability under Subchapters B, C, D, and G, Chapter 39;

(M) the requirement under Section 21.006 to report an educator's misconduct; and

(N) intensive programs of instruction under Section 28.0213.

SECTION 2. Section 18.006(b), Education Code, is amended to read as follows:

(b) In addition to other factors determined to be appropriate by the commissioner, the accountability system must include consideration of:

(1) student performance on the end-of-course [secondary exit-level] assessment instruments required by Section 39.023(c); and

(2) dropout rates, including dropout rates and diploma program completion rates for the grade levels served by the diploma program.

SECTION 3. Section 25.005(b), Education Code, is amended to read as follows:

(b) A reciprocity agreement must:

(1) address procedures for:

(A) transferring student records;

(B) awarding credit for completed course work; and

(C) permitting a student to satisfy the requirements of Section 39.025 through successful performance in comparable core courses or on comparable [exit-level] assessment instruments administered in another state; and

(2) include appropriate criteria developed by the agency.

SECTION 4. Section 28.0211(a)(3) of the Education Code, is amended to read as follows:

(3) the ninth grade program to which the student would otherwise be assigned if the student does not, for each core course, if any, designated under Section 39.022(b) for the eighth grade level, earn a final grade of at least 70 on a scale of 100, including the student's performance [perform satisfactorily] on the applicable end-of-course [eighth grade mathematics and reading] assessment instrument to the extent provided by [instruments under] Section 39.023(c) [39.023].

SECTION 5. Section 28.0211(i) of the Education Code, is amended to read as follows:

(i) The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter B, Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (a) and administered under Section 39.023(a), (b), or (c) [39.023(a) or (b)] shall determine:

(1) the manner in which the student will participate in an accelerated instruction program under this section; and

(2) whether the student will be promoted or retained under this section.

SECTION 6. Section 28.0213(e), Education Code, is amended to read as follows:

(e) For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), (c), or (c-1) [39.023(a), (b), or (c)], the student's admission, review, and dismissal committee shall design the program to:

(1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and

(2) if applicable, carry out the purposes of Section 28.0211.

SECTION 7. Section 29.056(g), Education Code, is amended to read as follows:

(g) A district may transfer a student of limited English proficiency out of a bilingual education or special language program for the first time or a subsequent time if the student is able to participate equally in a regular all-English instructional program as determined by:

(1) agency-approved tests administered at the end of each school year to determine the extent to which the student has developed oral and written language proficiency and specific language skills in English;

(2) satisfactory performance on a [the] reading assessment instrument if the student is in grades three through five, [under Section 39.023(a)] or an English language arts assessment instrument if the student is in grade 6 or above [under Section 39.023(c), as applicable], with the assessment instrument administered in English, or, if the student is enrolled in the first or second grade, an achievement score at or above the 40th percentile in the reading and language arts sections of an English standardized test approved by the agency; and

(3) agency-approved criterion-referenced tests and the results of a subjective teacher evaluation.

SECTION 8. Section 29.0561(b), Education Code, is amended to read as follows:

(b) During the first two school years after a student is transferred out of a bilingual education or special language program under Section 29.056(g), the language proficiency assessment committee shall review the student's performance and consider:

(1) the total amount of time the student was enrolled in a bilingual education or special language program;

(2) the student's grades each grading period in each subject in the foundation curriculum under Section 28.002(a)(1);

(3) the student's performance on each assessment instrument administered under Section 39.023(a), (c), or (c-1), if applicable [39.023(a) or (c)];

(4) the number of credits the student has earned toward high school graduation, if applicable; and

(5) any disciplinary actions taken against the student under Subchapter A, Chapter 37.

SECTION 9. Section 29.081(b), Education Code, is amended to read as follows:

(b) Each district shall provide accelerated instruction to a student enrolled in the district who has taken an end-of-course [the secondary exit-level] assessment instrument administered under Section 39.023(c) or (c-1) and has not performed satisfactorily on the assessment instrument [each section] or who is at risk of dropping out of school.

SECTION 10. Section 29.087(f), Education Code, as amended by Chapters 283 and 373, Acts of the 78th Legislature, Regular Session, 2003, is reenacted and amended to read as follows:

(f) A student participating in a program authorized by this section, other than a student ordered to participate under Subsection (d)(1), must have taken the appropriate end-of-course assessment instruments under [specified by] Section 39.023(c) for courses in which the student has enrolled [39.023(a) for grade 9] before entering the program and must take each appropriate end-of-course [grade level] assessment instrument administered for courses in which the student is enrolled during the period in which the student is enrolled in the program. Except for a student ordered to participate under Subsection (d)(1), a student participating in the program may not take the high school equivalency examination unless the student has taken the assessment instruments required by this subsection.

SECTION 11. Section 30.021(e), Education Code, is amended to read as follows:

(e) The school shall cooperate with public and private agencies and organizations serving students and other persons with visual impairments in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students with visual impairments. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve students who have graduated from high school by completing all academic requirements applicable to students in regular education[, excluding satisfactory performance on the exit-level assessment instrument], who are younger than 22 years of age on September 1 of the school year, and who have identified needs related to vocational training, independent living skills, orientation and mobility, social and leisure skills, compensatory skills, or remedial academic skills.

SECTION 12. Section 33.0812(a), Education Code, is amended to read as follows:

(a) The State Board of Education by rule shall prohibit participation in a University Interscholastic League area, regional, or state competition:

(1) on Monday through Thursday of the school week in which the primary administration of assessment instruments under Section 39.023 (a), (c), (c-1) or (l) [39.023(a), (c), or (l)] occurs; or

(2) if the primary administration of the assessment instruments is completed before Thursday of the school week, beginning on Monday and ending on the last school day on which the assessment instruments are administered.

SECTION 13. Section 39.022, Education Code, is amended to read as follows:

Sec. 39.022. ASSESSMENT PROGRAM. (a) The State Board of Education by rule shall create and implement a statewide assessment program as provided by this subchapter [that is knowledge- and skills-based to ensure school accountability for student achievement that achieves the goals provided under Section 4.002]. After adopting rules under this section, the State Board of Education shall consider the importance of maintaining stability in the statewide assessment program when adopting any subsequent modification of the rules.

(b) The State Board of Education by rule shall designate two courses in the foundation curriculum under Section 28.002(a)(1) in which students in grade eight must be assessed as provided by Section 39.023 and four core courses in the foundation curriculum under Section 28.002(a)(1) in which students in grade nine or above must be assessed as provided by Section 39.023.

(c) The commissioner may designate additional courses in the foundation curriculum under Section 28.002(a)(1) in which students in grade six or above must be assessed as provided by Section 39.023(c-1). A student's performance on an end-of–course assessment instrument for a course designated under this subsection does not affect whether the student is promoted under Section 28.0211 or receives a diploma under Section 39.025.

SECTION 14. Section 39.023, Education Code, is amended by amending Subsections (a), (c), (d), (e), and (l) and adding Subsections (c-1), (c-2), and (c-3) to read as follows:

(a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:

(1) mathematics, annually in grades three through five seven without the aid of technology and in grades eight through 11 with the aid of technology on any assessment instruments that include algebra;

(2) reading, annually in grades three through five nine;

(3) writing, including spelling and grammar, in grades four and seven;

(4)English language arts, in grade 10;

(5)social studies, in grades eight and 10;

(4) (6) science, in grades five, eight, and 10; and

(5) (7) any other subject and grade required by federal law.

(c) The agency shall [also] adopt end-of-course [secondary exit-level] assessment instruments for each course offered at grade eight or above that is designated under Section 39.022(b) as a core course. A school district shall comply with the State Board of Education rules regarding administration of the assessment instruments to students enrolled in the courses for which the assessment instruments are adopted and shall adopt a policy that requires a student's performance on an assessment instrument for a course to account for 30 percent of the student's final grade for the course [designed to be administered to students in grade 11 to assess essential knowledge and skills in mathematics, English language arts, social studies, and science. The mathematics section must include at least Algebra I and geometry with the aid of technology. The English language arts section must include at least English III and must include the assessment of essential knowledge and skills in writing. The social studies section must include early American and United States history. The science section must include at least biology and integrated chemistry and physics. The assessment instruments must be designed to assess a student's mastery of minimum skills necessary for high school graduation and readiness to enroll in an institution of higher education].

(c-1) The agency shall adopt end-of-course assessment instruments for each course, if any, offered at grade six or above that is designated by the commissioner under Section 39.022(c). The assessment instruments must be designed to assess the student's essential knowledge and skills in the designated course and the student's mastery of minimum skills necessary for promotion to the next grade level or high school graduation and readiness to enroll in an institution of higher education, as appropriate. A school district shall comply with the State Board of Education rules regarding administration of the assessment instruments to students enrolled in the courses for which assessment instruments are adopted.

(c-2) If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under Subsection (c) or (c-1) [this subsection] or whether the student should be exempted under Section 39.027(a) [39.027(a)(2)].

(c-3) The State Board of Education shall administer the assessment instruments. The State Board of Education shall adopt a schedule for the administration of end-of-course [secondary exit-level] assessment instruments. Each student who did not perform satisfactorily on any end-of-course [secondary exit-level] assessment instrument when initially tested shall be given multiple opportunities to retake that assessment instrument. A student who performs at or above a level established by the Texas Higher Education Coordinating Board on the end-of-course [secondary exit-level] assessment instrument for each course designated under Section 39.022(b) as a core course at grade nine or above [instruments] is exempt from the requirements of Section 51.3062 [51.306].

(d) The commissioner may participate in multistate efforts to develop voluntary standardized end-of-course assessment instruments. The commissioner by rule may require a school district to administer an end-of-course assessment instrument developed through the multistate efforts. The admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, shall determine whether any allowable modification is necessary in administering to the student an end-of-course assessment instrument or whether the student should be exempted under Section 39.027(a) [39.027(a)(2)]. The State Board of Education shall determine the level of performance considered to be satisfactory on an assessment instrument administered under this subsection, except that the admission, review, and dismissal committee of a student in a special education program shall, in accordance with criteria established by agency rule, determine the level of performance considered to be satisfactory for that student.

(e) Under rules adopted by the State Board of Education, every other year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection [(a), (b),] (c), (c-1), or (d)[, or (l)] after the last time the instrument is administered for that school year. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score.

(l) The State Board of Education shall adopt rules for the administration of the assessment instruments adopted under Subsection (a) in Spanish to students in grades three through five six who are of limited English proficiency, as defined by Section 29.052, whose primary language is Spanish, and who are not otherwise exempt from the administration of an assessment instrument under Section 39.027(a)(3) or (4). Each student of limited English proficiency whose primary language is Spanish, other than a student to whom Subsection (b) applies, may be assessed using assessment instruments in Spanish under this subsection for up to three years or assessment instruments in English under Subsection (a). The language proficiency assessment committee established under Section 29.063 shall determine which students are administered assessment instruments in Spanish under this subsection.

SECTION 15. The heading to Section 39.024, Education Code, is amended to read as follows:

Sec. 39.024. STUDY GUIDES; TEACHER TRAINING RESOURCES [SATISFACTORY PERFORMANCE].

SECTION 16. Section 39.025, Education Code, is amended to read as follows:

Sec. 39.025. SATISFACTORY [EXIT-LEVEL] PERFORMANCE REQUIRED FOR DIPLOMA. (a) A student may not receive a high school diploma until the student has:

(1) for each core course at grade nine or above designated under Section 39.022(b):

(A) earned a final grade of at least 70 on a scale of 100;

(B) performed satisfactorily, as established under Subsection (e), on the college advanced placement test or international baccalaureate examination, as those terms are defined by Section 28.051, adopted for the course as provided by Subsection (d); or

(C) earned a score of at least 70 on a scale of 100 on the final examination in a course that is offered for dual credit and approved by the commission by rule as at least equivalent to the applicable core course; or

(2) performed satisfactorily, as established under Subsection (e), on a nationally recognized norm referenced assessment instrument adopted by the commissioner as provided by Subsection (d) [the secondary exit-level assessment instruments for English language arts, mathematics, social studies, and science administered under Section 39.023(c)].

(a-1) Subsection (a) [This subsection] does not require a student to demonstrate readiness to enroll in an institution of higher education.

(b) Each time an end-of-course [a secondary exit-level] assessment instrument or test, examination, or assessment instrument authorized by Subsection (a)(1)(B) or (a)(2) is administered, a student who has not been given a high school diploma because of a failure to perform satisfactorily [on the assessment instrument for that subject area] may take [retake] the applicable assessment instrument, test, or examination.

(c) A student who has been denied a high school diploma under Subsections (a) and (b) and who subsequently satisfies the requirements prescribed by Subsection (a) [performs satisfactorily on each secondary exit-level assessment instrument] shall be issued a high school diploma.

(d) The [Notwithstanding Subsection (a), the] commissioner by rule shall adopt:

(1) for purposes of Subsection (a)(1)(B), the college advanced placement test and international baccalaureate examination acceptable for each core course at grade nine or above designated under Section 39.022(b); and

(2) for purposes of Subsection (a)(2), one or more alternative nationally recognized norm referenced assessment instruments [under this section to administer to a student to qualify for a high school diploma if the student enrolls after January 1 of the school year in which the student is otherwise eligible to graduate:

[(1) for the first time in a public school in this state; or

[(2) after an absence of at least four years from any public school in this state].

(e) The commissioner shall establish a required performance level for an assessment instrument, test, or examination adopted under Subsection (d) that is at least as rigorous as the performance level for the end-of-course [secondary exit-level] assessment instrument for the same course or courses [subject].

(f) The commissioner by rule shall adopt a transition plan to implement the amendments made by __.B. No.___, Acts of the 80th Legislature, Regular Session, 2007, to Section 28.0211, this section and other provisions of this subchapter, and Section 39.051(b)(5). The rules must provide for the end-of-course assessment instruments adopted under Sections 39.023(c) and (c-1) or, to the extent applicable, alternatives authorized under this section to be administered beginning with students entering the sixth grade during the 2008-2009 school year. During the period under which the transition to end-of-course assessment instruments is made:

(1) for students entering a grade above sixth grade during the 2008-2009 school year, the commissioner shall retain, administer, and use for campus and district ratings under Subchapter D the assessment instruments required under Section 39.023, as that section existed before amendment by __.B. No.___, Acts of the 80th Legislature, Regular Session, 2007; and

(2) the agency may defer releasing assessment instrument questions and answer keys as required by Section 39.023(e) to the extent necessary to develop additional assessment instruments.

(g) Rules adopted under Subsection (f) must require that each student who will be subject to the requirements of Section 28.0211 or Subsection (a) is entitled to notice of the specific requirements applicable to the student. Notice under this subsection must be provided not later than the date the student enters the sixth grade. Subsection (f) and this subsection expire September 1, 2014.

SECTION 17. Sections 39.027(a) and (e), Education Code, are amended to read as follows:

(a) A student may be exempted from the administration of an assessment instrument under[:

[(1) Section 39.023(a) or (b) if the student is eligible for a special education program under Section 29.003 and the student's individualized education program does not include instruction in the essential knowledge and skills under Section 28.002 at any grade level;

[(2)] Section 39.023(c), (c-1), or (d) if the student is eligible for a special education program under Section 29.003 and:

(1) [(A)] the student's individualized education program does not include instruction in the essential knowledge and skills under Section 28.002 at any grade level; or

(2) [(B)] the assessment instrument, even with allowable modifications, would not provide an appropriate measure of the student's achievement as determined by the student's admission, review, and dismissal committee[;

[(3) Section 39.023(a) or (l) for a period of up to one year after initial enrollment in a school in the United States if the student is of limited English proficiency, as defined by Section 29.052, and has not demonstrated proficiency in English as determined by the assessment system under Subsection (e); or

[(4) Section 39.023(a) or (l) for a period of up to two years in addition to the exemption period authorized by Subdivision (3) if the student has received an exemption under Subdivision (3) and:

[(A)is a recent unschooled immigrant; or

[(B) is in a grade for which no assessment instrument in the primary language of the student is available].

(e) The commissioner shall develop an assessment system that shall be used for evaluating the academic progress, including reading proficiency in English, of all students of limited English proficiency, as defined by Section 29.052. [A student who is exempt from the administration of an assessment instrument under Subsection (a)(3) or (4) who achieves reading proficiency in English as determined by the assessment system developed under this subsection shall be administered the assessment instruments described by Sections 39.023(a) and (c). The performance under the assessment system developed under this subsection of students to whom Subsection (a)(3) or (4) applies shall be included in the academic excellence indicator system under Section 39.051, the performance report under Section 39.053, and the comprehensive annual report under Section 39.182.]

SECTION 18. Section 39.028, Education Code, is amended to read as follows:

Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL RESULTS. The state assessment program shall obtain nationally comparative results for the subject areas and grade levels for which criterion-referenced assessment instruments are adopted under this subchapter [Section 39.023].

SECTION 19. Section 39.032(f), Education Code, is amended to read as follows:

(f) In this section, "assessment instrument" means a group-administered assessment instrument adopted under this subchapter [achievement test].

SECTION 20. Section 39.051(b) of the Education Code, is amended to read as follows:

(b) Performance on the indicators adopted under this section shall be compared to state-established standards. The degree of change from one school year to the next in performance on each indicator adopted under this section shall also be considered. The indicators must be based on information that is disaggregated by race, ethnicity, gender, and socioeconomic status and must include:

(1) the results of:

(A) assessment instruments required under Section 39.023(c) [Sections 39.023(a), (c), and (l)], aggregated by grade level and course [subject area];

(B) college advanced placement tests, international baccalaureate examinations, and final examinations in dual credit courses under Section 39.025(a)(1)(B), aggregated by grade level and course; and

(C) nationally recognized norm referenced assessment instruments under Section 39.025(a)(2), aggregated by grade level;

(2) dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education;

(3) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);

(4) student attendance rates;

(5) the percentage of graduating students who attain scores on the end-of-course [secondary exit-level] assessment instruments required under Subchapter B that are equivalent to a passing score on the assessment instrument required under Section 51.3062;

(6) the percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;

(7) the results of the Scholastic Assessment Test (SAT), the ACT [American College Test (ACT)], articulated postsecondary degree programs described by Section 61.852, and certified workforce training programs described by Chapter 311, Labor Code;

(8) the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c), the results of assessments administered under that section, the percentage of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily, and the performance of those students in the school year following that promotion on any [the] assessment instruments required under Section 39.023(c) [39.023];

(9) for students who have failed to perform satisfactorily on an assessment instrument required under Section 39.023(a) or (c), the numerical progress of those students grouped by percentage on subsequent assessment instruments required under that section [those sections], aggregated by grade level and course [subject area];

(10) the percentage of students exempted, by exemption category, from the assessment program generally applicable under this chapter; and

(11) [the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(3) and (4);

[(12) the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

[(13)] the measure of progress toward preparation for postsecondary success[; and

[(14) the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052].

SECTION 21. Section 39.075(a), Education Code, is amended to read as follows:

(a) The commissioner shall authorize special accreditation investigations to be conducted:

(1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2) when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

(5) when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code; or

(7) [when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b); or

[(8)] as the commissioner otherwise determines necessary.

SECTION 22. Section 39.182(a), Education Code, is amended to read as follows:

(a) Not later than December 1 of each year, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a comprehensive report covering the preceding school year and containing:

(1) an evaluation of the achievements of the state educational program in relation to the statutory goals for the public education system under Section 4.002;

(2) an evaluation of the status of education in the state as reflected by the academic excellence indicators adopted under Section 39.051;

(3) a summary compilation of overall student performance on [academic skills] assessment instruments required by Section 39.023 with the number and percentage of students exempted from the administration of those instruments and the basis of the exemptions, aggregated by grade level, course [subject area], campus, and district, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status;

(4) a summary compilation of overall performance of students placed in a disciplinary alternative education program established under Section 37.008 on [academic skills] assessment instruments required by Section 39.023 with the number of those students exempted from the administration of those instruments and the basis of the exemptions, aggregated by district, grade level, and subject area, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status;

(5) a summary compilation of overall performance of students at risk of dropping out of school, as defined by Section 29.081(d), on [academic skills] assessment instruments required by Section 39.023 with the number of those students exempted from the administration of those instruments and the basis of the exemptions, aggregated by district, grade level, and subject area, with appropriate interpretations and analysis, and disaggregated by race, ethnicity, gender, and socioeconomic status;

(6) an evaluation of the correlation between student grades and student performance on [academic skills] assessment instruments required by Section 39.023;

(7) a statement of the dropout rate of students in grade levels 7 through 12, expressed in the aggregate and by grade level, and a statement of the completion rates of students for grade levels 9 through 12;

(8) a statement of:

(A) the completion rate of students who enter grade level 9 and graduate not more than four years later;

(B) the completion rate of students who enter grade level 9 and graduate, including students who require more than four years to graduate;

(C) the completion rate of students who enter grade level 9 and not more than four years later receive a high school equivalency certificate;

(D) the completion rate of students who enter grade level 9 and receive a high school equivalency certificate, including students who require more than four years to receive a certificate; and

(E) the number and percentage of all students who have not been accounted for under Paragraph (A), (B), (C), or (D);

(9) a statement of the projected cross-sectional and longitudinal dropout rates for grade levels 9 through 12 for the next five years, assuming no state action is taken to reduce the dropout rate;

(10) a description of a systematic, measurable plan for reducing the projected cross-sectional and longitudinal dropout rates to five percent or less for the 1997-1998 school year;

(11) a summary of the information required by Section 29.083 regarding grade level retention of students and information concerning:

(A) the number and percentage of students retained; and

(B) the performance of retained students on assessment instruments required under Section 39.023(a) or (c);

(12) information, aggregated by district type and disaggregated by race, ethnicity, gender, and socioeconomic status, on:

(A) the number of students placed in a disciplinary alternative education program established under Section 37.008;

(B) the average length of a student's placement in a disciplinary alternative education program established under Section 37.008; and

(C) the academic performance of students on assessment instruments required under Section 39.023(a) or (c) during the year preceding and during the year following placement in a disciplinary alternative education program; and

(D) the dropout rates of students who have been placed in a disciplinary alternative education program established under Section 37.008;

(13) a list of each school district or campus that does not satisfy performance standards, with an explanation of the actions taken by the commissioner to improve student performance in the district or campus and an evaluation of the results of those actions;

(14) an evaluation of the status of the curriculum taught in public schools, with recommendations for legislative changes necessary to improve or modify the curriculum required by Section 28.002;

(15) a description of all funds received by and each activity and expenditure of the agency;

(16) a summary and analysis of the instructional expenditures ratios and instructional employees ratios of school districts computed under Section 44.0071;

(17) a summary of the effect of deregulation, including exemptions and waivers granted under Section 7.056 or 39.112;

(18) a statement of the total number and length of reports that school districts and school district employees must submit to the agency, identifying which reports are required by federal statute or rule, state statute, or agency rule, and a summary of the agency's efforts to reduce overall reporting requirements;

(19) a list of each school district that is not in compliance with state special education requirements, including:

(A) the period for which the district has not been in compliance;

(B) the manner in which the agency considered the district's failure to comply in determining the district's accreditation status; and

(C) an explanation of the actions taken by the commissioner to ensure compliance and an evaluation of the results of those actions;

(20) a comparison of the performance of open-enrollment charter schools and school districts on the academic excellence indicators specified in Section 39.051(b) and accountability measures adopted under Section 39.051(g), with a separately aggregated comparison of the performance of open-enrollment charter schools predominantly serving students at risk of dropping out of school, as defined by Section 29.081(d), with the performance of school districts;

(21) a summary of the information required by Section 38.0141 regarding student health and physical activity from each school district; and

(22) any additional information considered important by the commissioner or the State Board of Education.

SECTION 23. Section 51.3062(q), Education Code, is amended to read as follows:

(q) A student who has achieved scores [a score] set by the board on end-of-course assessment instruments [an exit-level assessment instrument] required under Section 39.023 is exempt from the requirements of this section. The exemption is effective for the three-year period following the date a student takes the last assessment instrument required for purposes of this section and achieves the standard set by the board. This subsection does not apply during any period for which the board designates the end-of-course assessment instruments [exit-level assessment instrument] required under Section 39.023 as the primary assessment instrument under this section, except that the three-year period described by this subsection remains in effect for students who qualify for an exemption under this subsection [section] before that period.

SECTION 24. The following provisions of the Education Code are repealed:

(1) Sections 28.0211(l), (n), and (o);

(2) Section 39.023(j).

SECTION 25. Not later than January 1, 2008:

(1) the State Board of Education shall adopt rules to:

(A) create and implement a statewide assessment program as provided by Section 39.022, Education Code, as amended by this Act; and

(B) designate four core courses in which a student must be assessed as provided by Section 39.022(b), Education Code, as added by this Act;

(2) the Texas Education Agency shall adopt end-of-course assessment instruments as required by Section 39.023(c), Education Code, as amended by this Act; and

(3) the commissioner of education shall by rule:

(A) approve dual credit courses as required by Section 39.025(a), Education Code, as amended by this Act; and

(B) adopt college advanced placement tests, international baccalaureate examinations, and one or more nationally norm referenced assessment instruments, as required by Section 39.025(d), Education Code, as amended by this Act.

SECTION 26. A reference in the Education Code to an end-of-course assessment instrument administered under Section 39.023(c), Education Code, as amended by this Act, includes an exit-level assessment instrument administered under that section or an assessment instrument administered under Section 28.0211, Education Code, as amended by this Act, as provided by Section 39.025(f), Education Code, as added by this Act.

SECTION 27. This Act applies beginning with the 2008-2009 school year.

SECTION 28. Except as otherwise provided by this Act, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007, except as otherwise provided by this Act.